Permit to defer payment of tax: Application; bond; payment of tax by electronic transfer; effect of failure to pay tax; notice of revocation; regulations.
1. A purchaser of special fuel who wishes to defer payment of the tax imposed pursuant to NRS 366.190 to the special fuel supplier until 25 days after the end of the month in which the fuel is purchased must apply for a permit to defer payment of the tax.
2. The Department may require an applicant for a permit to defer payment of the tax imposed pursuant to NRS 366.190 to provide a bond executed by him as principal, and by a corporation qualified pursuant to the laws of this state as surety, payable to this state. The bond must indemnify the Department against any deduction claimed pursuant to subsection 2 of NRS 366.540 by a special fuel supplier because of the principal’s failure to pay the tax as required by this chapter.
3. If a purchaser of special fuel:
(a) Has been issued a permit to defer the payment of the tax imposed pursuant to NRS 366.190; and
(b) Elects to defer payment of the tax,
Ęhe shall, not later than 25 days after the end of the month in which the fuel is purchased, pay the tax to the special fuel supplier by electronic transfer of money.
4. If a purchaser fails to make a payment to a special fuel supplier as required by this section, the Department may:
(a) Revoke the purchaser’s permit;
(b) If the purchaser was required to provide a bond pursuant to subsection 2, require the purchaser to increase the amount of the bond; or
(c) Take any other action to ensure that the tax imposed pursuant to NRS 366.190 is paid.
5. The Department shall notify each special fuel supplier in this state when it revokes a permit issued pursuant to this section.
6. The Department shall adopt regulations to carry out the provisions of this section.
7. As used in this section, “electronic transfer of money” means any transfer of money, other than a transaction initiated by a check, draft or other similar instrument, that is initiated through an electronic terminal, telephone, computer or magnetic tape to order, instruct or authorize a financial institution or person holding an account on behalf of a purchaser of special fuel to debit an account.
Last modified: February 27, 2006