reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-802 - Property Tax Administrator; valuation; apportionment of tax.

77-802.
Property Tax Administrator; valuation; apportionment of tax.
The Property Tax Administrator shall apportion the total taxable value including the franchise value to all taxing subdivisions in proportion to the ratio of the original cost of all operating real and tangible personal property of that public service entity having a situs in that taxing subdivision to the original cost of all operating real and tangible personal property of that public service entity having a situs in the state.
If the apportionment in accordance with this section does not fairly represent the proportion of the taxable value, including franchise value properly allocable to the county, the taxpayer may petition for or the Property Tax Administrator may require the inclusion of any other method to effectuate an equitable allocation of the value of the public service entity for purposes of taxation.
On or before July 25, the Property Tax Administrator shall mail a draft appraisal to each public service entity as defined in section 77-801.01. On or before August 10, the Property Tax Administrator shall, by mail, notify each public service entity of its taxable value and the distribution of that value to the taxing subdivisions in which the entity has situs. On or before August 10, the Property Tax Administrator shall also certify to the county assessors the taxable value so determined.
Source
Laws 1921, c. 133, art. IX, § 2, p. 587;
C.S.1922, § 5891;
C.S.1929, § 77-802;
R.S.1943, § 77-802;
Laws 1983, LB 353, § 2;
Laws 1984, LB 835, § 6;
Laws 1985, LB 269, § 3;
Laws 1987, LB 508, § 26;
Laws 1995, LB 490, § 88;
Laws 1997, LB 270, § 40;
Laws 1998, LB 306, § 20;
Laws 2004, LB 973, § 14;
Laws 2012, LB727, § 31.
Annotations
Personal notice to taxpayer is not necessary where, on taxpayer's failure to make return, assessing board meets at time and place fixed by statute and makes original assessment. Northern Nebraska Power Co. v. Holt County, 120 Neb. 724, 235 N.W. 92 (1931).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-802.01 - County assessor; duties; lien.

77-802.01.
County assessor; duties; lien.
For purposes of certifying values pursuant to section 13-509, the county assessor shall include the public service entity value as certified by the Property Tax Administrator pursuant to section 77-802. The taxes so levied shall be included upon the personal property tax roll and be due and payable in the same manner as personal property taxes pursuant to sections 77-203 and 77-204. From the date the taxes are due and payable, the taxes shall be a first lien upon the personal property of the public service entity to whom assessed until paid. The procedure for the collection of any delinquent tax pursuant to this section shall be that used for the collection of personal property tax.
Source
Laws 1997, LB 270, § 41;
Laws 1998, LB 306, § 21;
Laws 2000, LB 968, § 40.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-802.02 - Public service entity; appeals.

77-802.02.
Public service entity; appeals.
On or before September 10, if a public service entity feels aggrieved, such public service entity may file an appeal with the Tax Commissioner. The Tax Commissioner shall act upon the appeal and shall issue a written order mailed to the entity 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 1997, LB 270, § 42;
Laws 2000, LB 968, § 41;
Laws 2004, LB 973, § 15;
Laws 2007, LB334, § 49.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-803 - Public service entity; failure to furnish statement or information; penalty; waiver.

77-803.
Public service entity; failure to furnish statement or information; penalty; waiver.
For each day's failure to furnish the statement required by section 77-801 or for each day's failure to furnish the information as required on those statements, the public service entity 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 1903, c. 73, § 77, p. 411;
Laws 1903, c. 73, § 81, p. 412;
Laws 1911, c. 104, § 9, p. 375;
R.S.1913, §§ 6367, 6371;
Laws 1921, c. 133, art. IX, § 3, p. 587;
C.S.1922, § 5892;
C.S.1929, § 77-803;
R.S.1943, § 77-803;
Laws 1986, LB 732, § 3;
Laws 1986, LB 817, § 6;
Laws 1995, LB 490, § 89;
Laws 1997, LB 270, § 43;
Laws 1999, LB 36, § 17;
Laws 2007, LB334, § 50.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-804 - Sale of entity; report required; penalty; waiver.

