2005 Nevada Revised Statutes - Chapter 375A — Tax on Estates

CHAPTER 375A - TAX ON ESTATES

IMPOSITION, PAYMENT AND COLLECTION OF TAX

General Provisions

NRS 375A.010 Definitions.

NRS 375A.015 Decedentand transferor defined.

NRS 375A.025 Federalcredit defined.

NRS 375A.030 Grossestate defined.

NRS 375A.035 Nonresidentand nonresident decedent defined.

NRS 375A.040 Personalrepresentative defined.

NRS 375A.045 Residentand resident decedent defined.

NRS 375A.050 Taxableestate defined.

NRS 375A.055 Transferdefined.

NRS 375A.060 Transfereedefined.

 

Imposition of Tax

NRS 375A.100 Amountof tax.

NRS 375A.105 Determinationof federal credit attributable to property situated in Nevada.

 

Payments and Determinations

NRS 375A.150 Return:Personal representative required to file; time for filing; regulations.

NRS 375A.155 Return:Extension of time for filing.

NRS 375A.160 Filingof amended return; additional tax.

NRS 375A.165 Determinationof federal estate tax due: Personal representative to give notice ofdetermination; additional tax.

NRS 375A.170 Penaltyfor failure to file timely return.

NRS 375A.175 Determinationof tax upon failure to file return or upon filing of false or fraudulentreturn.

NRS 375A.180 Determinationof deficiency: Generally.

NRS 375A.185 Determinationof deficiency: Correction of erroneous determination.

NRS 375A.190 Determinationof deficiency: Notice of determination.

NRS 375A.195 Determinationof deficiency: Appeal; action for modification of tax.

NRS 375A.200 Liabilityfor tax; time for payment.

NRS 375A.205 Intereston delinquent payments.

NRS 375A.210 Paymentto be applied to interest, penalty and tax.

NRS 375A.215 Bondfor payment of tax.

NRS 375A.220 Refundof overpayment.

NRS 375A.225 Intereston overpayment.

 

Collection of Tax

NRS 375A.300 Actionto enforce claim for tax.

NRS 375A.305 Taxbecomes lien on estate of decedent; personal liability for failure to pay tax;attachment and expiration of lien.

NRS 375A.310 Warrantfor enforcement of lien; levy and sale.

NRS 375A.315 Fees,commissions and expenses for enforcement of lien.

NRS 375A.320 Writof execution for enforcement of judgment.

NRS 375A.325 Timefor commencement of proceedings for collection.

NRS 375A.330 Certificateof Department prima facie evidence in proceeding for collection.

NRS 375A.335 Actionto prevent or enjoin collection of tax barred.

NRS 375A.340 Suitsfor collection in other states authorized; suits for collection by officials ofother states authorized.

NRS 375A.345 Remediesof State cumulative; no election of remedies.

INTERSTATE COMPROMISE OF DEATH TAXES (UNIFORM ACT)

NRS 375A.400 Shorttitle.

NRS 375A.405 Statedefined.

NRS 375A.410 Compromiseof tax with personal representative where residency of decedent in dispute.

NRS 375A.415 Interstateagreement of compromise authorized; contents and filing of agreement; time forpayment of tax after filing.

NRS 375A.420 Interpretationof provisions.

INTERSTATE ARBITRATION OF DEATH TAXES (UNIFORM ACT)

NRS 375A.450 Shorttitle.

NRS 375A.455 Definitions.

NRS 375A.460 Interstateagreement for submission of controversy to board of arbitrators authorizedwhere domicile of decedent in dispute; selection of board.

NRS 375A.465 Hearingsof board.

NRS 375A.470 Powersof board relating to hearings.

NRS 375A.475 Determinationof domicile of decedent.

NRS 375A.480 Boardto act by majority vote.

NRS 375A.485 Determination,record and agreement to be filed with taxing authorities.

NRS 375A.490 Interestfor nonpayment of taxes.

NRS 375A.495 Compromiseby parties to agreement not precluded.

NRS 375A.500 Compensationand expenses of board.

NRS 375A.505 Reciprocalapplication.

NRS 375A.510 Interpretationof provisions.

DETERMINATION OF DOMICILE BY ARBITRATION: ALTERNATIVE METHOD

NRS 375A.600 Definitions.

NRS 375A.605 Boarddefined.

NRS 375A.610 Deathtax defined.

NRS 375A.615 Executordefined.

NRS 375A.620 Interestedperson defined.

NRS 375A.625 Statedefined.

NRS 375A.630 Taxingofficial defined.

NRS 375A.635 Electionto invoke provisions; notice of election; effect of executors rejection orfailure to reject election.

NRS 375A.640 Agreementof compromise authorized.

NRS 375A.645 Domicileto be determined pursuant to provisions in absence of agreement.

NRS 375A.650 Boardof arbitration to be appointed.

NRS 375A.655 Hearingsof board.

NRS 375A.660 Powersof board relating to hearings.

NRS 375A.665 Rulesof evidence applicable.

NRS 375A.670 Determinationof domicile; failure to render determination.

NRS 375A.675 Compensationand expenses of board.

NRS 375A.680 Determinationand record to be filed with taxing authorities.

NRS 375A.685 Compromiseof tax with executor and taxing officials.

NRS 375A.690 Interestand penalty for nonpayment of tax.

DISTRIBUTION OF PROCEEDS

NRS 375A.700 Depositof proceeds.

NRS 375A.705 Moneyreceived by Nevada System of Higher Education: Separate accounting; investment;expenditure.

