Construction Information
Table of Contents
Construction Contract
NAC 372.190(1) Construction Contract for improvement to real property defined:
A contract for:
Erecting, Constructing and Affixing a structure.
Type of contracts:
Formal or informal, Advertised contracts, Negotiated contracts, Fixed price contracts, Cost reimbursable contracts, Lump-sum contracts and Time and material contracts.
Construction Contractor
NAC 372.190(2) Construction Contractor Defined:
Any person who acts solely in a professional capacity to alter, repair, add to, remodel or otherwise improve any real property.
This includes:
Subcontractor, interior decorators and specialty contractors
This does not include:
Licensed architect
Licensed engineer
Manufacturer of: Modular homes, sectionalized housing, prefabricated homes or factory-built home except when installing a prefabricated unit to real property under contract with a government entity.
Application of Tax
NAC 372.200 Tangible Personal Property purchased for performance of contract:
A construction contractor is considered a consumer of all tangible personal property purchased for use in improving real property.
A construction contractor is required to pay the tax on all material purchases that will be used in the construction job.
Public Works Contracts
NRS 338.1423
A contractor may not enter into a contract for a public work claiming to be a constituent part of the governmental entity which sponsors or finances the public work.
A contract for a public work may be entered into provided that the contract requires the payment of any
state/local taxes that would normally be due had the contract not been with a tax-exempt entity.
If the public body is going to perform the public work itself, it is not required to pay any local or state taxes for the purchase and use of construction materials or goods.
- Technical Bulletin 16-0002
Change in Sales Tax Rate
NRS 377B.110(6) Construction contractors bid future jobs which include the current sales tax rate.
When the sales tax rate changes….
- the construction contractor can apply for an exemption from the increased tax rate. Contractors must complete a Contract Summary Form and submit to the Department. Once approved, the contractor will be required to self-report the use tax at the former tax rate.
Complete instructions and the form are available on the Department of Taxation’s website under “Common Forms”.
Resale Certificates
A construction contractor may be registered as a retailer.
As a retailer, the contractor may use a resale certificate for purchases, and report the tax when the materials are used in a job or sold at retail.
A retailer construction contractor may NOT use a resale certificate for purchases of tools or supplies which are used in the trade.
Fabrication Labor
NAC 372.380 Producing, Fabrication, Processing
Fabrication labor is labor which results in the creation of tangible personal property.
Fabrication labor is taxable in a retail sale where no installation to real property is involved.
A contract for improvement to real property which includes fabrication and installation is not considered a retail transaction; the contractor is liable for tax on the materials only in such a transaction.
Purchases out of State
Taxes Paid
NRS 375.185 Imposition and rate
Materials purchased out of state and delivered to Nevada for a Nevada job are subject to Nevada tax.
NAC 375.055 Use tax for purchase outside of Nevada
Tax legitimately paid to other state is honored by Nevada; however, if the other state tax rate is lower than the Nevada rate, the difference is due to Nevada.
Records to Keep
NRS 372.735 Records to be kept by sellers, retailers and others consuming in this State tangible personal property from a retailer:
Purchase invoices
Sales journals
General ledgers
Job files
Other records
Must keep records for four (4) years
Written Response
Most tax issues can be addressed by the Department of Taxation. Please be advised that any responses to inquires made to the Department are only binding if put in writing, such as Nevada Revised Statutes, Administrative Code, Nevada Tax Notes or in written correspondence.