As used in NRS 375A.010 to 375A.345 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 375A.015 to 375A.060 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1987, 2099)
“Decedent” or
“transferor” means any person by or from whom a transfer is made, and
includes any testator, intestate, grantor, bargainor, vendor, assignor,
donor, joint tenant or insured.
(Added to NRS by 1987, 2099)
“Federal credit” means the
maximum amount of the credit against the federal estate tax for state
death taxes allowed by 26 U.S.C. § 2011, in respect to a decedent’s
taxable estate.
(Added to NRS by 1987, 2100)
“Gross estate” has the
meaning ascribed to “gross estate” in 26 U.S.C. § 2031.
(Added to NRS by 1987, 2100)
“Nonresident” or “nonresident decedent” means a decedent who was
domiciled outside of Nevada at the time of his death.
(Added to NRS by 1987, 2100)
“Personal
representative” means the personal representative of the decedent or, if
there is no personal representative appointed, qualified and acting
within this state, any person who is in actual or constructive possession
of any property included in the gross estate of the decedent.
(Added to NRS by 1987, 2100)
“Resident” or “resident decedent” means a decedent who was domiciled in
Nevada at the time of his death.
(Added to NRS by 1987, 2100)
“Taxable estate” means the
“taxable estate” as defined in 26 U.S.C. § 2051.
(Added to NRS by 1987, 2100)
“Transfer” includes the passage
of any property, or any interest therein or income therefrom, in
possession or enjoyment, present or future, in trust or otherwise.
(Added to NRS by 1987, 2100)
“Transferee” means any person
to whom a transfer is made, and includes any legatee, devisee, heir, next
of kin, grantee, donee, vendee, assignee, successor, survivor or
beneficiary.
(Added to NRS by 1987, 2100)
Imposition of Tax
A tax is hereby imposed on the
transfer of the taxable estate of a:
1. Resident decedent in the amount of the maximum credit allowable
against the federal estate tax for the payment of state death taxes on
all:
(a) Real and tangible personal property of the decedent, or any
interest therein, having a situs in this state at the time of death; and
(b) Intangible personal property of the decedent, or any interest
therein, within or outside this state or otherwise subject to the
jurisdiction of this state at the time of death.
2. Nonresident decedent in the amount of the maximum credit
allowable against the federal estate tax for the payment of state death
taxes on:
(a) All real and tangible personal property of the decedent, or any
interest therein, having a situs in this state at the time of death; and
(b) If the decedent is a nonresident of the United States, all
intangible personal property, or any interest therein, in this state at
the time of death, including all stock of a corporation organized under
the laws of Nevada or which has its principal place of business or does
the major part of its business in Nevada or of a federal corporation or
national bank which has its principal place of business or does the major
part of its business in Nevada, except:
(1) Savings accounts in savings and loan associations
operating under the authority of the Division of Financial Institutions
of the Department of Business and Industry or the Federal Home Loan Bank;
and
(2) Bank deposits, unless those deposits are held and used
in connection with a business conducted or operated, in whole or in part,
in Nevada.
(Added to NRS by 1987, 27; A 1991, 152; 1993, 1578)
If a decedent leaves property having a
situs in this state, and leaves other property having a situs in another
state, the portion of the federal credit which is attributable to the
property having a situs in Nevada must be determined in the following
manner:
1. For the purpose of apportioning the federal credit, the gross
value of the property must be that value finally determined for the
purposes of the federal estate tax.
2. The federal credit must be multiplied by the percentage which
the gross value of property having a situs in Nevada bears to the gross
value of the entire estate subject to federal estate tax.
3. The product determined pursuant to subsection 2 must be the
portion of the federal credit which is attributable to property having a
situs in Nevada.
(Added to NRS by 1987, 2100)
Payments and Determinations
1. The personal representative of every estate subject to the tax
imposed by NRS 375A.100 who is
required to file a federal estate tax return shall file with the
Department on or before the federal estate tax return is required to be
filed, any documentation concerning the amount due which is required by
the Department.
2. The Department shall adopt regulations to require sufficient
documentation of the amount due pursuant to this chapter.