NRS 375A.710 Committeeon the Estate Tax Account for the Endowment of the Nevada System of HigherEducation: Creation; composition; terms of members; duties.

ADMINISTRATION

NRS 375A.800 Powerof Department to adopt regulations.

NRS 375A.805 Conductof hearings by Department.

NRS 375A.810 Powersof Department relating to hearings.

NRS 375A.815 Powerof Department to issue subpoenas.

NRS 375A.820 Districtcourt may compel compliance with subpoena.

NRS 375A.825 Examinationof witnesses.

NRS 375A.830 Feesand expenses of witnesses.

NRS 375A.835 Informationand records confidential; disclosure prohibited.

NRS 375A.840 Employmentof attorney or other person by Department.

NRS 375A.845 Departmentexempt from payment of fees; undertaking not to be required.

NRS 375A.850 Copiesof chapter to be distributed by Department.

JURISDICTION OF DISTRICT COURT TO HEAR AND DETERMINE DISPUTESRELATING TO TAX

NRS 375A.880 Jurisdictionwhere decedent a resident of Nevada.

NRS 375A.885 Jurisdictionwhere decedent not a resident of Nevada.

_________

IMPOSITION, PAYMENT AND COLLECTION OF TAX

General Provisions

NRS 375A.010 Definitions. As used in NRS375A.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 meaningsascribed to them in those sections.

(Added to NRS by 1987, 2099)

NRS 375A.015 Decedentand transferor defined. Decedent ortransferor means any person by or from whom a transfer is made, and includesany testator, intestate, grantor, bargainor, vendor, assignor, donor, jointtenant or insured.

(Added to NRS by 1987, 2099)

NRS 375A.025 Federalcredit defined. Federal credit means themaximum amount of the credit against the federal estate tax for state deathtaxes allowed by 26 U.S.C. 2011, in respect to a decedents taxable estate.

(Added to NRS by 1987, 2100)

NRS 375A.030 Grossestate defined. Gross estate has themeaning ascribed to gross estate in 26 U.S.C. 2031.

(Added to NRS by 1987, 2100)

NRS 375A.035 Nonresidentand nonresident decedent defined. Nonresidentor nonresident decedent means a decedent who was domiciled outside of Nevadaat the time of his death.

(Added to NRS by 1987, 2100)

NRS 375A.040 Personalrepresentative defined. Personal representativemeans the personal representative of the decedent or, if there is no personalrepresentative appointed, qualified and acting within this state, any personwho is in actual or constructive possession of any property included in thegross estate of the decedent.

(Added to NRS by 1987, 2100)

NRS 375A.045 Residentand resident decedent defined. Resident orresident decedent means a decedent who was domiciled in Nevada at the time ofhis death.

(Added to NRS by 1987, 2100)

NRS 375A.050 Taxableestate defined. Taxable estate means thetaxable estate as defined in 26 U.S.C. 2051.

(Added to NRS by 1987, 2100)

NRS 375A.055 Transferdefined. Transfer includes the passage ofany property, or any interest therein or income therefrom, in possession orenjoyment, present or future, in trust or otherwise.

(Added to NRS by 1987, 2100)

NRS 375A.060 Transfereedefined. Transferee means any person to whoma 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

NRS 375A.100 Amountof tax. A tax is hereby imposed on thetransfer of the taxable estate of a:

1. Resident decedent in the amount of the maximumcredit allowable against the federal estate tax for the payment of state deathtaxes on all:

(a) Real and tangible personal property of thedecedent, or any interest therein, having a situs in this state at the time ofdeath; and

(b) Intangible personal property of the decedent, orany interest therein, within or outside this state or otherwise subject to thejurisdiction of this state at the time of death.

2. Nonresident decedent in the amount of the maximumcredit allowable against the federal estate tax for the payment of state deathtaxes on:

(a) All real and tangible personal property of thedecedent, or any interest therein, having a situs in this state at the time ofdeath; and

(b) If the decedent is a nonresident of the UnitedStates, all intangible personal property, or any interest therein, in this stateat the time of death, including all stock of a corporation organized under thelaws of Nevada or which has its principal place of business or does the majorpart of its business in Nevada or of a federal corporation or national bankwhich has its principal place of business or does the major part of itsbusiness in Nevada, except:

(1) Savings accounts in savings and loanassociations operating under the authority of the Division of FinancialInstitutions of the Department of Business and Industry or the Federal HomeLoan Bank; and

(2) Bank deposits, unless those deposits areheld and used in connection with a business conducted or operated, in whole orin part, in Nevada.

(Added to NRS by 1987, 27; A 1991, 152; 1993, 1578)

NRS 375A.105 Determinationof federal credit attributable to property situated in Nevada. If a decedent leaves property having a situs in thisstate, and leaves other property having a situs in another state, the portionof the federal credit which is attributable to the property having a situs inNevada 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 thepurposes of the federal estate tax.

2. The federal credit must be multiplied by thepercentage which the gross value of property having a situs in Nevada bears tothe gross value of the entire estate subject to federal estate tax.

3. The product determined pursuant to subsection 2must be the portion of the federal credit which is attributable to propertyhaving a situs in Nevada.

(Added to NRS by 1987, 2100)

Payments and Determinations

NRS 375A.150 Return:Personal representative required to file; time for filing; regulations.

1. The personal representative of every estate subjectto the tax imposed by NRS 375A.100 whois required to file a federal estate tax return shall file with the Departmenton or before the federal estate tax return is required to be filed, anydocumentation concerning the amount due which is required by the Department.

