reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1114 - Tax credit; not refundable or transferable; allocation; carry forward.

77-1114.
Tax credit; not refundable or transferable; allocation; carry forward.
No tax credit claimed under the New Markets Job Growth Investment Act shall be refundable or transferable. Tax credits earned by a partnership, limited liability company, subchapter S corporation, or other pass-through entity may be allocated to the partners, members, or shareholders of such entity for their direct use in accordance with any agreement among such partners, members, or shareholders. Any amount of tax credit that the taxpayer is prohibited from claiming in a taxable year may be carried forward to any of the taxpayer's five subsequent taxable years.
Source
Laws 2012, LB1128, § 14.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1115 - Tax Commissioner; limit tax credit utilization.

77-1115.
Tax Commissioner; limit tax credit utilization.
The Tax Commissioner shall limit the monetary amount of qualified equity investments permitted under the New Markets Job Growth Investment Act to a level necessary to limit tax credit utilization in any fiscal year at no more than fifteen million dollars of new tax credits, exclusive of tax credits acquired with respect to qualified equity investments issued under the 2021 allocation. Such limitation on qualified equity investments shall be based on the anticipated utilization of credits without regard to the potential for taxpayers to carry forward tax credits to later tax years.
Source
Laws 2012, LB1128, § 15;
Laws 2021, LB682, § 7.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1117 - Recapture of tax credit.

77-1117.
Recapture of tax credit.
The Tax Commissioner shall recapture, from the taxpayer that claimed the credit on a return, the tax credit allowed under the New Markets Job Growth Investment Act if:
(1) Any amount of the federal tax credit available with respect to a qualified equity investment that is eligible for a tax credit under this section is recaptured under section 45D of the Internal Revenue Code of 1986, as amended. In such case the state's recapture shall be proportionate to the federal recapture with respect to such qualified equity investment;
(2) The issuer redeems or makes principal repayment with respect to a qualified equity investment prior to the seventh credit allowance date. In such case recapture shall be proportionate to the amount of the redemption or repayment with respect to such qualified equity investment; or
(3) The issuer fails to invest and satisfy the requirements of subdivision (1)(b) of section 77-1110 and maintain such level of investment in qualified low-income community investments in Nebraska until the last credit allowance date for the qualified equity investment. For purposes of this section, an investment shall be considered held by an issuer even if the investment has been sold or repaid if the issuer reinvests an amount equal to the capital returned to or recovered by the issuer from the original investment, exclusive of any profits realized, in another qualified low-income community investment within twelve months of the receipt of such capital. With respect to the 2021 allocation, amounts received periodically by a qualified community development entity shall be treated as maintained in qualified low-income community investments if the amounts are reinvested in one or more qualified low-income community investments by the end of the following calendar year. An issuer shall not be required to reinvest capital returned from qualified low-income community investments after the sixth credit allowance date, the proceeds of which were used to make the qualified low-income community investment, and the qualified low-income community investment shall be considered held by the issuer through the seventh credit allowance date.
Source
Laws 2012, LB1128, § 17;
Laws 2021, LB682, § 9.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1118 - Recapture of tax credit; notice of noncompliance; cure period.

77-1118.
Recapture of tax credit; notice of noncompliance; cure period.
The enforcement of section 77-1117 shall be subject to a six-month cure period. No recapture under section 77-1117 shall occur until the qualified community development entity has been given notice of noncompliance and afforded six months from the date of such notice to cure the noncompliance.
Source
Laws 2012, LB1128, § 18.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1119 - Tax Commissioner; issue letter rulings; request; refusal to issue for good cause; letter ruling; effect.

77-1119.
Tax Commissioner; issue letter rulings; request; refusal to issue for good cause; letter ruling; effect.
(1) The Tax Commissioner shall issue letter rulings regarding the tax credit program authorized under the New Markets Job Growth Investment Act subject to the terms and conditions set forth in rules and regulations.
(2) The Tax Commissioner shall respond to a request for a letter ruling within sixty days after receipt of such request. The applicant may provide a draft letter ruling for the Tax Commissioner's consideration. The applicant may withdraw the request for a letter ruling, in writing, prior to the issuance of the letter ruling. The Tax Commissioner may refuse to issue a letter ruling for good cause, but shall list the specific reasons for refusing to issue the letter ruling. Good cause includes, but is not limited to:
(a) The applicant requests the Tax Commissioner to determine whether a statute is constitutional or a rule or regulation is lawful;
(b) The request involves a hypothetical situation or alternative plans;
(c) The facts or issues presented in the request are unclear, overbroad, insufficient, or otherwise inappropriate as a basis upon which to issue a letter ruling; or
(d) The issue is currently being considered in a rulemaking procedure, contested case, or other agency or judicial proceeding that may definitely resolve the issue.
(3) A letter ruling shall bind the Tax Commissioner until such time as the taxpayer or its shareholders, members, or partners, as applicable, claim all of such tax credits on a tax return which is the topic of the letter ruling, subject to the terms and conditions set forth in rules and regulations. The letter ruling shall apply only to the applicant.
(4) In rendering letter rulings and making other determinations under this section, to the extent applicable, the Tax Commissioner shall look for guidance to section 45D of the Internal Revenue Code of 1986, as amended, and the regulations issued thereunder. The Tax Commissioner may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2012, LB1128, § 19.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1120 - Qualified community development entity; report to Tax Commissioner; Tax Commissioner; report to Legislature.

