reglab/housing_qa huggingface dataset:
NE Code § 77-5540 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5540 - Transactions and activities excluded.

77-5540.  Transactions and activities excluded.The following transactions or activities shall not create an investment, result in an increase in the number of new employees, or create any wage benefit credits or investment tax credits under the Invest Nebraska Act except as specifically allowed by this section:(1) The acquisition of a business located in this state which is continued by the company and which was operated in this state during the three hundred sixty-six days prior to the date of application or the date of acquisition, whichever is later. All of the employees of the acquired business during such period shall be considered base-year employees. Any investment in the acquisition of such business shall be deemed to have been made before the date of application;(2) The moving of a business from one location in this state to another, which business was operated in this state during the three hundred sixty-six days prior to the date of application. All employees of the business during such three hundred sixty-six days who become employed at the project shall be deemed base-year employees;(3) The purchase or lease of any property which was previously owned by the company or a related person. The first purchase by either the company or a related person shall be treated as investment if the item was first placed in service in this state after the date of the application;(4) The renegotiation of any lease in existence on the date of application which does not materially change any of the terms of the lease, other than the expiration date, shall be presumed to be a transaction entered into for the purpose of generating benefits under the act and shall not be allowed in the computation of the meeting of any required levels of investment under the agreement;(5) Any purchase or lease of property from a related person, except that the company will be allowed benefits under the act to which the related person would have been entitled on the purchase or lease of the property if the related person was considered the company; and(6) Any transaction entered into primarily for the purpose of receiving benefits under the act which is without a business purpose and does not result in increased economic activity in this state.Source Laws 2001, LB 620, § 40.
NE Code § 77-5541 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5541 - Rules and regulations.

77-5541.  Rules and regulations.The Department of Revenue, in consultation with the Governor and the Department of Economic Development, may, but is not required to, adopt and promulgate all rules and regulations determined by the Tax Commissioner in his or her discretion to be necessary or appropriate to carry out the purposes of the Invest Nebraska Act.Source Laws 2001, LB 620, § 41.
NE Code § 77-5542 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5542 - Report; contents; joint hearing.

77-5542.  Report; contents; joint hearing.(1) The Department of Revenue shall submit electronically an annual report to the Legislature no later than July 15 each year. The report shall list (a) the agreements which have been signed during the previous calendar year, (b) the agreements which are still in effect, (c) the identity of each company, and (d) the location of each project. The department shall, on or before September 1 of each year, appear at a joint hearing of the Appropriations Committee of the Legislature and the Revenue Committee of the Legislature and present the report. Any supplemental information requested by three or more committee members shall be presented within thirty days after the request.(2) The report shall also state by industry group (a) the amount of wage benefit credits and investment tax credits allowed under the Invest Nebraska Act, (b) the number of direct jobs created at the projects, (c) the amount of direct capital investment under the act, (d) the estimated wage levels of jobs created by the companies at the projects, (e) the estimated indirect jobs and investment created on account of the projects, and (f) the projected future state and local revenue gains and losses from all revenue sources on account of the direct and indirect jobs and investment created on account of the projects.(3) No information shall be provided in the report that is protected by state or federal confidentiality laws.Source  Laws 2001, LB 620, § 42;  Laws 2007, LB223, § 28;  Laws 2012, LB782, § 144;  Laws 2013, LB612, § 6.
NE Code § 77-5543 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5543 - Filing of applications; limitation.

77-5543.  Filing of applications; limitation.(1) Except as provided in subsection (2) of this section, there shall be no project applications filed on or after June 1, 2005, without further authorization of the Legislature, except that all project applications and all project agreements pending, approved, or entered into before such date shall continue in full force and effect.(2) There shall be no project applications for projects described in subdivision (3)(d) of section 77-5536 filed on or after October 1, 2002, without further authorization of the Legislature, except that all such project applications and all such project agreements pending, approved, or entered into before such date shall continue in full force and effect.Source Laws 2001, LB 620, § 43.
NE Code § 77-5701 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5701 - Act, how cited.

77-5701.  Act, how cited.Sections 77-5701 to 77-5735 shall be known and may be cited as the Nebraska Advantage Act.Source  Laws 2005, LB 312, § 23;  Laws 2008, LB895, § 6;  Laws 2009, LB403, § 10;  Laws 2012, LB1118, § 1.
NE Code § 77-5702 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5702 - Legislative findings.

