Sections 24 and 33 of this bill impose a tax on a retail sale in this State of specified digital products electronically transferred to a person and on the use of specified digital products electronically transferred to a person in a transaction in this State for which the tax was not collected at the time of sale. Section 23 of this bill establishes requirements for determining the place where a sale of specified digital products takes place for the purpose of the tax. Under sections 24 and 33, the rate of the tax is the same as the sales and use tax rate imposed in the county in which the sale of the specified digital products takes place, as determined pursuant to section 23. Under section 100 of this bill, the requirement to impose, collect and remit the tax is imposed on a retailer who does not maintain a place of business in this State if, in the immediately preceding calendar year or the current calendar year, the retailer had more than $100,000 of gross revenue from certain transactions that took place in this State or 200 or more such transactions that took place in this State. Sections 2-22, 25-32, 34-99 and 101-127 of this bill provide for the administration, collection and enforcement of the tax in the same manner as the sales and use tax. Section 94 requires a person who directly or indirectly facilitates retail sales of specified digital products 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 made to customers in this State or made or facilitated 200 or more transactions, on its own behalf or on behalf of a seller, unless the facilitator enters into an agreement with a seller whereby the seller agrees to assume responsibility for the collection and imposition of the tax. Section 95 provides that such a facilitator is not liable for the payment of the tax under certain circumstances. Section 96 requires certain persons who receive a fee in exchange for listing or advertising a product for a seller but do not collect money or other consideration from a customer to impose, collect and remit the tax if 200 or more retail sales to customers in this State result from referrals made by the person or the cumulative gross receipts of sales resulting from such referrals exceed $100,000, unless the person complies with certain notice requirements and makes a monthly report to the Department of Taxation. Existing law imposes an annual commerce tax on each business entity whose Nevada gross revenue in a fiscal year exceeds $4,000,000, with the rate of commerce tax based on the industry in which the business entity is primarily engaged. (NRS 363C.200, 363C.300-363C.560) Section 128 of this bill decreases the Nevada gross revenue threshold at which the commerce tax is imposed upon a business entity from $4,000,000 earned in a fiscal year to $3,500,000 earned in a fiscal year. Sections 129-155 of this bill make conforming changes to reflect the decrease in the Nevada gross revenue threshold from $4,000,000 to $3,500,000 for the purpose of calculating the rate of the commerce tax for certain industries in which a business entity is primarily engaged. Existing law provides for the imposition of an excise tax on admission to certain facilities where live entertainment is provided. (Chapter 368A of NRS) Existing law exempts from the excise tax an athletic contest, event or exhibition conducted by a professional team based in this State and in which the team participates. (NRS 368A.200) Section 156 of this bill eliminates the exemption from the excise tax on live entertainment for such athletic contests, events or exhibitions. Section 160 of this bill establishes July 1, 2025, as the effective date of the provisions of this bill relating to commerce tax and the live entertainment tax, and establishes January 1, 2026, as the effective date of the provisions of this bill relating to the imposition of a tax on the retail sale of specified digital goods.

Statutes affected:
As Introduced: 360.261, 360.2937, 360.300, 360.417, 360.510, 360B.030, 360B.063, 360B.080, 360B.320, 363C.200, 363C.300, 363C.310, 363C.320, 363C.330, 363C.340, 363C.350, 363C.360, 363C.370, 363C.380, 363C.390, 363C.400, 363C.410, 363C.420, 363C.430, 363C.440, 363C.450, 363C.460, 363C.470, 363C.480, 363C.490, 363C.500, 363C.510, 363C.520, 363C.530, 363C.540, 363C.550, 363C.560, 368A.200, 360B.483
BDR: 360.261, 360.2937, 360.300, 360.417, 360.510, 360B.030, 360B.063, 360B.080, 360B.320, 363C.200, 363C.300, 363C.310, 363C.320, 363C.330, 363C.340, 363C.350, 363C.360, 363C.370, 363C.380, 363C.390, 363C.400, 363C.410, 363C.420, 363C.430, 363C.440, 363C.450, 363C.460, 363C.470, 363C.480, 363C.490, 363C.500, 363C.510, 363C.520, 363C.530, 363C.540, 363C.550, 363C.560, 368A.200, 360B.483