2. The Department shall adopt regulations to requiresufficient documentation of the amount due pursuant to this chapter.

(Added to NRS by 1987, 2100)

NRS 375A.155 Return:Extension of time for filing. If the personalrepresentative has obtained an extension of time for filing the federal estatetax return, the filing required by NRS375A.150 must be similarly extended until the end of the period granted inthe extension of time for the federal estate tax return. A true copy of thefederal extension must be filed with the Department.

(Added to NRS by 1987, 2101)

NRS 375A.160 Filingof amended return; additional tax. If thepersonal representative files an amended federal estate tax return, he shallimmediately file with the Department an amended return with a true copy of theamended federal estate tax return. If the personal representative is requiredto pay an additional tax under NRS375A.100 pursuant to the amended return, he shall pay that additional tax,together with any interest as provided in NRS375A.205, at the same time the amended return is filed.

(Added to NRS by 1987, 2101)

NRS 375A.165 Determinationof federal estate tax due: Personal representative to give notice ofdetermination; additional tax. Upon finaldetermination of the federal estate tax due, the personal representative shall,within 60 days after that determination, give written notice of it to theDepartment. If any additional tax is due under NRS 375A.100 by reason of thisdetermination, the personal representative shall pay the tax, together withinterest as provided in NRS 375A.205,at the same time he files the notice.

(Added to NRS by 1987, 2101)

NRS 375A.170 Penaltyfor failure to file timely return. If thereturn provided for in NRS 375A.150 isnot filed within the time specified in that section or the extension specifiedin NRS 375A.155, then the personalrepresentative shall pay, except as otherwise provided in NRS 360.232 and 360.320, and in addition to the interestprovided in NRS 375A.205, a penaltyequal to 5 percent of the tax due, as finally determined, for each month orportion of a month during which that failure to file continues, not exceeding25 percent in the aggregate, unless it is shown that there was reasonable causefor the failure to file. If a similar penalty for failure to file timely thefederal estate tax return is waived, that waiver shall be deemed to constitutereasonable cause for purposes of this section.

(Added to NRS by 1987, 2101; A 1999, 2500)

NRS 375A.175 Determinationof tax upon failure to file return or upon filing of false or fraudulentreturn. In the case of a false or fraudulentreturn or failure to file a return, the Department may determine the tax at anytime.

(Added to NRS by 1987, 2101)

NRS 375A.180 Determinationof deficiency: Generally.

1. In a case not involving a false or fraudulentreturn or failure to file a return, if the Department determines at any timeafter the tax is due, but not later than 4 years after the return is filedunless a longer period is provided by federal law, that the tax disclosed inany return required to be filed by NRS375A.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 ofthe period as may be agreed upon in writing between the Department and the personalrepresentative.

2. For purposes of this section, a return filed beforethe last day prescribed by law for filing that return must be considered asfiled on that last day.

(Added to NRS by 1987, 2101; A 1991, 1408)

NRS 375A.185 Determinationof deficiency: Correction of erroneous determination. Ifa deficiency has been determined in an erroneous amount, the Department may,within 3 years after the erroneous determination was made, set aside thedetermination or issue an amended determination in the correct amount.

(Added to NRS by 1987, 2101)

NRS 375A.190 Determinationof deficiency: Notice of determination. TheDepartment shall give notice of the deficiency determined, together with anypenalty for failure to file a return, by personal service or by mail to theperson filing the return at the address stated in the return, or, if no returnis filed, to the person liable for the tax. Copies of the notice of deficiencymay in the same manner be given to such other persons as the Department deemsadvisable.

(Added to NRS by 1987, 2102)

NRS 375A.195 Determinationof deficiency: Appeal; action for modification of tax.If it is claimed that a deficiency has been determined in an erroneousamount, any person who is liable for the tax may appeal the determination tothe Nevada Tax Commission pursuant to NRS360.245. If the person who is liable for the tax is aggrieved by thedecision of the Commission on appeal, he may, within 3 years after thedetermination was made, bring an action against the State of Nevada in thedistrict court having jurisdiction over the estate to have the tax modified inwhole or in part.

(Added to NRS by 1987, 2102; A 1999, 2500)

NRS 375A.200 Liabilityfor tax; time for payment. The tax imposed by NRS 375A.100:

1. Must be paid by the personal representative to theextent of assets subject to his control. Liability for payment of the taxcontinues until the tax is paid.

2. Is due on the date of the decedents death.

3. Is delinquent at the expiration of 9 months fromthe date on which it becomes due, if not paid within that time.

(Added to NRS by 1987, 2102)

NRS 375A.205 Intereston delinquent payments.

1. The tax imposed by NRS 375A.100 does not bear interest if itis paid before the date on which it otherwise becomes delinquent. Except asotherwise provided in NRS 360.232 and 360.320, if the tax is paid after thatdate, the tax bears interest at the rate set by the Executive Director, fromthe date it became delinquent until it is paid.

2. The Executive Director shall set and maintain therate of interest for late payments at the highest rate permissible pursuant toSection 4 of Article 10 of the Nevada Constitution.

(Added to NRS by 1987, 2102; A 1999, 2501)

NRS 375A.210 Paymentto be applied to interest, penalty and tax. Everypayment 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,

in thatorder.

(Added to NRS by 1987, 2102)

NRS 375A.215 Bondfor payment of tax.

