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For nonprofit organizations in Nevada, obtaining a sales and use tax exemption can be a significant financial relief, enabling them to direct more funds toward their core missions. The Nevada Department of Taxation provides a specific form for this purpose, known as the NV Exemption form. Designed for religious, charitable, and educational organizations, this application allows eligible entities to apply for an exemption in accordance with Nevada Revised Statutes (NRS) 372.3261, NRS 372.348, and NAC 372.700. Applicants must furnish essential details, such as the organization's name, contact information, and a description of its primary functions. It is crucial to demonstrate compliance with the statutory requirements, which differ from federal guidelines like those for 501(c)(3) exemptions. To substantiate their application, organizations need to attach various documents, including bylaws, financial statements, and details about their operations. Furthermore, the process involves a thorough review of the application, ensuring that only complete submissions are considered. Upon approval, organizations receive a letter of exemption valid for five years, with a renewal process in place to maintain their tax-exempt status. We will delve deeper into the specifics of this form, its requirements, and how organizations can effectively navigate the application process.

Nv Exemption Example

NEW

RENEWAL NEVADA DEPT OF TAXATION

APPLICATION FOR SALES/USE TAX EXEMPTION FOR RELIGIOUS/CHARITABLE/EDUCATIONAL ORGANIZATIONS

I hereby apply to the Department of Taxation for exemption from sales/use tax as provided in NRS 372.3261, NRS 372.348, NAC 372.700 and related statutes.

SECTION 1

Name of Organization

 

Telephone Number

 

 

 

 

Physical Address (Street)

 

 

 

 

 

 

 

City

State

Zip Code

 

 

 

 

Mailing Address (Street or PO Box)

 

 

 

 

 

 

 

City

State

Zip Code

 

 

 

 

Contact Name

Daytime Phone

 

Fax Number

 

 

 

 

SECTION 2

Brief description of the primary function of your organization and how your primary function meets the qualifications of NRS 372.3261 (use reverse side if necessary).

To substantiate this application, please provide the following documents. Please note only complete applications will be reviewed.

Bylaws

Articles of Incorporation

Current Financial Statements (12 month period), showing source of revenues and expenditures (show where the funds come from & how they are used)

Letters of Exemption issued by the Internal Revenue Service

Other relevant information, such as pamphlets, brochures or fact sheets

If the application is for a charitable organization, an outline of charitable activities, fund raisers, goals and a copy of the business plan must be attached.

If your organization performs volunteer work, please provide a list of voluntary activities (over the most recent 12 month period) along with the number of voluntary hours devoted to these activities.

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SALES TAX EXEMPTION APPLICATION

 

APP-02.01

 

Revised 04-04-13

SECTION 3 I have read NRS 372.3261 and deem my organization to be: (check appropriate box)

Note: The statutory requirements for a Nevada sales/use tax exemption are different than those of a Federal tax exemption (501 C).

NRS 372.3261 Requirements for organization created for religious, charitable or educational purposes.

1.For the purposes of NRS 372.326, an organization is created for religious, charitable or educational purposes if it complies with the provisions of this section.

2. Religious. An organization is created for religious purposes if:

(a)It complies with the requirements set forth in subsection 5; and

(b)The sole or primary purpose of the organization is the operation of a church, synagogue or other place of religious worship at which nonprofit religious services and activities are regularly conducted. Such an organization includes, without limitation, an integrated auxiliary or affiliate of the organization, men’s, women’s or youth groups established by the organization, a school or mission society operated by the organization, an organization of local units of a church and a convention or association of churches.

3. Charitable. An organization is created for charitable purposes if:

(a)It complies with the requirements set forth in subsection 5;

(b)The sole or primary purpose of the organization is to:

(1)Advance a public purpose, donate or render gratuitously or at a reduced rate a substantial portion of its services to the persons who are the subjects of its charitable services, and benefit a substantial and indefinite class of persons who are the legitimate subjects of charity;

(2)Provide services that are otherwise required to be provided by a local government, this state or the Federal Government; or

(3)Operate a hospital or medical facility licensed pursuant to chapter 449 or 450 of NRS; and

(c)The organization is operating in this state.

