SB 50 — Revises provisions governing the sales tax holiday for certain members of the Nevada National Guard and certain relatives of such members. (BDR 32-253)

(ReprintedSenate withBill amendmentsNo. adopted on April 18, 2023) FIRST REPRINT S.B.

5050–Committee SENATEon BILLRevenue NOand .Economic Development CHAPTER..........

50–COMMITTEE ON REVENUE AND ECONOMIC DEVELOPMENT (ON B EHALF OF THE D EPARTMENT OF TAXATION ) PREFILED N OVEMBER 16, 2022 ____________ Referred to Committee on Revenue and Economic Development SUMMARY—Revises provisions governing the sales tax holiday for certain members of the Nevada National Guard and certain relatives of such members.

(BDR 32-253) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existingtangible lawpersonal providesproperty anby exemptionmembers fromof salesthe andNevada useNational taxesGuard onwho purchasesare ofonof tangibleactive personalstatus propertyand bywho membersare residents of thethis NevadaState Nationaland Guardcertain whorelatives areof onsuch members of the Nevada National Guard if the purchase occurs on the date on which Nevada Day is observed or the immediately following Saturday or Sunday.

(NRS 372.7281, 374.7285) To claim this exemption from the tax on the purchase of tangible person property, existing law requires a person who is eligible for the exemption to obtain a letter of exemption from the Department of Taxation and to provide a copy of the letter to the retailer from whom the person purchases tangible perThisperson billproperty. revises the manner in which a member of the Nevada National Guard or a relative of a member of the Nevada National Guard claims this exemption.

(NRS 372.7282, 374.7286) This bill revises the manner in which a member of the Nevada National Guard or a relative of a member of the Nevada National Guard claims this exemption.

(1) a retailer to collect the tax on the purchase of tangible personal property that qualifies for the exemption under existing law;

and (2) the person who claims thethehat - *SB50_R1* – 2 – exemption to submit to the Department a request for a refund of the tax, a copy of the letter of exemption issued to the person and the receipt issued to the person by requiredthe toretailer issueindicating athat refund of the tax to a person whopaid submits the requiredtax. Department is information.

Under this bill, the Department is required to issue a refund of the tax to a person who submits the required information.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

A person who wishes to claim an exemption pursuant to subsection 4 or 5 of NRS 372.7281 must file the application not later than 30 days before the date on which Nevada Day is observed pursuant- to82nd NRSSession 236.015,(2023) unless– a2 different– deadline is specified by the Department by regulation, provided that any deadlinedeadlinespecified by established by the Department must not be earlier than 45 days before the date on which Nevada Day is observed.

A letter of exemption issued to a member of the Nevada National Guard described in subsection 4 of NRS 372.7281 or a relative of a member described in subsection 5 of NRS 372.7281 expires on Decemberwho 31makes a retail sale of tangible personal property to a memberer of the yearNevada itNational isGuard issueddescribed butin maysubsection be4 renewed.of NRS 372.7281 or a relative of a member described in subsection 5 of NRS 372.7281 shall collect the tax imposed by this chapter.

A retailer who makes a retail sale of tangible personal property to a member of the Nevada National Guard described in subsection 4 of NRS 372.7281 or a relative of a member described in subsection 5 of NRS 372.7281 shall collect the tax imposed by this chapter.

and - *SB50_R1* – 3 – (b) The retailer must retain and present upon request a copy of the letter of exemption to the Department.

(a) A request for a refund of the tax paid by the person upon a sale of tangible personal property that was exempt from tax upon a pursuant to subsection 4 or 5 of NRS 372.7281, as applicable;

- The82nd DepartmentSession shall(2023) issue– a3 refund– to a person who submits the information required by this subsection within the period established by this subsection.

2.exemption provided pursuant to NRS 374.7285, the Departmentble for the shall issue a letter of exemption to the person.

If the Department determines that a person is eligible for the exemption provided pursuant to NRS 374.7285, the Department shall issue a letter of exemption to the person.

A letter of exemption issued to a member of the Nevada National Guard described in subsection 4 of NRS 374.7285 or a relative of a - *SB50_R1* – 4 – member described in subsection 5 of NRS 374.7285 expires on December 31 of the year it is issued but may be renewed.

A retailer who makes a retail sale of tangible personal property to a member of the Nevada National Guard described in subsection 4 of NRS 374.7285 or a relative of a member described in subsection 5 of NRS 374.7285 shall collect the tax imposed by this chapter.chapter.5 of 3.

3.To claim an exemption pursuant to subsection 1, 2 or 3 of NRS 374.7285, for the sale of tangible personal property to such a person:

To claim an exemption pursuant to subsection 1, 2, or 3 of NRS 374.7285, for the sale of tangible personal property to such a person:

- 82nd Session (2023) – 4 – 4.

(a) A request for a refund of the tax paid by the person upon a sale of tangible personal property that was exempt from tax upon a pursuant to subsection 4 or 5 of NRS 374.7285, as applicable;

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