1. If any personal representative fails to pay any taximposed by NRS 375A.100 for which heis liable before the date the tax becomes delinquent, he must, on motion of theDepartment, be required by the district court having jurisdiction over theestate to execute a bond to the State of Nevada in an amount equal to twice theamount of the tax, with such sureties as the court may approve, conditioned forthe payment of the tax, plus interest on the tax at the rate of interest set bythe Executive Director pursuant to NRS375A.205 commencing on the date the tax became delinquent, unless otherwiseprovided in NRS 360.232 or 360.320. The bond must be executed within acertain time to be fixed by the court and specified in the bond.

2. The bond must be filed in the office of the clerkof the court, and a certified copy must be immediately transmitted to theDepartment.

3. If the bond is not filed within 20 days after thedate of the filing of the order requiring it, the letters of the personalrepresentative affected must be revoked upon motion of the Department.

(Added to NRS by 1987, 2102; A 1999, 2501)

NRS 375A.220 Refundof overpayment.

1. Whenever the Department determines that anoverpayment of the tax due under NRS375A.100 has been made, the person making payment is entitled to a refundof the amount erroneously paid on presentation of proof satisfactory to theDepartment that he is entitled to a refund.

2. An application for the refund must be made to theDepartment within 1 year after the date the federal estate tax has been finallydetermined.

3. On proof satisfactory to the Department that theapplicant is entitled to a refund, the Department shall refund that amount plusinterest as provided by NRS 375A.225.

4. The amount of the refund must be paid from theEstate Tax Account in the State General Fund.

(Added to NRS by 1987, 2103)

NRS 375A.225 Intereston overpayment. Interest must be paid upon anyoverpayment of the tax due under NRS375A.100 at the rate of interest set by the Executive Director pursuant to NRS 375A.205. Except as otherwiseprovided in NRS 360.320, the interestmust be allowed from the date on which payment of the tax would have becomedelinquent, if not paid, or the date of actual payment, whichever is later, toa date preceding the date of the refund by not more than 30 days, as determinedby the Department.

(Added to NRS by 1987, 2103; A 1999, 2501)

Collection of Tax

NRS 375A.300 Actionto enforce claim for tax. The State mayenforce its claim for any tax imposed by NRS375A.100 and enforce the lien of the tax by a civil action in any court ofcompetent jurisdiction against any person liable for the tax or against anyproperty subject to the lien.

(Added to NRS by 1987, 2103)

NRS 375A.305 Taxbecomes lien on estate of decedent; personal liability for failure to pay tax;attachment and expiration of lien.

1. The tax imposed by NRS 375A.100 becomes a lien upon thegross estate of the decedent on the date of death and remains as such until thetax, interest and penalties owed to the State are paid or the lien is otherwisedischarged.

2. If the tax is not paid when due, the person who hadpossession of the property of the gross estate on the date of death of thedecedent is personally liable for the tax. If the person who is liable for thetax transfers property of the gross estate to a bona fide purchaser or holderof a security interest, the lien imposed by subsection 1 attaches at the momentof the transfer to all of the property of the person who is liable for the taxincluding property he acquires after the transfer, except the property which istransferred to a bona fide purchaser or a holder of a security interest. Thelien does not attach to any property transferred to a bona fide purchaser or aholder of a security interest but it attaches to the consideration received forthe property by the person who is liable for the tax.

3. If the lien is not extinguished or otherwisereleased or discharged, it expires 10 years after the date a determination ofdeficiency is issued if, within that period, no notice of the lien has beenrecorded or filed as provided in NRS 360.450.

4. Except as otherwise provided in this section, theprovisions of NRS 360.420 to 360.560, inclusive, apply to the lien.

(Added to NRS by 1987, 2103; A 1989, 1500)

NRS 375A.310 Warrantfor enforcement of lien; levy and sale. At anytime 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 anotice of a lien for taxes, the Department may issue a warrant for theenforcement of any liens and for the collection of any amount required to bepaid to the State. The warrant must be directed to any sheriff and has the sameeffect as a writ of execution. The warrant must be levied and sale madepursuant to it in the same manner and with the same effect as a levy of andsale pursuant to a writ of execution.

(Added to NRS by 1987, 2104)

NRS 375A.315 Fees,commissions and expenses for enforcement of lien.

1. The Department may pay or advance to the sheriffthe same fees, commissions and expenses for his services as are provided by lawfor similar services pursuant to a writ of execution. The Department, and notthe court, shall approve the fees for publication in a newspaper.

2. The fees, commissions and expenses are obligationsof the person required to pay the tax, interest or penalty and may be collectedfrom him by virtue of the warrant or in any manner provided for the collectionof the tax.

(Added to NRS by 1987, 2104)

NRS 375A.320 Writof execution for enforcement of judgment.

1. At any time after a tax imposed by NRS 375A.100 is delinquent, the Departmentmay have a writ of execution issued for the enforcement of any judgmentrendered in respect to the tax.

2. The writ must be executed against any property ofthe person liable for payment of the tax, or against any property subject tothe lien for the tax.

3. The Department must not be charged a fee for theissuance of execution of the writ.

(Added to NRS by 1987, 2104)

NRS 375A.325 Timefor commencement of proceedings for collection. Proceedingsfor the collection of any tax imposed by NRS375A.100 may be commenced at any time after the tax is due and within 10years after the time a determination of deficiency is issued.

(Added to NRS by 1987, 2104; A 1995, 1090)

NRS 375A.330 Certificateof Department prima facie evidence in proceeding for collection. In any proceeding for the enforcement of the tax imposedby NRS 375A.100, a certificate by theDepartment 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 theprovisions of this chapter in relation to the computation and determination ofthe tax.

