2005 Nevada Revised Statutes - Chapter 680B — Fees and Taxes

CHAPTER 680B - FEES AND TAXES

NRS 680B.010 Fees.

NRS 680B.020 Statelicense exclusive; exception.

NRS 680B.025 Generaltax on premiums: Definitions.

NRS 680B.027 Generaltax on premiums: Rate; time for payment; prepayment; supplemental statements.

NRS 680B.030 Generaltax on premiums: Annual report by insurer.

NRS 680B.032 Generaltax on premiums: Certain insurers to file quarterly report and make quarterlypayment; overpayment of tax.

NRS 680B.033 Generaltax on premiums: Computation of tax for factory mutuals.

NRS 680B.035 Generaltax on premiums: Payments by domestic insurers.

NRS 680B.0353 Generaltax on premiums: Payments by certain risk retention groups.

NRS 680B.0355 Insurerto provide statement to insureds if portion of premium is attributable togeneral premium tax, fees or assessments under certain circumstances.

NRS 680B.036 Generaltax on premiums: Credit for policies of industrial insurance.

NRS 680B.037 Generaltax on premiums: Tax in lieu of other taxes.

NRS 680B.039 Generaltax on premiums: Penalty.

NRS 680B.0395 Generaltax on premiums: Exemption for authorized reinsurer.

NRS 680B.040 Independentlyprocured coverages: Report; tax; penalty.

NRS 680B.050 Generaltax on premiums: Credit if home office or regional home office in Nevada.

NRS 680B.055 Generaltax on premiums: Eligibility for credit where home office or regional homeoffice owned by limited partnership; proportion of ad valorem tax qualified forcredit.

NRS 680B.060 Generaltax on premiums: Collection; credit; payment under protest; deposit of taxescollected which are attributable to industrial insurance.

NRS 680B.070 Assessmentfor National Association of Insurance Commissioners.

NRS 680B.120 Refundof overpayments.

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NRS 680B.010 Fees. The Commissioner shall collect in advance and receipt for,and persons so served must pay to the Commissioner, fees and miscellaneouscharges as follows:

1. Insurers certificateof authority:

(a) Filing initialapplication....................................................................................... $2,450

(b) Issuance ofcertificate:

(1) For any one kindof insurance as defined in NRS 681A.010to 681A.080, inclusive 283

(2) For two or morekinds of insurance as so defined........................................ 578

(3) For a reinsurer.................................................................................................. 2,450

(c) Each annualcontinuation of a certificate........................................................... 2,450

(d) Reinstatement pursuantto NRS 680A.180, 50 percent of the annualcontinuation fee otherwise required.

(e) Registration ofadditional title pursuant to NRS 680A.240.................................. 50

(f) Annual renewal of theregistration of additional title pursuant to NRS 680A.240 25

2. Charter documents,other than those filed with an application for a certificate of authority.Filing amendments to articles of incorporation, charter, bylaws, power ofattorney and other constituent documents of the insurer, each document $10

3. Annual statement orreport. For filing annual statement or report.................... $25

4. Service of process:

(a) Filing of power ofattorney........................................................................................ $5

(b) Acceptance of serviceof process........................................................................... 30

5. Licenses, appointmentsand renewals for producers of insurance:

(a) Application and license......................................................................................... $125

(b) Appointment fee foreach insurer............................................................................ 15

(c) Triennial renewal ofeach license........................................................................... 125

(d) Temporary license...................................................................................................... 10

(e) Modification of anexisting license.......................................................................... 50

6. Surplus lines brokers:

(a) Application and license......................................................................................... $125

(b) Triennial renewal ofeach license........................................................................... 125

7. Managing general agents licenses, appointments andrenewals:

(a) Application and license......................................................................................... $125

(b) Appointment fee foreach insurer............................................................................ 15

(c) Triennial renewal ofeach license........................................................................... 125

8. Adjusters licenses andrenewals:

(a) Independent and publicadjusters:

(1) Application andlicense................................................................................... $125

(2) Triennialrenewal of each license..................................................................... 125

(b) Associate adjusters:

(1) Application andlicense..................................................................................... 125

(2) Triennialrenewal of each license..................................................................... 125

9. Licenses and renewalsfor appraisers of physical damage to motor vehicles:

(a) Application and license......................................................................................... $125