(Added to NRS by 1987, 2100)
If the
personal representative has obtained an extension of time for filing the
federal estate tax return, the filing required by NRS 375A.150 must be similarly extended until the end of
the period granted in the extension of time for the federal estate tax
return. A true copy of the federal extension must be filed with the
Department.
(Added to NRS by 1987, 2101)
If the
personal representative files an amended federal estate tax return, he
shall immediately file with the Department an amended return with a true
copy of the amended federal estate tax return. If the personal
representative is required to pay an additional tax under NRS 375A.100
pursuant to the amended return, he
shall pay that additional tax, together with any interest as provided in
NRS 375A.205 , at the same time the
amended return is filed.
(Added to NRS by 1987, 2101)
Upon
final determination of the federal estate tax due, the personal
representative shall, within 60 days after that determination, give
written notice of it to the Department. If any additional tax is due
under NRS 375A.100 by reason of this
determination, the personal representative shall pay the tax, together
with interest as provided in NRS 375A.205 , at the same time he files the notice.
(Added to NRS by 1987, 2101)
If the
return provided for in NRS 375A.150
is not filed within the time specified in that section or the extension
specified in NRS 375A.155 , then the
personal representative shall pay, except as otherwise provided in NRS
360.232 and 360.320 , and in addition to the interest provided in
NRS 375A.205 , a penalty equal to 5
percent of the tax due, as finally determined, for each month or portion
of a month during which that failure to file continues, not exceeding 25
percent in the aggregate, unless it is shown that there was reasonable
cause for the failure to file. If a similar penalty for failure to file
timely the federal estate tax return is waived, that waiver shall be
deemed to constitute reasonable cause for purposes of this section.
(Added to NRS by 1987, 2101; A 1999, 2500 )
In the case of a false or
fraudulent return or failure to file a return, the Department may
determine the tax at any time.
(Added to NRS by 1987, 2101)
1. In a case not involving a false or fraudulent return or failure
to file a return, if the Department determines at any time after the tax
is due, but not later than 4 years after the return is filed unless a
longer period is provided by federal law, that the tax disclosed in any
return required to be filed by NRS 375A.015 to 375A.345 , inclusive, is less than the tax disclosed
by its examination, a deficiency must be determined. That determination
may also be made within such time after the expiration of the period as
may be agreed upon in writing between the Department and the personal
representative.
2. For purposes of this section, a return filed before the last
day prescribed by law for filing that return must be considered as filed
on that last day.
(Added to NRS by 1987, 2101; A 1991, 1408)
If a deficiency has been determined in an erroneous
amount, the Department may, within 3 years after the erroneous
determination was made, set aside the determination or issue an amended
determination in the correct amount.
(Added to NRS by 1987, 2101)
The Department shall give notice of the deficiency determined, together
with any penalty for failure to file a return, by personal service or by
mail to the person filing the return at the address stated in the return,
or, if no return is filed, to the person liable for the tax. Copies of
the notice of deficiency may in the same manner be given to such other
persons as the Department deems advisable.
(Added to NRS by 1987, 2102)
If it is claimed that a deficiency has been
determined in an erroneous amount, any person who is liable for the tax
may appeal the determination to the Nevada Tax Commission pursuant to NRS
360.245 . If the person who is liable
for the tax is aggrieved by the decision of the Commission on appeal, he
may, within 3 years after the determination was made, bring an action
against the State of Nevada in the district court having jurisdiction
over the estate to have the tax modified in whole or in part.
(Added to NRS by 1987, 2102; A 1999, 2500 )
The tax imposed
by NRS 375A.100 :
1. Must be paid by the personal representative to the extent of
assets subject to his control. Liability for payment of the tax continues
until the tax is paid.
2. Is due on the date of the decedent’s death.
3. Is delinquent at the expiration of 9 months from the date on
which it becomes due, if not paid within that time.
(Added to NRS by 1987, 2102)
1. The tax imposed by NRS 375A.100 does not bear interest if it is paid before
the date on which it otherwise becomes delinquent. Except as otherwise
provided in NRS 360.232 and 360.320
, if the tax is paid after that date,
the tax bears interest at the rate set by the Executive Director, from
the date it became delinquent until it is paid.
2. The Executive Director shall set and maintain the rate of
interest for late payments at the highest rate permissible pursuant to
Section 4 of Article 10 of the Nevada Constitution.
