reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2716.03 - Income tax; disallowance of itemized deductions; calculation.

77-2716.03.
Income tax; disallowance of itemized deductions; calculation.
(1) Any taxpayer whose federal adjusted gross income is larger than the threshold amount determined under section 68 of the Internal Revenue Code of 1986, as amended, for the disallowance of itemized deductions shall calculate the amount of the excess.
(2) A taxpayer's tax liability shall be increased by an amount determined under this subsection. The amount shall be calculated by multiplying the maximum individual tax rate by ten percent of the excess calculated in subsection (1) of this section and subtracting the amount of the tax from the tax tables on ten percent of the excess from the result. The difference shall be the increase in the tax liability. If taxable income is less than ten percent of the excess, the calculation in this subsection shall be made using taxable income.
Source
Laws 1993, LB 240, § 6;
Laws 1995, LB 300, § 1;
Laws 2006, LB 968, § 11.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2724 - Nonresident estates or trusts; income; how determined.

77-2724.
Nonresident estates or trusts; income; how determined.
(1) For purposes of taxation of nonresident estates or trusts:
(a) Items of income, gain, loss, and deduction shall mean those items entering into the definition of federal distributable income;
(b) Items of income, gain, loss, and deduction entering into the definition of federal distributable net income shall include such items from another estate or trust of which the estate or trust is a beneficiary; and
(c) The source of items of income, gain, loss, or deduction shall be determined under regulations prescribed by the Tax Commissioner in accordance with the general rules in section 77-2733 as if the estate or trust were a nonresident individual.
(2) The taxable income of an estate or trust, before the proration required in subdivision (1)(b) of section 77-2717 to determine the tax attributable to income from sources within this state, shall consist of its share of items of income, gain, loss, and deduction which enter into the federal definition of distributable net income (a) increased or reduced by the amount of any items of income, gain, loss, or deduction which are recognized for federal income tax purposes but excluded from the federal definition of distributable net income of the estate or trust, (b) less the amount of the deduction for its federal exemption, and (c) increased or reduced by the modifications contained in section 77-2716 which relate to an item of estate or trust income.
Source
Laws 1967, c. 487, § 24, p. 1581;
Laws 1987, LB 773, § 11;
Laws 1994, LB 977, § 15.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2725 - Nonresident estate or trust; share of income; how determined.

77-2725.
Nonresident estate or trust; share of income; how determined.
(1) The share of a nonresident estate or trust of items of income, gain, loss, and deduction entering into the definition of distributable net income and the share for purposes of section 77-2733 of a nonresident beneficiary of any estate or trust in estate or trust income, gain, loss, and deduction shall be the same amount, subject to the modifications contained in section 77-2716, and have the same character as for federal income tax purposes. When an item entering into the computation of such amounts is not characterized for federal income tax purposes, it shall have the same character as if realized directly from the source from which realized by the estate or trust or incurred in the same manner as incurred by the estate or trust.
(2) The Tax Commissioner may by rule and regulation establish such other method or methods of determining the respective shares of the beneficiaries and of the estate or trust in its income derived from sources in this state as may be appropriate and equitable.
Source
Laws 1967, c. 487, § 25, p. 1582;
Laws 1984, LB 962, § 17;
Laws 1987, LB 773, § 12.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2728 - Income tax; partnership; income; how determined.

77-2728.
Income tax; partnership; income; how determined.
Each item of partnership income, gain, loss, or deduction shall have the same character for a partner under the provisions of the Nebraska Revenue Act of 1967 as it has for federal income tax purposes. Where an item is not characterized for federal income tax purposes, it shall have the same character for a partner as if realized directly from the source from which realized by the partnership or incurred in the same manner as incurred by the partnership.
Source
Laws 1967, c. 487, § 28, p. 1583.
Annotations
Character of income realized by a partnership remains the same when a partner accounts for it. Altsuler v. Peters, 190 Neb. 113, 206 N.W.2d 570 (1973).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2729 - Nonresident partner; income; how determined.

