Crypto Law Profile

Nevada Blockchain Technology Tax Prohibition

Nevada law bars counties and incorporated cities from imposing taxes, fees, licenses, permits or other requirements on blockchain use. SB 398 also treated blockchain as an electronic record under the state’s UETA.

Nevada, United States Effective State statute Jun 5, 2017

At a glance

Status In force; approved by the Governor on Jun. 5, 2017 and codified in Nevada statutes.
Local tax limit Blocks local taxes, fees, licenses, permits or other requirements on blockchain use.
Jurisdiction Applies to Nevada counties and incorporated cities.
2019 update SB 162 added public blockchain to the statutory definition of blockchain.

Bill details

Bill number
SB 398
Session
2017 Regular Session (79th)
Chamber
Senate
Legislative stage
Enacted

Action

Last action
Approved by the Governor. Chapter 391.
Last action date
Jun 5, 2017

Sponsor

Primary sponsor
Sen. Ben Kieckhefer
Sponsor party
Republican

Source

Source provider
State legislature
Source ID
NELIS Bill 5463; BDR 59-158; Chapter 391
State legislature
Official bill page

Overview

The Nevada Blockchain Technology Tax Prohibition refers to Nevada Senate Bill 398, a 2017 law that added blockchain-specific provisions to Nevada’s Uniform Electronic Transactions Act and restricted local taxation or licensing of blockchain use. The measure was approved by the Governor on June 5, 2017, as Chapter 391, and took effect the same day. It is now reflected primarily in NRS 244.3535, NRS 268.0979, NRS 719.045 and NRS 719.090.

The law is technology-focused rather than asset-specific. It does not create a comprehensive digital asset licensing regime, authorize a particular token, or exempt blockchain businesses from generally applicable state or federal law. Its core function is to prevent Nevada counties and incorporated cities from creating blockchain-specific local taxes, fees, permits, licenses or other use requirements.

Key Provisions

Local tax and fee limits

NRS 244.3535 applies to county boards of commissioners, while NRS 268.0979 applies to incorporated cities. Together, the provisions state that those local government bodies may not impose a tax or fee on a person or entity’s use of a blockchain, require a certificate, license or permit to use a blockchain, or impose another requirement relating to blockchain use.

Recognition as an electronic record

SB 398 also amended Nevada’s electronic transactions law to recognize blockchain as part of the state’s electronic-record framework. Current NRS 719.090 defines an electronic record as a record created, generated, sent, communicated, received or stored by electronic means and states that the term includes a blockchain. This links blockchain records to Nevada’s broader treatment of electronic records, signatures and contracts under Chapter 719.

Blockchain definition and public blockchain update

Current NRS 719.045 defines blockchain by reference to an ordered electronic record of transactions or other data, decentralized processing, redundant maintenance and cryptographic validation. In 2019, SB 162 amended the definition to state that blockchain includes, without limitation, a public blockchain. Those SB 162 definitional amendments became effective on October 1, 2019.

Jurisdictional Impact

The prohibition is state-level preemption aimed at local governments within Nevada. It does not prevent a county or city from using blockchain in the performance of its own powers or duties, provided that use is not inconsistent with Chapter 719. It also does not override taxes, licensing rules, securities laws, money-transmission laws or other requirements that apply for reasons other than the mere use of blockchain technology.

For crypto businesses and other technology users, the practical legal-reference point is narrow: Nevada local governments may not single out blockchain use itself for a local tax, fee, license, permit or comparable requirement. Editors should avoid describing the law as a general tax exemption for cryptocurrencies or digital asset businesses; SB 398 addresses blockchain use and local restrictions, not every transaction, business model or asset classification.

The affected population is broadly framed as any person or entity using a blockchain, rather than a discrete set of regulated intermediaries. That breadth makes the statute relevant to blockchain infrastructure developers, businesses maintaining records on distributed ledgers, and public-blockchain users, while leaving separate legal questions to other Nevada and federal regimes.

Status and Timeline

  • SB 398 was introduced in the Nevada Senate on March 20, 2017.
  • The Senate passed the measure on April 25, 2017, and the Assembly passed it, as amended, on May 26, 2017.
  • The bill was approved by the Governor on June 5, 2017, as Chapter 391.
  • SB 162 later updated the public-blockchain language, with core definitional provisions effective October 1, 2019.

Editorial Caution

This profile should be treated as a legal-reference summary, not legal, tax or compliance advice. The official Nevada Revised Statutes and bill history should be checked for amendments before publication or reuse in a compliance-sensitive context.

Key provisions

County blockchain-use tax prohibition

County boards may not impose taxes or fees, require certificates, licenses or permits, or impose other requirements on blockchain use.

Local taxation Jun 5, 2017 Source

City blockchain-use tax prohibition

Incorporated cities may not impose taxes, fees, licenses, permits or other requirements on blockchain use by any person or entity.

Local taxation Jun 5, 2017 Source

Blockchain treated as electronic record

Nevada’s electronic-record definition includes blockchain, linking blockchain records to Chapter 719’s UETA framework.

Electronic records Jun 5, 2017 Source

Public blockchain included in definition

Current NRS 719.045 defines blockchain to include, without limitation, a public blockchain after SB 162.

Definitions Oct 1, 2019 Source

Timeline

  1. Introduced in Senate

    SB 398 was read first time and referred to the Senate Judiciary Committee.

    Introduced Source
  2. Senate passage

    The Senate passed SB 398, as amended, before sending it to the Assembly.

    Passed Source
  3. Assembly passage

    The Assembly passed SB 398, as amended, with title approved.

    Passed Source
  4. Approved by Governor

    Governor approved SB 398 as Chapter 391; the bill became effective the same day.

    In force Source
  5. Public blockchain update effective

    Core SB 162 amendments adding public blockchain to the blockchain definition became effective.

    Effective Source

Who it affects

Actors

Blockchain users, Public blockchain users, Technology businesses

Official sources

Editorial note

As of 2026-06-03, this profile centers on SB 398 and codified Nevada law. It also notes SB 162’s 2019 public-blockchain amendments to NRS 719.045.