77-804.
Sale of entity; report required; penalty; waiver.
Any sale of a public service entity as defined in section 77-801.01 shall be reported by the purchaser to the Property Tax Administrator within thirty days from the date of the sale. The purchaser shall identify the seller, the date of the sale, any change in name of the entity, and the purchase price of the entity. If additional information regarding the sale is needed by the Property Tax Administrator, a specific written request shall be made. For each day's failure to furnish the information, an entity 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 may waive all or part of the penalty provided in this section.
Source
Laws 1987, LB 508, § 27;
Laws 1995, LB 490, § 90;
Laws 1997, LB 270, § 44;
Laws 1999, LB 36, § 18;
Laws 2007, LB334, § 51.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-907 - Terms, defined.

77-907.
Terms, defined.
As used in Chapter 77, article 9, unless the context otherwise requires:
(1) Domestic, foreign, and alien insurance companies shall have the meanings as set forth in section 44-103 and shall include reciprocal or interinsurance exchanges and their designated attorneys in fact as defined in Chapter 44, article 12;
(2) Department shall mean the Department of Insurance;
(3) Director shall mean the Director of Insurance;
(4) Premiums shall mean the consideration paid to insurance companies for insurance and shall include policy fees, assessments, dues, or other similar payments, except that premiums on all annuity contracts and pension, profit-sharing, individually sponsored retirement plans, and other pension plan contracts which are described in section 818(a) of the Internal Revenue Code shall be exempt from taxation;
(5) License shall mean certificate of authority as contemplated by section 44-105; and
(6) Direct writing shall mean insurance as defined in section 44-102, but shall not include reinsurance as defined in section 44-103.
Source
Laws 1951, c. 256, § 1, p. 878;
Laws 1965, c. 468, § 2, p. 1514;
Laws 1980, LB 905, § 1;
Laws 1986, LB 1114, § 9;
Laws 1988, LB 855, § 4;
Laws 1995, LB 574, § 65.
Annotations
Definition of insurance did not limit taxation to insurance policies. Bankers Life Ins. Co. v. Laughlin, 160 Neb. 480, 70 N.W.2d 474 (1955).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-910 - Computation of tax; forms; department furnish; audit of returns; erroneous payment; refund; limitation.

77-910.
Computation of tax; forms; department furnish; audit of returns; erroneous payment; refund; limitation.
(1) The computation of the taxes as provided in Chapter 77, article 9, shall be made on forms furnished by the Department of Insurance and shall be forwarded to the department together with a sworn statement by an appropriate fiscal officer of the company attesting the accuracy of the tax computation. The department shall furnish such forms to the companies together with any information relative to the taxes as may be needful or desirable. Upon receipt of the tax payment, the director shall audit and examine the computations and satisfy himself or herself that the taxes have been properly paid in conformity with Chapter 77, article 9.
(2) Commencing with taxes imposed for 1985 or any subsequent year, whenever it appears to the satisfaction of the director that, because of a mistake of fact, error in calculation, or erroneous interpretation of a statute not pertaining to the statute's constitutionality, any tax has been erroneously paid to the director, he or she shall have the authority to refund or credit the amount of such erroneous overpayment. The refund or credit may be made by applying such amount towards the payment of other similar taxes already due or which may become due until such overpayment has been fully reimbursed. A claim for refund or credit of an overpayment of a tax caused by a mistake of fact, error in calculation, or erroneous interpretation of a statute not pertaining to the statute's constitutionality shall be filed by the taxpayer within one year from the date the overpayment was made or such claim shall be forever barred.
Source
Laws 1951, c. 256, § 4, p. 879;
Laws 1986, LB 1114, § 11.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-911 - Tax; failure to remit; license rescinded; notice; hearing; appeal.