77-2729.
Nonresident partner; income; how determined.
(1) In determining the tax liability of a nonresident partner of any partnership, there shall be included in Nebraska adjusted gross income only that part derived from or connected with sources in this state of the partner's distributive share of items of partnership income, gain, loss, and deduction entering into his or her federal taxable income, as such part is determined under rules and regulations prescribed by the Tax Commissioner in accordance with the general rules in section 77-2733.
(2) In determining the sources of a nonresident partner's income, no effect shall be given to a provision in the partnership agreement which:
(a) Characterizes payments to the partner as being for services or for the use of capital, or allocated to the partner, as income or gain from sources outside this state, a greater proportion of his or her distributive share of partnership income or gain than the ratio of partnership income or gain from sources outside this state to partnership income or gain from all sources, except as authorized in subsection (4) of this section; or
(b) Allocates to the partner a greater proportion of a partnership item of loss or deduction connected with sources in this state than his or her proportionate share, for federal income tax purposes, of partnership loss or deduction generally, except as authorized in subsection (4) of this section.
(3) Any modification described in subsection (1) of section 77-2716 which relates to an item of partnership income, gain, loss, or deduction, shall be made in accordance with the partner's distributive share, for federal income tax purposes of the item to which the modification relates, but limited to the portion of such item derived from or connected with sources in this state.
(4) The Tax Commissioner may, on application, authorize the use of such other methods of determining a nonresident partner's portion of partnership items derived from or connected with sources in this state, and the modifications related thereto, as may be appropriate and equitable, on such terms and conditions as he or she may require.
(5) The character of partnership items for a nonresident partner shall be determined under section 77-2725.
Source
Laws 1967, c. 487, § 29, p. 1583;
Laws 1987, LB 773, § 13.
2023 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, including any tax similar to the tax imposed under subsection (6) of section 77-2727 and subsection (8) of section 77-2734.01 for the taxable year imposed by another state of the United States or a political subdivision of such a state, or by the District of Columbia, with respect to the direct and indirect taxable income attributable to the resident individual, estate, or trust from an entity that is also subject to tax under sections 77-2714 to 77-2734.16. 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;
Laws 2023, LB754, § 12.
Effective Date: June 1, 2023
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2757 - Income tax; employer or payor required to deduct; trust fund.

77-2757.
Income tax; employer or payor required to deduct; trust fund.
Every employer or payor required to deduct and withhold income tax under the provisions of the Nebraska Revenue Act of 1967 is hereby made liable for such tax. For purposes of assessment and collection, any amount required to be withheld and paid over to the Tax Commissioner, and any additions to tax, penalties, and interest with respect thereto, shall be considered the tax of the employer or payor. Any amount of tax actually deducted and withheld shall constitute a trust fund in the hands of the employer or payor and shall be owned by the state. No employee or payee shall have any right of action against his or her employer or payor in respect to any money deducted and withheld from his or her wages or other payments and paid over to the Tax Commissioner in compliance or in intended compliance with the provisions of such act.
Source
Laws 1967, c. 487, § 57, p. 1596;
Laws 1969, c. 691, § 1, p. 2684;
Laws 1984, LB 962, § 22.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2758 - Income tax; employer or payor; failure to deduct; effect.

77-2758.
Income tax; employer or payor; failure to deduct; effect.
If an employer or payor fails to deduct and withhold income tax as required, and thereafter the tax against which such income tax may be credited is paid, the tax so required to be deducted and withheld shall not be collected from the employer or payor, but the employer or payor shall not be relieved from liability for any additions to tax, penalties, or interest otherwise applicable in respect to such failure to deduct and withhold.
Source
Laws 1967, c. 487, § 58, p. 1597;
Laws 1984, LB 962, § 23.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2759 - Income tax; taxable year.

