Nev. Admin. Code § 372.390

Current through June 11, 2024
Section 372.390 - Repairing and reconditioning: Generally
1. Except as otherwise provided in subsection 4 and NAC 372.420 and 372.450, repairers are retailers of parts and materials furnished in connection with repair work in which the value of the parts and materials is substantial in relation to the total charge. Those repairers who segregate on invoices and in their records the fair retail-selling price of the parts and materials from the charges for labor, installation and other service charges must collect the tax on the retail selling price of the parts and materials. If the labor and other service charges are not separately stated, the tax applies to the entire charge made to the customer.
2. The repairers are consumers of parts and materials furnished in connection with repair work in which the value of the parts and materials is insubstantial in relation to the total charge if no separate charge is made for the parts and materials. To be considered a consumer of the parts and materials used in connection with the repair services rendered, the repairer must pay the tax on the purchase and must not give a resale certificate to his or her suppliers. Even though the value of the parts and materials is insubstantial in relation to the total charge, repairers will be considered retailers, and not consumers, if a separate price is stated for the parts and materials.
3. If the method of repairing or reconditioning certain tangible personal property involves commingling property delivered to a repairer or reconditioner with similar property so that the customer received repaired or reconditioned property which may not be the identical property delivered to the repairer or reconditioner but which is exactly the same kind of property or derived from exactly the same kind of property as that so delivered, the tax applies to the amount charged by the repairer or reconditioner for the repaired or reconditioned property.
4. Except as otherwise provided in this subsection, a repairer who enters into a contract with the State or a political subdivision of the State to perform repair work on, or to maintain, property belonging to the State or political subdivision, and any subcontractor of the repairer, is the consumer of any parts and materials furnished in connection with such repair work. If such a repairer or subcontractor has obtained a permit pursuant to NRS 360.5971 or registered pursuant to NRS 360B.200, or is required to obtain a permit pursuant to NRS 360.5971 or register pursuant to NRS 360B.200 pursuant to the contract with the State or political subdivision, the provisions of subsections 1, 2 and 3, as applicable, apply to the repair work performed pursuant to the contract.
5. As used in this section, "political subdivision" means any county, city or other local government as defined in NRS 354.474.

Nev. Admin. Code § 372.390

Tax Comm'n, Combined Sales and Use Tax Ruling part No. 16, eff. 6-14-68-NAC A by R110-12, 11-1-2012; A by R174-22A, eff. 12/29/2022

NRS 360.090, 372.725, 374.725