NAC360.440. Application for voluntary disclosure.

     1. If a taxpayer fails to file a return as required by the applicable provisions of chapter 360, 362, 369, 370, 372, 372A, 374, 377, 377A or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS and he or she wishes to disclose that fact voluntarily to the Commission, the taxpayer or the taxpayer’s representative must file with the Department an application for voluntary disclosure on a form prescribed by the Commission before the Department has initiated an audit or investigation of the taxpayer.

     2. The Commission will not accept an application filed pursuant to subsection 1 until the application has been approved and signed by the Director. The Director shall not approve and sign the application until he or she has verified that the Department did not initiate an audit or investigation of the taxpayer before the date that the taxpayer filed an application with the Department pursuant to subsection 1. An application is deemed to be filed with the Department on the date the application is received by the Department.

     3. After the Director has signed and approved the application, the Commission will provide the taxpayer with a copy of the approved application.

     4. For the purposes of subsection 2, the Department has initiated an audit or investigation of a taxpayer if the Department has:

     (a) Contacted the taxpayer by telephone, in person or in writing regarding a possible tax liability; or

     (b) Given the taxpayer written notice that an audit will be conducted by the Department concerning liability for the type of tax that the taxpayer wishes to disclose voluntarily pursuant to this section.

     (Added to NAC by Tax Comm’n by R079-01, eff. 9-20-2002; A by R110-12, 11-1-2012)