(Added to NRS by 1987, 2104)

NRS 375A.335 Actionto prevent or enjoin collection of tax barred. Noinjunction or other legal or equitable process must issue in any suit, actionor proceeding in any court against this state or any officer of this state toprevent or enjoin the collection of any tax imposed by NRS 375A.100.

(Added to NRS by 1987, 2104)

NRS 375A.340 Suitsfor collection in other states authorized; suits for collection by officials ofother states authorized. The Department maybring suits in the courts of other states to collect taxes payable under thischapter. An official of another state which extends a like comity to this statemay sue for the collection of similar taxes in the courts of this state. Acertificate by the secretary of state of another state, under the great seal ofthat state, that an official thereof has authority to collect its estate orother transfer taxes is conclusive evidence of the authority of that officialin any suit for the collection of those taxes in any court of this state.

(Added to NRS by 1987, 2104)

NRS 375A.345 Remediesof State cumulative; no election of remedies. Theremedies of the State for the enforcement of the tax imposed by NRS 375A.100 are cumulative, and noaction taken by the Department or any other state officer or agency constitutesan election by the State or any of its officers to pursue any remedy to theexclusion 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 Shorttitle. NRS375A.400 to 375A.420, inclusive,may be cited as the Uniform Act on Interstate Compromise of Death Taxes.

(Added to NRS by 1987, 2105)

NRS 375A.405 Statedefined. As used in NRS 375A.400 to 375A.420, inclusive, unless the contextotherwise requires, state means any state, territory or possession of theUnited States, and the District of Columbia.

(Added to NRS by 1987, 2105)

NRS 375A.410 Compromiseof tax with personal representative where residency of decedent in dispute. The Department may compromise with the personalrepresentative the tax, including any interest and penalty thereon, payable onthe estate of any decedent who it is claimed was not a resident of this stateat the time of his death.

(Added to NRS by 1987, 2105)

NRS 375A.415 Interstateagreement of compromise authorized; contents and filing of agreement; time forpayment of tax after filing. If the Departmentclaims that a decedent was domiciled in this state at the time of his death andthe taxing authorities of another state or states make a like claim on behalfof their state or states, the Department may enter into a written agreement ofcompromise with the other taxing authorities and the executor or administratorthat a certain sum will be accepted in full satisfaction of any and all deathtaxes imposed by this state, including any interest to the date of filing theagreement. The agreement must also fix the amount to be accepted by the otherstates in full satisfaction of death taxes. The executor or administrator ishereby authorized to make that agreement. Either the Department or the executoror administrator shall file the agreement, or a duplicate, with the Department.The tax shall be deemed conclusively fixed as provided in the agreement. Unlessthe tax is paid within 90 days after filing the agreement, interest accruesupon the amount fixed in the agreement but the time between the decedentsdeath and the filing must not be included in computing the interest.

(Added to NRS by 1987, 2105)

NRS 375A.420 Interpretationof provisions. NRS 375A.400 to 375A.420, inclusive, must be so interpretedand construed as to effectuate its general purpose to make uniform the law ofthose states which enact them.

(Added to NRS by 1987, 2105)

INTERSTATE ARBITRATION OF DEATH TAXES (UNIFORM ACT)

NRS 375A.450 Shorttitle. NRS375A.450 to 375A.510, inclusive,may be cited as the Uniform Act on Interstate Arbitration of Death Taxes.

(Added to NRS by 1987, 2105)

NRS 375A.455 Definitions. As used in NRS375A.450 to 375A.510, inclusive,unless the context otherwise requires:

1. Board means the board of arbitrators selectedpursuant to NRS 375A.460.

2. State means any state, territory or possession ofthe United States, and the District of Columbia.

(Added to NRS by 1987, 2105)

NRS 375A.460 Interstateagreement for submission of controversy to board of arbitrators authorizedwhere domicile of decedent in dispute; selection of board. If the Department claims that a decedent was domiciled inthis state at the time of his death and the taxing authorities of another stateor states make a like claim on behalf of their state or states, the Departmentmay enter into a written agreement with the other taxing authorities and withthe executor or administrator to submit the controversy to the decision of aboard consisting of one or any uneven number of arbitrators. The executor oradministrator is hereby authorized to make the agreement. The parties to theagreement shall select the arbitrator or arbitrators.

(Added to NRS by 1987, 2105)

NRS 375A.465 Hearingsof board. The board shall hold hearings atsuch times and places as it may determine, upon reasonable notice to theparties to the agreement, all of whom are entitled to be heard, to presentevidence and to examine and cross-examine witnesses.

(Added to NRS by 1987, 2106)

NRS 375A.470 Powersof board relating to hearings. The board may administeroaths, take testimony, subpoena and require the attendance of witnesses and theproduction 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 obeya subpoena, any judge of a court of record of this state, upon application bythe board, may make an order requiring compliance with the subpoena, and thecourt may punish failure to obey the order as a contempt.

(Added to NRS by 1987, 2106)

NRS 375A.475 Determinationof domicile of decedent. The board shall, bymajority vote, determine the domicile of the decedent at the time of his death.This determination is final for purposes of imposing and collecting death taxesbut for no other purpose.

(Added to NRS by 1987, 2106)

NRS 375A.480 Boardto act by majority vote. Except as provided inNRS 375A.470 in respect of theissuance of subpoenas, all questions arising in the course of the proceedingmust be determined by majority vote of the board.