(b) Triennial renewal ofeach license........................................................................... 125

10. Additional title andproperty insurers pursuant to NRS 680A.240:

(a) Original registration.................................................................................................. $50

(b) Annual renewal........................................................................................................... 25

11. Insurance vendingmachines:

(a) Application andlicense, for each machine......................................................... $125

(b) Triennial renewal ofeach license........................................................................... 125

12. Permit forsolicitation for securities:

(a) Application for permit............................................................................................ $100

(b) Extension of permit..................................................................................................... 50

13. Securities salesmenfor domestic insurers:

(a) Application and license........................................................................................... $25

(b) Annual renewal of license......................................................................................... 15

14. Rating organizations:

(a) Application and license......................................................................................... $500

(b) Annual renewal......................................................................................................... 500

15. Certificates andrenewals for administrators licensed pursuant to chapter683A of NRS:

(a) Application andcertificate of registration.......................................................... $125

(b) Triennial renewal...................................................................................................... 125

16. For copies of theinsurance laws of Nevada, a fee which is not less than the cost of producingthe copies.

17. Certified copies ofcertificates of authority and licenses issued pursuant to the Code $10

18. For copies andamendments of documents on file in the Division, a reasonable charge fixed bythe Commissioner, including charges for duplicating or amending the forms andfor certifying the copies and affixing the official seal.

19. Letter of clearancefor a producer of insurance or other licensee if requested by someone otherthan the licensee $10

20. Certificate of statusas a producer of insurance or other licensee if requested by someone other thanthe licensee $10

21. Licenses, appointmentsand renewals for bail agents:

(a) Application and license......................................................................................... $125

(b) Appointment for eachsurety insurer...................................................................... 15

(c) Triennial renewal ofeach license........................................................................... 125

22. Licenses and renewalsfor bail enforcement agents:

(a) Application and license......................................................................................... $125

(b) Triennial renewal ofeach license........................................................................... 125

23. Licenses, appointmentsand renewals for general agents for bail:

(a) Application and license......................................................................................... $125

(b) Initial appointment byeach insurer......................................................................... 15

(c) Triennial renewal ofeach license........................................................................... 125

24. Licenses and renewalsfor bail solicitors:

(a) Application and license......................................................................................... $125

(b) Triennial renewal ofeach license........................................................................... 125

25. Licenses and renewalsfor title agents and escrow officers:

(a) Application and license......................................................................................... $125

(b) Triennial renewal ofeach license........................................................................... 125

(c) Appointment fee foreach title insurer..................................................................... 15

(d) Change in name orlocation of business or in association.................................. 10

26. Certificate ofauthority and renewal for a seller of prepaid funeral contracts $125

27. Licenses and renewalsfor agents for prepaid funeral contracts:

(a) Application and license......................................................................................... $125

(b) Triennial renewal ofeach license........................................................................... 125

28. Licenses, appointmentsand renewals for agents for fraternal benefit societies:

(a) Application and license......................................................................................... $125

(b) Appointment for eachinsurer.................................................................................. 15

(c) Triennial renewal ofeach license........................................................................... 125

29. Reinsuranceintermediary broker or manager:

(a) Application and license......................................................................................... $125

(b) Triennial renewal ofeach license........................................................................... 125

30. Agents for and sellersof prepaid burial contracts:

(a) Application and certificateor license.................................................................. $125

(b) Triennial renewal...................................................................................................... 125

31. Risk retention groups:

(a) Initial registration.................................................................................................... $250

(b) Each annualcontinuation of a certificate of registration................................... 250

32. Required filing offorms:

(a) For rates and policies............................................................................................... $25

(b) For riders andendorsements.................................................................................... 10

33. Viatical settlements:

(a) Provider of viaticalsettlements:

(1) Application andlicense................................................................................ $1,000

(2) Annual renewal................................................................................................ 1,000

(b) Broker of viaticalsettlements:

(1) Application andlicense..................................................................................... 500

(2) Annual renewal................................................................................................... 500

(c) Registration ofproducer of insurance acting as a viatical settlement broker. 250

34. Insurance consultants:

(a) Application and license......................................................................................... $125

(b) Triennial renewal...................................................................................................... 125

35. Licensees associationwith or appointment or sponsorship by an organization:

(a) Initial appointment,association or sponsorship, for each organization.......... $50