77-5702.  Legislative findings.The Legislature hereby finds and declares that it is the policy of this state to make revisions in Nebraska's tax structure in order to (1) encourage new businesses to relocate to Nebraska, (2) retain existing businesses and aid in their expansion, (3) promote the creation and retention of new, quality jobs in Nebraska, specifically jobs related to research and development, manufacturing, and large data centers, and (4) attract and retain investment capital in the State of Nebraska.Source  Laws 2005, LB 312, § 24;  Laws 2014, LB836, § 3.
NE Code § 77-5703 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5703 - Definitions, where found.

77-5703.  Definitions, where found.For purposes of the Nebraska Advantage Act, the definitions found in sections 77-5704 to 77-5721 shall be used.Source  Laws 2005, LB 312, § 25;  Laws 2008, LB895, § 7;  Laws 2012, LB1118, § 2.
NE Code § 77-5704 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5704 - Applicability of other definitions.

77-5704.  Applicability of other definitions.Any term shall have the same meaning as used in Chapter 77, article 27.Source Laws 2005, LB 312, § 26. Annotations Any term used in the Nebraska Advantage Act shall have the same meaning as used in chapter 77, article 27, of Nebraska's statutes. Ash Grove Cement Co. v. Nebraska Dept. of Rev., 306 Neb. 947, 947 N.W.2d 731 (2020).
NE Code § 77-5705 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5705 - Base year, defined.

77-5705.  Base year, defined.Except for a tier 5 project that is sequential to a tier 2 large data center project, base year means the year immediately preceding the year of application. For a tier 5 project that is sequential to a tier 2 large data center project, the base year means the last year of the tier 2 large data center project entitlement period relating to direct sales tax refunds.Source  Laws 2005, LB 312, § 27;  Laws 2012, LB1118, § 4.
NE Code § 77-5706 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5706 - Base-year employee, defined.

77-5706.  Base-year employee, defined.Base-year employee means any individual who was employed in Nebraska and subject to the Nebraska income tax on compensation received from the taxpayer or its predecessors during the base year and who is employed at the project.Source Laws 2005, LB 312, § 28.
NE Code § 77-5707 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5707 - Compensation, defined.

77-5707.  Compensation, defined.Compensation means the wages and other payments subject to the federal medicare tax.Source  Laws 2005, LB 312, § 29;  Laws 2010, LB918, § 1.
NE Code § 77-5707.01 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5707.01 - County average weekly wage, defined.

77-5707.01.  County average weekly wage, defined.County average weekly wage for any year means the most recent average weekly wage paid by all employers in the county as reported by the Department of Labor by October 1 of the year prior to application.Source  Laws 2008, LB895, § 8;  Laws 2013, LB34, § 1.
NE Code § 77-5707.02 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5707.02 - Data center, defined.

77-5707.02.  Data center, defined.Data center means computers, supporting equipment, and other organized assembly of hardware or software that are designed to centralize the storage, management, or dissemination of data and information, environmentally controlled structures or facilities or interrelated structures or facilities that provide the infrastructure for housing the equipment, such as raised flooring, electricity supply, communication and data lines, Internet access, cooling, security, and fire suppression, and any building housing the foregoing. A data center also includes a facility described in this section for the co-location of computers.Source Laws 2012, LB1118, § 3.
NE Code § 77-5708 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5708 - Entitlement period, defined.

77-5708.  Entitlement period, defined.Entitlement period, for a tier 1 or tier 3 project, means the year during which the required increases in employment and investment were met or exceeded and each year thereafter until the end of the ninth year following the year of application or the sixth year after the year the required increases were met or exceeded, whichever is sooner. Entitlement period, for a tier 2, tier 4, or tier 5 project, means the year during which the required increases in employment and investment were met or exceeded and each year thereafter until the end of the sixth year after the year the required increases were met or exceeded. Entitlement period, for a tier 6 project, means the year during which the required increases in employment and investment were met or exceeded and each year thereafter until the end of the ninth year after the year the required increases were met or exceeded.Source  Laws 2005, LB 312, § 30;  Laws 2008, LB895, § 9.
NE Code § 77-5709 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5709 - Equivalent employees, defined.

77-5709.  Equivalent employees, defined.Equivalent employees means the number of employees computed by dividing the total hours paid in a year by the product of forty times the number of weeks in a year. A salaried employee who receives a predetermined amount of compensation each pay period on a weekly or less frequent basis is deemed to have been paid for forty hours per week during the pay period.Source  Laws 2005, LB 312, § 31;  Laws 2013, LB34, § 2.
NE Code § 77-5710 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5710 - Investment, defined.

