Nevada § 360.510 - Notice of delinquency and demand to transmit certain assets: Issuance and effect

§ 360.510. Notice of delinquency and demand to transmit certain assets: Issuance and effect

1. If any person is delinquent in the payment of any tax or fee administered by the

Department or if a determination has been made against the person which remains unpaid,

the Department may: (a) Not later than 3 years after the payment became delinquent or the determination

became final; or (b) Not later than 6 years after the last recording of an abstract of judgment or

of a certificate constituting a lien for tax owed, give a notice of the delinquency and a demand to transmit personally or by registered

or certified mail to any person, including, without limitation, any officer or department

of this State or any political subdivision or agency of this State, who has in his

or her possession or under his or her control any credits or other personal property

belonging to the delinquent, or owing any debts to the delinquent or person against

whom a determination has been made which remains unpaid, or owing any debts to the

delinquent or that person. In the case of any state officer, department or agency, the notice must be given

to the officer, department or agency before the Department presents the claim of the

delinquent taxpayer to the State Controller. 2. A state officer, department or agency which receives such a notice may satisfy

any debt owed to it by that person before it honors the notice of the Department. 3. After receiving the demand to transmit, the person notified by the demand may not

transfer or otherwise dispose of the credits, other personal property, or debts in

his or her possession or under his or her control at the time the person received

the notice until the Department consents to a transfer or other disposition. 4. Every person notified by a demand to transmit shall, within 10 days after receipt

of the demand to transmit, inform the Department of and transmit to the Department

all such credits, other personal property or debts in his or her possession, under

his or her control or owing by that person within the time and in the manner requested

by the Department. Except as otherwise provided in subsection 5, no further notice is required to be

served to that person. 5. If the property of the delinquent taxpayer consists of a series of payments owed

to him or her, the person who owes or controls the payments shall transmit the payments

to the Department until otherwise notified by the Department. If the debt of the delinquent taxpayer is not paid within 1 year after the Department

issued the original demand to transmit, the Department shall issue another demand

to transmit to the person responsible for making the payments informing him or her

to continue to transmit payments to the Department or that his or her duty to transmit

the payments to the Department has ceased. 6. If the notice of the delinquency seeks to prevent the transfer or other disposition

of a deposit in a bank or credit union or other credits or personal property in the

possession or under the control of a bank, credit union or other depository institution,

the notice must be delivered or mailed to any branch or office of the bank, credit

union or other depository institution at which the deposit is carried or at which

the credits or personal property is held. 7. If any person notified by the notice of the delinquency makes any transfer or other

disposition of the property or debts required to be withheld or transmitted, to the

extent of the value of the property or the amount of the debts thus transferred or

paid, that person is liable to the State for any indebtedness due pursuant to this

chapter, chapter 360B, 362, 363A, 363B, 363C, 363D, 369, 370, 372, 372A, 372B, 374, 377, 377A,

377C, 377D or 444A of NRS , NRS 482.313 , 482C.230 or 482C.240 , or chapter 585 or 680B of NRS from the person with respect to whose obligation the notice was given

if solely by reason of the transfer or other disposition the State is unable to recover

the indebtedness of the person with respect to whose obligation the notice was given.