NRS362.120. Computation of gross yield and net proceeds; required reports. [Effective January 1, 2016, if the provisions of Senate Joint Resolution No. 15 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  The Department shall, from the statement filed pursuant to NRS 362.110 and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds from each extractive operation for the calendar year immediately preceding the year in which the statement is filed.

      2.  The computation of the gross yield must include, without limitation, any mineral extracted which, during that period, was:

      (a) Sold;

      (b) Exchanged for any thing or service;

      (c) Removed from the State in a form ready for use or sale; or

      (d) Used in a manufacturing process or in providing a service.

      3.  The computation of the net proceeds must be ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during that period, and none other:

      (a) The actual cost of extracting the mineral, which is limited to direct costs for activities performed in the State of Nevada.

      (b) The actual cost of transporting the mineral to the place or places of reduction, refining and sale.

      (c) The actual cost of reduction, refining and sale.

      (d) The actual cost of delivering the mineral.

      (e) The actual cost of maintenance and repairs of:

             (1) All machinery, equipment, apparatus and facilities used in the mine.

             (2) All milling, refining, smelting and reduction works, plants and facilities.

             (3) All facilities and equipment for transportation except those that are under the jurisdiction of the Public Utilities Commission of Nevada or the Nevada Transportation Authority.

      (f) Depreciation of the original capitalized cost of the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e). The annual depreciation charge consists of amortization of the original cost in a manner prescribed by regulation of the Nevada Tax Commission. The probable life of the property represented by the original cost must be considered in computing the depreciation charge.

      (g) All money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for employees actually engaged in mining operations within the State of Nevada.

      (h) All money paid as contributions or payments under the unemployment compensation law of the State of Nevada, as contained in chapter 612 of NRS, all money paid as contributions under the Social Security Act of the Federal Government, and all money paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes mentioned in this paragraph.

      (i) The costs of employee travel which occurs within the State of Nevada and which is directly related to mining operations within the State of Nevada.

      (j) The costs of Nevada-based corporate services relating to paragraphs (e) to (i), inclusive.

      (k) The actual cost of developmental work in or about the mine or upon a group of mines when operated as a unit, which is limited to work that is necessary to the operation of the mine or group of mines.

      (l) The costs of reclamation work in the years the reclamation work occurred, including, without limitation, costs associated with the remediation of a site.

      (m) All money paid as royalties by a lessee or sublessee of a mine or well, or by both, in determining the net proceeds of the lessee or sublessee, or both.

      4.  Royalties deducted by a lessee or sublessee constitute part of the net proceeds from mineral extraction, and the tax upon royalties must be levied against the person to whom the royalties are paid.

      5.  Each person who acquires any interest in property in the State of Nevada to engage in mineral extraction and who incurs any of the expenses mentioned in subsection 3 shall report those expenses and the recipient of any royalty to the Department on forms provided by the Department. The Department shall report annually to the Mining Oversight and Accountability Commission the expenses and deductions of each mining operation in the State of Nevada.

      6.  The several deductions mentioned in subsection 3 do not include any expenditures for salaries, or any portion of salaries, of any person not actually engaged in:

      (a) The working of the mine;

      (b) The operating of the mill, smelter or reduction works;

      (c) The operating of the facilities or equipment for transportation;

      (d) Superintending the management of any of those operations;

      (e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any of those operations; or

      (f) Nevada-based corporate services.

      7.  The following expenses are specifically excluded from any deductions from the gross yield:

      (a) The costs of employee housing.

      (b) Except as otherwise provided in paragraph (i) of subsection 3, the costs of employee travel.

      (c) The costs of severing the employment of any employees.

      (d) Any dues paid to a third-party organization or trade association to promote or advertise a product.

      (e) Expenses relating to governmental relations or to compensate a natural person or entity to influence legislative decisions.

      (f) The costs of mineral exploration.

      (g) Any federal, state or local taxes.

      8.  As used in this section, “Nevada-based corporate services” means corporate services which are performed in the State of Nevada from an office located in this State and which directly support mining operations in this State, including, without limitation, accounting functions relating to mining operations at a mine site in this State such as payroll, accounts payable, production reporting, cost reporting, state and local tax reporting and recordkeeping concerning property.

      [3:77:1927; A 1937, 139; 1939, 256; 1931 NCL § 6580]—(NRS A 1971, 926; 1973, 1294; 1975, 1676; 1979, 820; 1983, 254; 1989, 36, 1533; 1991, 146; 1997, 1990; 2001, 661; 2011, 2694, 2696; 2013, 3126, 3426, 3819, effective January 1, 2016, if the provisions of Senate Joint Resolution No. 15 (2011) are approved and ratified by the voters at the 2014 General Election)