[Rev. 11/21/2013 11:13:23 AM--2013]

CHAPTER 377C - TAX FOR SCHOOL CAPITAL PROJECTS

NRS 377C.100††††††† County ordinance imposing tax: Enactment; mandatory provisions.

NRS 377C.110††††††† Remittances to Department; deposit in Sales and Use Tax Account; distribution.

NRS 377C.120††††††† Redistribution by Department.

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††††† NRS 377C.100  County ordinance imposing tax: Enactment; mandatory provisions.

††††† 1.  On or before January 1, 2014, the board of county commissioners of each county whose population is 100,000 or more but less than 700,000 may enact an ordinance imposing a tax at the rate of one-quarter of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county. An ordinance adopted pursuant to this section must be approved by a two-thirds majority of the members of the board.

††††† 2.  Any tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

††††† 3.  An ordinance enacted pursuant to this section must include provisions in substance as follows:

††††† (a) Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

††††† (b) A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the ordinance.

††††† (c) A provision that the county shall contract before the effective date of the ordinance with the Department to perform all functions incident to the administration or operation of the tax in the county.

††††† (d) A provision that a purchaser is entitled to a refund, in accordance with the provisions of NRS 374.635 to 374.720, inclusive, of the amount of the tax required to be paid that is attributable to the tax imposed upon the sale of, and the storage, use or other consumption in the county of, tangible personal property used for the performance of a written contract:

†††††††††††† (1) Entered into on or before the effective date of the tax; or

†††††††††††† (2) For the construction of an improvement to real property for which a binding bid was submitted before the effective date of the tax if the bid was afterward accepted,

  if, under the terms of the contract or bid, the contract price or bid amount cannot be adjusted to reflect the imposition of the tax.

††††† (e) A provision that specifies the date on which the tax must first be imposed, which must be the first day of the first calendar quarter that begins at least 120 days after the effective date of the ordinance.

††††† (Added to NRS by 2013, 2795)

††††† NRS 377C.110  Remittances to Department; deposit in Sales and Use Tax Account; distribution.

††††† 1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this chapter must be paid to the Department in the form of remittances payable to the Department.

††††† 2.  The Department shall deposit the payments in the State Treasury to the credit of the Sales and Use Tax Account in the State General Fund.

††††† 3.  The State Controller, acting upon the collection data furnished by the Department, shall monthly:

††††† (a) Transfer from the Sales and Use Tax Account 1.75 percent of all fees, taxes, interest and penalties collected pursuant to this chapter during the preceding month to the appropriate account in the State General Fund as compensation to the State for the cost of collecting the tax.

††††† (b) Determine for each county an amount of money equal to any fees, taxes, interest and penalties collected in or for that county pursuant to this chapter during the preceding month, less the amount transferred to the State General Fund pursuant to paragraph (a).

††††† (c) Transfer the amount determined for each county to the Intergovernmental Fund and remit the money to the county treasurer for deposit in the county school districtís fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

††††† (Added to NRS by 2013, 2796)

††††† NRS 377C.120  Redistribution by Department.  The Department may redistribute any proceeds from any tax, interest or penalty collected pursuant to this chapter which is determined to be improperly distributed, but no such redistribution may be made as to amounts originally distributed more than 6 months before the date on which the Department obtains knowledge of the improper distribution.

††††† (Added to NRS by 2013, 2797)