reglab/housing_qa huggingface dataset:
NE Code § 77-2730 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2730 - Individual; resident estate or trust; income derived from another state; credit.

77-2730.  Individual; resident estate or trust; income derived from another state; credit.(1) A resident individual and a resident estate or trust shall be allowed a credit against the income tax otherwise due for the amount of any income tax imposed on him or her for each taxable year commencing on or after January 1, 1983, by another state of the United States or a political subdivision thereof or the District of Columbia on income derived from sources therein and which is also subject to income tax under sections 77-2714 to 77-27,123.(2) The credit provided under sections 77-2714 to 77-27,135 shall not exceed the proportion of the income tax otherwise due under such sections that the amount of the taxpayer's adjusted gross income or total income derived from sources in the other taxing jurisdiction bears to federal adjusted gross income or total federal income.(3) For purposes of subsection (1) of this section, a resident individual, estate, or trust shall be deemed to have paid a portion of the income tax imposed by another state, a political subdivision thereof, or the District of Columbia on the income of any partnership, trust, or estate when such resident individual, estate, or trust is a partner, or beneficiary and (a) the income taxed is included in the federal taxable income of the resident individual, estate, or trust and (b) the taxation of such partnership, trust, or estate by the other state is inconsistent with the taxation of such entity under the Internal Revenue Code. The amount of income tax deemed paid by the resident individual, estate, or trust shall be the same percentage of the total tax paid by the entity as the income included in federal taxable income of the resident is to the total taxable income of the entity as computed for the other state.Source   Laws 1967, c. 487, § 30, p. 1584;   Laws 1973, LB 526, § 2;   Laws 1985, LB 273, § 53;   Laws 1987, LB 6, § 2;   Laws 1987, LB 773, § 14;   Laws 1993, LB 121, § 505;   Laws 1994, LB 884, § 90.
NE Code § 77-2731 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2731 - Income tax; taxpayer; resident of more than one state; tax; credit.

77-2731.  Income tax; taxpayer; resident of more than one state; tax; credit.If the taxpayer is regarded as a resident both of this state and another jurisdiction for purposes of personal income taxation, the Tax Commissioner shall reduce the tax on that portion of the taxpayer's income which is subjected to tax in both jurisdictions solely by virtue of dual residence; Provided, that the other taxing jurisdiction allows a similar reduction. The reduction shall be in an amount equal to that portion of the lower of the two taxes applicable to the income taxed twice which the tax imposed by this state bears to the combined taxes of the two jurisdictions on the income taxed twice.Source  Laws 1967, c. 487, § 31, p. 1585.
NE Code § 77-2732 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2732 - Married persons; separate federal returns; joint returns; how treated; revocation of election.

77-2732.  Married persons; separate federal returns; joint returns; how treated; revocation of election.(1) If the federal tax liability of husband or wife is determined on separate federal returns, their tax liabilities in this state shall be separately determined.(2) Except as provided in subsection (3) of this section, if the federal tax liability of husband and wife is determined on a joint federal return, their tax liability shall be determined in this state jointly and their tax liability shall be joint and several.(3) If the federal tax liability of husband and wife is determined on a joint federal return and either husband or wife is a nonresident individual or partial-year resident individual and the other a resident individual, separate taxes shall be determined on their separate tax liabilities in this state on such forms as the Tax Commissioner shall prescribe and their tax liability shall be separate unless both elect to determine their joint tax liability in this state as if both were resident individuals, in which case their tax liability shall be joint and several. If a husband and wife file a joint federal income tax return but determine their tax liabilities in this state separately, they shall compute their tax liabilities in this state as if their federal tax liabilities had been determined separately.(4) During the time a claim for credit or refund may be filed pursuant to section 77-2793, a husband and wife electing to be taxed as if both were residents of this state may revoke the election by each filing a separate return on such forms and in such manner as may be required by the Tax Commissioner.Source   Laws 1967, c. 487, § 32, p. 1585;   Laws 1987, LB 773, § 15;   Laws 1989, LB 459, § 4.
NE Code § 77-2733.01 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2733.01 - Partial-year resident; determination of income.

77-2733.01.  Partial-year resident; determination of income.The income of a partial-year resident individual derived from sources within this state shall be the sum of the following:(1) All of the income, gain, loss, and deduction which is derived from or connected with sources within this state for a nonresident individual under section 77-2733; and(2) Any income from intangible personal property, including, but not limited to, annuities, dividends, interest, and gains from the disposition of intangible personal property and any income from a partnership, limited liability company, estate, trust, or electing subchapter S corporation, that is realized while a resident of this state and that is not taxed by another state.Source   Laws 1987, LB 773, § 17;   Laws 1993, LB 121, § 507.
NE Code § 77-2734.05 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2734.05 - Income tax; unitary business; taxable income; how determined.