77-911.
Tax; failure to remit; license rescinded; notice; hearing; appeal.
The director shall rescind or refuse to reissue the license of any company which fails to remit its taxes in conformity with Chapter 77, article 9. Prior to rescinding such license, the director shall issue an order to such company directing the company to show cause why such rescission should not be made. He or she shall in the order give not less than ten days' notice for a hearing before the department. Should the company be aggrieved by such determination, the company may appeal the determination, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1951, c. 256, § 5, p. 879;
Laws 1969, c. 661, § 1, p. 2580;
Laws 1986, LB 1114, § 12;
Laws 1988, LB 352, § 154.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-912 - Tax; Director of Insurance; disposition; exceptions.

77-912.
Tax; Director of Insurance; disposition; exceptions.
The Director of Insurance shall transmit fifty percent of the taxes paid in conformity with Chapter 44, article 1, and Chapter 77, article 9, to the State Treasurer, forty percent of such taxes paid to the General Fund, and ten percent of such taxes paid to the Mutual Finance Assistance Fund promptly upon completion of his or her audit and examination and in no event later than May 1 of each year, except that:
(1) All fire insurance taxes paid pursuant to sections 44-150 and 81-523 shall be remitted to the State Treasurer for credit to the General Fund;
(2) All workers' compensation insurance taxes paid pursuant to section 44-150 shall be remitted to the State Treasurer for credit to the Compensation Court Cash Fund; and
(3) Commencing with the premium and related retaliatory taxes for the taxable year ending December 31, 2001, and for each taxable year thereafter, all premium and related retaliatory taxes imposed by section 44-150 or 77-908 paid by insurers writing health insurance in this state shall be remitted to the Comprehensive Health Insurance Pool Distributive Fund.
Source
Laws 1951, c. 256, § 6, p. 880;
Laws 1986, LB 1114, § 13;
Laws 1987, LB 302, § 8;
Laws 1993, LB 757, § 35;
Laws 1996, LB 693, § 8;
Laws 1998, LB 1120, § 27;
Laws 1999, LB 113, § 3;
Laws 2000, LB 1253, § 44;
Laws 2002, Second Spec. Sess., LB 9, § 4;
Laws 2003, LB 408, § 3;
Laws 2006, LB 1248, § 84;
Laws 2007, LB296, § 702;
Laws 2010, LB698, § 4.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-913 - Insurance Tax Fund; created; use; investment; allocation.

77-913.
Insurance Tax Fund; created; use; investment; allocation.
The Insurance Tax Fund is created. The State Treasurer shall receive the funds paid pursuant to Chapter 77, article 9, and except as provided in sections 77-912 and 77-918 shall keep all money received in the Insurance Tax Fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Prior to June 1 of each year, the State Treasurer shall disburse or allocate all of the funds in the Insurance Tax Fund on May 1 of each year as follows:
(1) Ten percent of the total shall be allocated to the counties proportionately in the proportion that the population of each county bears to the entire state, as shown by the last federal decennial census;
(2) Thirty percent of the total shall be allocated to the Municipal Equalization Fund; and
(3) Sixty percent of the total shall be allocated to the State Department of Education for distribution to school districts as equalization aid pursuant to the Tax Equity and Educational Opportunities Support Act as follows: The Commissioner of Education shall (a) include the amount certified by the State Treasurer pursuant to this section in the state aid certified to each school district pursuant to section 79-1022 and (b) distribute such funds as equalization aid under the provisions of the act during the ensuing fiscal year.
Source
Laws 1951, c. 256, § 7, p. 880;
Laws 1986, LB 1114, § 18;
Laws 1990, LB 1090, § 1;
Laws 1996, LB 1050, § 1;
Laws 1996, LB 1177, § 17;
Laws 1997, LB 269, § 36;
Laws 1999, LB 113, § 4;
Laws 2003, LB 8, § 1;
Laws 2023, LB818, § 21.
Effective Date: May 25, 2023
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
Tax Equity and Educational Opportunities Support Act, see section 79-1001.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-915 - Tax; challenge to constitutionality; tax paid under protest; credit refund.