77-1120.
Qualified community development entity; report to Tax Commissioner; Tax Commissioner; report to Legislature.
(1) A qualified community development entity that has received an allocation of qualified equity investment authority pursuant to the 2021 allocation shall submit an annual report to the Tax Commissioner on or before the last day of February following the second through seventh credit allowance dates. The annual report shall provide documentation as to the qualified community development entity's qualified low-income community investments and include all of the following:
(a) A bank statement evidencing each qualified low-income community investment;
(b) The name, location, and industry of each qualified active low-income community business receiving a qualified low-income community investment; and
(c) The number of jobs created or retained as a result of each qualified low-income community investment.
(2) The Tax Commissioner shall electronically submit a report to the Legislature on or before April 1, 2022, and on or before each April 1 thereafter through April 1, 2028, with respect to the 2021 allocation. The report shall include all of the following:
(a) The name and number of all of the qualified community development entities approved to participate in the 2021 allocation;
(b) The amount of qualified low-income community investments made by the qualified community development entities;
(c) The location of each qualified active low-income community business; and
(d) The number of jobs created or retained as a result of each qualified low-income community investment.
Source
Laws 2021, LB682, § 10.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1202 - Tangible personal property; where listed and assessed.

77-1202.
Tangible personal property; where listed and assessed.
Taxable tangible personal property shall be listed and assessed where it has acquired tax situs as defined in section 77-125.
Source
Laws 1903, c. 73, § 29, p. 395;
R.S.1913, § 6314;
Laws 1917, c. 117, § 1, p. 291;
C.S.1922, § 5915;
C.S.1929, § 77-1402;
R.S.1943, § 77-1202;
Laws 1961, c. 380, § 1, p. 1168;
Laws 1965, c. 483, § 2, p. 1561;
Laws 1969, c. 664, § 1, p. 2585;
Laws 1972, LB 1100, § 2;
Laws 1987, LB 508, § 29;
Laws 1992, LB 1063, § 93;
Laws 1992, Second Spec. Sess., LB 1, § 66;
Laws 1997, LB 270, § 46;
Laws 1997, LB 271, § 49.
Annotations
This section, and others cited by plaintiffs, provide rules to determine situs for taxation of personal property and do not provide for transfer of tax funds from one school district to another. Sesemann v. Howell, 195 Neb. 798, 241 N.W.2d 119 (1976).
This section states the general rule where personal property shall be listed and assessed. Svoboda & Hannah v. Board of Equalization of Perkins County, 180 Neb. 215, 142 N.W.2d 328 (1966).
Personal property is assessed where owner resides, except that property having a local situs is assessed at that situs. Ramm v. County of Holt, 172 Neb. 88, 108 N.W.2d 808 (1961); Goebel v. County of Holt, 172 Neb. 81, 108 N.W.2d 406 (1961).
Cited in discussion of taxability of intangible property of foreign corporation. International Harvester Co. v. County of Douglas, 146 Neb. 555, 20 N.W.2d 620 (1945).
This section does not apply to listing of intangible property. Joyce Lumber Co. v. Anderson, 125 Neb. 886, 252 N.W. 394 (1934).
Where a corporation operates lumber stations in several counties, each station is assessed as an independent business. Nye-Schneider-Fowler Co. v. Boone County, 102 Neb. 742, 169 N.W. 436 (1918); Nye-Schneider-Fowler Co. v. Boone County, 99 Neb. 383, 156 N.W. 773 (1916).
Levy of tax by Sarpy County upon personal property in Douglas County was illegal. Hydraulic Press Brick Co. v. Douglas County, 95 Neb. 87, 144 N.W. 1058 (1914).
Credits of a partnership, which maintains but one office in Nebraska, are subject to taxation where office is located. Clay, Robinson & Co. v. Douglas County, 88 Neb. 363, 129 N.W. 548 (1911).
The owner of personal property, within meaning of tax laws, is the person who has legal title thereto. Union Stock Yards Nat. Bank v. Board of Thurston County, 65 Neb. 410, 92 N.W. 1022 (1902).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1202.01 - Tax lists; how prepared.

77-1202.01.
Tax lists; how prepared.
In preparing the tax list, each county assessor shall enter in a separate column, opposite the name of each person, the person's post office address and the number of the school and road districts in which the taxable tangible personal property of such person is assessable.
Source
Laws 1903, c. 73, § 26, p. 393;
R.S.1913, § 6311;
Laws 1921, c. 133, art. IV, § 5, p. 552;
C.S.1922, § 5837;
C.S.1929, § 77-405;
R.S.1943, § 77-406;
R.S.1943, (1986), § 77-406;
Laws 1990, LB 821, § 44;
Laws 2008, LB965, § 4.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1210 - Taxable tangible personal property in transit; where listed and assessed.