77-2734.05.  Income tax; unitary business; taxable income; how determined.(1) Except as provided in subsection (1) of section 77-4105, unitary business having income from business activity that is taxable both within and without this state shall, for taxable years beginning or deemed to begin before January 1, 1988, determine its taxable income by multiplying its federal taxable income, as adjusted, by a fraction, which is the average of the property factor plus the payroll factor plus the sales factor. For taxable years beginning or deemed to begin on or after January 1, 1988, the weight given to the property and payroll factors in the average shall be reduced and the fraction shall be determined as provided in section 77-2734.16. For taxable years beginning or deemed to begin on or after January 1, 1992, federal taxable income, as adjusted, shall be multiplied by the sales factor only.(2) If a unitary business does not have any property, payroll, or sales anywhere, then the average in subsection (1) of this section shall be the average of the remaining factors.(3) In the computation of the factors only the part of a unitary group that is subject to the Internal Revenue Code shall be included, except as provided in section 77-2734.09.Source   Laws 1984, LB 1124, § 8;   Laws 1987, LB 772, § 2;   Laws 1987, LB 775, § 16.
NE Code § 77-2734.06 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2734.06 - Income tax; unitary business; apportionment of income.

77-2734.06.  Income tax; unitary business; apportionment of income.(1) The entire federal taxable income of a unitary business operating both within and without this state is presumed to be subject to apportionment. Other than for adjustments required to be made under the Nebraska Revenue Act of 1967, for any income that is claimed to be not subject to apportionment, a taxpayer needs to show by a preponderance of the evidence (a) that the income is not a part of the unitary business and (b) that the taxpayer has not claimed the same income is part of the unitary business and subject to apportionment in another state with substantially the same law on apportionability of income.(2) There shall be subtracted from federal taxable income any income that the taxpayer has shown is not subject to apportionment under subsection (1) of this section. The amount subtracted under this section shall be reduced, but not below zero, by a portion of the interest expense as determined under subsection (3) of this section and any expense incurred in the production of the income described in this section.(3) The interest expense for the reduction required in subsection (2) of this section shall be determined by dividing the taxpayer's average investment in the activities producing the income by the taxpayer's average total assets and multiplying such ratio by the total interest deduction allowed in the computation of federal taxable income.(4) For the purposes of this section, investment in activities producing the income described in this section shall mean the tax basis of the assets, both tangible and intangible, that are used in the activities or are the basis of the receipt of the described income.(5) Whenever it is necessary to properly reflect the ratio of investment in the activities to total assets, the Tax Commissioner may permit or require the computation of the average provided for in subsection (3) of this section using amounts from interim balance sheets.(6) The corporation may use, in lieu of the tax basis for the computation in subsection (3) of this section, the amounts from a balance sheet included with the federal return or as required to be reported to federal or state regulatory agencies if (a) such amounts are not materially different from tax basis, (b) the amounts are prepared consistently from year to year, and (c) absent a change in circumstances, the amounts are consistently used by the corporation from year to year. The Tax Commissioner may require a corporation to use the alternative amounts in order to maintain consistency or may require the corporation to show that the amounts used do not materially differ from the tax basis.Source   Laws 1984, LB 1124, § 9;   Laws 1986, LB 774, § 11.
NE Code § 77-2734.07 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2734.07 - Income tax; adjustments to federal taxable income; rules and regulations.

77-2734.07.  Income tax; adjustments to federal taxable income; rules and regulations.(1) There shall be added to federal taxable income the amount of any federal deduction because of a carryforward of a net operating loss or any capital loss.(2) There shall be allowed a deduction for a carryforward of a net operating loss or capital loss that is connected with operations in Nebraska. For a net operating loss or capital loss incurred in taxable years beginning or deemed to begin on or after January 1, 1987, and before January 1, 2014, the deduction shall be allowed only for each of the five taxable years succeeding the year of the loss. For a net operating loss incurred in taxable years beginning or deemed to begin on or after January 1, 2014, the deduction shall be allowed only for each of the twenty taxable years succeeding the year of the loss. For a capital loss incurred in taxable years beginning or deemed to begin on or after January 1, 2014, the deduction shall be allowed only for each of the five taxable years succeeding the year of the loss.(3) Except as otherwise provided in this section, there shall be allowed a carryback of a net operating loss or a capital loss that is connected with operations in Nebraska. For a net operating loss or capital loss incurred in taxable years beginning or deemed to begin on or after January 1, 1987, no such carryback shall be allowed.(4) The amounts in subsections (2) and (3) of this section shall be computed pursuant to rules and regulations adopted and promulgated by the Tax Commissioner. Such regulations shall be in accord with the laws of the United States regarding carryforwards and carrybacks.Source   Laws 1984, LB 1124, § 10;   Laws 1987, LB 772, § 4;  Laws 2013, LB308, § 3.
NE Code § 77-2734.08 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2734.08 - Income tax; group of corporations as taxpayer; adjustments to income.

