Nev. Admin. Code § 372.730

Current through December 12, 2024

Section 372.730 - Resale certificates

1. The Commission, pursuant to NRS 372.165, 372.235, 374.170 and 374.240 and chapter 377 of NRS, prescribes for use as a resale certificate:

(a) The following general form:

I hereby certify that I hold valid seller's permit number .......... issued pursuant to chapters 372, 374 and 377 of the Nevada Revised Statutes; that I am engaged in the business of selling ..........; and that the tangible personal property described in the second paragraph of this certificate, which I purchase from: ................................, will be resold by me in the form of tangible personal property. I further certify that in the event any of the property is used for any purpose other than retention, demonstration or display while I am holding it for sale in the regular course of business, it is understood that I am required by chapters 372, 374 and 377 of the Nevada Revised Statutes to report it and pay the tax measured by the purchase price of the property.

Description of the property to be purchased:

..................................................................................................................................................

Purchaser....................................................................

Address

...................................................................................

Signature of Authorized Purchaser

Dated: .......... (day) of ............ (month) of ........ (year)

at.....................................................

(b) Any form which:

(1) Indicates that property is to be purchased for resale; and

(2) The Department determines:

(I) Satisfies the requirements of the Streamlined Sales and Use Tax Agreement; and

(II) Is suitable for this State.

(c) The form set forth in NAC 372.640, if applicable.

2. For the purposes of using a form prescribed pursuant to paragraph (a) of subsection 1:

(a) For the description of the property to be purchased there may appear either:

(1) An itemized list of the property to be purchased for resale; or

(2) A general description of the kind of property to be purchased for resale.

(b) If the seller is not required to hold a permit because he or she sells only property of a kind the sale of which is exempt from the tax, or because he or she makes no sales in this State, the seller should make an appropriate notation to that effect on the certificate in the space designated for the seller's permit number.

3. For the purposes of NRS 372.155, 372.170, 372.225, 374.160, 374.175 and 374.230 and chapter 377 of NRS, a seller shall be deemed to have received a resale certificate from a purchaser if:

(a) Not later than 90 days after the date of the pertinent sale, the seller obtains from the purchaser:

(1) A fully completed resale certificate; or

(2) The information required to complete fully a resale certificate; or

(b) Not later than 120 days after receiving a request for substantiation from the Department, the seller obtains from the purchaser a fully completed resale certificate.

4. A resale certificate need not be provided in a paper format. If provided in a paper format, the document must be signed by the purchaser.

5. A separate resale certificate need not be taken for each sale. The Commission will recognize blanket certificates if given in advance to cover all orders except those orders which specify otherwise. A resale certificate in the form prescribed pursuant to paragraph (a) of subsection 1 which contains a general description of the kind of property to be purchased for resale is valid as a blanket certificate until it is revoked in writing.

6. A fully completed resale certificate or the information required to complete fully a resale certificate must be maintained in the taxpayer's file and provided to the Department upon request.

Nev. Admin. Code § 372.730

Tax Comm'n, Combined Sales and Use Tax Ruling part No. 50, eff. 3-1-68-NAC A by Dep't of Taxation, 9-19-90; A by Tax Comm'n by R106-09, 11-25-2009

NRS 360.090, 360.200, 360B.110, 372.725, 374.725