NRS360.291. Taxpayers’ Bill of Rights.

      1.  The Legislature hereby declares that each taxpayer has the right:

      (a) To be treated by officers and employees of the Department with courtesy, fairness, uniformity, consistency and common sense.

      (b) To a prompt response from the Department to each communication from the taxpayer.

      (c) To provide the minimum documentation and other information as may reasonably be required by the Department to carry out its duties.

      (d) To written explanations of common errors, oversights and violations that taxpayers experience and instructions on how to avoid such problems.

      (e) To be notified, in writing, by the Department whenever its officer, employee or agent determines that the taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law.

      (f) To written instructions indicating how the taxpayer may petition for:

             (1) An adjustment of an assessment;

             (2) A refund or credit for overpayment of taxes, interest or penalties; or

             (3) A reduction in or the release of a bond or other form of security required to be furnished pursuant to the provisions of this title that are administered by the Department.

      (g) Except as otherwise provided in NRS 360.236 and 361.485, to recover an overpayment of taxes promptly upon the final determination of such an overpayment.

      (h) To obtain specific advice from the Department concerning taxes imposed by the State.

      (i) In any meeting with the Department, including an audit, conference, interview or hearing:

             (1) To an explanation by an officer, agent or employee of the Department that describes the procedures to be followed and the taxpayer’s rights thereunder;

             (2) To be represented by himself or herself or anyone who is otherwise authorized by law to represent the taxpayer before the Department;

             (3) To make an audio recording using the taxpayer’s own equipment and at the taxpayer’s own expense; and

             (4) To receive a copy of any document or audio recording made by or in the possession of the Department relating to the determination or collection of any tax for which the taxpayer is assessed, upon payment of the actual cost to the Department of making the copy.

      (j) To a full explanation of the Department’s authority to assess a tax or to collect delinquent taxes, including the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the Department.

      (k) To the immediate release of any lien which the Department has placed on real or personal property for the nonpayment of any tax when:

             (1) The tax is paid;

             (2) The period of limitation for collecting the tax expires;

             (3) The lien is the result of an error by the Department;

             (4) The Department determines that the taxes, interest and penalties are secured sufficiently by a lien on other property;

             (5) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties;

             (6) The release of the lien will facilitate the collection of the taxes, interest and penalties; or

             (7) The Department determines that the lien is creating an economic hardship.

      (l) To the release or reduction of a bond or other form of security required to be furnished pursuant to the provisions of this title by the Department in accordance with applicable statutes and regulations.

      (m) To be free from investigation and surveillance by an officer, agent or employee of the Department for any purpose that is not directly related to the administration of the taxes administered by the Department.

      (n) To be free from harassment and intimidation by an officer, agent or employee of the Department for any reason.

      (o) To have statutes imposing taxes and any regulations adopted pursuant thereto construed in favor of the taxpayer if those statutes or regulations are of doubtful validity or effect, unless there is a specific statutory provision that is applicable.

      2.  The provisions of this title and title 57 of NRS and NRS 244A.820, 244A.870, 482.313 and 482.315 governing the administration and collection of taxes by the Department must not be construed in such a manner as to interfere or conflict with the provisions of this section or any applicable regulations.

      3.  The provisions of this section apply to any tax administered, regulated and collected by the Department pursuant to the provisions of this title and title 57 of NRS and NRS 244A.820, 244A.870, 482.313 and 482.315 and any regulations adopted by the Department relating thereto.

      (Added to NRS by 1991, 1579; A 1997, 2595, 2600; 1999, 577, 2482; 2001, 1538; 2005, 487; 2005, 22nd Special Session, 126; 2009, 64)