Revises provisions governing the amount of the penalty for late payment of certain taxes and fees administered by the Department of Motor Vehicles.…

Existing law requires the Department of Motor Vehicles to administer and enforce taxes and fees on certain oil and fuels. (NRS 365.100, 366.110, 373.070, 445C.330, 590.120) If a person fails to pay any such tax or fee within the required time period, existing law: (1) requires the Department to impose a penalty on the person of not more than 10 percent of the amount of the tax or fee that is owed, as determined by the Department, plus interest at the rate of 1 percent per month, or fraction of a month; and (2) authorizes the Department to waive all or part of any interest or penalty if the Director of the Department or a hearing officer finds that the failure of a person to make a payment of a tax or fee is the result of circumstances beyond the control of the person and occurred despite the exercise of ordinary care and without willful neglect. (NRS 360A.060, 360A.070) Existing regulations establish the circumstances under which the Director or the Director's designee will grant an application for a waiver of all or part of the penalty and interest imposed for a later payment of a tax or fee. (NAC 360A.160) This bill establishes that the penalty for a failure to timely pay a tax or fee administered by the Department is 10 percent of the amount due, thereby removing the authority of the Department to impose a penalty of less than 10 percent of the amount due unless the person subject to the penalty establishes that the circumstances justify a waiver of the penalty under existing law.

Revises provisions governing the amount of the penalty for late payment of certain taxes and fees administered by the Department of Motor Vehicles. (BDR 32-303)