(Added to NRS by 1987, 2102; A 1999, 2501 )
Every payment received by the Department on the tax imposed by NRS
375A.100 must be applied:
1. To any interest due on the tax;
2. To any penalty; and
3. If there is any balance, to the tax itself,
Ê in that order.
(Added to NRS by 1987, 2102)
1. If any personal representative fails to pay any tax imposed by
NRS 375A.100 for which he is liable
before the date the tax becomes delinquent, he must, on motion of the
Department, be required by the district court having jurisdiction over
the estate to execute a bond to the State of Nevada in an amount equal to
twice the amount of the tax, with such sureties as the court may approve,
conditioned for the payment of the tax, plus interest on the tax at the
rate of interest set by the Executive Director pursuant to NRS 375A.205
commencing on the date the tax became
delinquent, unless otherwise provided in NRS 360.232 or 360.320 .
The bond must be executed within a certain time to be fixed by the court
and specified in the bond.
2. The bond must be filed in the office of the clerk of the court,
and a certified copy must be immediately transmitted to the Department.
3. If the bond is not filed within 20 days after the date of the
filing of the order requiring it, the letters of the personal
representative affected must be revoked upon motion of the Department.
(Added to NRS by 1987, 2102; A 1999, 2501 )
1. Whenever the Department determines that an overpayment of the
tax due under NRS 375A.100 has been
made, the person making payment is entitled to a refund of the amount
erroneously paid on presentation of proof satisfactory to the Department
that he is entitled to a refund.
2. An application for the refund must be made to the Department
within 1 year after the date the federal estate tax has been finally
determined.
3. On proof satisfactory to the Department that the applicant is
entitled to a refund, the Department shall refund that amount plus
interest as provided by NRS 375A.225 .
4. The amount of the refund must be paid from the Estate Tax
Account in the State General Fund.
(Added to NRS by 1987, 2103)
Interest must be paid upon
any overpayment of the tax due under NRS 375A.100 at the rate of interest set by the Executive
Director pursuant to NRS 375A.205 .
Except as otherwise provided in NRS 360.320 , the interest must be allowed from the date on
which payment of the tax would have become delinquent, if not paid, or
the date of actual payment, whichever is later, to a date preceding the
date of the refund by not more than 30 days, as determined by the
Department.
(Added to NRS by 1987, 2103; A 1999, 2501 )
Collection of Tax
The State may
enforce its claim for any tax imposed by NRS 375A.100 and enforce the lien of the tax by a civil
action in any court of competent jurisdiction against any person liable
for the tax or against any property subject to the lien.
(Added to NRS by 1987, 2103)
1. The tax imposed by NRS 375A.100 becomes a lien upon the gross estate of the
decedent on the date of death and remains as such until the tax, interest
and penalties owed to the State are paid or the lien is otherwise
discharged.
2. If the tax is not paid when due, the person who had possession
of the property of the gross estate on the date of death of the decedent
is personally liable for the tax. If the person who is liable for the tax
transfers property of the gross estate to a bona fide purchaser or holder
of a security interest, the lien imposed by subsection 1 attaches at the
moment of the transfer to all of the property of the person who is liable
for the tax including property he acquires after the transfer, except the
property which is transferred to a bona fide purchaser or a holder of a
security interest. The lien does not attach to any property transferred
to a bona fide purchaser or a holder of a security interest but it
attaches to the consideration received for the property by the person who
is liable for the tax.
3. If the lien is not extinguished or otherwise released or
discharged, it expires 10 years after the date a determination of
deficiency is issued if, within that period, no notice of the lien has
been recorded or filed as provided in NRS 360.450 .
4. Except as otherwise provided in this section, the provisions of
NRS 360.420 to 360.560 , inclusive, apply to the lien.
(Added to NRS by 1987, 2103; A 1989, 1500)
At
any time within 10 years after a person is delinquent in the payment of
any tax, interest or penalty, or within 10 years after the last recording
or filing of a notice of a lien for taxes, the Department may issue a
warrant for the enforcement of any liens and for the collection of any
amount required to be paid to the State. The warrant must be directed to
any sheriff and has the same effect as a writ of execution. The warrant
must be levied and sale made pursuant to it in the same manner and with
the same effect as a levy of and sale pursuant to a writ of execution.
