Nevada Revised Statutes (Last Updated: December 24, 2014) |
TITLE32 REVENUE AND TAXATION |
CHAPTER360B. Sales and Use Tax Administration |
STREAMLINED SALES AND USE TAX AGREEMENT |
Construction of Common Terms |
NRS360B.480. “Sales price” construed.
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1. “Sales price” means the total amount of consideration, including cash, credit, property and services, for which personal property is sold, leased or rented, valued in money, whether received in money or otherwise, and without any deduction for:
(a) The seller’s cost of the property sold;
(b) The cost of materials used, labor or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, and any other expense of the seller;
(c) Any charges by the seller for any services necessary to complete the sale, including any delivery charges which are not stated separately pursuant to subsection 1 of NRS 360B.290 and excluding any installation charges which are stated separately pursuant to subsection 2 of NRS 360B.290; and
(d) Except as otherwise provided in subsection 2, any credit for any trade-in.
2. The term does not include:
(a) Any delivery charges which are stated separately pursuant to subsection 1 of NRS 360B.290;
(b) Any installation charges which are stated separately pursuant to subsection 2 of NRS 360B.290;
(c) Any credit for any trade-in which is:
(1) Specifically exempted from the sales price pursuant to chapter 372 or 374 of NRS; and
(2) Stated separately pursuant to subsection 2 of NRS 360B.290;
(d) Any discounts, including those in the form of cash, term or coupons that are not reimbursed by a third party, which are allowed by a seller and taken by the purchaser on a sale;
(e) Any interest, financing and carrying charges from credit extended on the sale of personal property, if stated separately pursuant to subsection 2 of NRS 360B.290;
(f) Any taxes legally imposed directly on the consumer which are stated separately pursuant to subsection 2 of NRS 360B.290; and
(g) The complimentary portion of any food, meals or nonalcoholic drinks provided on a complimentary basis, in whole or in part, to the employees, patrons or guests of a retailer.
3. The term includes consideration received by a seller from a third party if:
(a) The seller actually receives consideration from a person other than the purchaser and the consideration is directly related to a price reduction or discount on the sale;
(b) The seller has an obligation to pass the price reduction or discount through to the purchaser;
(c) The amount of the consideration attributable to the sale is fixed and determinable by the seller at the time of the sale of the item to the purchaser; and
(d) Any of the following criteria is satisfied:
(1) The purchaser presents a coupon, certificate or other documentation to the seller to claim a price reduction or discount, and the coupon, certificate or other documentation is authorized, distributed or granted by a third party with the understanding that the third party will reimburse any seller to whom the coupon, certificate or other documentation is presented.
(2) The purchaser identifies himself or herself to the seller as a member of a group or organization entitled to a price reduction or discount. For the purposes of this subparagraph, a preferred customer card that is available to any patron does not constitute membership in such a group.
(3) The price reduction or discount is identified as a third-party price reduction or discount on the invoice received by the purchaser or on a coupon, certificate or other documentation presented by the purchaser.
(Added to NRS by 2005, 1771; A 2007, 2308; 2009, 586; 2011, 2754; 2013, 3734)