4. Educational. An organization is created for educational purposes if:

(a)It complies with the requirements set forth in subsection 5; and

(b)The sole or primary purpose of the organization is to:

(1)Provide athletic, cultural or social activities for children;

(2)Provide displays or performances of the visual or performing arts to members of the general public;

(3)Provide instruction and disseminate information on subjects beneficial to the community;

(4)Operate a school, college or university located in this state that conducts regular classes and provides courses of study required for accreditation or licensing by the State Board of Education or the Commission on Postsecondary Education, or for membership in the Northwest Association of Schools and of Colleges and Universities;

(5)Serve as a local or state apprenticeship committee to advance programs of apprenticeship in this state; or

(6)Sponsor programs of apprenticeship in this state through a trust created pursuant to 29 U.S.C. § 186.

SECTION 3A

5. I further deem that my organization meets the requirements of NRS 372.3261 (5) as follows: In addition to the requirements set forth in subsection 2, 3 or 4, an organization is created for religious, charitable or educational purposes if:

(a)No part of the net earnings of any such organization inures to the benefit of a private shareholder, individual or entity;

(b)The business of the organization is not conducted for profit;

(c)No substantial part of the business of the organization is devoted to the advocacy of any political principle or the defeat or passage of any state or federal legislation;

(d)The organization does not participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office; and

(e)Any property sold to the organization for which an exemption is claimed is used by the organization in this state in furtherance of the religious, charitable or educational purposes of the organization.

(Added to NRS by 1995, 1437; A 1999, 965; 2003, 1283)

I CERTIFY THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE, CORRECT AND COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF.

Signature of Responsible Individual

Date

Please type or print name

Title

In accordance with statute, the Department may require further information prior to acting upon this application. If additional information is deemed necessary, the applicant will be contacted by the Department.

Submit this application to:

Nevada Department of Taxation

1550 College Parkway # 115

Carson City NV 89706-7921

Telephone (775) 684-2000

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NEVADA DEPARTMENT OF TAXATION

 

 

NRS 372.348 & NAC 372.700

 

n

REQUIREMENTS FOR ORGANIZATION CREATED FOR

 

 

RELIGIOUS, CHARITABLE OR EDUCATIONAL PURPOSES.

 

 

NRS 372.348 Claim of exemption: Nonprofit organization created for religious, charitable or educational purposes.

1.Any nonprofit organization created for religious, charitable or educational purposes that wishes to claim an exemption pursuant to NRS 372.326, must file an application with the Department to obtain a letter of exemption. The application must be on a form and contain such information as is required by the Department.

2.If the Department determines that the organization is created for religious, charitable or educational purposes, it shall issue a letter of exemption to the organization. The letter of exemption expires 5 years after the date on which it is issued by the Department. At least 90 days before the expiration of the letter of exemption, the Department shall notify the organization to whom the letter was issued of the date on which the letter will expire. The organization may renew its letter of exemption for an additional 5 years by filing an application for renewal with the Department. The application for renewal must be on a form and contain such information as is required by the Department.

3.To claim an exemption pursuant to NRS 372.326 for the sale of tangible personal property to such an organization:

(a)The organization must give a copy of its letter of exemption to the retailer from whom the organization purchases the property; and

(b)The retailer must retain and present upon request a copy of the letter of exemption.

4.The Department shall adopt such regulations as are necessary to carry out the provisions of this section.

(Added to NRS by 1995, 1438)—(Substituted in revision for NRS 372.343) See also NRS 372.326

NAC 372.700 Charitable, Religious or Educational Organizations: Letters of Exemption

1.An organization requesting exempt status must submit to the department an application on a form prescribed by the department and copies of:

(a)Its bylaws;

(b)Its articles of incorporation;

(c)Financial information which provides verifiable sources of income and expenditures, which may include, without limitation, financial statements and independent audit reports;

(d)Letters of exemption issued to it by any governmental agency;

(e)If the application is for a charitable organization, an outline of its charitable activities, fund raisers and goals, and a copy of its business or strategic plan must be attached; and

(f)Any other information which the department deems relevant.

2.Upon approval of an application, the department will issue a letter of exemption. The letter is not transferable. The organization must notify the department of changes to the name, address, telephone number or responsible person of the organization. Each organization must apply for the renewal of its letter of exemption every 5 years. The department will mail a renewal application to the last known address of the organization at least 90 days before the expiration of the letter of exemption. Failure to receive a renewal application does not extend the validity of the exemption beyond the 5 years.

3.The department may deny an application for exemption if it finds that:

(a)The organization has failed to submit sufficient information on which to grant an exemption; or

(b)The organization does not meet the standards for exemption.

