[Rev. 1/9/2014 10:22:15 AM]

[NAC-369 Revised Date: 1-14]

CHAPTER 369 - INTOXICATING LIQUOR: LICENSES AND TAXES

369.001            Definitions.

369.002            “Case of wine” defined.

369.003            “Department” defined.

369.004            “Fiscal year” or “year” defined.

369.006            “Liquor” defined.

369.008            “Supplier” defined.

369.010            Shipments to permissible persons.

369.012            Certificate of compliance.

369.014            Payment of excise tax; penalty and interest on late payment.

369.016            Submission of report for shipments of liquor; failure to comply.

369.020            Conversion of liters to gallons.

369.026            Designation of importer; notice.

369.028            Notice required for certain shipments of wine; fee; failure to comply.

369.030            Receipt by Commission of reports, returns and remittances.

 

 

 

      NAC 369.001  Definitions. (NRS 360.090, 369.150)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 369.002 to 369.008, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Tax Comm’n by R180-99, eff. 3-2-2001)

      NAC 369.002  “Case of wine” defined. (NRS 360.090, 369.150)  “Case of wine” means 12 bottles of wine, each containing 750 milliliters of wine, or an amount equal to that volume of wine which equals 2.37753 wine gallons.

     (Added to NAC by Tax Comm’n by R180-99, eff. 3-2-2001)

      NAC 369.003  “Department” defined. (NRS 360.090, 369.150)  “Department” means the Department of Taxation.

     (Added to NAC by Tax Comm’n by R180-99, eff. 3-2-2001)

      NAC 369.004  “Fiscal year” or “year” defined. (NRS 360.090, 369.150)  “Fiscal year” or “year” means the 12-month period from July 1 through June 30.

     (Added to NAC by Tax Comm’n by R180-99, eff. 3-2-2001)

      NAC 369.006  “Liquor” defined. (NRS 360.090, 369.150)  “Liquor” has the meaning ascribed to it in NRS 369.040.

     (Added to NAC by Tax Comm’n by R180-99, eff. 3-2-2001)

      NAC 369.008  “Supplier” defined. (NRS 360.090, 369.150)  “Supplier” has the meaning ascribed to it in NRS 369.111.

     (Added to NAC by Tax Comm’n by R180-99, eff. 3-2-2001)

      NAC 369.010  Shipments to permissible persons. (NRS 360.090, 369.150)

     1.  A person with a valid certificate of compliance may ship direct to a person with a permit as a permissible person without the necessity of delivery being made first to a licensed importer-wholesaler if the shipment is made only to an institution, school, hospital or church in this State for industrial, medical, scientific or sacramental purposes and not for concocting beverages for drink.

     2.  The person ordering the shipment must present the number of his or her permit with the order and the shipment must be reported by the holder of the certificate of compliance on the monthly reporting form.

     [Tax Comm’n, Liquor Tax Ruling No. 2, eff. 12-27-68]

      NAC 369.012  Certificate of compliance. (NRS 360.090, 369.150)  Before a supplier ships liquor into this State pursuant to paragraph (b) or (c) of subsection 2 of NRS 369.490, the supplier must obtain a certificate of compliance issued pursuant to NRS 369.430.

     (Added to NAC by Tax Comm’n by R180-99, eff. 3-2-2001)

      NAC 369.014  Payment of excise tax; penalty and interest on late payment. (NRS 360.090, 369.150, 369.462)  A supplier who ships liquor into this State pursuant to paragraph (b) or (c) of subsection 2 of NRS 369.490 must pay to the Department the excise tax levied pursuant to NRS 369.330 on or before the 20th day of the month after the date that the liquor was shipped to a person in this State. If the supplier pays the excise tax on or before the 15th day of the month after the date that the liquor was shipped to a person in this State, the supplier may deduct 3 percent of the amount of the excise tax. The Department shall assess a penalty and interest on any late taxes pursuant to the provisions of NRS 360.417.

