If Federal law prohibits the taxing of gross receipts in certain circumstances, would my business still have to file a Commerce Tax Return?
Yes, all business entities are required to file a return. However, any gross revenue prohibited from taxing pursuant to the Constitution or laws of the United States or the Nevada Constitution is a deduction from gross revenue pursuant to Section 21 of Senate Bill 483.
For instance, certain state or local gross receipts taxes on aviation commerce are preempted by a federal aviation statute on taxation (49 U.S.C. Section 40116, also known as the Anti-Head Tax Act (“AHTA”)). Businesses that are under the AHTA would not include revenue from those transactions but may have other revenue that would be subject to the Commerce Tax.
Questions? Call the Nevada Department of Taxation at (866) 962-3707.
This FAQ pertains to SilverFlume Nevada's Business Portal at www.nvsilverflume.gov. The Nevada Department of Taxation partners with SilverFlume Nevada's Business Portal to simplify your Nevada Taxation registration steps.
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