Nev. Admin. Code § 375.180

Current through November 8, 2024

Section 375.180 - Declaration of value; claim for refund of overpayment; date for submission of claim

1. Except as otherwise provided in subsection 3, if a deed evidencing a transfer of title of real property is offered for recording to a county recorder, the county recorder shall require a declaration of value to be made, on a form prescribed by the Nevada Tax Commission, and personally signed under penalty of perjury by the grantee, the grantor or the agent of the grantee or grantor. The declaration of value:

(a) Must contain, without limitation:

(1) The name and mailing address of the grantor, the grantee and the business or natural person requesting the recording if the grantor or grantee does not request the recording;

(2) A description of the use of the property;

(3) The full amount paid or to be paid for the property; and

(4) Information concerning the possible penalties and interest that may be imposed pursuant to NRS 375.030.

(b) May contain information regarding a claim for an exemption from the tax, including, without limitation:

(1) The type of exemption claimed;

(2) A statement explaining the reason for the claim;

(3) A statement indicating whether or not the exemption is being applied to a partial interest in the property; and

(4) The sales price of the property, if that information is available.

2. The county recorder shall not accept an incomplete form except:

(a) If the transfer of title of real property is exempt from a tax imposed by chapter 375 of NRS, no value for the property need be declared on the form.

(b) If multiple parcels of real property are being transferred, at least one parcel must be listed on the form. If additional space is needed to list all the parcels of real property being transferred, the words "see attached" must be written next to the listed parcel number and an attachment that lists the number of each parcel being transferred must accompany the form.

3. If the value of the property is stated incorrectly on the declaration of value or the amount of tax is computed incorrectly, the person who pays an amount of tax which exceeds the amount due may make a claim for a refund of the amount of tax which he overpaid by completing a refund request form, which may be obtained from the office of the county recorder of the county in which the tax is paid. The form must be signed under penalty of perjury by the person entitled to the refund or his legal representative and submitted to the county recorder of the county in which the tax is paid. If the claim is unaudited, the claim must be submitted within 6 months after the date of recording pursuant to NRS 244.250. If the claim for a refund is submitted pursuant to an audit, the claim may be submitted within 3 years after the date of recording.

Nev. Admin. Code § 375.180

Tax Comm'n, Real Property Transfer Tax Ruling part No. 5, eff. 12-20-79-NAC A by Dep't of Taxation, 8-2-90; A by Tax Comm'n by R181-01, 5-13-2002; A by Dep't of Taxation by R224-03, 4-30-2004

NRS 360.090, 375.015, 375.060, 375.290