Existing law provides for the imposition of an excise tax at a rate of 9 percent of the admission charge on admission to certain facilities where live entertainment is provided. (NRS 368A.200) Existing law additionally provides that such a tax must be collected from the purchaser at the time of purchase, whether or not the admission is purchased for resale. (NRS 368A.200) Section 6 of this bill requires the excise tax imposed on admission to live entertainment events to also be imposed on each resale of admission by a reseller, other than an occasional sale. Section 6 requires a reseller to retain certain records and to provide a credit to a purchaser on the amount of tax owed on the resale of an admission based on the amount of tax paid by the reseller at the time of the initial purchase of the admission. Section 3.3 of this bill requires a person who directly or indirectly facilitates resales of admission to certain facilities where live entertainment is provided to collect and remit the tax if, in the immediately preceding calendar year or the current calendar year, the facilitator had more than $100,000 of gross receipts from certain transactions or made or facilitated 200 or more sales transactions, on its own behalf or on behalf of a reseller, unless the facilitator enters into an agreement with a reseller whereby the reseller agrees to assume responsibility for the collection and imposition of the tax. Section 3.5 of this bill provides that such a facilitator is not liable for the payment of the tax under certain circumstances. Section 3.7 of this bill authorizes the Department of Taxation to adopt regulations requiring certain persons who receive a fee in exchange for listing or advertising resales of admission to certain facilities where live entertainment is provided for a reseller but who do not collect money or other consideration from a customer to impose, collect and remit the tax if 200 or more sales transactions result from referrals made by the person or the cumulative gross receipts of sales resulting from such referrals exceed $100,000. Sections 1.3-3 and 5 of this bill define certain terms relevant to the tax on admission to live entertainment events. Section 4 of this bill makes a conforming change to make these definitions applicable to this tax.

Statutes affected:
As Introduced: 368A.010, 368A.110, 368A.200
Reprint 1: 368A.010, 368A.110, 368A.200
BDR: 368A.010, 368A.110, 368A.200