77-915.
Tax; challenge to constitutionality; tax paid under protest; credit refund.
(1) Commencing with taxes imposed for 1985 or any subsequent year, if a taxpayer believes any tax imposed pursuant to Chapter 77, article 9, is unconstitutional and chooses to challenge such tax, the taxpayer shall pay the tax under protest and, within thirty days after payment or within thirty days after March 15, 1986, whichever is later, initiate a court challenge to the tax in the district court of Lancaster County, which challenge shall be heard by the district court de novo.
(2) If, by judgment or final order of any court of competent jurisdiction in this state in an action not pending on appeal or error, it is adjudged and determined that such taxes are unconstitutional, such taxes shall be refunded only by applying such refund as a credit against the payment of any such tax falling due thereafter unless special circumstances, as determined by the director, require a refund.
Source
Laws 1986, LB 1114, § 14.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-916 - Tax; no injunction allowed.

77-916.
Tax; no injunction allowed.
No injunction shall be granted restraining the collection of taxes levied pursuant to Chapter 77, article 9. The provisions of section 77-915 shall be the exclusive remedy available to the taxpayer.
Source
Laws 1986, LB 1114, § 15.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-917 - Political subdivision; return of funds not required.

77-917.
Political subdivision; return of funds not required.
Any political subdivision which has received funds pursuant to section 77-913 shall not be required to return any funds received pursuant to such section resulting from a final order or judgment of a court that such tax is unconstitutional.
Source
Laws 1986, LB 1114, § 16.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1002 - Legislative findings and declarations.

77-1002.
Legislative findings and declarations.
The Legislature hereby finds and declares that it is the policy of this state to utilize Nebraska's tax structure in order to encourage new businesses to relocate to Nebraska as a component of a program to develop new tourism attractions as well as to redevelop areas of municipalities which are suffering the effects of age. In addition, the policy of this state is to promote the creation and retention of new jobs in Nebraska and attract and retain Nebraska's best and brightest young people.
Source
Laws 2010, LB1018, § 2.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1003 - Definitions, where found.

77-1003.
Definitions, where found.
For purposes of the Nebraska Advantage Transformational Tourism and Redevelopment Act, the definitions found in sections 77-1004 to 77-1027 shall be used.
Source
Laws 2010, LB1018, § 3.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1005 - Approved cost, defined.

77-1005.
Approved cost, defined.
Approved cost means:
(1) Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, delivery persons, and material suppliers in connection with the acquisition, construction, equipping, and installation of a project;
(2) The cost of acquiring real property or rights in real property and any cost incidental thereto;
(3) The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and installation of a project which is not paid by the vendor, supplier, delivery person, or contractor or otherwise provided;
(4) The cost of architectural and engineering services, including, but not limited to, estimates, plans, specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a project;
(5) The cost required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a project;
(6) The cost required for the installation of utilities, including, but not limited to: Water; sewer; sewer treatment; gas; electricity; and communications, including offsite construction of facilities paid for by the project owner; and
(7) All other costs comparable with those described in this section.
Source
Laws 2010, LB1018, § 5.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1007 - Cultural development, defined.

77-1007.
Cultural development, defined.
Cultural development means a real estate development with a primary purpose of promoting cultural education or development, such as a museum or related visual arts centers, performing arts facility, or facilities housing, incubating, developing, or promoting art, music, theater, dance, zoology, botany, natural history, cultural history, or the sciences.
Source
Laws 2010, LB1018, § 7.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1008 - Destination dining, defined.

77-1008.
Destination dining, defined.
Destination dining means a real estate development primarily selling and serving prepared food and beverage to the public in a setting with sit-down dining. In addition, the development must offer a unique food or experience concept not found in this state within (1) the same metropolitan statistical area as determined by the United States Office of Management and Budget and (2) a fifty-mile radius of the development.
Source
Laws 2010, LB1018, § 8.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1009 - Entertainment destination center, defined.