77-1210.
Taxable tangible personal property in transit; where listed and assessed.
Taxable tangible personal property in transit shall be listed and assessed in the tax district where the owner resides, but if such property is intended for a business, it shall be listed and assessed in the tax district where the property of such business is required to be listed.
Source
Laws 1903, c. 73, § 36, p. 396;
R.S.1913, § 6321;
C.S.1922, § 5922;
C.S.1929, § 77-1409;
R.S.1943, § 77-1210;
Laws 2000, LB 968, § 42;
Laws 2008, LB965, § 5.
Annotations
Legislature has provided that situs of personal property of kind described in this section shall control over residence and domicile of owner. International Harvester Co. v. County of Douglas, 146 Neb. 555, 20 N.W.2d 620 (1945).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1211 - Tangible personal property brought into state after December 31 and prior to July 1; where listed and assessed.

77-1211.
Tangible personal property brought into state after December 31 and prior to July 1; where listed and assessed.
When any person brings taxable tangible personal property into this state or into one county thereof from another county after 12:01 a.m. on January 1 and prior to July 1 in any year, it shall be the duty of the owner, within thirty days after July 1, to list and return such property for taxation for the current tax year unless he or she shows to the county assessor under oath and by producing a copy of the listing or assessment duly certified to by the proper officer of the state or county that the property was listed for taxation for the current tax year in some other county in this state or in some other state or territory of the United States or that such property has been received by him or her in exchange for money or property already listed for taxation for the current tax year. The county assessor shall at once assess such property and shall enter the same on the tax roll.
Source
Laws 1903, c. 73, § 37, p. 397;
R.S.1913, § 6322;
C.S.1922, § 5923;
C.S.1929, § 77-1410;
R.S.1943, § 77-1211;
Laws 1947, c. 250, § 14, p. 792;
Laws 1947, c. 251, § 20, p. 817;
Laws 1955, c. 288, § 13, p. 908;
Laws 1959, c. 355, § 12, p. 1257;
Laws 1961, c. 381, § 5, p. 1172;
Laws 1986, LB 817, § 7;
Laws 1992, LB 1063, § 96;
Laws 1992, Second Spec. Sess., LB 1, § 69;
Laws 1997, LB 270, § 47.
Annotations
Colonies of honeybees which were not in existence on January 1, which are brought into Nebraska from another state before July 1, are not subject to assessment in Nebraska where their progenitors were taxed for that year in another state. Knoefler Honey Farms v. County of Sherman, 196 Neb. 435, 243 N.W.2d 760 (1976).
Industrial Development Act of 1961 did not subject property to taxation to same extent as this section. State ex rel. Meyer v. County of Lancaster, 173 Neb. 195, 113 N.W.2d 63 (1962).
This section has no application to the listing and assessing of motor vehicles. Peterson v. Hancock, 166 Neb. 637, 90 N.W.2d 298 (1958).
Under former act to avoid assessment of property found in possession of party between April 1 and July 1, showing must be made that property has been already assessed or obtained in exchange for property listed. Courtright v. Dodge County, 94 Neb. 669, 144 N.W. 241 (1913).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1214 - Taxable tangible personal property; attempted sale, levy, or removal; notice to treasurer; collection of taxes due; acceleration of due date; issuance of distress warrants.

77-1214.
Taxable tangible personal property; attempted sale, levy, or removal; notice to treasurer; collection of taxes due; acceleration of due date; issuance of distress warrants.
It shall be the duty of any county assessor, sheriff, constable, city council member, and village trustee to at once inform the county treasurer of the making or attempted making of any sale, levy of attachment, or removal of taxable tangible personal property known to him or her. It shall be the duty of the county treasurer to forthwith proceed with the collection of the tax when such acts become known to him or her in any manner. Any personal property tax shall be due and collectible, including all taxable tangible personal property then assessed upon which the tax shall be computed on the basis of the last preceding levy, and a distress warrant shall be issued when (1) any person attempts to sell all or a substantial part of his or her taxable tangible personal property, (2) a levy of attachment is made upon taxable tangible personal property, or (3) a person attempts to remove or removes taxable tangible personal property from the county.
Source
Laws 1903, c. 73, § 39, p. 397;
R.S.1913, § 6324;
C.S.1922, § 5925;
C.S.1929, § 77-1412;
R.S.1943, § 77-1214;
Laws 1957, c. 321, § 2, p. 1141;
Laws 1959, c. 365, § 5, p. 1286;
Laws 1997, LB 270, § 48;
Laws 2008, LB965, § 6.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1219 - Taxable tangible personal property; assessment certificate; county assessor; duties.

77-1219.
Taxable tangible personal property; assessment certificate; county assessor; duties.
It shall be the duty of the county assessor, when required by any person, to give a certificate of assessment of taxable tangible personal property showing the amount, kind, location, and net book value of the property assessed, and such certificate shall be evidence of the legal assessment of such property for the year.
Source
Laws 1903, c. 73, § 45, p. 399;
R.S.1913, § 6330;
C.S.1922, § 5931;
C.S.1929, § 77-1418;
R.S.1943, § 77-1219;
Laws 1947, c. 250, § 15, p. 793;
Laws 1947, c. 251, § 22, p. 818;
Laws 1977, LB 39, § 215;
Laws 1987, LB 508, § 34;
Laws 1992, LB 1063, § 97;
Laws 1992, Second Spec. Sess., LB 1, § 70;
Laws 1997, LB 270, § 49;
Laws 2008, LB965, § 7.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1229 - Tangible personal property; form of return; time of filing; exemption; procedure.