(b) Renewal of eachassociation or sponsorship........................................................ 50

(c) Annual renewal ofappointment............................................................................... 15

36. Purchasing groups:

(a) Initial registrationand review of an application................................................. $100

(b) Each annualcontinuation of registration............................................................. 100

(Added to NRS by 1971, 1592; A 1971, 1933; 1977, 733;1979, 1156; 1981, 1796; 1983, 824; 1985, 1818; 1987, 457, 644, 1247, 2028;1991, 1621, 2197; 1993, 608, 1906, 2381; 1995, 579; 1997, 3017, 3375; 1999, 2785; 2001, 2184; 2003, 3280; 2005, 2114, 2117)

NRS 680B.020 Statelicense exclusive; exception.

1. Notwithstanding the provisions of any general orspecial law, the possession of a license or certificate of authority issuedunder this Code shall be authorization to transact such business as indicatedin such license or certificate of authority, and shall be in lieu of alllicenses, whether for regulation or revenue, required to transact insurancebusiness within the State of Nevada; but each city, town or county may requirea license for revenue purposes only for any insurance agent, broker, analyst,adjuster or managing general agent whose principal place of business is locatedwithin such city or town, or within the county outside the cities and towns ofthe county, respectively.

2. This section shall not be modified or repealed byany law of general application enacted after January 1, 1972, unless expresslyreferred to or expressly repealed therein.

(Added to NRS by 1971, 1594)

NRS 680B.025 Generaltax on premiums: Definitions. For the purposesof NRS 680B.025 to 680B.039, inclusive:

1. Total income derived from direct premiumswritten:

(a) Does not include premiums written or considerationsreceived from life insurance policies or annuity contracts issued in connectionwith the funding of a pension, annuity or profit-sharing plan qualified orexempt pursuant to sections 401, 403, 404, 408, 457 or 501 of the United StatesInternal Revenue Code as renumbered from time to time.

(b) Does not include payments received by an insurerfrom the Secretary of Health and Human Services pursuant to a contract enteredinto pursuant to section 1876 of the Social Security Act, 42 U.S.C. 1395mm.

(c) As to title insurance, consists of the totalamount charged by the company for the sale of policies of title insurance.

2. Money accepted by a life insurer pursuant to anagreement which provides for an accumulation of money to purchase annuities atfuture dates may be considered as total income derived from direct premiumswritten either upon receipt or upon the actual application of the money to thepurchase of annuities, but any interest credited to money accumulated whileunder the latter alternative must also be included in total income derivedfrom direct premiums written, and any money taxed upon receipt, including anyinterest later credited thereto, is not subject to taxation upon the purchaseof annuities. Each life insurer shall signify on its return covering premiumsfor the calendar year 1971 or for the first calendar year it transacts businessin this State, whichever is later, its election between those two alternatives.Thereafter an insurer shall not change his election without the consent of theCommissioner. Any such money taxed as total income derived from directpremiums written is, in the event of withdrawal of the money before its actualapplication to the purchase of annuities, eligible to be included as returnpremiums pursuant to the provisions of NRS680B.030.

(Added to NRS by 1983, 712; A 1985, 1124; 1987, 1430;1991, 2028; 1993, 2817; 1999,817)

NRS 680B.027 Generaltax on premiums: Rate; time for payment; prepayment; supplemental statements.

1. Except asotherwise provided in NRS 680B.033, 680B.0353, 680B.050 and 690C.110, for the privilege oftransacting business in this State, each insurer shall pay to the Department ofTaxation a tax upon his net direct premiums and net direct considerationswritten at the rate of 3.5 percent.

2. The taxmust be paid in the manner required by NRS680B.030 and 680B.032.

3. TheCommissioner or the Executive Director of the Department of Taxation mayrequire at any time verified supplemental statements with reference to any matterpertinent to the proper assessment of the tax.

(Added to NRS by 1983, 713; A 1985, 1639; 1987, 893;1989, 1842; 1991, 2029; 1993, 1446, 1909; 1995, 486, 577, 2165; 1997, 299, 593;1999, 405, 1828, 3341; 2001, 115; 2005, 2120)

NRS 680B.030 Generaltax on premiums: Annual report by insurer.