77-5710.  Investment, defined.Investment means the value of qualified property incorporated into or used at the project. For qualified property owned by the taxpayer, the value shall be the original cost of the property. For qualified property rented by the taxpayer, the average net annual rent shall be multiplied by the number of years of the lease for which the taxpayer was originally bound, not to exceed ten years. The rental of land included in and incidental to the leasing of a building shall not be excluded from the computation.Source Laws 2005, LB 312, § 32.
NE Code § 77-5711 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5711 - Motor vehicle, defined.

77-5711.  Motor vehicle, defined.Motor vehicle means any motor vehicle, trailer, or semitrailer as defined in the Motor Vehicle Registration Act and subject to registration for operation on the highways.Source Laws 2005, LB 312, § 33. Cross References  Motor Vehicle Registration Act, see section 60-301.
NE Code § 77-5712 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5712 - Nebraska average weekly wage, defined.

77-5712.  Nebraska average weekly wage, defined.Nebraska average weekly wage for any year means the most recent average weekly wage paid by all employers in all counties in Nebraska as reported by the Department of Labor by October 1 of the year prior to application.Source  Laws 2005, LB 312, § 34;  Laws 2008, LB895, § 10;  Laws 2013, LB34, § 3.
NE Code § 77-5713 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5713 - Nebraska employee, defined.

77-5713.  Nebraska employee, defined.Nebraska employee means an individual who is either a resident or partial-year resident of Nebraska.Source Laws 2005, LB 312, § 35.
NE Code § 77-5714 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5714 - Number of new employees, defined.

77-5714.  Number of new employees, defined.(1) Number of new employees, for a tier 1, tier 2, tier 3, or tier 4 project, means the number of equivalent employees that are employed at the project during a year that are in excess of the number of equivalent employees during the base year, not to exceed the number of equivalent employees employed at the project during a year who are not base-year employees and who are paid wages at a rate equal to at least sixty percent of the Nebraska average weekly wage for the year of application.(2) Number of new employees, for a tier 6 project, means the number of equivalent employees that are employed at the project during a year that are in excess of the number of equivalent employees during the base year, not to exceed the number of equivalent employees employed at the project during a year who are not base-year employees and who are paid at a rate equal to or greater than the tier 6 weekly required compensation for the year of application.(3) Teleworkers working for wages or salaries in Nebraska from their residences for a taxpayer on tasks interdependent with the work performed at the project shall be considered to be employed at the project.(4) Employees who work at a military installation in Nebraska for a taxpayer on tasks interdependent with the work performed at the project shall be considered to be employed at the project.Source  Laws 2005, LB 312, § 36;  Laws 2008, LB895, § 11;  Laws 2009, LB164, § 3.
NE Code § 77-5716 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5716 - Qualified employee leasing company, defined.

77-5716.  Qualified employee leasing company, defined.Qualified employee leasing company means a company which places all employees of a client-lessee on its payroll and leases such employees to the client-lessee on an ongoing basis for a fee and, by written agreement between the employee leasing company and a client-lessee, grants to the client-lessee input into the hiring and firing of the employees leased to the client-lessee.Source Laws 2005, LB 312, § 38.
NE Code § 77-5717 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5717 - Qualified property, defined.

77-5717.  Qualified property, defined.Qualified property means any tangible property of a type subject to depreciation, amortization, or other recovery under the Internal Revenue Code of 1986, as amended, or the components of such property, that will be located and used at the project. Qualified property does not include (1) aircraft, barges, motor vehicles, railroad rolling stock, or watercraft or (2) property that is rented by the taxpayer qualifying under the Nebraska Advantage Act to another person. Qualified property of the taxpayer located at the residence of a teleworker working in Nebraska from his or her residence on tasks interdependent with the work performed at the project shall be deemed located and used at the project.Source Laws 2005, LB 312, § 39.
NE Code § 77-5718 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5718 - Related persons, defined.

77-5718.  Related persons, defined.Related persons means any corporations, partnerships, limited liability companies, or joint ventures which are or would otherwise be members of the same unitary group, if incorporated, or any persons who are considered to be related persons under either section 267(b) and (c) or section 707(b) of the Internal Revenue Code of 1986, as amended.Source Laws 2005, LB 312, § 40.
NE Code § 77-5719 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5719 - Taxpayer, defined.

