Nevada 2023 Regular Session

Nevada Senate Bill SB29

Refer
11/16/22  
Introduced
2/6/23  
Report Pass
4/6/23  
Engrossed
4/19/23  
Refer
4/19/23  
Report Pass
5/19/23  
Enrolled
5/26/23  
Chaptered
5/30/23  

Caption

Revises provisions related to refunds of overpayments of taxes. (BDR 32-216)

Impact

The passage of SB29 is expected to have significant implications for taxpayers in Nevada. By eliminating interest on specific tax refunds, the bill alters the financial benefits previously enjoyed by taxpayers who overpaid their taxes. Advocates of the bill argue that this change will streamline the tax refund process for state agencies, thereby reducing administrative burdens and potential legal actions over interest calculations. However, critics could view this legislation as a disadvantage to taxpayers, as it limits their recourse following an overpayment and effectively diminishes the financial reparations owed to them during the refund process.

Summary

Senate Bill No. 29 revises the provisions related to taxation, specifically focusing on the refunds of overpayments of taxes by prohibiting interest payments on certain tax refunds that were over-collected by taxpayers. This legislation aims to amend existing Nevada law, specifically NRS 360.2935, which generally allows taxpayers to receive interest on refunds due for tax overpayments. The bill stipulates that no interest shall be paid on refunds resulting from taxes that were overpaid and must be returned to the original collectors. It applies to all such refunds processed by the Nevada Department of Taxation on or after July 1, 2023, regardless of when the tax was paid or the refund claim submitted.

Contention

During discussions about SB29, notable concerns were raised by stakeholder groups regarding the balance of taxpayer rights versus the administrative efficiency sought by state taxation authorities. Critics argue that depriving taxpayers of interest on refunds may discourage timely payments and could create distrust in the tax system. Additionally, there are fears that this bill may disproportionately affect individuals and small businesses who may rely on those interest payments for cash flow management. The unanimous support during voting (42-0) in the Assembly indicates strong legislative backing, though it remains to be seen how this will play out among constituents affected by the bill.

Companion Bills

No companion bills found.

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