     (Added to NAC by Tax Comm’n by R180-99, eff. 3-2-2001)

      NAC 369.016  Submission of report for shipments of liquor; failure to comply. (NRS 360.090, 369.150, 369.430)

     1.  A supplier shall submit to the Department, with documentation, a report on a form prescribed by the Department that includes, without limitation, the:

     (a) Name and address of the person to whom the liquor was shipped;

     (b) Kind of liquor shipped in each order;

     (c) Quantity of liquor shipped in each order in gallons rounded to the nearest one-hundredth;

     (d) Percentage of alcohol by volume; and

     (e) Date of shipping.

     2.  A supplier shall submit the report set forth in subsection 1 on:

     (a) The date that the supplier pays the excise tax pursuant to NAC 369.014; or

     (b) The 20th day of each month in which the supplier does not ship any liquor.

     3.  Failure to file the report set forth in this section is grounds for suspension of the certificate of compliance of the supplier issued pursuant to NRS 369.430.

     (Added to NAC by Tax Comm’n by R180-99, eff. 3-2-2001)

      NAC 369.020  Conversion of liters to gallons. (NRS 360.090, 369.150)

     1.  The reports of licensees must be in wine gallons.

     2.  To convert liters to wine gallons for reporting purposes, licensees shall use the following standards:

     (a) For wine, to convert to wine gallons on any record or report, the quantity in liters must be multiplied by 0.26417 to determine the equivalent quantity in wine gallons. The resulting figures must be rounded to the nearest one-hundredth of a gallon.

     (b) For distilled spirits, to convert liters to wine gallons on any record or report, the quantity in liters shall be multiplied by 0.264172 to determine the equivalent quantity in wine gallons. The resulting figure must be rounded to the nearest one-hundredth of a gallon.

     [Tax Comm’n, Liquor Tax Ruling No. 4, eff. 7-1-77]

      NAC 369.026  Designation of importer; notice. (NRS 360.090, 369.150, 369.386)  A supplier who designates an importer in this State pursuant to NRS 369.386 shall submit a written notice to the Department which includes, without limitation, the name and address of each designated importer before he or she ships any liquor into this State.

     (Added to NAC by Tax Comm’n by R180-99, eff. 3-2-2001)

      NAC 369.028  Notice required for certain shipments of wine; fee; failure to comply. (NRS 360.090, 369.150, 369.466)  

     1.  A supplier who is required to pay the fee set forth in NRS 369.466 shall notify the Department in writing that the supplier has shipped 200 cases or more of wine on the date that the supplier pays the fee.

     2.  Failure to pay the fee pursuant to the provisions of NRS 369.466 is grounds for suspension of the certificate of compliance of the supplier issued pursuant to NRS 369.430.

     (Added to NAC by Tax Comm’n by R180-99, eff. 3-2-2001)

      NAC 369.030  Receipt by Commission of reports, returns and remittances. (NRS 360.090, 369.150)

     1.  Any report, return or remittance to cover a payment required by chapter 369 of NRS, which is transmitted through the United States mail shall be deemed filed or received on the date shown by the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the Nevada Tax Commission establishes that the document or remittance was timely deposited in the United States mail, postage prepaid and properly addressed to the Commission.

     2.  A receipt for material sent by certified or registered mail, if different than the post office cancellation mark, will prevail if the date on the receipt is earlier than the cancellation date.

     3.  A record authenticated by the post office that the cancellation date on certain batches of mail was erroneous is proof satisfactory to the Commission that the mailing was made on a date other than the post office cancellation date.

     4.  If it is known that the postal service was inoperative at a certain time due to strikes, riots, warfare, acts of God or other reasons, the Commission will consider the circumstances, and if there is other evidence of timely mailing will accept the evidence and deem the return or payment timely.

     5.  The cancellation date affixed by a postage meter in possession of the taxpayer or other person will be disregarded as proof of the date mailed whenever it is contradicted by an official post office cancellation mark stamped upon the envelope containing it. Statements by a taxpayer or the taxpayer’s employees, alone, will not be sufficient to refute the post office cancellation date as the date of mailing.

     [Tax Comm’n, Liquor Tax Ruling part No. 3, eff. 7-24-70; A 10-9-71]