77-1229.
Tangible personal property; form of return; time of filing; exemption; procedure.
(1) Every person required by section 77-1201 to list and value taxable tangible personal property shall list such property upon the forms prescribed by the Tax Commissioner. The forms shall be available from the county assessor and when completed shall be signed by each person or his or her agent and be filed with the county assessor. The forms shall be filed on or before May 1 of each year.
(2) Any person seeking a personal property exemption pursuant to subsection (2) of section 77-4105, the Nebraska Advantage Act, or the ImagiNE Nebraska Act shall annually file a copy of the forms required pursuant to section 77-4105 or the act with the county assessor in each county in which the person is requesting exemption. The copy shall be filed on or before May 1. Failure to timely file the required forms shall cause the forfeiture of the exemption for the tax year. If a taxpayer pursuant to this subsection also has taxable tangible personal property, such property shall be listed and valued as required under subsection (1) of this section.
Source
Laws 1903, c. 73, § 49, p. 399;
Laws 1909, c. 111, § 1, p. 437;
R.S.1913, § 6336;
C.S.1922, § 5938;
C.S.1929, § 77-1425;
R.S.1943, § 77-1229;
Laws 1947, c. 250, § 16, p. 793;
Laws 1947, c. 251, § 26, p. 819;
Laws 1959, c. 355, § 16, p. 1260;
Laws 1959, c. 365, § 8, p. 1289;
Laws 1959, c. 367, § 1, p. 1296;
Laws 1969, c. 665, § 1, p. 2587;
Laws 1987, LB 508, § 35;
Laws 1992, LB 1063, § 98;
Laws 1992, Second Spec. Sess., LB 1, § 71;
Laws 1995, LB 490, § 92;
Laws 1997, LB 270, § 50;
Laws 2000, LB 968, § 43;
Laws 2005, LB 312, § 5;
Laws 2007, LB334, § 52;
Laws 2020, LB1107, § 124.
Cross References
ImagiNE Nebraska Act, see section 77-6801.
Nebraska Advantage Act, see section 77-5701.
Annotations
Timely filing of tax return in the year 1959 was precluded by legislative changing during year of time to file tax return. Misle v. Miller, 176 Neb. 113, 125 N.W.2d 512 (1963).
Lessee of improvements placed on public land is required to list property. Offutt Housing Co. v. County of Sarpy, 160 Neb. 320, 70 N.W.2d 382 (1955).
Agent required to list property is treated as taxpayer. International Harvester Co. v. County of Douglas, 146 Neb. 555, 20 N.W.2d 620 (1945).
Oath should be administered to everyone listing property, but failure so to do will not render assessment void. Lynam v. Anderson, 9 Neb. 367, 2 N.W. 732 (1879).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1229.01 - Personal property; return; filing improperly signed; procedure.

77-1229.01.
Personal property; return; filing improperly signed; procedure.
If any listing of personal property required to be filed under section 77-1229 is filed by or on behalf of any person and is not signed as required by law, the county assessor shall notify the person in writing of the fact of such filing and that he or she is required, on or before the last date for filing the statement or within ten days from the date of such notice, whichever is later, to appear and sign such statement or to file a properly signed corrected statement and that, upon failure to do so, the unsigned statement shall be presumed to be correct.
Source
Laws 1963, c. 437, § 1, p. 1454;
Laws 1992, LB 1063, § 99;
Laws 1992, Second Spec. Sess., LB 1, § 72.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1230 - Taxable tangible personal property; amended listing; when required; county assessor; duties; refund; additional tax due.

77-1230.
Taxable tangible personal property; amended listing; when required; county assessor; duties; refund; additional tax due.
(1) Whenever a person files an amended federal income tax return or whenever a person's return is changed or corrected by the Internal Revenue Service or other competent authority and the amendment, change, or correction affects the Nebraska adjusted basis of the person's taxable tangible personal property, such person shall file an amended list of taxable tangible personal property subject to taxation with the county assessor. The person shall file the amended list within ninety days after the filing of the amended federal return or within ninety days after the date the change or correction becomes final.
(2) Within the same tax year or the three previous tax years, a person may file an amended list of taxable tangible personal property subject to taxation upon discovery of errors or omissions on his or her filed list.
(3) If an amended list of taxable tangible personal property subject to taxation is filed, the county assessor shall accept or reject the proposed amendment within fifteen days after filing. The county assessor shall notify the person, on a form prescribed by the Property Tax Administrator, of the action taken, the penalty, if any, and the rate of interest. The notice shall also state the person's appeal rights and appeal procedures, which shall be the same as provided in section 77-1233.06. Such notice shall be given by first-class mail addressed to such person's last-known address.
(4) Whenever changes are made to a taxable tangible personal property return pursuant to this section, the county assessor shall correct the assessment roll and tax list, if necessary, to reflect such changes.
(5) If the amendment, change, or correction results in taxable tangible personal property becoming exempt or reduces the net book value of the property for an income tax year, a refund shall be paid pursuant to section 77-1734.01.
(6) If the amendment, change, or correction results in an increase in the net book value of the taxable tangible personal property or makes other tangible personal property taxable, the county assessor shall compute the additional tax due, along with interest, based on the amended listing. Interest shall be computed from the dates the tax would have been delinquent if the property had been listed on or before May 1 of the appropriate year. If the amended listing is filed within the ninety-day period, no additional penalties shall be added. If the listing is not filed within the ninety-day period, the property shall be subject to a penalty pursuant to subsection (4) of section 77-1233.04.
Source
Laws 1992, LB 1063, § 95;
Laws 1992, Second Spec. Sess., LB 1, § 68;
Laws 1997, LB 270, § 51;
Laws 2008, LB965, § 8.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1232 - Personal property; failure to list; false listing; evasion of tax; penalty.