(Added to NRS by 1987, 2104)
1. The Department may pay or advance to the sheriff the same fees,
commissions and expenses for his services as are provided by law for
similar services pursuant to a writ of execution. The Department, and not
the court, shall approve the fees for publication in a newspaper.
2. The fees, commissions and expenses are obligations of the
person required to pay the tax, interest or penalty and may be collected
from him by virtue of the warrant or in any manner provided for the
collection of the tax.
(Added to NRS by 1987, 2104)
1. At any time after a tax imposed by NRS 375A.100 is delinquent, the Department may have a
writ of execution issued for the enforcement of any judgment rendered in
respect to the tax.
2. The writ must be executed against any property of the person
liable for payment of the tax, or against any property subject to the
lien for the tax.
3. The Department must not be charged a fee for the issuance of
execution of the writ.
(Added to NRS by 1987, 2104)
Proceedings for the collection of any tax imposed by NRS 375A.100 may be commenced at any time after the tax
is due and within 10 years after the time a determination of deficiency
is issued.
(Added to NRS by 1987, 2104; A 1995, 1090)
In any proceeding for the enforcement of the
tax imposed by NRS 375A.100 , a
certificate by the Department showing the amount due is prima facie
evidence of:
1. The imposition of the tax;
2. The fact that it is due; and
3. Compliance by the Department with all the provisions of this
chapter in relation to the computation and determination of the tax.
(Added to NRS by 1987, 2104)
No injunction or other legal or equitable process must issue in any
suit, action or proceeding in any court against this state or any officer
of this state to prevent or enjoin the collection of any tax imposed by
NRS 375A.100 .
(Added to NRS by 1987, 2104)
The
Department may bring suits in the courts of other states to collect taxes
payable under this chapter. An official of another state which extends a
like comity to this state may sue for the collection of similar taxes in
the courts of this state. A certificate by the secretary of state of
another state, under the great seal of that state, that an official
thereof has authority to collect its estate or other transfer taxes is
conclusive evidence of the authority of that official in any suit for the
collection of those taxes in any court of this state.
(Added to NRS by 1987, 2104)
The remedies of the State for the enforcement of the tax
imposed by NRS 375A.100 are
cumulative, and no action taken by the Department or any other state
officer or agency constitutes an election by the State or any of its
officers to pursue any remedy to the exclusion of any other remedy for
which provision is made.
(Added to NRS by 1987, 2105)
INTERSTATE COMPROMISE OF DEATH TAXES (UNIFORM ACT)
NRS 375A.400 to 375A.420 , inclusive, may be cited as the Uniform Act
on Interstate Compromise of Death Taxes.
(Added to NRS by 1987, 2105)
As used in NRS 375A.400 to 375A.420 , inclusive, unless the context otherwise
requires, “state” means any state, territory or possession of the United
States, and the District of Columbia.
(Added to NRS by 1987, 2105)
The Department may compromise with the
personal representative the tax, including any interest and penalty
thereon, payable on the estate of any decedent who it is claimed was not
a resident of this state at the time of his death.
(Added to NRS by 1987, 2105)
If the Department claims that a decedent was domiciled in this state at
the time of his death and the taxing authorities of another state or
states make a like claim on behalf of their state or states, the
Department may enter into a written agreement of compromise with the
other taxing authorities and the executor or administrator that a certain
sum will be accepted in full satisfaction of any and all death taxes
imposed by this state, including any interest to the date of filing the
agreement. The agreement must also fix the amount to be accepted by the
other states in full satisfaction of death taxes. The executor or
administrator is hereby authorized to make that agreement. Either the
Department or the executor or administrator shall file the agreement, or
a duplicate, with the Department. The tax shall be deemed conclusively
fixed as provided in the agreement. Unless the tax is paid within 90 days
after filing the agreement, interest accrues upon the amount fixed in the
agreement but the time between the decedent’s death and the filing must
not be included in computing the interest.
(Added to NRS by 1987, 2105)
NRS 375A.400 to 375A.420 , inclusive, must be so interpreted and
construed as to effectuate its general purpose to make uniform the law of
those states which enact them.