4.The department may withdraw the letter of exemption issued to any organization if the department finds that:

(a)The organization is no longer engaged in charitable, religious or educational pursuits;

(b)The organization has ceased to comply with the standards for exemption; or

(c)The application contained false or misleading information.

5.A charitable, religious or educational organization may petition the commission for reconsideration of any action by the department denying or withdrawing a letter of exemption. Upon reconsideration, the commission may grant or reissue the letter of exemption if the organization has presented satisfactory evidence that it complies with the standards for exemption.

6.As used in this section, "standards for exemption" means the criteria set out in this section and NRS 372.326 and 372.3261.

[Tax Comm'n, Combined Sales and Use Tax Ruling part No. 78, eff. 9-17-80]-(NAC A by 8084-97, 11-26-97; 8181-99, 5-16-2000)

Underlining/bolding has been added for emphasis.

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Form Characteristics

Fact Name Details
Purpose The form is used to apply for a sales/use tax exemption for organizations that are religious, charitable, or educational.
Governing Laws The application follows the guidelines set forth in NRS 372.3261, NRS 372.348, and NAC 372.700.
Eligibility To be eligible, organizations must primarily operate for religious, charitable, or educational purposes as defined by the statutes.
Renewal Period A letter of exemption lasts for five years. Organizations must renew to maintain their exemption status.
Documentation Required Organizations need to submit bylaws, articles of incorporation, financial statements, and possibly letters of exemption from the IRS.
Application Review The Department of Taxation reviews only complete applications. Missing information can delay the review process.
Contact Information Applications should be submitted to the Nevada Department of Taxation, and inquiries can be made at (775) 684-2000.

Guidelines on Utilizing Nv Exemption

To apply for a sales/use tax exemption in Nevada, follow the outlined steps to ensure the form is filled out correctly. Completing the application accurately will facilitate its review by the Nevada Department of Taxation. Make sure you have all necessary documents prepared before starting the application.

  1. Obtain the Form: Access the Nevada Department of Taxation website or contact their office to get the latest version of the Nv Exemption form.
  2. Fill Out Section 1: Provide the name of your organization, telephone number, physical address, mailing address, and contact information.
  3. Complete Section 2: Offer a brief description of your organization’s primary function and how it qualifies for the exemption. Be specific and detailed.
  4. Gather Required Documents: Prepare and attach necessary documents, including bylaws, articles of incorporation, financial statements, IRS exemption letters, brochures, and any specific information for charitable organizations.
  5. Indicate Type of Organization: In Section 3, check the appropriate box to categorize your organization as religious, charitable, or educational based on NRS 372.3261.
  6. Affirm Compliance: In Section 3A, confirm that your organization meets the statutory requirements for exemption.
  7. Sign the Application: The responsible individual must sign and date the application, certifying that all information is accurate.
  8. Submit the Application: Send the completed form and all required documents to the Nevada Department of Taxation at the specified address in Carson City.

Following these steps will streamline your application process. Ensure each section is filled out completely and accurately to avoid delays in processing.

What You Should Know About This Form

What is the NV Exemption form?

The NV Exemption form is an application that organizations must complete to request exemption from sales and use tax in the state of Nevada. This exemption is available for nonprofit organizations that operate for religious, charitable, or educational purposes as outlined by Nevada law. The application must be submitted to the Nevada Department of Taxation for review and approval.

Who is eligible to apply for a sales/use tax exemption?

Organizations that are structured as nonprofit entities and whose primary purposes align with religious, charitable, or educational goals can apply for this exemption. This includes various types of organizations, such as churches, charities, schools, and educational programs that meet specific criteria established by Nevada Revised Statutes (NRS) 372.3261.

What documents are required when applying for the exemption?

To complete the application, you need to provide several key documents, including your organization’s bylaws, articles of incorporation, current financial statements, and any letters of exemption from the IRS. Additionally, if your organization is charitable, you must include details of your activities and fundraising efforts along with a business plan. Providing brochures or other relevant information can also help support your application.

How long does the exemption last?

The exemption letter issued by the Department of Taxation is valid for five years. After this period, organizations must apply for a renewal. It is advisable to submit the renewal application at least 90 days before the expiration date to ensure uninterrupted exemption status.

What happens if my application for exemption is denied?

If the Department of Taxation finds that your organization does not meet the necessary criteria or if insufficient information is provided, it may deny your application. In such cases, organizations have the option to petition the commission for reconsideration. This process allows for the presentation of additional evidence that may affirm compliance with the exemption standards.