77-1232.
Personal property; failure to list; false listing; evasion of tax; penalty.
Any person who makes a false or fraudulent list, schedule, or statement required by law or willfully fails or refuses to deliver to the assessor a list of the taxable tangible personal property which by law is required to be listed, or temporarily converts any part of such property into property not taxable, for the fraudulent purpose of preventing such property from being listed and of evading the payment of taxes thereon, or transfers or transmits any property to any person with such intent, shall be guilty of a Class IV misdemeanor for any such offense committed for any tax year prior to tax year 1993 and a Class II misdemeanor for any such offense committed for tax year 1993 or thereafter.
Source
Laws 1903, c. 73, § 53, p. 402;
R.S.1913, § 6340;
C.S.1922, § 5942;
C.S.1929, § 77-1429;
R.S.1943, § 77-1232;
Laws 1947, c. 250, § 17, p. 793;
Laws 1959, c. 365, § 9, p. 1289;
Laws 1977, LB 39, § 219;
Laws 1992, LB 1063, § 100;
Laws 1992, Second Spec. Sess., LB 1, § 73.
Annotations
Failure to comply with this section cannot be excused by an unsupported assertion of the constitutional privilege against self-incrimination. State v. Soester, 199 Neb. 477, 259 N.W.2d 921 (1977).
Two separate criminal penalties were provided for falsely and willfully failing to return intangible property for taxation. Bachus v. Swanson, 179 Neb. 1, 136 N.W.2d 189 (1965).
False oath, administered by assessor who has not taken oath or given bond, constitutes false swearing. Brunke v. State, 105 Neb. 343, 180 N.W. 560 (1920).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1233 - Personal property; statement required on return; signature by taxpayer.

77-1233.
Personal property; statement required on return; signature by taxpayer.
Each schedule or statement required by law to be filed with respect to taxation of personal property shall have the following printed thereon and signed by the taxpayer or his agent:
Taxpayer or Agent—I declare that this (schedule or return) and any accompanying schedule and statements have been examined by me and to the best of my knowledge and belief are a true, correct, and complete return.
Source
Laws 1903, c. 73, § 53, p. 402;
R.S.1913, § 6340;
C.S.1922, § 5942;
C.S.1929, § 77-1429;
R.S.1943, § 77-1233;
Laws 1959, c. 365, § 10, p. 1289;
Laws 1961, c. 377, § 5, p. 1158.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1233.02 - Taxable tangible personal property tax returns; county assessor; duties.

77-1233.02.
Taxable tangible personal property tax returns; county assessor; duties.
The county assessor with the aid of his or her deputy and assistants shall carefully examine, check, and verify all taxable tangible personal property tax returns. The assessor may make such investigation, examination, and inspection of the property set out in a return and examine under oath the person making the return as to his or her books, records, and papers in order to enable the assessor to determine that all taxable tangible personal property of the taxpayer is listed for taxation at its net book value.
Source
Laws 1947, c. 250, § 39, p. 804;
Laws 1987, LB 508, § 9;
R.S.Supp.,1988, § 77-409;
Laws 1990, LB 821, § 45;
Laws 1992, LB 1063, § 101;
Laws 1992, Second Spec. Sess., LB 1, § 74;
Laws 1997, LB 270, § 52;
Laws 2008, LB965, § 9.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1233.03 - Assessment of taxable tangible personal property; county assessor; duties.

77-1233.03.
Assessment of taxable tangible personal property; county assessor; duties.
The county assessor shall have general supervision over and direction of the assessment of all personal property in his or her county. He or she shall advise and instruct all deputies and assistants as to their duties and shall require of them that the assessment of property be uniform throughout the county and that property be assessed as directed by law.
The county assessor may, in extending a value on any item of taxable tangible personal property, reject all values that fall below two dollars and fifty cents and extend all values of two dollars and fifty cents or more to the next higher five dollars or multiples thereof, making all valuations end in zero or five.
Source
Laws 1947, c. 250, § 40, p. 804;
Laws 1987, LB 508, § 10;
R.S.Supp.,1988, § 77-410;
Laws 1990, LB 821, § 46;
Laws 2008, LB965, § 10.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1234 - Violations; duty of officers upon discovery.

77-1234.
Violations; duty of officers upon discovery.
It shall be the duty of the county boards and county assessors to notify the county attorney of the proper county of all willful violations of the provisions with respect to listing of taxable tangible personal property for taxation known to them or any of them.
Source
Laws 1903, c. 73, § 54, p. 403;
Laws 1909, c. 111, § 1, p. 439;
R.S.1913, § 6341;
C.S.1922, § 5943;
C.S.1929, § 77-1430;
R.S.1943, § 77-1234;
Laws 1947, c. 250, § 18, p. 794;
Laws 1997, LB 397, § 11;
Laws 2004, LB 973, § 16;
Laws 2008, LB965, § 13.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1236 - Personal property; taxpayer; inspection by county assessor; authorized; subpoena; disobedience; contempt proceedings; confidentiality.