77-5719.  Taxpayer, defined.Taxpayer means any person subject to sales and use taxes under the Nebraska Revenue Act of 1967 and subject to withholding under section 77-2753 and any entity that is or would otherwise be a member of the same unitary group, if incorporated, that is subject to such sales and use taxes and such withholding. Taxpayer does not include a political subdivision or an organization that is exempt from income taxes under section 501(a) of the Internal Revenue Code of 1986, as amended. For purposes of this section, political subdivision includes any public corporation created for the benefit of a political subdivision and any group of political subdivisions forming a joint public agency, organized by interlocal agreement, or utilizing any other method of joint action.Source  Laws 2005, LB 312, § 41;  Laws 2006, LB 1003, § 12;  Laws 2007, LB368, § 139;  Laws 2010, LB918, § 3;  Laws 2013, LB34, § 4. Cross References  Nebraska Revenue Act of 1967, see section 77-2701.
NE Code § 77-5719.01 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5719.01 - Tier 6 weekly required compensation, defined.

77-5719.01.  Tier 6 weekly required compensation, defined.Tier 6 weekly required compensation means two hundred percent of the county average weekly wage for the county in which the project is located or one hundred fifty percent of the state average weekly wage, whichever is higher. If the project is located in more than one county, the higher county average weekly wage shall be used to determine the tier 6 weekly required compensation.Source Laws 2008, LB895, § 13.
NE Code § 77-5719.02 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5719.02 - Wages, defined.

77-5719.02.  Wages, defined.Wages means compensation.Source Laws 2008, LB895, § 14.
NE Code § 77-5720 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5720 - Year, defined.

77-5720.  Year, defined.Year means calendar year.Source  Laws 2005, LB 312, § 42;  Laws 2013, LB34, § 5.
NE Code § 77-5721 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5721 - Year of application, defined.

77-5721.  Year of application, defined.Year of application means the year that a completed application is filed under the Nebraska Advantage Act.Source Laws 2005, LB 312, § 43.
NE Code § 77-5722 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5722 - Qualified employee leasing company; employees; duty.

77-5722.  Qualified employee leasing company; employees; duty.An employee of a qualified employee leasing company shall be considered to be an employee of the client-lessee for purposes of the Nebraska Advantage Act if the employee performs services for the client-lessee. A qualified employee leasing company shall provide the Department of Revenue access to the records of employees leased to the client-lessee.Source Laws 2005, LB 312, § 44.
NE Code § 77-5722.01 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5722.01 - Employees; verification of status required; exclusion.

77-5722.01.  Employees; verification of status required; exclusion.(1) The Tax Commissioner shall not approve or grant to any person any tax incentive under the Nebraska Advantage Act unless the taxpayer provides evidence satisfactory to the Tax Commissioner that the taxpayer electronically verified the work eligibility status of all newly hired employees employed in Nebraska.(2) For purposes of calculating any tax incentive under the act, the Tax Commissioner shall exclude hours worked and compensation paid to an employee that is not eligible to work in Nebraska as verified under subsection (1) of this section.(3) This section does not apply to any application filed under the Nebraska Advantage Act prior to October 1, 2009.Source Laws 2009, LB403, § 11.
NE Code § 77-5724 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-5724 - Incentives; credits or benefits; limitation.

77-5724.  Incentives; credits or benefits; limitation.The following transactions or activities shall not create any credits or allow any benefits under the Nebraska Advantage Act except as specifically allowed by this section:(1) The acquisition of a business after the date of application which is continued by the taxpayer as a part of the project and which was operated in this state during the three hundred sixty-six days prior to the date of acquisition. All employees of the entities added to the taxpayer by the acquisition during the three hundred sixty-six days prior to the date of acquisition shall be considered employees during the base year. Any investment prior to the date of acquisition made by the entities added to the taxpayer by the acquisition or any investment in the acquisition of such business shall be considered as being made before the date of application;(2) The moving of a business from one location to another, which business was operated in this state during the three hundred sixty-six days prior to the date of application. All employees of the business during such three hundred sixty-six days shall be considered base-year employees;(3) The purchase or lease of any property which was previously owned by the taxpayer or a related person. The first purchase by either the taxpayer or a related person shall be treated as investment if the item was first placed in service in the state after the date of the application;(4) The renegotiation of any lease in existence on the date of application which does not materially change any of the terms of the lease, other than the expiration date, shall be presumed to be a transaction entered into for the purpose of generating benefits under the act and shall not be allowed in the computation of any benefit or the meeting of any required levels under the agreement;(5) Any purchase or lease of property from a related person, except that the taxpayer will be allowed any benefits under the act to which the related person would have been entitled on the purchase or lease of the property if the related person was considered the taxpayer;(6) Any transaction entered into primarily for the purpose of receiving benefits under the act which is without a business purpose and does not result in increased economic activity in the state; and(7) Any activity that results in benefits under the Ethanol Development Act.Source Laws 2005, LB 312, § 46. Cross References  Ethanol Development Act, see section 66-1330.