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.
Notes
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