77-1236.
Personal property; taxpayer; inspection by county assessor; authorized; subpoena; disobedience; contempt proceedings; confidentiality.
For the purpose of determining the net book value of any property, the county assessor shall have the right to demand of the owner or his or her agent or employee an inspection of the following for the year preceding assessment: Inventories; all books of accounts; depreciation schedules filed with the Internal Revenue Service; and workpapers, worksheets, or any other item prepared by or for a taxpayer and not filed with the Internal Revenue Service. If the owner, agent, or employee refuses such demand, the county assessor shall have authority to issue subpoenas to compel the appearance of such owner or agent and employee, together with such papers, books, accounts, and documents as the county assessor may deem necessary, and at such time the county assessor may administer oaths and take testimony. In case of disobedience on the part of any person to comply with any subpoena issued by or on behalf of the county assessor or of the refusal of any witness to testify on any matters regarding which he or she may be lawfully interrogated, it shall be the duty of the district court for any county or of the judge thereof, on application by the county assessor, to compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.
All documentation provided by the owner or owner's agent or employee pursuant to this section shall be confidential and available to taxing officials only.
Source
Laws 1903, c. 73, § 57, p. 404;
R.S.1913, § 6344;
C.S.1922, § 5945;
C.S.1929, § 77-1432;
R.S.1943, § 77-1236;
Laws 1959, c. 365, § 12, p. 1290;
Laws 1992, LB 1063, § 104;
Laws 1992, Second Spec. Sess., LB 1, § 77;
Laws 1997, LB 270, § 56.
Annotations
Inventory of merchant may be considered in determining value of personal property. L. J. Messer Co. v. Board of Equalization of Jefferson County, 171 Neb. 393, 106 N.W.2d 478 (1960).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1237 - Personal Property Tax Relief Act; act, how cited.

77-1237.
Personal Property Tax Relief Act; act, how cited.
Sections 77-1237 to 77-1239 shall be known and may be cited as the Personal Property Tax Relief Act.
Source
Laws 2015, LB259, § 1.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1238 - Exemption from taxation; Property Tax Administrator; duties.

77-1238.
Exemption from taxation; Property Tax Administrator; duties.
(1) For tax years prior to tax year 2020, every person who is required to list his or her taxable tangible personal property as defined in section 77-105, as required under section 77-1229, shall receive an exemption from taxation for the first ten thousand dollars of valuation of his or her tangible personal property in each tax district as defined in section 77-127 in which a personal property return is required to be filed. Failure to report tangible personal property on the personal property return required by section 77-1229 shall result in a forfeiture of the exemption for any tangible personal property not timely reported for that year.
(2) For tax years prior to tax year 2020, the Property Tax Administrator shall reduce the value of the tangible personal property owned by each railroad, car line company, public service entity, and air carrier by a compensating exemption factor to reflect the exemption allowed in subsection (1) of this section for all other personal property taxpayers. The compensating exemption factor is calculated by multiplying the value of the tangible personal property of the railroad, car line company, public service entity, or air carrier by a fraction, the numerator of which is the total amount of locally assessed tangible personal property that is actually subjected to property tax after the exemption allowed in subsection (1) of this section, and the denominator of which is the net book value of locally assessed tangible personal property prior to the exemptions allowed in subsection (1) of this section.
Source
Laws 2015, LB259, § 2;
Laws 2020, LB1107, § 125.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1244 - Taxation of air carriers; definitions.

77-1244.
Taxation of air carriers; definitions.
As used in sections 77-1244 to 77-1246:
(1) The term air carrier means any person, firm, partnership, limited liability company, corporation, association, trustee, receiver, or assignee and all other persons, whether or not in a representative capacity, undertaking to engage in the carriage of persons or cargo for hire by aircraft. Any air carrier as herein defined engaged solely in intrastate transportation, whose flight equipment is based at only one airport within the state, shall be excepted from taxation under this section, but shall be subject to taxation in the same manner as other locally assessed property;
(2) The term aircraft arrivals and departures means (a) the number of scheduled landings and takeoffs of the aircraft of an air carrier, (b) the number of scheduled air pickups and deliveries by the aircraft of such carrier, and (c) in the case of nonscheduled operations, shall include all landings and takeoffs, pickups, and deliveries;
(3) The term flight equipment means aircraft fully equipped for flight and used within the continental limits of the United States;
(4) The term originating revenue means revenue to an air carrier from the transportation of revenue passengers and revenue cargo exclusive of the revenue derived from the transportation of express or mail; and
(5) The term revenue tons handled by an air carrier means the weight in tons of revenue passengers and revenue cargo received and discharged as originating or terminating traffic.
Source
Laws 1947, c. 266, § 1, p. 858;
Laws 1949, c. 231, § 5, p. 641;
Laws 1993, LB 121, § 495.
Annotations
Tax on flight equipment did not violate federal Constitution. Mid-Continent Airlines v. State Board of Equalization & Assessment, 157 Neb. 425, 59 N.W.2d 746 (1953).
Validity of tax on airplane flight equipment challenged, but appeal dismissed on other grounds. Mid-Continent Airlines, Inc. v. State Board of Equalization and Assessment, 154 Neb. 371, 48 N.W.2d 81 (1951).
Flight equipment used in interstate commerce was not immune from tax. Braniff Airways v. Nebraska State Board of Equalization & Assessment, 347 U.S. 590 (1954).
Federal court would not enjoin payment of tax where adequate state remedy to test validity of statute existed. Mid-Continent Airlines v. Nebraska State Board of Equalization, 105 F.Supp. 188 (D. Neb. 1952).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1245 - Taxation of air carriers; assessment; collection; disbursement; allocation to this state; petition to Property Tax Administrator, when.