77-2759.
Income tax; taxable year.
(1) For purposes of the income tax imposed by the provisions of the Nebraska Revenue Act of 1967, a taxpayer's taxable year shall be the same as his taxable year for federal income tax purposes.
(2) If a taxpayer's taxable year is changed for federal income tax purposes, his taxable year for purposes of the income tax imposed by the provisions of the Nebraska Revenue Act of 1967 shall be similarly changed in accordance with regulations prescribed by the Tax Commissioner.
(3) Notwithstanding the provisions of subsections (1) and (2) of this section, if the Tax Commissioner terminates the taxpayer's taxable year under the provisions of section 77-27,111, relating to tax in jeopardy, the income tax shall be computed for the period determined by such action in accordance with regulations prescribed by the Tax Commissioner.
Source
Laws 1967, c. 487, § 59, p. 1597.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2760 - Income tax; accounting method.

77-2760.
Income tax; accounting method.
(1) For purposes of the income tax imposed by the provisions of the Nebraska Revenue Act of 1967, a taxpayer's method of accounting shall be the same as his method of accounting for federal income tax purposes.
(2) If a taxpayer's method of accounting is changed for federal income tax purposes, his method of accounting for purposes of the income tax provisions of the Nebraska Revenue Act of 1967 shall similarly be changed.
Source
Laws 1967, c. 487, § 60, p. 1597.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2761 - Income tax; return; required by whom.

77-2761.
Income tax; return; required by whom.
An income tax return with respect to the income tax imposed by the provisions of the Nebraska Revenue Act of 1967 shall be made by the following:
(1) Every resident individual who is required to file a federal income tax return for the taxable year;
(2) Every nonresident individual who has income from Nebraska sources;
(3) Every resident estate or trust which is required to file a federal income tax return except a simple trust not required to file under subsection (2) of section 77-2717;
(4) Every nonresident estate or trust which has taxable income from Nebraska sources;
(5) Every corporation or any other entity taxed as a corporation under the Internal Revenue Code which is required to file a federal income tax return except the small business corporations not required to file under subsection (7) of section 77-2734.01;
(6) Every limited liability company having income derived from Nebraska sources; and
(7) Every partnership having income derived from Nebraska sources.
Source
Laws 1967, c. 487, § 61, p. 1598;
Laws 1987, LB 523, § 25;
Laws 1993, LB 121, § 510;
Laws 2009, LB165, § 13;
Laws 2019, LB512, § 22.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2763 - Income tax; taxpayer; deceased; return.

77-2763.
Income tax; taxpayer; deceased; return.
(1) An income tax return for any deceased individual shall be made and filed by his executor, administrator, or other person charged with the care of his property. A joint or separate final return of a decedent shall be due when it would have been due if the decedent had not died.
(2) An income tax return for an individual who is unable to make a return by reason of minority or other disability shall be made and filed by his duly authorized agent, guardian, conservator, fiduciary, or other person charged with the care of his person or property other than a receiver in possession of only a part of the individual's property.
(3) The income tax return of an estate or trust shall be made and filed by the fiduciary thereof.
(4) If two or more fiduciaries are acting jointly, the return may be made by any one of them.
Source
Laws 1967, c. 487, § 63, p. 1599.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2764 - Income tax; fiduciary; notice of qualification.

77-2764.
Income tax; fiduciary; notice of qualification.
Every receiver, trustee in bankruptcy, assignee for benefit of creditors, or other like fiduciary, shall give notice of his qualification as such to the Tax Commissioner, as may be required by regulation.
Source
Laws 1967, c. 487, § 64, p. 1599.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2765 - Partial-year resident individual; filing requirements.

77-2765.
Partial-year resident individual; filing requirements.
If an individual is a partial-year resident individual, the Tax Commissioner may by rule and regulation require him or her to file one return as a partial-year resident individual or to file one return for the portion of the year during which he or she is a resident and one for the portion of the year during which he or she is a nonresident.
Source
Laws 1967, c. 487, § 65, p. 1599;
Laws 1987, LB 773, § 22.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2767 - Income tax; two returns required; when; total taxes due.