(Added to NRS by 1987, 2106)

NRS 375A.485 Determination,record and agreement to be filed with taxing authorities. The Department, the board or the executor or administratorshall file the determination of the board as to domicile, the record of theboards proceedings and the agreement or a duplicate of the agreement enteredinto pursuant to NRS 375A.460, withthe authority having jurisdiction to determine the death taxes in the statedetermined to be the domicile, and shall file copies of all of those documentswith the authorities that would have been empowered to determine the deathtaxes in each of the other states involved.

(Added to NRS by 1987, 2106)

NRS 375A.490 Interestfor nonpayment of taxes. If it is determinedby the board that the decedent died domiciled in this state, interest, ifotherwise imposed by law, for nonpayment of death taxes between the date of theagreement and of filing of the determination of the board as to domicile, mustnot exceed 12 percent per annum.

(Added to NRS by 1987, 2106)

NRS 375A.495 Compromiseby parties to agreement not precluded. Theprovisions of NRS 375A.450 to 375A.510, inclusive, do not prevent awritten compromise at any time, if otherwise lawful, by all parties to theagreement made pursuant to NRS 375A.460,fixing the amounts to be accepted by this and any other state involved in fullsatisfaction of death taxes.

(Added to NRS by 1987, 2106)

NRS 375A.500 Compensationand expenses of board. The compensation andexpenses of the members of the board and its employees may be agreed upon amongthose members and the executor or administrator, and if they cannot agree shallbe fixed by the probate court of the state determined by the board to be thedomicile of the decedent. The amounts so agreed upon or fixed shall be deemedan expense of administration and are payable by the executor or administrator.

(Added to NRS by 1987, 2106)

NRS 375A.505 Reciprocalapplication. NRS 375A.450 to 375A.510, inclusive, apply only to casesin which each of the states involved has a law identical with or substantiallysimilar to NRS 375A.450 to 375A.510, inclusive.

(Added to NRS by 1987, 2107)

NRS 375A.510 Interpretationof provisions. NRS 375A.450 to 375A.510, inclusive, must be sointerpreted and construed as to effectuate its general purpose to make uniformthe law of those states which enact them.

(Added to NRS by 1987, 2107)

DETERMINATION OF DOMICILE BY ARBITRATION: ALTERNATIVEMETHOD

NRS 375A.600 Definitions. As used in NRS375A.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 meaningsascribed to them in those sections.

(Added to NRS by 1987, 2107)

NRS 375A.605 Boarddefined. Board means a board of arbitrationappointed pursuant to NRS 375A.650.

(Added to NRS by 1987, 2107)

NRS 375A.610 Deathtax defined. Death tax means any tax leviedby a state on account of the transfer or shifting of economic benefits inproperty at death, or in contemplation thereof, or intended to take effect inpossession or enjoyment at or after death, whether denominated an inheritancetax, transfer tax, succession tax, estate tax, death duty, deathdues or otherwise.

(Added to NRS by 1987, 2107)

NRS 375A.615 Executordefined. Executor means an executor of thewill or administrator of the estate of the decedent, but does not include anancillary administrator or administrator with the will annexed if an executornamed in the will has been appointed and has qualified in another state.

(Added to NRS by 1987, 2107)

NRS 375A.620 Interestedperson defined. Interested person means anyperson who may be entitled to receive, or who has received, any property or interestwhich may be required to be considered in computing the death tax of any stateinvolved.

(Added to NRS by 1987, 2107)

NRS 375A.625 Statedefined. State means any state, territory orpossession of the United States, or the District of Columbia.

(Added to NRS by 1987, 2107)

NRS 375A.630 Taxingofficial defined. Taxing official means theDepartment or the designated taxing authority of a reciprocal state.

(Added to NRS by 1987, 2107)

NRS 375A.635 Electionto invoke provisions; notice of election; effect of executors rejection orfailure to reject election.

1. If this state and one or more other states eachclaims that it was the domicile of a decedent at his death, at any time beforethe commencement of legal action for determination of domicile within thisstate or within 60 days thereafter, any executor, or the taxing official of anysuch state, may elect to invoke the provisions of NRS 375A.600 to 375A.690, inclusive. The executor ortaxing official shall send a notice of that election by registered mail, returnreceipt requested, to the taxing official of each such state and to eachexecutor, ancillary administrator and interested person.

2. Within 40 days after the receipt of the notice ofelection, any executor may reject that election by sending a notice, byregistered mail, return receipt requested, to all persons originally requiredto be sent a notice of election. When an election has been rejected by anexecutor, no further proceedings must be had under NRS 375A.600 to 375A.690, inclusive. If the election isnot rejected within the 40-day period, the dispute as to death taxes must bedetermined solely as provided in NRS375A.600 to 375A.690, inclusive.No other proceedings to determine or assess those death taxes must thereafterbe maintained in any court of this state or any other state.

(Added to NRS by 1987, 2107)

NRS 375A.640 Agreementof compromise authorized. If an election ismade and not rejected, the Department may enter into a written agreement withthe other taxing officials involved and with the executors to accept a certainsum 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 theother states involved in the dispute.

(Added to NRS by 1987, 2108)

NRS 375A.645 Domicileto be determined pursuant to provisions in absence of agreement. If it appears that an agreement cannot be reached, asprovided in NRS 375A.640, or if 1 yearhas elapsed from the date of the election without an agreement having beenreached, the domicile of the decedent at the time of his death must bedetermined solely for the purposes of death taxes as provided in NRS 375A.600 to 375A.690, inclusive.