77-1245.
Taxation of air carriers; assessment; collection; disbursement; allocation to this state; petition to Property Tax Administrator, when.
Any tax upon or measured by the value of flight equipment of air carriers incorporated or doing business in this state shall be assessed, collected by the Property Tax Administrator, and disbursed as provided in section 77-1250. The proportion of flight equipment allocated to this state for purposes of taxation shall be the arithmetical average of the following three ratios: (1) The ratio which the aircraft arrivals and departures within this state scheduled by such air carrier during the preceding calendar year bears to the total aircraft arrivals and departures within and without this state scheduled by such carrier during the same period, except that in the case of nonscheduled operations all arrivals and departures shall be substituted for scheduled arrivals and departures; (2) the ratio which the revenue tons handled by such air carrier at airports within this state during the preceding calendar year bears to the total revenue tons handled by such carrier at airports within and without this state during the same period; and (3) the ratio which such air carrier's originating revenue within this state for the preceding calendar year bears to the total originating revenue of such carrier within and without this state for the same period.
If allocation in accordance with the provisions of this section does not fairly represent the proportion of flight equipment properly allocable to this state, the taxpayer may petition for, or the Property Tax Administrator may require, the inclusion of one or more additional ratios or the employment of any other method to effectuate an equitable allocation of the taxpayer's flight equipment for purposes of taxation.
Source
Laws 1947, c. 266, § 2, p. 859;
Laws 1965, c. 478, § 9, p. 1543;
Laws 1972, LB 625, § 1;
Laws 1995, LB 490, § 99.
Annotations
Levy of tax on allocation basis was constitutional. Mid-Continent Airlines v. State Board of Equalization & Assessment, 157 Neb. 425, 59 N.W.2d 746 (1953).
This section sets out basis of valuation upon which tax is laid. Mid-Continent Airlines v. Nebraska State Board of Equalization, 105 F.Supp. 188 (D. Neb. 1952).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1246 - Taxation of air carriers; real and personal property other than flight equipment.

77-1246.
Taxation of air carriers; real and personal property other than flight equipment.
Real property and personal property, except flight equipment, of an air carrier shall be taxed in the political subdivisions of the state in accordance with the applicable laws of this state.
Source
Laws 1947, c. 266, § 3, p. 860;
Laws 1965, c. 478, § 10, p. 1544.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1247 - Taxation of air carriers; annual report; contents; failure to furnish report or information; penalty; waiver.

77-1247.
Taxation of air carriers; annual report; contents; failure to furnish report or information; penalty; waiver.
(1) Each air carrier, as defined in section 77-1244, shall on or before June 1 in each year make to the Property Tax Administrator a report, in such form as may be prescribed by the Tax Commissioner, containing the information necessary to determine the value of its flight equipment and the proportion allocated to this state for purposes of taxation as provided in section 77-1246. For good cause shown, the Property Tax Administrator may allow an extension of time in which to file such report. Such extension shall not exceed thirty days after June 1.
(2) For each day's failure to furnish the report required by subsection (1) of this section or for each day's failure to furnish the information as required on the report, the air carrier may be assessed a penalty in the amount of one hundred dollars, except that the penalty shall not exceed ten thousand dollars. Such penalty shall be collected by the Tax Commissioner and credited to the Department of Revenue Property Assessment Division Cash Fund. The Tax Commissioner, in his or her discretion, may waive all or part of the penalty provided in this section.
Source
Laws 1949, c. 231, § 1, p. 641;
Laws 1965, c. 478, § 11, p. 1544;
Laws 1986, LB 817, § 8;
Laws 1995, LB 490, § 100;
Laws 1997, LB 270, § 59;
Laws 1999, LB 36, § 19;
Laws 2007, LB334, § 54.
Annotations
Each affected carrier is required to make report. Mid-Continent Airlines v. Nebraska State Board of Equalization, 105 F.Supp. 188 (D. Neb. 1952).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1248 - Taxation of air carriers; taxable value; allocation; Property Tax Administrator; duties.