1. Each insurer and each formerly authorized insurerwith respect to insurance transacted while an authorized insurer and propertybondsman shall, on or before March 15 of each year, or within any reasonableextension of time therefor which the Executive Director of the Department ofTaxation may for good cause have granted on or before that date, file with theDepartment of Taxation a report in such form as prescribed by the ExecutiveDirector of the Department of Taxation in cooperation with the Commissioner,showing total income derived from direct premiums written, including policy,membership and other fees and assessments, and all other considerations forinsurance, bail or annuity contracts written during the next preceding calendaryear on account of policies and contracts covering property, subjects or riskslocated, resident or to be performed in this State, with proper proportionateallocation of premiums as to such persons, property, subjects or risks in thisState insured under policies and contracts covering persons, property, subjectsor risks located or resident in more than one state, after deducting from thetotal income derived from direct premiums written:

(a) The amount of return premiums; and

(b) Dividends, savings and unabsorbed premium depositsreturned to policyholders in cash or credited to their accounts.

2. The report must be:

(a) Accompanied by a payment made payable to theDepartment of Taxation in an amount equal to all of the tax required to be paidon net direct premiums and net direct considerations written during thepreceding calendar year, less any quarterly payments made for the same periodpursuant to NRS 680B.032; and

(b) Verified by the oath or affirmation of theinsurers president, vice president, secretary, treasurer or manager.

(Added to NRS by 1971, 1594; A 1971, 1936; 1975, 463;1983, 714; 1991, 2029; 1993, 1909; 1995, 469; 1997, 298, 299)

NRS 680B.032 Generaltax on premiums: Certain insurers to file quarterly report and make quarterlypayment; overpayment of tax.

1. Each insurer which, pursuant to NRS 680B.027, paid or is required to paya tax of at least $2,000 on net direct premiums and net direct considerationswritten during the preceding calendar year, shall file a quarterly report insuch form as prescribed by the Executive Director of the Department ofTaxation. Each report must be accompanied by a payment made payable to theDepartment of Taxation in an amount equal to the tax required to be paid on netdirect premiums and net direct considerations written during the precedingcalendar quarter. Each quarterly payment is due on the last day of the lastmonth in each calendar quarter and is payable on or before the last day of themonth next succeeding the calendar quarter for which the payment is due.

2. If an overpayment of the tax imposed by NRS 680B.027 results from the paymentsmade pursuant to this section, the insurer shall apply the overpayment againsteach succeeding quarterly payment due in the current calendar year until theoverpayment has been extinguished.

(Added to NRS by 1995, 467: A 1997, 298, 299)

NRS 680B.033 Generaltax on premiums: Computation of tax for factory mutuals. Factory mutuals shall pay the tax imposed by NRS 680B.027 on all gross premiums uponpolicies on risks located in this state in force on December 31 next preceding,after deducting from the gross direct premiums dividends written and returns topolicyholders computed at the average rate on annual policies expiring duringthe preceding year, whether actually paid or applied in part payment of anyrenewal premiums.

(Added to NRS by 1983, 713; A 1991, 2030)

NRS 680B.035 Generaltax on premiums: Payments by domestic insurers. Adomestic insurer doing business in a state in which it is not licensed and towhich it does not pay a premium tax, shall report and pay the tax on thatbusiness to the State of Nevada as though that business were transacted in thisstate.

(Added to NRS by 1983, 713)

NRS 680B.0353 Generaltax on premiums: Payments by certain risk retention groups. Each risk retention group which is chartered in a stateother than this State and which is registered in this State pursuant to NRS 695E.140 to 695E.200, inclusive, shall pay the taximposed by NRS 680B.027 at a rate of 2percent.

(Added to NRS by 2005, 2114)

NRS 680B.0355 Insurerto provide statement to insureds if portion of premium is attributable togeneral premium tax, fees or assessments under certain circumstances.

1. If an insurer includes any portion of the generalpremium tax which the insurer is required to pay pursuant to NRS 680B.027 in the amount billed to itsinsureds for the premium for insurance, the insurer shall provide with eachnotice of renewal sent to its insureds a statement that a portion of thepremium is attributable to the general premium tax.

2. If an insurer includes any portion of any annualfees or assessments that it is required to pay to the State of Nevada in theamount billed to its insureds for the premium for insurance, the insurer mayprovide with each notice of renewal sent to its insureds a statement that aportion of the premium is attributable to the annual fees or assessments thatit is required to pay to the State of Nevada.

