APPLICATION FOR VOL DISCLOSURE
VOL
DIS-01.01
06/28/18
NAC 360.446 Assessment of penalty and interest on tax liability; appeal of assessment. (NRS
360.090, 360.300)
1. If the commission determines that the taxpayer has made a good faith effort in complying with the
requirements set forth in NAC 360.444, the department shall not assess the penalty and interest set forth
in NRS 360.300 on the entire amount of the tax liability.
2. If the commission does not consider the tax liability of a taxpayer to be voluntarily disclosed
pursuant to NAC 360.444, the department shall assess the penalty and interest set forth in NRS 360.300
on the entire amount of the tax liability.
3. A taxpayer who wishes to dispute the amount of any penalty or interest assessed by the
department pursuant to subsection 1 or 2 must file a written petition with the director within 45 days
after the taxpayer receives a bill from the department for that amount. The petition must set forth any
information that supports the dispute.
4. The commission will review any petition filed with the director pursuant to subsection 3 and
determine the amount of any tax, penalty or interest owed by the taxpayer. The commission will notify
the taxpayer of its decision by registered or certified mail, return receipt requested.
5. The taxpayer must file any additional returns and pay the amount of any tax, penalty or interest
that the commission determines is owed by the taxpayer pursuant to subsection 4 within 60 days after he
receives the notification from the commission pursuant to subsection 4.
(Added to NAC by Tax Comm’n by R079-01, eff. 9-20-2002)
NAC 360.448 Rights retained by department. (NRS 360.090) The department retains the right to:
1. Audit a taxpayer for the period being disclosed or, if the period being disclosed exceeds 8 years,
for the 8 years immediately preceding the date the application was filed pursuant to NAC 360.440; and
2. Assess any tax, penalty and interest that is owed by the taxpayer.
(Added to NAC by Tax Comm’n by R079-01, eff. 9-20-2002)
(Added to NAC by Tax Comm’n by R079-01, eff. 9-20-2002)
NAC 360.444 Circumstances under which commission will not consider tax liability as being
voluntarily disclosed. (NRS 360.090)
The commission will not consider the tax liability of a taxpayer
as being voluntarily disclosed if, after filing an application for voluntary disclosure pursuant to NAC
360.440, the taxpayer:
1. Within 90 days after the taxpayer has received a copy of the approved application, fails to file
with the department the delinquent tax returns for the tax owed for the period being disclosed or, if the
period being disclosed exceeds 8 years, for the 8 years immediately preceding the date the application
was filed pursuant to NAC 360.440;
2. Within 90 days after the taxpayer has received a copy of the approved application, fails to pay any
tax owed for the period described in subsection 1;
3. Fails to make a good faith effort to comply with the applicable provisions of chapter 360, 362,
364A, 369, 370, 372, 372A, 374, 377, 377A, or 444A of NRS, NRS 482.313, or chapter 585 or 680B of
NRS, including, without limitation, registering with the department, filing tax returns, paying any tax
liability and remitting any taxes collected; or
4. Fails to provide an accurate estimate of his tax liability in the application for voluntary disclosure
filed pursuant to NAC 360.440. The taxpayer shall be deemed to have provided an inaccurate estimate
of his tax liability if:
(a) The tax liability provided in the application for voluntary disclosure is less than the taxpayer’s
actual tax liability by 10 percent or more; and
(b) The taxpayer is unable to demonstrate to the department that he made a good faith effort to report
accurately his tax liability in the application for voluntary disclosure.