(Added to NRS by 1987, 2105)
INTERSTATE ARBITRATION OF DEATH TAXES (UNIFORM ACT)
NRS 375A.450 to 375A.510 , inclusive, may be cited as the Uniform Act
on Interstate Arbitration of Death Taxes.
(Added to NRS by 1987, 2105)
As used in NRS 375A.450 to 375A.510 , inclusive, unless the context otherwise
requires:
1. “Board” means the board of arbitrators selected pursuant to NRS
375A.460 .
2. “State” means any state, territory or possession of the United
States, and the District of Columbia.
(Added to NRS by 1987, 2105)
If the Department claims that a decedent was
domiciled in this state at the time of his death and the taxing
authorities of another state or states make a like claim on behalf of
their state or states, the Department may enter into a written agreement
with the other taxing authorities and with the executor or administrator
to submit the controversy to the decision of a board consisting of one or
any uneven number of arbitrators. The executor or administrator is hereby
authorized to make the agreement. The parties to the agreement shall
select the arbitrator or arbitrators.
(Added to NRS by 1987, 2105)
The board shall hold hearings at
such times and places as it may determine, upon reasonable notice to the
parties to the agreement, all of whom are entitled to be heard, to
present evidence and to examine and cross-examine witnesses.
(Added to NRS by 1987, 2106)
The board may
administer oaths, take testimony, subpoena and require the attendance of
witnesses and the production of books, papers and documents and issue
commissions to take testimony. Subpoenas may be signed by any member of
the board. In case of failure to obey a subpoena, any judge of a court of
record of this state, upon application by the board, may make an order
requiring compliance with the subpoena, and the court may punish failure
to obey the order as a contempt.
(Added to NRS by 1987, 2106)
The board
shall, by majority vote, determine the domicile of the decedent at the
time of his death. This determination is final for purposes of imposing
and collecting death taxes but for no other purpose.
(Added to NRS by 1987, 2106)
Except as provided in
NRS 375A.470 in respect of the
issuance of subpoenas, all questions arising in the course of the
proceeding must be determined by majority vote of the board.
(Added to NRS by 1987, 2106)
The Department, the board or the executor or
administrator shall file the determination of the board as to domicile,
the record of the board’s proceedings and the agreement or a duplicate of
the agreement entered into pursuant to NRS 375A.460 , with the authority having jurisdiction to
determine the death taxes in the state determined to be the domicile, and
shall file copies of all of those documents with the authorities that
would have been empowered to determine the death taxes in each of the
other states involved.
(Added to NRS by 1987, 2106)
If it is
determined by the board that the decedent died domiciled in this state,
interest, if otherwise imposed by law, for nonpayment of death taxes
between the date of the agreement and of filing of the determination of
the board as to domicile, must not exceed 12 percent per annum.
(Added to NRS by 1987, 2106)
The provisions of NRS 375A.450 to
375A.510 , inclusive, do not prevent a
written compromise at any time, if otherwise lawful, by all parties to
the agreement made pursuant to NRS 375A.460 , fixing the amounts to be accepted by this
and any other state involved in full satisfaction of death taxes.
(Added to NRS by 1987, 2106)
The compensation
and expenses of the members of the board and its employees may be agreed
upon among those members and the executor or administrator, and if they
cannot agree shall be fixed by the probate court of the state determined
by the board to be the domicile of the decedent. The amounts so agreed
upon or fixed shall be deemed an expense of administration and are
payable by the executor or administrator.
(Added to NRS by 1987, 2106)
NRS 375A.450 to 375A.510 , inclusive, apply only to cases in which
each of the states involved has a law identical with or substantially
similar to NRS 375A.450 to 375A.510
, inclusive.
(Added to NRS by 1987, 2107)
NRS 375A.450 to 375A.510 , inclusive, must be so interpreted and
construed as to effectuate its general purpose to make uniform the law of
those states which enact them.
(Added to NRS by 1987, 2107)
DETERMINATION OF DOMICILE BY ARBITRATION: ALTERNATIVE METHOD
As used in NRS 375A.600 to 375A.690 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 375A.605 to 375A.630 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1987, 2107)
“Board” means a board of
arbitration appointed pursuant to NRS 375A.650 .