(Added to NRS by 1987, 2108)

NRS 375A.650 Boardof arbitration to be appointed. If only thisstate and one other state are involved, the Department and the taxing officialof the other state shall each appoint a member of a board of arbitration, andthese members shall appoint the third member of the board. If this state andmore than one other state are involved, the taxing officials thereof shallagree upon the authorities charged with the duty of administering the lawsrelating to death taxes in three states not involved in the dispute and each ofthese authorities shall appoint a member of the board of arbitration. The boardshall select one of its members as chairman.

(Added to NRS by 1987, 2108)

NRS 375A.655 Hearingsof board. The board shall hold hearings atsuch places as are deemed necessary, upon reasonable notice to the executors,ancillary administrators, all other interested persons and the taxing officialsof the states involved, all of whom are entitled to be heard.

(Added to NRS by 1987, 2108)

NRS 375A.660 Powersof board relating to hearings. The board may administeroaths, take testimony, subpoena witnesses and require their attendance, requirethe production of books, papers and documents and issue commissions to taketestimony. Subpoenas may be issued by any member of the board. Failure to obeya subpoena may be punished by any court of record in the same manner as if thesubpoena had been issued by that court.

(Added to NRS by 1987, 2108)

NRS 375A.665 Rulesof evidence applicable. Whenever practicablethe board shall apply the rules of evidence then prevailing in the federalcourts under the Federal Rules of Evidence.

(Added to NRS by 1987, 2108)

NRS 375A.670 Determinationof domicile; failure to render determination. Theboard 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 itsjudicial and administrative officials on all questions concerning the domicileof the decedent for the purpose of death taxes. If the board does not render adetermination within 1 year from the time that it is fully constituted, allauthority 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)

NRS 375A.675 Compensationand expenses of board. The reasonablecompensation and expenses of the members of the board and its employees must beagreed upon among those members, the taxing officials involved and theexecutors. If an agreement cannot be reached, compensation and expenses must bedetermined by those taxing officials or, if they cannot agree, by theappropriate probate court of the state determined to be the domicile. Thatamount must be borne by the estate and shall be deemed an expense ofadministration.

(Added to NRS by 1987, 2108)

NRS 375A.680 Determinationand record to be filed with taxing authorities. Thedetermination of the board and the record of its proceedings must be filed withthe authority having jurisdiction to assess the death tax in the statedetermined to be the domicile of the decedent and with the authorities whichwould have had jurisdiction to assess the death tax in each of the other statesinvolved if the decedent had been found to be domiciled therein.

(Added to NRS by 1987, 2109)

NRS 375A.685 Compromiseof tax with executor and taxing officials. Notwithstandingthe commencement of a legal action for determination of domicile within thisstate or the commencement of an arbitration proceeding, the Department may inany case enter into a written agreement with the other taxing officials involvedand with the executors to accept a certain sum in full payment of any deathtax, together with interest and penalties, that may be due this state at anytime before that proceeding is concluded. The agreement shall be deemed to fixthe amount to be paid the other states involved in the dispute. Upon the filingof the agreement with the Department, an assessment must be made as provided inthat agreement. The assessment finally and conclusively fixes the amount ofdeath tax due this state. If the aggregate amount payable under the agreementor under an agreement made in accordance with the provisions of NRS 375A.640 to the states involved isless than the minimum credit allowable to the estate against the federal estatetax, the executor shall also pay to this state the same percentage of thedifference between that aggregate amount and the amount of the credit as theamount payable to this state under the agreement bears to the aggregate amount.

(Added to NRS by 1987, 2109)

NRS 375A.690 Interestand penalty for nonpayment of tax. Except asotherwise provided in NRS 360.232 and 360.320, if the board determines that a decedentdies domiciled in this state, the total amount of interest and penalties for nonpaymentof the tax, between the date of the election and the final determination of theboard, must not exceed an amount determined by applying the rate of interestset by the Executive Director pursuant to NRS375A.205 to the amount of the taxes due.

(Added to NRS by 1987, 2109; A 1989, 594; 1999, 2501)

DISTRIBUTION OF PROCEEDS

NRS 375A.700 Depositof proceeds.

1. The Department shall deposit all payments receivedpursuant to NRS 375A.100 in the StateTreasury:

(a) For credit to the Estate Tax Account in the StateGeneral Fund, an amount determined by the Department as necessary to pay thecosts of administration of this chapter and to refund any overpayments of tax.

(b) For credit to the Estate Tax Account in theEndowment Fund of the Nevada System of Higher Education, 50 percent of theremainder after deducting the amount pursuant to paragraph (a).

(c) For credit to the Fund for School Improvementcreated pursuant to NRS 387.032, 50percent of the remainder after deducting the amount pursuant to paragraph (a).

2. The interest earned on the money in the Estate TaxAccount 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)

NRS 375A.705 Moneyreceived by Nevada System of Higher Education: Separate accounting; investment;expenditure.

1. All money received by the Board of Regents of theUniversity of Nevada pursuant to paragraph (b) of subsection 1 of NRS 375A.700 must be accounted forseparately in the Endowment Fund of the Nevada System of Higher Education.

2. The money in the Estate Tax Account must beinvested pursuant to the same investment policies as the other money in theEndowment Fund is invested. All interest and income earned on the money in theAccount must be credited to the Account.