77-2767.
Income tax; two returns required; when; total taxes due.
Where two returns are required to be filed as provided in section 77-2765:
(1) Personal exemptions and deductions shall be prorated between the two returns, under regulations prescribed by the Tax Commissioner, to reflect the proportions of the taxable year during which the individual was a resident and a nonresident; and
(2) The total of the taxes due thereon shall not be less than would be due if the total of the taxable incomes reported on the two returns were includable in one return.
Source
Laws 1967, c. 487, § 67, p. 1600.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2768 - Income tax; return; filing; when.

77-2768.
Income tax; return; filing; when.
The income tax return required by the provisions of the Nebraska Revenue Act of 1967 shall be filed on or before the dates prescribed by the laws of the United States for filing federal income tax returns. A person required to make and file an income tax return shall, without assessment, notice, or demand, pay any tax due thereon to the Tax Commissioner on or before the date fixed for filing such return, except that a tax amount due which is less than two dollars need not be remitted. The Tax Commissioner shall prescribe by regulation the place for filing any return, declaration, statement, or other document required pursuant hereto and for the payment of any tax.
Source
Laws 1967, c. 487, § 68, p. 1600;
Laws 1969, c. 692, § 1, p. 2685;
Laws 1987, LB 523, § 26;
Laws 1991, LB 773, § 17.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2769 - Income tax; estimated tax; payment; date.

77-2769.
Income tax; estimated tax; payment; date.
(1) Every resident and nonresident individual, corporation, and other entity taxed as a corporation under the Internal Revenue Code shall pay the estimated tax for the taxable year, in such form as the Tax Commissioner may prescribe, except that (a) no payment of estimated tax is required by an individual if the estimated tax can reasonably be expected to be less than five hundred dollars and (b) no payment of estimated tax is required by a corporation or other entity taxed as a corporation under the Internal Revenue Code if the estimated tax can reasonably be expected to be less than four hundred dollars.
(2)(a) Estimated tax for an individual shall mean the amount which the individual estimates to be his or her income tax under sections 77-2714 to 77-27,135 for the taxable year less the amount which he or she estimates to be the sum of any credits allowable.
(b) Estimated tax for a corporation or other entity taxed as a corporation under the Internal Revenue Code shall mean the amount which the corporation or business estimates to be its income tax under sections 77-2714 to 77-27,135 for the taxable year less the amount which is estimated to be the sum of any credits allowable.
(3) If they are eligible to do so for federal tax purposes, a husband and wife may make a joint payment of estimated tax as if they were one taxpayer, in which case the liability with respect to the estimated tax shall be joint and several. If a joint payment is made but husband and wife elect to determine their taxes separately, the estimated tax for such year may be treated as the estimated tax of either husband or wife, or may be divided between them, as they may elect.
(4) The payment of estimated tax for an individual under a disability shall be made and filed in the manner provided in subsection (2) of section 77-2763 for an income tax return.
(5) The payment of estimated tax shall be paid on or before the dates prescribed by the laws of the United States for payment of estimated federal income tax, except that the Tax Commissioner, by rule and regulation, may establish other dates for payment of estimated tax.
(6) The application of this section to taxable years of less than twelve months shall be in accordance with regulations prescribed by the Tax Commissioner.
(7) Payment of the estimated income tax or any installment thereof shall be considered payment on account of the income tax imposed under sections 77-2714 to 77-27,135 for the taxable year.
Source
Laws 1967, c. 487, § 69, p. 1600;
Laws 1973, LB 526, § 5;
Laws 1983, LB 363, § 4;
Laws 1984, LB 962, § 24;
Laws 1985, LB 344, § 5;
Laws 1985, LB 273, § 60;
Laws 2008, LB915, § 4.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2770 - Income tax; filing or payment; extension of time; bond; when.