(Added to NRS by 1987, 2107)
“Death tax” means any tax
levied by a state on account of the transfer or shifting of economic
benefits in property at death, or in contemplation thereof, or intended
to take effect in possession or enjoyment at or after death, whether
denominated an “inheritance tax,” “transfer tax,” “succession tax,”
“estate tax,” “death duty,” “death dues” or otherwise.
(Added to NRS by 1987, 2107)
“Executor” means an executor of
the will or administrator of the estate of the decedent, but does not
include an ancillary administrator or administrator with the will annexed
if an executor named in the will has been appointed and has qualified in
another state.
(Added to NRS by 1987, 2107)
“Interested person”
means any person who may be entitled to receive, or who has received, any
property or interest which may be required to be considered in computing
the death tax of any state involved.
(Added to NRS by 1987, 2107)
“State” means any state, territory
or possession of the United States, or the District of Columbia.
(Added to NRS by 1987, 2107)
“Taxing official” means
the Department or the designated taxing authority of a reciprocal state.
(Added to NRS by 1987, 2107)
1. If this state and one or more other states each claims that it
was the domicile of a decedent at his death, at any time before the
commencement of legal action for determination of domicile within this
state or within 60 days thereafter, any executor, or the taxing official
of any such state, may elect to invoke the provisions of NRS 375A.600
to 375A.690 , inclusive. The executor or taxing official
shall send a notice of that election by registered mail, return receipt
requested, to the taxing official of each such state and to each
executor, ancillary administrator and interested person.
2. Within 40 days after the receipt of the notice of election, any
executor may reject that election by sending a notice, by registered
mail, return receipt requested, to all persons originally required to be
sent a notice of election. When an election has been rejected by an
executor, no further proceedings must be had under NRS 375A.600 to 375A.690 , inclusive. If the election is not rejected
within the 40-day period, the dispute as to death taxes must be
determined solely as provided in NRS 375A.600 to 375A.690 , inclusive. No other proceedings to
determine or assess those death taxes must thereafter be maintained in
any court of this state or any other state.
(Added to NRS by 1987, 2107)
If an election
is made and not rejected, the Department may enter into a written
agreement with the other taxing officials involved and with the executors
to accept a certain sum in full payment of any death taxes, together with
interest and penalties, that may be due this state. This agreement must
fix the amount to be paid the other states involved in the dispute.
(Added to NRS by 1987, 2108)
If it appears that an agreement cannot be reached,
as provided in NRS 375A.640 , or if 1
year has elapsed from the date of the election without an agreement
having been reached, the domicile of the decedent at the time of his
death must be determined solely for the purposes of death taxes as
provided in NRS 375A.600 to 375A.690
, inclusive.
(Added to NRS by 1987, 2108)
If only this
state and one other state are involved, the Department and the taxing
official of the other state shall each appoint a member of a board of
arbitration, and these members shall appoint the third member of the
board. If this state and more than one other state are involved, the
taxing officials thereof shall agree upon the authorities charged with
the duty of administering the laws relating to death taxes in three
states not involved in the dispute and each of these authorities shall
appoint a member of the board of arbitration. The board shall select one
of its members as chairman.
(Added to NRS by 1987, 2108)
The board shall hold hearings at
such places as are deemed necessary, upon reasonable notice to the
executors, ancillary administrators, all other interested persons and the
taxing officials of the states involved, all of whom are entitled to be
heard.
(Added to NRS by 1987, 2108)
The board may
administer oaths, take testimony, subpoena witnesses and require their
attendance, require the production of books, papers and documents and
issue commissions to take testimony. Subpoenas may be issued by any
member of the board. Failure to obey a subpoena may be punished by any
court of record in the same manner as if the subpoena had been issued by
that court.
(Added to NRS by 1987, 2108)
Whenever practicable
the board shall apply the rules of evidence then prevailing in the
federal courts under the Federal Rules of Evidence.
(Added to NRS by 1987, 2108)
The board shall determine the domicile of the decedent at
the time of his death. This determination is final and conclusive and
binds this state, and all of its judicial and administrative officials on
all questions concerning the domicile of the decedent for the purpose of
death taxes. If the board does not render a determination within 1 year
from the time that it is fully constituted, all authority of the board
ceases and the bar to court proceedings set forth in NRS 375A.635 no longer exists.