77-1009.
Entertainment destination center, defined.
Entertainment destination center means a facility containing a minimum of two hundred thousand square feet of gross leasable area adjacent or complementary to an existing tourism attraction, an approved tourism development project, or a convention facility, and which provides a variety of entertainment and leisure options that contain at least six full-service restaurants and at least three additional entertainment venues, including, but not limited to, live entertainment, multiplex theaters, large-format theaters, motion simulators, family entertainment centers, concert halls, virtual reality or other interactive games, museums, exhibitions, or other cultural and leisure-time activities. Entertainment, food, and drink options and adjacent lodging shall occupy a minimum of sixty percent of the total gross area. Other retail stores shall occupy no more than forty percent of the total gross area.
Source
Laws 2010, LB1018, § 9.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1010 - Entitlement period, defined.

77-1010.
Entitlement period, defined.
Entitlement period means the year during which the required increases in employment and investment were met or exceeded and each year thereafter until the end of the ninth year following the year of application.
Source
Laws 2010, LB1018, § 10.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1011 - Full-service restaurant, defined.

77-1011.
Full-service restaurant, defined.
Full-service restaurant means any public place (1) which is kept, used, maintained, advertised, and held out to the public as a place where meals are served and where meals are actually and regularly served, (2) which has no sleeping accommodations, (3) which has adequate and sanitary kitchen and dining room equipment and capacity and a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests to consume on premise, and (4) which has wait staff and table service with an average per-table bill of at least fifteen dollars.
Source
Laws 2010, LB1018, § 11.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1012 - Historical redevelopment, defined.

77-1012.
Historical redevelopment, defined.
Historical redevelopment means a real estate development project that redevelops a historic building, as listed on either the National Register of Historic Places or the Nebraska Historic Buildings Survey. The reuse of the historic building can be any approved use, including retail for an entertainment destination center or a mixed-use project.
Source
Laws 2010, LB1018, § 12.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1013 - Investment, defined.

77-1013.
Investment, defined.
Investment means the value of qualified property incorporated into or used at the project. For qualified property owned by the taxpayer, the value shall be the original cost of the property. Investment does not include real property for a tourism development project.
Source
Laws 2010, LB1018, § 13.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1014 - Lodging, defined.

77-1014.
Lodging, defined.
(1) Lodging means any lodging facility with the following attributes:
(a) The facility constitutes a portion of an approved project and represents less than fifty percent of the total approved cost of the tourism attraction project, or the facility is to be located on recreational property owned or leased by the state or the federal government and has received prior approval from the appropriate state or federal agency;
(b) The facility utilizes a historical redevelopment; or
(c) The facility involves the construction, reconstruction, restoration, rehabilitation, or upgrade of a full-service lodging facility having not less than two hundred fifty guestrooms, with reconstruction, restoration, rehabilitation, or upgrade costs exceeding the minimum. The hotel facilities or attached conference facility must also include a minimum of fifteen thousand square feet of net function space, including exhibit space, ballrooms, meeting rooms, or lecture halls.
(2) Lodging includes a lodging facility constructed as part of a development prior to the construction of retail development or a tourism attraction under the Nebraska Advantage Transformational Tourism and Redevelopment Act.
Source
Laws 2010, LB1018, § 14.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1015 - Mixed-use project, defined.

77-1015.
Mixed-use project, defined.
Mixed-use project means a facility containing a minimum of fifty thousand square feet. The project must include at least two vertical stories of usable or leasable space and contain a minimum of two uses, such as restaurant, office, retail, or residential, not including parking. Retail stores shall occupy no more than forty percent of the total gross usable area.
Source
Laws 2010, LB1018, § 15.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1016 - Nebraska crafts and products center, defined.

77-1016.
Nebraska crafts and products center, defined.
Nebraska crafts and products center means a real estate retail development primarily selling products created, grown, or assembled in Nebraska. Nebraska crafts and products must constitute a minimum of fifty percent of the total sales volume of the development.
Source
Laws 2010, LB1018, § 16.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1017 - Project, defined.

