[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.

_________

 

      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,

Ê 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 district’s 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)