(Added to NRS by 1987, 2108)
The reasonable
compensation and expenses of the members of the board and its employees
must be agreed upon among those members, the taxing officials involved
and the executors. If an agreement cannot be reached, compensation and
expenses must be determined by those taxing officials or, if they cannot
agree, by the appropriate probate court of the state determined to be the
domicile. That amount must be borne by the estate and shall be deemed an
expense of administration.
(Added to NRS by 1987, 2108)
The determination of the board and the record of its
proceedings must be filed with the authority having jurisdiction to
assess the death tax in the state determined to be the domicile of the
decedent and with the authorities which would have had jurisdiction to
assess the death tax in each of the other states involved if the decedent
had been found to be domiciled therein.
(Added to NRS by 1987, 2109)
Notwithstanding the commencement of a legal action for determination of
domicile within this state or the commencement of an arbitration
proceeding, the Department may in any case enter into a written agreement
with the other taxing officials involved and with the executors to accept
a certain sum in full payment of any death tax, together with interest
and penalties, that may be due this state at any time before that
proceeding is concluded. The agreement shall be deemed to fix the amount
to be paid the other states involved in the dispute. Upon the filing of
the agreement with the Department, an assessment must be made as provided
in that agreement. The assessment finally and conclusively fixes the
amount of death tax due this state. If the aggregate amount payable under
the agreement or under an agreement made in accordance with the
provisions of NRS 375A.640 to the
states involved is less than the minimum credit allowable to the estate
against the federal estate tax, the executor shall also pay to this state
the same percentage of the difference between that aggregate amount and
the amount of the credit as the amount payable to this state under the
agreement bears to the aggregate amount.
(Added to NRS by 1987, 2109)
Except
as otherwise provided in NRS 360.232
and 360.320 , if the board determines
that a decedent dies domiciled in this state, the total amount of
interest and penalties for nonpayment of the tax, between the date of the
election and the final determination of the board, must not exceed an
amount determined by applying the rate of interest set by the Executive
Director pursuant to NRS 375A.205 to
the amount of the taxes due.
(Added to NRS by 1987, 2109; A 1989, 594; 1999, 2501 )
DISTRIBUTION OF PROCEEDS
1. The Department shall deposit all payments received pursuant to
NRS 375A.100 in the State Treasury:
(a) For credit to the Estate Tax Account in the State General Fund,
an amount determined by the Department as necessary to pay the costs of
administration of this chapter and to refund any overpayments of tax.
(b) For credit to the Estate Tax Account in the Endowment Fund of
the Nevada System of Higher Education, 50 percent of the remainder after
deducting the amount pursuant to paragraph (a).
(c) For credit to the Fund for School Improvement created pursuant
to NRS 387.032 , 50 percent of the
remainder after deducting the amount pursuant to paragraph (a).
2. The interest earned on the money in the Estate Tax Account must
be credited to the Account.
(Added to NRS by 1987, 27; A 1987, 2112; 1989, 2107; 1993, 397;
1997, 124; 1999, 2838 ; 2005, 365 )
1. All money received by the Board of Regents of the University of
Nevada pursuant to paragraph (b) of subsection 1 of NRS 375A.700 must be accounted for separately in the
Endowment Fund of the Nevada System of Higher Education.
2. The money in the Estate Tax Account must be invested pursuant
to the same investment policies as the other money in the Endowment Fund
is invested. All interest and income earned on the money in the Account
must be credited to the Account.
3. The Board of Regents of the University of Nevada may, upon
approval by the Legislature when in regular session or by the Interim
Finance Committee when the Legislature is not in regular session, expend
any money in the Estate Tax Account.
(Added to NRS by 1987, 2110; A 1993, 398; 2003, 2621 ; 2005, 365 )
1. There is hereby created the Committee on the Estate Tax Account
for the Endowment of the Nevada System of Higher Education, composed of:
(a) Two members of the Board of Regents of the University of
Nevada, appointed by the Chairman of the Board with the approval of the
other members.