77-2734.08.  Income tax; group of corporations as taxpayer; adjustments to income.(1) When the corporate taxpayer is a group of corporations that does not file a consolidated federal return, the sum of each corporation's federal taxable income shall be used to determine taxable income.(2) The sum of the federal taxable income of the group of corporations shall be adjusted to eliminate intercompany transactions.(3) If the group of corporations includes a domestic international sales corporation or other entity accorded similar treatment under the Internal Revenue Code, the income of the group shall include only that portion of the domestic international sales corporation's income that is considered to be a dividend to the parent.(a) The sales to the domestic international sales corporation shall be eliminated.(b) The domestic international sales corporation's property, payroll, and sales shall be included in the factors to the extent of the ownership of the rest of the group.(c) There shall be no adjustment to the factors when the deferred income is realized by the parent.Source  Laws 1984, LB 1124, § 11.
NE Code § 77-2734.09 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2734.09 - Income tax; unitary group; use of special apportionment formula; effect.

77-2734.09.  Income tax; unitary group; use of special apportionment formula; effect.Any member of a unitary group that is required or permitted to use an apportionment formula other than one prescribed by section 77-2734.05 shall be included in a return only with other corporations using the same apportionment formula. The income and the factors of such corporation shall not be used in computing the taxable income of the rest of the unitary group that does not use such special formula. A corporation using a formula required by a regulation issued pursuant to subsection (3) of section 77-2734.15 is using a formula prescribed by section 77-2734.05.Source   Laws 1984, LB 1124, § 12;   Laws 1987, LB 772, § 5.
NE Code § 77-2734.10 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2734.10 - Income tax; adjustment of factors.

77-2734.10.  Income tax; adjustment of factors.The factors computed pursuant to sections 77-2734.05 to 77-2734.15 shall be adjusted in the following situations:(1) The sales factor shall include the income from intangibles such as interest, royalties, or dividends and the net income from gains on the sale of intangibles;(2) Except as provided in subdivision (1) of this section, the factors shall not include in the denominator any amount that cannot be assigned to a numerator because of the inability to reasonably identify the location of an income-producing activity;(3) The factors shall not include any amount that was eliminated as an intercompany transaction;(4) The factors shall not include any property, payroll, or sales that are a part of the production of income that is not subject to apportionment;(5) The property factor shall include the intangible drilling costs incurred on property that is owned or rented and used during the tax period; and(6) The property factor of a corporation or unitary business engaged in the exploration and extraction of natural resources shall include undeveloped mineral leases and royalty payments on producing leases, except that those mineral leases determined not suitable for production shall not be included in the property factor.Source   Laws 1984, LB 1124, § 13;   Laws 1985, LB 273, § 56.
NE Code § 77-2734.11 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2734.11 - Income tax; corporate taxpayer; when deemed taxable in another state.

77-2734.11.  Income tax; corporate taxpayer; when deemed taxable in another state.(1) A corporate taxpayer is taxable in another state if that state has jurisdiction to subject the taxpayer to a net income tax regardless of whether, in fact, the state does or does not do so.(2) The failure to provide upon request of the Tax Commissioner a copy of the return filed and proof of payment of a net income tax imposed by another state creates a rebuttable presumption that the taxpayer is not subject to tax in the other state.Source  Laws 1984, LB 1124, § 14.
NE Code § 77-2734.12 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2734.12 - Income tax; property factor; how determined.

77-2734.12.  Income tax; property factor; how determined.(1) The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the real and tangible personal property owned or rented and used during the tax period.(2) Property owned is valued at its original cost. Property rented is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer.(3) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, but the Tax Commissioner may require the averaging of monthly values during the tax period if reasonably required to reflect properly the average value of the property.Source   Laws 1984, LB 1124, § 15;   Laws 1985, LB 273, § 57.
NE Code § 77-2734.13 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2734.13 - Income tax; payroll factor; how determined.

