Nevada Revenue and Taxation

Sec. § 363A.050
“Financial institution” defined.


1.

Except as otherwise provided in subsection 2, “financial institution” means:

(a)

An institution licensed, registered or otherwise authorized to do business in this State pursuant to the provisions of title 55 of NRS or chapter 604A or 645B of NRS, or a similar institution chartered or licensed pursuant to federal law;

(b)

A person licensed or registered or required to be licensed or registered pursuant to NRS 90.310, 90.330, 90.453, 686A.340 or 688C.190;

(c)

A person holding or required to hold a solicitation permit or license pursuant to NRS 692B.040, 692B.190 or 692B.260;

(d)

A person designated or registered or required to be designated or registered pursuant to the Commodity Exchange Act, the Securities Exchange Act of 1934, the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940 or the Investment Advisers Act of 1940, as amended;

(e)

A person licensed pursuant to 7 U.S.C. § 2009cc-3 to operate as a rural business investment company;

(f)

A person registered or required to be registered as a savings and loan holding company pursuant to 12 U.S.C. § 1467a;

(g)

A person registered or required to be registered as a bank holding company pursuant to 12 U.S.C. § 1844;

(h)

An investment bank holding company supervised pursuant to 15 U.S.C. § 78q;

(i)

A person electing to be treated as a business development company pursuant to 15 U.S.C. § 80a-53;

(j)

A person licensed pursuant to 15 U.S.C. § 681 to operate as a small business investment company;

(k)

A person granted final approval pursuant to 15 U.S.C. § 689c to operate as a new markets venture capital company;

(l)

A person qualifying as and electing to be considered a real estate investment trust pursuant to 26 U.S.C. § 856;

(m)

A bank, as defined in 12 U.S.C. § 1813(a);

(n)

A savings association, as defined in 12 U.S.C. § 1813(b);

(o)

A savings bank, as defined in 12 U.S.C. § 1813(g);

(p)

A thrift institution, as defined in 12 U.S.C. § 1841(i);

(q)

A national banking association organized under the National Bank Act;

(r)

An entity that is related to any of the entities described in paragraphs (a), (b), (d) to (k), inclusive, and (m) to (q), inclusive, regardless of whether the entity described in any of those paragraphs is doing business in this State; and

(s)

An issuer or a service provider,
Ê who is conducting a business activity in this State.

2.

The term does not include:

(a)

A credit union organized under the provisions of chapter 672 of NRS or the Federal Credit Union Act;

(b)

A federal land credit association, farm credit bank, agricultural credit association or similar institution organized under the provisions of the Farm Credit Act;

(c)

A person who sells, solicits or negotiates insurance and whose business primarily consists of the sale, solicitation or negotiation of insurance; and

(d)

Any person or other entity that this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.

3.

For the purposes of this section:

(a)

“Credit card” has the meaning ascribed to it in NRS 97A.050.

(b)

“Entity” includes, without limitation, any corporation, limited-liability company, association, organization, company, firm, partnership, joint venture, trust, business trust, receiver, trustee, syndicate, cooperative or assignee, or any other group or combination acting as a unit.

(c)

“Issuer” has the meaning ascribed to it in NRS 97A.100, except that the term does not include a seller of goods or provider of services who issues a credit card for the purpose of providing or extending credit only in connection with the goods he or she sells or the services he or she provides.

(d)

A business “primarily consists of the sale, solicitation or negotiation of insurance” if more than 50 percent of the annual income of the business from commissions is derived from the sale, solicitation or negotiation of insurance.

(e)

Entities are “related” if at least 50 percent of the interest, either by vote or value, in each entity is owned, either directly or indirectly, by the same entity, including either of those entities.

(f)

“Service provider” has the meaning ascribed to it in NRS 97A.130, except that the term does not include a service provider who acts in that capacity solely on behalf of a seller of goods or provider of services who issues a credit card for the purpose of providing or extending credit only in connection with the goods he or she sells or the services he or she provides.
Source

Last accessed
Feb. 5, 2021