(b) Two members who are administrators of the Nevada System of
Higher Education, appointed by the Chancellor of the Nevada System of
Higher Education.
(c) Two members who are members of the faculty of the Nevada System
of Higher Education, appointed by the faculty.
(d) One member who is a student, appointed by the student
governments of the Nevada System of Higher Education.
2. If any authority having the power to appoint a member of the
Committee ceases to exist, the Governor shall exercise that power in a
manner consistent with the intent of this section.
3. The member of the Committee who is appointed pursuant to
paragraph (d) of subsection 1 shall serve a term of 1 year. All other
members of the Committee shall serve terms of 3 years.
4. The Committee shall make recommendations to the Board of
Regents of the University of Nevada concerning the expenditure of the
money in the Estate Tax Account in the Endowment Fund.
(Added to NRS by 1987, 2111; A 1993, 398; 2005, 366 )
ADMINISTRATION
The
Department may adopt regulations relating to the administration and
enforcement of this chapter, and may prescribe the extent, if any, to
which any regulation is applied to an estate without retroactive effect.
(Added to NRS by 1987, 2109)
The Department
may conduct a hearing at any time or place to determine whether a tax is
due under this chapter.
(Added to NRS by 1987, 2110)
For
purposes of a hearing pursuant to NRS 375A.805 , the Department has:
1. Jurisdiction to require the attendance of any person who the
Department may have reason to believe possesses knowledge of any facts
that will aid the Department in the determination of the tax; and
2. All the powers of a master of the district court.
(Added to NRS by 1987, 2110)
The
Department may issue subpoenas to:
1. Compel the attendance of any person or the production of books
and papers.
2. Determine the amount of any tax due under this chapter.
(Added to NRS by 1987, 2110)
On the filing by the Department of a petition asking the court to do so,
the district court of the county in which a hearing is held may compel
compliance with any subpoena issued by the Department.
(Added to NRS by 1987, 2110)
The Department may examine
and take the testimony under oath of any person at a hearing concerning
the determination of any tax due under this chapter.
(Added to NRS by 1987, 2110)
Any person compelled
to attend a hearing before the Department is entitled to fees for
attendance in an amount to be determined by the Department and to his
expenses of attendance. The fees and expenses are a part of the cost of
administering this chapter.
(Added to NRS by 1987, 2110)
All information and records acquired by the Department or
any of its employees pursuant to this chapter are confidential in nature,
and except insofar as may be necessary for the enforcement of this
chapter or as may be permitted by this chapter, must not be disclosed.
(Added to NRS by 1987, 2110)
Whenever the Department is cited as a party to any proceeding or action
to determine any tax imposed by this chapter, or whenever the Department
deems it necessary for the better enforcement of this chapter to secure
evidence of the evasion of, or to commence or appear in any proceeding or
action to determine, any such tax, the Department may, with the consent
and approval of the Attorney General:
1. Employ any attorney or other person to act for or represent the
Department on the state’s behalf.
2. Incur any reasonable and necessary expense for and incident to
that employment.
(Added to NRS by 1987, 2110)
The Department must not be charged a fee for filing,
recording or certifying any petition, lis pendens, decree or order for
taking any oath or acknowledgment, in any proceedings under this chapter.
No undertaking may be required from the Department or the State in any
such proceeding.
(Added to NRS by 1987, 2109)
The Department shall, without charge, distribute a copy of this chapter
to any person who requests it.
(Added to NRS by 1987, 2110)
JURISDICTION OF DISTRICT COURT TO HEAR AND DETERMINE DISPUTES RELATING TO
TAX
The district court which has jurisdiction in probate of the estate of
any decedent shall hear and determine all questions relative to any tax
imposed by this chapter, whether or not the property listed in the estate
tax return, or any portion thereof, is in the estate.
(Added to NRS by 1987, 2109)
In the case of a decedent who was not a resident of this state at the
time of his death, the district court of the county in which the
decedent’s real property is situated, or, if he had no real property in
this state, the district court of the county in which any of his personal
property is situated, has jurisdiction to hear and determine all
questions relative to any tax imposed by this chapter. If the decedent
leaves property in more than one county, the district court of the county
whose jurisdiction is first invoked has exclusive jurisdiction.
(Added to NRS by 1987, 2109)
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