Charging, collection, reporting and remittance of certain fees in connection with lease of passenger car by short-term lessor; deposit of money into State General Fund; exception; certain amounts excluded from calculation of fees; duties of Executive Director of Department of Taxation.
1. Upon the lease of a passenger car by a short-term lessor in this State, the short-term lessor:
(a) Shall charge and collect from the short-term lessee:
(1) A governmental services fee of 6 percent of the total amount for which the passenger car was leased, excluding the items described in subsection 7; and
(2) Any fee required pursuant to NRS 244A.810 or 244A.860; and
(b) May charge and collect from the short-term lessee a recovery surcharge not to exceed 4 percent of the total amount for which the passenger car was leased, excluding the items described in subsection 8, as reimbursement for vehicle licensing fees and taxes paid by the short-term lessor.
Ê The amount of any fee charged pursuant to this subsection must be indicated in the lease agreement.
2. The fees due from a short-term lessor to the Department of Taxation pursuant to subsection 1 are due on the last day of each calendar quarter. On or before the last day of the month following each calendar quarter, the short-term lessor shall:
(a) File with the Department of Taxation, on a form prescribed by the Department of Taxation, a report indicating the total amount of:
(1) Each of the fees collected by the short-term lessor pursuant to paragraph (a) of subsection 1 during the immediately preceding calendar quarter;
(2) Recovery surcharges, if any, collected by the short-term lessor pursuant to paragraph (b) of subsection 1 during the immediately preceding calendar quarter; and
(3) Vehicle licensing fees and taxes paid by the short-term lessor pursuant to this chapter during the immediately preceding calendar quarter.
(b) Remit to the Department of Taxation, the fees collected by the short-term lessor pursuant to paragraph (a) of subsection 1 during the immediately preceding calendar quarter.
3. Except as otherwise provided in a contract made pursuant to NRS 244A.820 or 244A.870, the Department of Taxation shall deposit all money received from short-term lessors pursuant to the provisions of this section with the State Treasurer for credit to the State General Fund.
4. To ensure compliance with this section, the Department of Taxation may audit the records of a short-term lessor.
5. The provisions of this section do not limit or affect the payment of any taxes or fees imposed pursuant to the provisions of this chapter.
6. The Department of Motor Vehicles shall, upon request, provide to the Department of Taxation any information in its records relating to a short-term lessor that the Department of Taxation considers necessary to collect the fees described in subsection 1.
7. For the purposes of charging and collecting the governmental services fee described in subparagraph (1) of paragraph (a) of subsection 1, the following items must not be included in the total amount for which the passenger car was leased:
(a) The amount of any recovery surcharge charged and collected pursuant to paragraph (b) of subsection 1;
(b) The amount of any charge for fuel used to operate the passenger car;
(c) The amount of any fee or charge for the delivery, transportation or other handling of the passenger car;
(d) The amount of any fee or charge for insurance, including, without limitation, personal accident insurance, extended coverage or insurance coverage for personal property;
(e) The amount of any charges assessed against a short-term lessee for damages for which the short-term lessee is held responsible; and
(f) The amount of any fee charged and collected pursuant to subparagraph (2) of paragraph (a) of subsection 1.
8. For the purposes of charging and collecting the recovery surcharge described in paragraph (b) of subsection 1, the following items must not be included in the total amount for which the passenger car was leased:
(a) The amount of the fees charged and collected pursuant to paragraph (a) of subsection 1;
(b) The amount of any charge for a collision damage waiver or a similar instrument that acts as a waiver of the short-term lessor’s right to collect from the short-term lessee for any damage to the passenger car;
(c) The amount of any charge for fuel used to operate the passenger car;
(d) The amount of any fee or charge for the delivery, transportation or other handling of the passenger car;
(e) The amount of any fee or charge for insurance, including, without limitation, personal accident insurance, extended coverage or insurance coverage for personal property;
(f) The amount of any charges assessed against a short-term lessee for damages for which the short-term lessee is held responsible; and
(g) The amount of any concession fee or charge that the short-term lessor:
(1) Is required to pay to do business at an airport, if applicable; and
(2) Passes on to the short-term lessee of the passenger car.
9. The Executive Director of the Department of Taxation shall:
(a) Adopt such regulations as he determines are necessary to carry out the provisions of this section; and
(b) Upon the request of the Director of the Department of Motor Vehicles, provide to the Director of the Department of Motor Vehicles a copy of any record or report described in this section.
10. As used in this section, “vehicle licensing fees and taxes” means:
(a) The fees paid by a short-term lessor for the registration of, and the issuance of certificates of title for, the passenger cars leased by him; and
(b) The basic and supplemental governmental services taxes paid by the short-term lessor with regard to those passenger cars.
Last modified: February 25, 2006