Department of Taxation v. Daimler-Chrysler Services North America, LLC

OPINION

By the Court,

Rose, J.:

In this case, we consider whether a person who provides primary financing of a retail sale may exercise the retailer’s right to sales tax refunds from the State under Nevada’s bad-debt statute, NRS 372.365(5). We conclude that the statute unambiguously precludes a finance company from obtaining tax refunds and therefore reverse.

FACTS AND PROCEDURAL HISTORY

Respondent, DaimlerChrysler Services North America, LLC, financed numerous retail motor vehicle purchases within the State of Nevada. Under these arrangements, the purchasers agreed to repay *543all or part of the…