NRS 374.353 Claim of exemption: Nonprofit organization created for religious, charitable or educational purposes; Department required to provide explanation of reasons to nonprofit organization not qualified for exemption; biennial report to Legislature by Department concerning applications for exemption.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Any nonprofit organization created for religious, charitable or educational purposes that wishes to claim an exemption pursuant to NRS 374.3305 must file an application with the Department to obtain a letter of exemption. The application must be on a form and contain such information as is required by the Department.

2. If the Department determines that the organization is created for religious, charitable or educational purposes, it shall issue a letter of exemption to the organization. The letter of exemption expires 5 years after the date on which it is issued by the Department. At least 90 days before the expiration of the letter of exemption, the Department shall notify the organization to whom the letter was issued of the date on which the letter will expire. The organization may renew its letter of exemption for an additional 5 years by filing an application for renewal with the Department. The application for renewal must be on a form and contain such information as is required by the Department.

3. If the Department determines that the organization is not created for religious, charitable or educational purposes, or otherwise does not meet the requirements to receive the exemption, the Department shall provide the organization with a full explanation outlining the reasons why the organization does not qualify for the exemption and the procedure to appeal the determination.

4. The Department shall, on or before January 15 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature a report which must include, for the immediately preceding biennium:

(a)Any processes and techniques for reviewing applications for an exemption submitted pursuant to this section;

(b)The number of applications submitted pursuant to this section;

(c)The number of applications approved;

(d)The number of applications denied;

(e)The total number of organizations that received an exemption pursuant to NRS 374.3305 ; and

(f)Any other relevant information.

5. To claim an exemption pursuant to NRS 374.3305 for the sale of tangible personal property to such an organization:

(a)The organization must give a copy of its letter of exemption to the retailer from whom the organization purchases the property; and

(b)The retailer must retain and present upon request a copy of the letter of exemption.

6. The Department shall adopt such regulations as are necessary to carry out the provisions of this section.