Can the exemption letter be transferred to another organization?

No, the exemption letter is non-transferable. Each organization must apply for its exemption and must notify the Department of any changes to its basic information, such as name, address, or responsible individual. This ensures that the Department has accurate records and can maintain communication.

What are the consequences of failing to comply with the exemption requirements?

If an organization fails to adhere to the standards required for maintaining exemption status, the Department may withdraw the exemption letter. This can occur if the organization ceases to operate for its stated purposes or if it is found to have provided false information during the application process.

How can organizations submit the NV Exemption form?

Organizations can submit the completed NV Exemption form along with all required documents to the Nevada Department of Taxation at the address specified on the application. For assistance or any questions, organizations can contact the Department of Taxation directly at their provided telephone number.

Is additional information required after the application submission?

Yes, the Department of Taxation may request additional information if necessary. This can occur if there are clarifications needed or if the initial submission does not fully meet the requirements. Organizations should be prepared to respond promptly to any requests from the Department to ensure their application proceeds smoothly.

Common mistakes

When applying for the Nevada Department of Taxation's sales/use tax exemption, many organizations make common mistakes that can delay or even jeopardize their application. Understanding these missteps can significantly enhance your chances of success.

One major error is failing to provide complete information. Applicants often leave sections blank or supply incomplete answers. Each section of the form is crucial, and missing even one piece of information can lead to delays. Ensure that every required field, such as the physical and mailing addresses, contact names, and organization description, is filled out accurately and completely.

Not attaching necessary documents is another frequent mistake. The application requests specific documentation, including bylaws, articles of incorporation, and financial statements. Skipping these attachments can lead to an immediate rejection. Always double-check that you include all required documents to substantiate your application.

A third mistake involves misrepresenting the organization’s purpose. Some applicants describe their organizations incorrectly, thus misaligning with the criteria outlined in NRS 372.3261. It's essential to clearly articulate how your organization meets the specifications for religious, charitable, or educational purposes in your application.

Also, applicants often overlook the importance of updating their information. If your organization changes its contact details, it’s vital to notify the department. Leaving outdated information can cause significant communication lapses, leading to missed notifications about your application status or renewal deadlines.

Another common pitfall is underestimating the significance of the financial assertions. Many organizations fail to provide a clear financial picture, which is a requirement for compliance. The financial statements must show where funds come from and how they are used. Ensure that they accurately reflect your organization’s financial health and activities.

Applicants sometimes confuse state and federal exemption standards. It’s crucial to remember that the state criteria differ from those outlined for federal tax exemptions, such as the 501(c) status. Be explicit about how your organization aligns with state legislation and avoid making assumptions based on federal guidelines.

Submitting the application late is yet another misstep. Renewal applications must be submitted within a specific timeframe. Organizations that neglect this can find themselves without an active sales/use tax exemption, causing disruptions to their operations. Mark your calendar with deadlines to prevent any lapses.

Furthermore, applicants might inadvertently use an outdated form. The Nevada Department of Taxation updates forms periodically, and using an old version could result in your application being rejected. Always download the latest version from the official website before submitting.

Finally, many organizations fail to seek assistance when needed. If you find certain sections confusing or if you’re unsure about specific documentation requirements, don't hesitate to reach out for help. Engaging with experts or the department itself can provide clarity that avoids costly mistakes in the application process.

By being mindful of these common mistakes, organizations can submit more thorough applications, enhancing their chances of receiving the exemption they seek.

Documents used along the form

The Nevada Exemption Form is crucial for nonprofit organizations seeking exemption from sales and use tax. To ensure a complete and effective application, several other documents are commonly submitted alongside the form. Below is a list of those essential documents and a brief description of each.

  • Bylaws: These are the internal rules and regulations that govern the organization’s operations. Bylaws outline the structure of the organization, including how decisions are made and the roles of members.
  • Articles of Incorporation: This document establishes the organization as a legal entity. It typically includes the organization's name, purpose, and basic operational framework.
  • Current Financial Statements: These must cover a 12-month period. They detail the organization's revenue sources and expenditures, providing transparency about its financial health and how funds are utilized.
  • Letters of Exemption from the IRS: For organizations that have received federal tax-exempt status, these letters substantiate their nonprofit status and compliance with federal regulations.
  • Outline of Charitable Activities: For charitable organizations, a detailed overview of their activities, fundraising events, goals, and a copy of the organizational business plan are required to illustrate their charitable missions.