77-2734.13.  Income tax; payroll factor; how determined.(1) The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period.(2) Compensation is paid in this state if:(a) The individual's service is performed entirely within the state;(b) The individual's service is performed both within and without the state, but the service performed without the state is incidental to the individual's service within the state; or(c) Some of the service is performed in the state and (i) the base of operations or, if there is no base of operations, the place from which the service is directed or controlled is in this state or (ii) the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this state.Source  Laws 1984, LB 1124, § 16.
NE Code § 77-2734.15 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2734.15 - Income tax; apportionment; petition for special method of apportionment; Tax Commissioner; powers and duties.

77-2734.15.  Income tax; apportionment; petition for special method of apportionment; Tax Commissioner; powers and duties.(1) If the apportionment provisions contained in sections 77-2734.01 to 77-2734.14 do not fairly represent the taxable income that is reasonably attributable to the business operations conducted within this state, the taxpayer may petition for or the Tax Commissioner may require, in respect to all or any part of the federal taxable income, if reasonable:(a) The inclusion of one or more additional factors which will fairly represent the taxpayer's taxable income in this state;(b) The exclusion of any one or more factors;(c) Separate accounting; or(d) The employment of any other method to effectuate an equitable apportionment of the taxpayer's income.(2) Subsection (1) of this section is intended to apply only in unique and nonrecurring factual situations which would otherwise produce incongruous results under the normal apportionment formula.(3) The Tax Commissioner may adopt and promulgate rules and regulations for appropriate procedures for the computation of the property, payroll, and sales factors of the apportionment formula for certain industries when necessary to retain uniformity with the taxation methods of other states or when the characteristics of the industry are such that the normal computation methods are not appropriate. Such industries shall include, but are not limited to, transportation, broadcast communications, and insurance.(4) If the Tax Commissioner fails to mail a notice of final action on any petition under the provisions of this section within thirty days after the filing of such petition, the taxpayer may, prior to notice of action on the petition, consider the petition denied.Source   Laws 1984, LB 1124, § 18;   Laws 1985, LB 273, § 59.
NE Code § 77-2734.16 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2734.16 - Income tax; unitary business; three-factor formula.

77-2734.16.  Income tax; unitary business; three-factor formula.The fraction used in section 77-2734.05 shall be computed in the following manner for taxable years beginning or deemed to begin on or after January 1 of the given year. The average of the property, payroll, and sales factors, which shall be known as the three-factor formula, shall be computed for each year and then combined with the sales factor only using the following percentages:(1) For 1987, the weight of the three-factor formula shall be one hundred percent;(2) For 1988, the weight of the three-factor formula shall be eighty percent and the sales factor shall be twenty percent;(3) For 1989, the weight of the three-factor formula shall be sixty percent and the sales factor shall be forty percent;(4) For 1990, the weight of the three-factor formula shall be forty percent and the sales factor shall be sixty percent; and(5) For 1991, the weight of the three-factor formula shall be twenty percent and the sales factor shall be eighty percent.For 1992 and each year thereafter, the fraction used in section 77-2734.05 shall be the sales factor only.Source  Laws 1987, LB 772, § 3.
NE Code § 77-2754 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2754 - Income tax; withholdings; written statement required.

77-2754.  Income tax; withholdings; written statement required.Every employer or payor, making payment of wages or other payments subject to withholding, shall furnish to each employee or payee in respect to the wages or payments paid by such employer or payor to such employee or payee during the calendar year on or before February 15 of the succeeding year, or, if his or her employment is terminated before the close of such calendar year, within thirty days from the date on which the last payment of wages is made, a written statement as prescribed by the Tax Commissioner showing the amount of wages or payments paid by the employer or payor to the employee or payee, the amount deducted and withheld as tax, and such other information as the Tax Commissioner shall prescribe. Such statement shall be compatible as to form and content with the statement required by the laws of the United States.Source   Laws 1967, c. 487, § 54, p. 1595;   Laws 1984, LB 962, § 19.
NE Code § 77-2755 (2021)
2021 Nebraska Revised Statutes|Chapter 77 - Revenue and Taxation|77-2755 - Income tax; withholdings; deemed paid to Tax Commissioner.

77-2755.  Income tax; withholdings; deemed paid to Tax Commissioner.Wages and payments upon which income tax is required to be withheld shall be taxable under the provisions of the Nebraska Revenue Act of 1967 as if no withholding were required, but any amount of income tax actually deducted and withheld under the provisions of such act in any calendar year shall be deemed to have been paid to the Tax Commissioner on behalf of the person from whom withheld, and such person shall be credited with having paid that amount of income tax for the taxable year beginning in such calendar year. For a taxable year of less than twelve months, the credit shall be made under regulations of the Tax Commissioner.Source   Laws 1967, c. 487, § 55, p. 1595;   Laws 1984, LB 962, § 20.