(Added to NRS by 1999, 816)

NRS 680B.036 Generaltax on premiums: Credit for policies of industrial insurance. Each insurer providing industrial insurance in this statepursuant to chapters 616A to 617, inclusive, of NRS is entitled to a creditagainst the premium tax paid pursuant to NRS680B.027 for its policies of industrial insurance in an amount equal to theassessment paid by the insurer to the Division of Industrial Relations of theDepartment of Business and Industry pursuant to NRS 232.680.

(Added to NRS by 1995, 2049)

NRS 680B.037 Generaltax on premiums: Tax in lieu of other taxes. Paymentby an insurer of the tax imposed by NRS680B.027 is in lieu of all taxes imposed by the State or any city, town or countyupon premiums or upon income of insurers and of franchise, privilege or othertaxes measured by income of the insurer.

(Added to NRS by 1983, 713)

NRS 680B.039 Generaltax on premiums: Penalty. Any insurer thatfails to file the report or pay the tax as required by NRS 680B.025 to 680B.039, inclusive, within the time forfiling and payment as provided in those sections shall in addition to any otherapplicable penalty pay a penalty of not more than 10 percent of the amount ofthe tax which is owed, as determined by the Department of Taxation, in additionto the tax, plus interest at the rate of 1.5 percent per month, or fraction ofa month, from the date on which the tax should have been paid until the date ofpayment.

(Added to NRS by 1983, 713; A 1993, 1910; 1995, 469;1997, 299)

NRS 680B.0395 Generaltax on premiums: Exemption for authorized reinsurer. Aninsurer who holds a certificate of authority as a reinsurer is exempt from therequirements of NRS 680B.025 to 680B.039, inclusive.

(Added to NRS by 1987, 644; A 1995, 470; 1997, 299)

NRS 680B.040 Independentlyprocured coverages: Report; tax; penalty.

1. Every insured in this State who procures or causesto be procured or continues or renews insurance in an unauthorized alien orforeign insurer, or any self-insurer in this State who so procures or continuesexcess loss, catastrophe or other insurance, upon a subject of insuranceresident, located or to be performed within this State, other than insuranceprocured through a surplus line broker pursuant to chapter 685A of NRS or exempted from thatchapter, shall within 30 days after the date such insurance was so procured,continued or renewed, file a written report with the Department of Taxation onforms prescribed by the Executive Director of the Department of Taxation incooperation with the Commissioner and furnished to such an insured uponrequest. The report must show:

(a) The name and address of the insured or insureds.

(b) The name and address of the insurer.

(c) The subject of the insurance.

(d) A general description of the coverage.

(e) The premium currently charged therefor.

(f) Such additional pertinent information as isreasonably requested by the Commissioner or the Executive Director of theDepartment of Taxation.

If any suchinsurance covers also a subject of insurance resident, located or to beperformed outside of this State, for the purposes of this section a proper prorata portion of the entire premium payable for all such insurance must beallocated as to the subjects of insurance resident, located or to be performedin this State.

2. Any insurance in an unauthorized insurer procuredthrough negotiations or an application in whole or in part occurring or madewithin or from within this State, or for which premiums in whole or in part areremitted directly or indirectly from within this State, shall be deemed to beinsurance procured or continued or renewed in this State within the intent ofsubsection 1.

3. For the general support of the government of thisState there is levied upon the obligation, chose in action or right representedby the premium charged or payable for such insurance a tax at the rateprescribed in NRS 680B.027. Theinsured shall withhold the amount of the tax from the amount of premium chargedby and otherwise payable to the insurer for such insurance, and within 30 daysafter the insurance was so procured, continued or renewed, and coincidentallywith the filing of the report provided for in subsection 1, the insured shallpay the amount of the tax to the State Treasurer through the Department ofTaxation.

4. If the insured fails to withhold from the premiumthe amount of tax levied in this section, the insured is liable for the amountof the tax and shall pay it to the Department of Taxation within the timestated in subsection 3.

5. If the insured fails to pay the tax imposed by thissection, the insured shall in addition to any other applicable penalty pay apenalty of not more than 10 percent of the amount of the tax which is owed, asdetermined by the Department of Taxation, in addition to the tax, plus interestat the rate of 1.5 percent per month, or fraction of a month, from the date onwhich the tax should have been paid until the date of payment.