Gathering these documents not only helps in applying for a tax exemption but also strengthens the case for the organization’s purpose and compliance with state regulations. Make sure each document is complete and accurately reflects your organization’s operations and objectives.

Similar forms

  • 501(c)(3) Application: Similar to the NV Exemption form, the 501(c)(3) application is designed for nonprofit organizations seeking federal tax exemption. Both documents require information about the organization's purpose and activities, ensuring compliance with specific legal criteria.

  • State Charitable Registration: This document is necessary for charitable organizations that wish to solicit donations in a state. Like the NV Exemption form, it mandates that organizations provide details about their activities, governance structure, and finances, confirming their status as nonprofits.

  • Sales Tax Exemption Letter: Organizations with a sales tax exemption letter from their state enjoy similar benefits. This letter serves as proof of tax-exempt status, just like the NV Exemption form certifies an organization’s eligibility for sales and use tax exemptions in Nevada.

  • IRS Form 1023: This application is for nonprofits to obtain recognition of exemption under Section 501(c)(3) of the Internal Revenue Code. Both forms require extensive documentation, such as bylaws and financial statements, to establish that the organizations meet the federal or state requirements.

  • State Fundraising Registration: Similar to the NV Exemption form, this document is necessary for nonprofits planning to raise funds within a state. Both require details about the organization's purpose, activities, and financial management to ensure transparency and compliance with legal standards.

Dos and Don'ts

When filling out the Nevada Exemption form for sales/use tax exemption, it is important to follow specific guidelines to ensure a smooth application process. Below is a list of seven dos and don’ts to consider.

  • Do read the entire form carefully before starting to complete it.
  • Do provide accurate and complete information about your organization, including its purpose and activities.
  • Do attach all required documents, such as bylaws, financial statements, and letters of exemption.
  • Do ensure that the signature section is signed by a responsible individual, certifying accuracy.
  • Don't leave any sections blank; every question must be addressed.
  • Don't submit outdated or incorrect documents, as this may delay the review process.
  • Don't forget to keep copies of everything you submit for your records.

Following these guidelines can help facilitate your application and increase the likelihood of approval. Be patient during the review process, and if questions arise, don't hesitate to reach out to the Nevada Department of Taxation for assistance.

Misconceptions

Misconception 1: The NV Exemption form is the same as the federal tax exemption application.

This is incorrect. While both forms aim to provide tax exemptions, the requirements for the Nevada exemption differ significantly from those at the federal level (501 C). Organizations must meet specific state criteria to be eligible in Nevada.

Misconception 2: Once you receive an exemption, you never have to renew it.

Many believe that obtaining an exemption is a one-time process. In reality, the exemption expires every five years, and organizations must submit a renewal application to maintain their status.

Misconception 3: Any nonprofit organization automatically qualifies for the sales/use tax exemption.

This is false. Not all nonprofit organizations meet the criteria. Only those created for religious, charitable, or educational purposes and that comply with specific requirements can apply for this exemption.

Misconception 4: Providing a basic application is enough to secure the exemption.

Some think that a simple application suffices. To be approved, organizations must submit a complete application, including necessary documents such as bylaws and financial statements. Incomplete applications will not be reviewed.

Misconception 5: Exemption letters are transferable between organizations.

This is not true. Each letter of exemption is specific to one organization and cannot be transferred to another entity. Changes to the organization's details must be reported to the Department of Taxation, but the exemption remains unique to the original organization.

Key takeaways

Filling out and using the Nevada Exemption Form for sales/use tax can seem daunting. However, understanding the key points simplifies the process significantly. Here are the essential takeaways:

  • Complete Application Required: Ensure you submit a fully completed application. Incomplete submissions will not be reviewed.
  • Required Documentation: Attach necessary documents like bylaws, articles of incorporation, and financial statements. These support your organization’s status and purpose.
  • Five-Year Renewal: Once granted, the exemption lasts for five years. Be aware of the renewal requirement and submit your application before the expiration date.
  • No Transferable Exemptions: The letter of exemption is specific to your organization. If any changes occur in your organization’s details, notify the department promptly.
  • Understand the Criteria: Make sure your organization qualifies under the defined categories: religious, charitable, or educational. Familiarize yourself with the requirements to avoid delays in the approval process.

These points should help streamline your application process. Proper preparation can lead to a smoother experience when dealing with the Department of Taxation.