77-1248.
Taxation of air carriers; taxable value; allocation; Property Tax Administrator; duties.
(1) The Property Tax Administrator shall ascertain from the reports made and from any other information obtained by him or her the taxable value of the flight equipment of air carriers and the proportion allocated to this state for the purposes of taxation as provided in section 77-1245.
(2)(a) In determining the taxable value of the flight equipment of air carriers pursuant to subsection (1) of this section, the Property Tax Administrator shall determine the following ratios:
(i) The ratio of the taxable value of all commercial and industrial depreciable tangible personal property in the state actually subjected to property tax to the market value of all commercial and industrial depreciable tangible personal property in the state; and
(ii) The ratio of the taxable value of flight equipment of air carriers to the market value of flight equipment of air carriers.
(b) If the ratio of the taxable value of flight equipment of air carriers exceeds the ratio of the taxable value of commercial and industrial depreciable tangible personal property by more than five percent, the Property Tax Administrator may adjust the value of such flight equipment of air carriers to the percentage of the taxable commercial and industrial depreciable tangible personal property pursuant to federal law applicable to air carrier transportation property or Nebraska federal court decisions applicable thereto.
(c) For purposes of this subsection, commercial and industrial depreciable tangible personal property means all personal property which is devoted to commercial or industrial use other than flight equipment of air carriers.
(3) For tax years prior to tax year 2020, the Property Tax Administrator shall multiply the valuation of each air carrier by the compensating exemption factor calculated in section 77-1238.
Source
Laws 1949, c. 231, § 2, p. 641;
Laws 1969, c. 669, § 1, p. 2591;
Laws 1992, LB 1063, § 109;
Laws 1992, Second Spec. Sess., LB 1, § 82;
Laws 1995, LB 490, § 101;
Laws 2015, LB259, § 8;
Laws 2015, LB261, § 7;
Laws 2020, LB1107, § 127.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1249 - Taxation of air carriers; tax rate; appeal.

77-1249.
Taxation of air carriers; tax rate; appeal.
The Property Tax Administrator shall, on or before January 15 each year, establish a tax rate for purposes of taxation against the taxable value as provided in section 77-1248 at a rate which shall be equal to the total property taxes levied in the state divided by the total taxable value of all taxable property in the state as certified pursuant to section 77-1613.01. The date when such tax rate is determined shall be deemed to be the levy date for the property. The Property Tax Administrator shall send to each air carrier a statement showing the taxable value, the tax rate, and the amount of the tax and a statement that the tax is due and payable to the Property Tax Administrator on January 31 next following the levy thereof. If an air carrier feels aggrieved, such carrier may, on or before February 15, file an appeal with the Tax Commissioner. The Tax Commissioner shall act upon the appeal and shall issue a written order mailed to the carrier within seven days after the date of the order. The order may be appealed within thirty days after the date of the order to the Tax Equalization and Review Commission in accordance with section 77-5013.
Source
Laws 1949, c. 231, § 3, p. 641;
Laws 1965, c. 478, § 12, p. 1544;
Laws 1969, c. 669, § 2, p. 2591;
Laws 1983, LB 193, § 9;
Laws 1992, LB 1063, § 110;
Laws 1992, Second Spec. Sess., LB 1, § 83;
Laws 1995, LB 490, § 102;
Laws 1997, LB 270, § 60;
Laws 2000, LB 968, § 45;
Laws 2004, LB 973, § 17;
Laws 2007, LB334, § 55.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1249.01 - Taxation of air carriers; delinquency; interest; collection.

77-1249.01.
Taxation of air carriers; delinquency; interest; collection.
One-half of the taxes levied and due under sections 77-1249 and 77-1250 shall become delinquent March 1, and the second half on July 1, next following the date the tax has become due.
All delinquent taxes shall draw interest from the date they become delinquent at a rate equal to the maximum rate of interest allowed per annum under section 45-104.01, as such rate may from time to time be adjusted by the Legislature, and the interest shall be collected and distributed the same as the tax on which the interest accrues. If such taxes and interest due thereon shall not have been paid on July 1 following the levy thereof, the Tax Commissioner shall collect the same by distress and sale of any property belonging to such delinquent person in like manner as required of county treasurers and county sheriffs in like cases.
Source
Laws 1983, LB 193, § 11;
Laws 1989, Spec. Sess., LB 7, § 4;
Laws 1995, LB 490, § 103;
Laws 1997, LB 270, § 61;
Laws 2007, LB334, § 56.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1250 - Taxation of air carriers; when due; lien; distribution to counties; collection fee.

77-1250.
Taxation of air carriers; when due; lien; distribution to counties; collection fee.
The tax levied pursuant to section 77-1249 shall, on January 31 next following the date of levy, be a first lien from that date on the personal property, both tangible and intangible, of the person assessed until the liability is satisfied or otherwise released or discharged. Such lien shall be filed and enforced pursuant to the Uniform State Tax Lien Registration and Enforcement Act. The Property Tax Administrator shall remit the tax paid to the State Treasurer, and the tax collected, less a three percent collection fee, shall be distributed to the counties to the credit of the county general fund proportionate to the amount the total property taxes levied in the county bears to the total property taxes levied in the state as a whole, as certified pursuant to section 77-1613.01. The collection fee shall be credited by the State Treasurer to the Department of Revenue Property Assessment Division Cash Fund.
Source
Laws 1949, c. 231, § 4, p. 641;
Laws 1965, c. 478, § 13, p. 1544;
Laws 1973, LB 132, § 3;
Laws 1979, LB 159, § 4;
Laws 1979, LB 187, § 203;
Laws 1980, LB 599, § 13;
Laws 1983, LB 193, § 10;
Laws 1986, LB 1027, § 202;
Laws 1995, LB 490, § 104;
Laws 1997, LB 270, § 62;
Laws 1999, LB 36, § 20;
Laws 2007, LB334, § 57.
Cross References
Uniform State Tax Lien Registration and Enforcement Act, see section 77-3901.