6. The tax is collectible from the insured by civilaction brought by the Department of Taxation, and by the seizure, distraint andsale of any property of the insured situated in this State.

7. This section does not abrogate or modify any otherprovision of this Code.

8. This section does not apply to life or disabilityinsurances.

9. The provisions of this section do not prohibit theprocurement of insurance from an unauthorized alien or foreign insurer by aperson in accordance with the requirements of subsection 9 of NRS 680A.070.

10. The Department of Taxation shall report to theCommissioner concerning independently procured insurance transactions reportedto the Department of Taxation pursuant to this section.

(Added to NRS by 1971, 1596; A 1985, 599; 1987, 899;1991, 862; 1993, 1910)

NRS 680B.050 Generaltax on premiums: Credit if home office or regional home office in Nevada.

1. Except as otherwise provided in this section, adomestic or foreign insurer which owns and substantially occupies and uses anybuilding in this state as its home office or as a regional home office isentitled to the following credits against the tax otherwise imposed by NRS 680B.027:

(a) An amount equal to 50 percent of the aggregateamount of the tax as determined under NRS680B.025 to 680B.039, inclusive;and

(b) An amount equal to the full amount of ad valoremtaxes paid by the insurer during the calendar year next preceding the filing ofthe report required by NRS 680B.030,upon the home office or regional home office together with the land, asreasonably required for the convenient use of the office, upon which the homeoffice or regional home office is situated.

Thesecredits must not reduce the amount of tax payable to less than 20 percent ofthe tax otherwise payable by the insurer under NRS 680B.027.

2. As used in this section, a regional home officemeans an office of the insurer performing for an area covering two or morestates, with a minimum of 25 employees on its office staff, the supervision,underwriting, issuing and servicing of the insurance business of the insurer.

3. The insurer shall, on or before March 15 of eachyear, furnish proof to the satisfaction of the Executive Director of theDepartment of Taxation, on forms furnished by or acceptable to the ExecutiveDirector, as to its entitlement to the tax reduction provided for in thissection. A determination of the Executive Director of the Department ofTaxation pursuant to this section is not binding upon the Commissioner for thepurposes of NRS 682A.240.

4. An insurer is not entitled to the credits providedin this section unless:

(a) The insurer owned the property upon which thereduction is based for the entire year for which the reduction is claimed; and

(b) The insurer occupied at least 70 percent of theusable space in the building to transact insurance or the insurer is a generalor limited partner and occupies 100 percent of its ownership interest in thebuilding.

5. If two or more insurers under common ownership ormanagement and control jointly own in equal interest, and jointly occupy anduse such a home office or regional home office in this state for the conductand administration of their respective insurance businesses as provided in thissection, each of the insurers is entitled to the credits provided for by thissection if otherwise qualified therefor under this section.

(Added to NRS by 1971, 1597; A 1971, 1937; 1983, 715;1985, 1063; 1987, 1431; 1993, 1912; 1995, 470; 1997, 299; 1999, 768, 1829)

NRS 680B.055 Generaltax on premiums: Eligibility for credit where home office or regional homeoffice owned by limited partnership; proportion of ad valorem tax qualified forcredit.

1. For the purposes of eligibility for the creditprovided by NRS 680B.050, if aninsurer is a partner, general or limited, in a limited partnership which owns abuilding used by the insurer as its home office or a regional home office, theinsurer shall be deemed to own the building so used if:

(a) The insurers proportionate interest in the partnershipis equal to or greater than the proportion which the floor area of the buildingor portion thereof so used bears to the total floor area of the buildings onthe contiguous real property owned by the partnership at the location of thebuilding so used; or

(b) The insurers interest in the partnership is 50percent or more.

2. The ad valorem tax paid by the insurer shall bedeemed to be that proportion of the total ad valorem tax paid by thepartnership upon its contiguous real property at the location of the buildingwhich the floor area of the building so used bears to the total floor area ofthe buildings on the contiguous real property.

(Added to NRS by 1987, 1430)

NRS 680B.060 Generaltax on premiums: Collection; credit; payment under protest; deposit of taxescollected which are attributable to industrial insurance.