77-2770.
Income tax; filing or payment; extension of time; bond; when.
(1)(a) The Tax Commissioner may grant a reasonable extension of time for filing any return, statement, or other document, or for payment of income tax or estimated tax or any installment thereof, on such terms and conditions as he or she may require. Except in the case of a taxpayer who is abroad, no such extension or extensions shall exceed a total of seven months.
(b) An extension of time granted for filing of a return, other than to a corporate taxpayer, shall for the purpose of this subsection extend the time for payment of any tax which may be due. An extension of time for filing any return granted by the Internal Revenue Service shall operate as an extension under this section.
(2) An extension for the filing of the return of corporate income taxes imposed by section 77-2734.02 shall be allowed any corporation or other entity taxed as a corporation if, in such manner and at such time as the Tax Commissioner may by regulation prescribe, there is filed on behalf of such corporation the form prescribed by the Tax Commissioner and if such corporation pays, on or before the date prescribed for payment of the tax determined without regard to any extension of time for filing such return, the amount properly estimated as its tax; but this extension may be terminated at any time by the Tax Commissioner by mailing to the taxpayer notice of such termination at least ten days prior to the date for termination fixed in such notice. No extension of time for filing any corporate return shall be considered an extension of time for payment of corporate income tax unless such request is specifically filed with and granted by the Tax Commissioner.
The Tax Commissioner may grant reasonable additional extensions of time to file any corporate income tax return on such terms and conditions as he or she may require.
(3) If any extension of time is granted for payment of any amount of tax, the Tax Commissioner may require the taxpayer to furnish a bond or other security in an amount not exceeding twice the amount of the tax for which the extension of time for payment is granted, on such terms and conditions as the Tax Commissioner may require.
Source
Laws 1967, c. 487, § 70, p. 1602;
Laws 1969, c. 692, § 2, p. 2686;
Laws 1984, LB 962, § 26;
Laws 1985, LB 344, § 7;
Laws 1995, LB 134, § 5.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2770.01 - Income tax; return; extension; provisions effective after January 1, 1969.

77-2770.01.
Income tax; return; extension; provisions effective after January 1, 1969.
The provisions of sections 77-2768 and 77-2770 shall become operative for all taxable years commencing on and after January 1, 1969.
Source
Laws 1969, c. 692, § 3, p. 2687.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2771 - Income tax; return, declaration, statement, signature; effect.

77-2771.
Income tax; return, declaration, statement, signature; effect.
(1) Any return, declaration, statement or other document required to be made pursuant to the income tax provisions of the Nebraska Revenue Act of 1967 shall be signed in accordance with regulations or instructions prescribed by the Tax Commissioner. The fact that an individual's name is signed to a return, declaration, statement or other document, shall be prima facie evidence for all purposes that the return, declaration, statement or other document was actually signed by him, and that said individual was authorized to sign the return, declaration, statement or other document.
(2) The making or filing of any return, declaration, statement, or other document or copy of a federal return, shall constitute a certification by the person making or filing such return, declaration, statement or other document or copy thereof that the statements contained therein are true and that any copy filed is a true copy.
Source
Laws 1967, c. 487, § 71, p. 1602.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-2772 - Income tax; Tax Commissioner; records, form of returns.

77-2772.
Income tax; Tax Commissioner; records, form of returns.
The Tax Commissioner may prescribe regulations as to the keeping of records, the content and form of returns and statements, and the filing of copies of federal income returns, or portions thereof as filed with the Internal Revenue Service, and determinations, except that such requirements may be waived if such information can be received from another state or federal agency. The Tax Commissioner may require by regulation or notice the making of such returns, rendering of such statements, or keeping of such records as the Tax Commissioner may deem sufficient to show whether or not there is liability for tax or for the collection of tax.
Source
Laws 1967, c. 487, § 72, p. 1603;
Laws 1985, LB 273, § 61;
Laws 1987, LB 523, § 27.