377B.110 - Mandatory provisions of ordinance imposing tax. - Nevada Statutes

377B.110  Mandatory provisions of ordinance imposing tax.  An ordinance enacted pursuant to this chapter must include provisions in substance as follows:

      1.  A provision imposing a tax upon retailers at the rate of not more than:

      (a) In a county whose population is 100,000 or more but less than 400,000, one-eighth of 1 percent; or

      (b) In all other counties, one-quarter of 1 percent,

Ê of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in the county.

      2.  Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

      3.  A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of an ordinance enacted pursuant to this chapter.

      4.  A provision stating the specific purpose for which the proceeds of the tax must be expended.

      5.  A provision that the county shall contract before the effective date of the ordinance with the Department to perform all functions incident to the administration or operation of the tax in the county.

      6.  A provision that a purchaser is entitled to a refund, in accordance with the provisions of NRS 374.635 to 374.720, inclusive, of the amount of the tax required to be paid that is attributable to the tax imposed upon the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract:

      (a) Entered into on or before the effective date of the tax or the increase in the tax; or

      (b) For the construction of an improvement to real property for which a binding bid was submitted before the effective date of the tax or the increase in the tax if the bid was afterward accepted,

Ê if, under the terms of the contract or bid, the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.

      (Added to NRS by 1997, 2397; A 2003, 2385; 2005, 1778)