3. The Board of Regents of the University of Nevadamay, upon approval by the Legislature when in regular session or by the InterimFinance Committee when the Legislature is not in regular session, expend anymoney in the Estate Tax Account.

(Added to NRS by 1987, 2110; A 1993, 398; 2003, 2621; 2005, 365)

NRS 375A.710 Committeeon the Estate Tax Account for the Endowment of the Nevada System of HigherEducation: Creation; composition; terms of members; duties.

1. There is hereby created the Committee on the EstateTax Account for the Endowment of the Nevada System of Higher Education,composed of:

(a) Two members of the Board of Regents of theUniversity of Nevada, appointed by the Chairman of the Board with the approvalof the other members.

(b) Two members who are administrators of the NevadaSystem of Higher Education, appointed by the Chancellor of the Nevada System ofHigher Education.

(c) Two members who are members of the faculty of theNevada System of Higher Education, appointed by the faculty.

(d) One member who is a student, appointed by thestudent governments of the Nevada System of Higher Education.

2. If any authority having the power to appoint a memberof the Committee ceases to exist, the Governor shall exercise that power in amanner consistent with the intent of this section.

3. The member of the Committee who is appointedpursuant to paragraph (d) of subsection 1 shall serve a term of 1 year. Allother members of the Committee shall serve terms of 3 years.

4. The Committee shall make recommendations to theBoard of Regents of the University of Nevada concerning the expenditure of themoney in the Estate Tax Account in the Endowment Fund.

(Added to NRS by 1987, 2111; A 1993, 398; 2005, 366)

ADMINISTRATION

NRS 375A.800 Powerof Department to adopt regulations. The Departmentmay adopt regulations relating to the administration and enforcement of thischapter, and may prescribe the extent, if any, to which any regulation isapplied to an estate without retroactive effect.

(Added to NRS by 1987, 2109)

NRS 375A.805 Conductof hearings by Department. The Department mayconduct a hearing at any time or place to determine whether a tax is due underthis chapter.

(Added to NRS by 1987, 2110)

NRS 375A.810 Powersof Department relating to hearings. Forpurposes of a hearing pursuant to NRS375A.805, the Department has:

1. Jurisdiction to require the attendance of anyperson who the Department may have reason to believe possesses knowledge of anyfacts 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)

NRS 375A.815 Powerof Department to issue subpoenas. TheDepartment may issue subpoenas to:

1. Compel the attendance of any person or theproduction of books and papers.

2. Determine the amount of any tax due under thischapter.

(Added to NRS by 1987, 2110)

NRS 375A.820 Districtcourt may compel compliance with subpoena. Onthe filing by the Department of a petition asking the court to do so, thedistrict court of the county in which a hearing is held may compel compliancewith any subpoena issued by the Department.

(Added to NRS by 1987, 2110)

NRS 375A.825 Examinationof witnesses. The Department may examine andtake the testimony under oath of any person at a hearing concerning the determinationof any tax due under this chapter.

(Added to NRS by 1987, 2110)

NRS 375A.830 Feesand expenses of witnesses. Any personcompelled to attend a hearing before the Department is entitled to fees forattendance in an amount to be determined by the Department and to his expensesof attendance. The fees and expenses are a part of the cost of administeringthis chapter.

(Added to NRS by 1987, 2110)

NRS 375A.835 Informationand records confidential; disclosure prohibited. Allinformation and records acquired by the Department or any of its employeespursuant to this chapter are confidential in nature, and except insofar as maybe necessary for the enforcement of this chapter or as may be permitted by thischapter, must not be disclosed.

(Added to NRS by 1987, 2110)

NRS 375A.840 Employmentof attorney or other person by Department. Wheneverthe Department is cited as a party to any proceeding or action to determine anytax imposed by this chapter, or whenever the Department deems it necessary forthe better enforcement of this chapter to secure evidence of the evasion of, orto 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 orrepresent the Department on the states behalf.

2. Incur any reasonable and necessary expense for andincident to that employment.

(Added to NRS by 1987, 2110)

NRS 375A.845 Departmentexempt from payment of fees; undertaking not to be required. The Department must not be charged a fee for filing,recording or certifying any petition, lis pendens, decree or order for takingany oath or acknowledgment, in any proceedings under this chapter. Noundertaking may be required from the Department or the State in any suchproceeding.

(Added to NRS by 1987, 2109)

NRS 375A.850 Copiesof chapter to be distributed by Department. TheDepartment shall, without charge, distribute a copy of this chapter to anyperson who requests it.

(Added to NRS by 1987, 2110)

JURISDICTION OF DISTRICT COURT TO HEAR AND DETERMINEDISPUTES RELATING TO TAX

NRS 375A.880 Jurisdictionwhere decedent a resident of Nevada. Thedistrict court which has jurisdiction in probate of the estate of any decedentshall hear and determine all questions relative to any tax imposed by thischapter, whether or not the property listed in the estate tax return, or anyportion thereof, is in the estate.

(Added to NRS by 1987, 2109)

NRS 375A.885 Jurisdictionwhere decedent not a resident of Nevada. Inthe case of a decedent who was not a resident of this state at the time of hisdeath, the district court of the county in which the decedents real propertyis situated, or, if he had no real property in this state, the district courtof the county in which any of his personal property is situated, hasjurisdiction to hear and determine all questions relative to any tax imposed bythis chapter. If the decedent leaves property in more than one county, thedistrict court of the county whose jurisdiction is first invoked has exclusivejurisdiction.

(Added to NRS by 1987, 2109)

 

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