Nevada § 363A.130 - Payroll tax: Imposition, amount and payment; filing of return; credits

§ 363A.130. Payroll tax: Imposition, amount and payment; filing of return; credits

1. Except as otherwise provided in NRS 360.203 , there is hereby imposed an excise tax on each employer at the rate of 2 percent

of the wages, as defined in NRS 612.190 , paid by the employer during a calendar quarter with respect to employment in connection

with the business activities of the employer. 2. The tax imposed by this section: (a) Does not apply to any person or other entity or any wages this State is prohibited

from taxing under the Constitution, laws or treaties of the United States or the Nevada

Constitution. (b) Must not be deducted, in whole or in part, from any wages of persons in the employment

of the employer. 3. Each employer shall, on or before the last day of the month immediately following

each calendar quarter for which the employer is required to pay a contribution pursuant

to NRS 612.535 : (a) File with the Department a return on a form prescribed by the Department; and (b) Remit to the Department any tax due pursuant to this section for that calendar

quarter. 4. In determining the amount of the tax due pursuant to this section, an employer

is entitled to subtract from the amount calculated pursuant to subsection 1 a credit

in an amount equal to 50 percent of the amount of the commerce tax paid by the employer

pursuant to chapter 363C of NRS for the preceding taxable year. The credit may only be used for any of the 4 calendar quarters immediately following

the end of the taxable year for which the commerce tax was paid. The amount of credit used for a calendar quarter may not exceed the amount calculated

pursuant to subsection 1 for that calendar quarter. Any unused credit may not be carried forward beyond the fourth calendar quarter

immediately following the end of the taxable year for which the commerce tax was paid,

and a taxpayer is not entitled to a refund of any unused credit. 5. An employer who makes a donation of money to a scholarship organization during

the calendar quarter for which a return is filed pursuant to this section is entitled,

in accordance with NRS 363A.139 , to a credit equal to the amount authorized pursuant to NRS 363A.139 against any tax otherwise due pursuant to this section. As used in this subsection, “scholarship organization” has the meaning ascribed

to it in NRS 388D.260 .