1. The taxes imposed under NRS 680B.027 must be collected by theDepartment of Taxation and promptly deposited with the State Treasurer forcredit to the State General Fund.

2. If the tax is not paid by the insurer on or beforethe date required for payment, the tax then becomes delinquent, and paymentthereof may be enforced by court action instituted on behalf of the State bythe Attorney General. The Attorney General may employ additional counsel in thecity where the home office of the insurer is located, subject to the approvalof compensation for such services by the State Board of Examiners. Theadministrative and substantive enforcement provisions of chapters 360 and 372of NRS apply to the enforcement of the taxes imposed under NRS 680B.027.

3. Upon the tax becoming delinquent, the ExecutiveDirector of the Department of Taxation shall notify the Commissioner, who shallsuspend or revoke the insurers certificate of authority pursuant to NRS 680A.190.

4. If a dispute arises between an insurer and theState as to the amount of tax, if any, payable, the insurer is entitled to payunder protest the tax in the amount assessed by the Department of Taxation,without waiving or otherwise affecting any right of the insurer to recover anyamount determined, through appropriate legal action taken by the insureragainst the Department of Taxation, to have been in excess of the amount of taxlawfully payable.

5. All taxes, fees, licenses, fines and chargescollected under this Code, including the general premium tax provided for underNRS 680B.027 and as increased in anyinstances pursuant to NRS 680A.330,must be promptly deposited with the State Treasurer for credit to the StateGeneral Fund.

(Added to NRS by 1971, 1598; A 1983, 716; 1993, 1912;1995, 2166; 1997, 1449; 1999,444, 1830)

NRS 680B.070 Assessmentfor National Association of Insurance Commissioners.

1. Each authorized insurer, fraternal benefit society,health maintenance organization, organization for dental care, prepaid limitedhealth service organization and motor club shall on or before March 1 of eachyear pay to the Commissioner a reasonable uniform amount, not to exceed $30, asthe Commissioner requires, to cover the assessment levied upon this state inthe same calendar year by the National Association of Insurance Commissionersto defray:

(a) The general expenses of the Association; and

(b) Reasonable and necessary travel and relatedexpenses incurred by the Commissioner and members of his staff, withoutlimitation as to number, in attending meetings of the Association and itscommittees, subcommittees, hearings and other official activities.

TheCommissioner shall give written notice of the required amount.

2. Expenses incurred for the purposes described inparagraphs (a) and (b) of subsection 1 must be paid in full and are not subjectto the limitations expressed in NRS 281.160or in the regulations of any state agency.

3. All money received by the Commissioner pursuant tosubsection 1 must be deposited in the State Treasury for credit to the NationalAssociation Account of the Division of Insurance, which is hereby created inthe State General Fund. Except as otherwise provided in subsection 2, allclaims against the Account must be paid as other claims against the State are paid.

(Added to NRS by 1971, 1598; A 1977, 810; 1979, 121;1987, 460; 1991, 1625, 1818; 1993, 572, 573, 1913; 2003, 3283)

NRS 680B.120 Refundof overpayments.

1. Any person from whom fees, charges or taxes imposedby this Code have been erroneously collected may apply for refund at any timewithin 1 year after the date such fees, charges or taxes were originallyrequired to be paid or within 30 days after the date of payment of anyadditional tax, charge or fee.

2. If the amount of taxes, charges or fees due arefound to be less than the amount paid, either by examination of the return orby allowance of a claim for overpayment filed by the payer, then uponpresentation of proper vouchers, the State Controller shall issue his warrantsupon the appropriate fund and the State Treasurer shall pay them out of themoney credited to that fund.

3. Whenever such a refund is found to be due aninsurer, the Executive Director of the Department of Taxation, in lieu ofpreparing the proper vouchers for a cash refund, may authorize the insurer tocredit the amount of the refund against the premium tax payable by it under NRS 680B.027 in the next followingcalendar year.

4. No cash refund may be made unless the amount to beso refunded is $10 or more.

5. Claims for refund pursuant to this section must besubmitted:

(a) In the case of refunds of taxes payable to theDepartment of Taxation, to the Executive Director of the Department ofTaxation.

(b) In the case of refunds of taxes, fees or chargespayable to the Commissioner, to the Commissioner.

(Added to NRS by 1971, 1600; A 1983, 717; 1993, 1913)

 

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