Waiver of taxes, penalties and interest owed by taxpayers who rely on certain advice, opinions or audits

1. Except as otherwise provided in subsection 2, upon proof that a taxpayer has relied to his or her detriment on written advice provided to the taxpayer by an officer, agent or employee of the Department or on an opinion of the Attorney General: (a) The Department may waive any tax, penalty and interest owed by the taxpayer if the taxpayer meets the criteria adopted by regulation by the Nevada Tax Commission pursuant to NRS 360.093; and (b) If a waiver is granted pursuant to paragraph (a), the Department shall prepare and maintain on file a statement which contains: (1) The reason for the waiver; (2) The amount of the tax, penalty and interest owed by the taxpayer; (3) The amount of the tax, penalty and interest waived by the Department; and (4) The facts and circumstances which led to the waiver. 2. Upon proof that a taxpayer has in good faith collected or remitted taxes imposed pursuant to the provisions of this title that are administered by the Department, in reliance upon written advice provided by an officer, agent or employee of the Department, an opinion of the Attorney General or the Nevada Tax Commission, or the written results of an audit of his or her records conducted by the Department, the taxpayer may not be required to pay delinquent taxes, penalties or interest if the Department determines after the completion of a subsequent audit that the taxes he or she collected or remitted were deficient.