77-1017.
Project, defined.
Project means the acquisition, including the acquisition of real estate by a leasehold interest with a minimum term of ten years, construction, and equipping of a tourism attraction or redevelopment project; the construction and installation of improvements to facilities necessary or desirable for the acquisition, construction, and installation of a tourism attraction or redevelopment project, including, but not limited to, surveys; installation of utilities which may include water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and offsite construction of utility extensions to the boundaries of the real estate on which the facilities are located, all of which are to be used to improve the economic situation of the approved company in a manner that allows the approved company to attract persons.
Source
Laws 2010, LB1018, § 17.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1018 - Qualified business, defined.

77-1018.
Qualified business, defined.
(1) For a tourism development project, qualified business means any business engaged in:
(a) Cultural development;
(b) Historical redevelopment;
(c) Recreation facilities;
(d) Entertainment destination centers;
(e) Lodging;
(f) Destination dining;
(g) Tourism attraction;
(h) Nebraska crafts and products center; or
(i) Any combination of the activities listed in this subsection.
(2) For a redevelopment project, qualified business means any business engaged in:
(a) Cultural development;
(b) Historical redevelopment;
(c) Recreation facilities;
(d) Entertainment destination centers;
(e) Mixed-use projects;
(f) Lodging;
(g) Full-service restaurants or destination dining;
(h) Residential development;
(i) Retail development;
(j) Structured parking;
(k) Tourism attraction;
(l) Nebraska crafts and products center; or
(m) Any combination of the activities listed in this subsection.
Source
Laws 2010, LB1018, § 18.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1019 - Qualified property, defined.

77-1019.
Qualified property, defined.
(1) Qualified property means any tangible property of a type subject to depreciation, amortization, or other recovery under the Internal Revenue Code of 1986, as amended, or the components of such property, that will be located and used at the project.
(2) Qualified property does not include (a) aircraft, barges, motor vehicles, railroad rolling stock, or watercraft or (b) property that is rented by the taxpayer qualifying under the Nebraska Advantage Transformational Tourism and Redevelopment Act to another person.
Source
Laws 2010, LB1018, § 19.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1020 - Recreation facility, defined.

77-1020.
Recreation facility, defined.
Recreation facility means any real estate project with a primary purpose of promoting and hosting sports or recreation activities, including sports facilities, golf courses, beaches, parks, water parks, amusement parks, and related support amenities.
Source
Laws 2010, LB1018, § 20.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1021 - Redevelopment project, defined.

77-1021.
Redevelopment project, defined.
Redevelopment project means a project proposed on a parcel or parcels previously developed with real property improvements. Current usage cannot include agriculture or livestock. The redevelopment project must be within the municipal limits of a municipality. The existing improvements must be more than ten years old or have been demolished prior to application.
Source
Laws 2010, LB1018, § 21.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1022 - Related persons, defined.

77-1022.
Related persons, defined.
Related persons means any corporations, partnerships, limited liability companies, or joint ventures which are or would otherwise be members of the same unitary group, if incorporated, or any persons who are considered to be related persons under either section 267(b) and (c) or section 707(b) of the Internal Revenue Code of 1986, as amended.
Source
Laws 2010, LB1018, § 22.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1023 - Structured parking, defined.

77-1023.
Structured parking, defined.
Structured parking means a real estate development used primarily as a covered parking facility for automobiles or related personal vehicles. The parking facility must have a minimum of two levels of parking above or below ground.
Source
Laws 2010, LB1018, § 23.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1024 - Taxpayer, defined.

77-1024.
Taxpayer, defined.
(1) Taxpayer means any person subject to sales and use taxes under the Nebraska Revenue Act of 1967 and subject to withholding under section 77-2753 and any corporation, partnership, limited liability company, cooperative, including a cooperative exempt under section 521 of the Internal Revenue Code of 1986, as amended, limited cooperative association, or joint venture that is or would otherwise be a member of the same unitary group, if incorporated, that is subject to such sales and use taxes or such withholding.
(2) Taxpayer does not include a political subdivision or an organization that is exempt from income taxes under section 501(a) of the Internal Revenue Code of 1986, as amended, or any partnership, limited liability company, cooperative, including a cooperative exempt under section 521 of the Internal Revenue Code of 1986, as amended, limited cooperative association, or joint venture in which political subdivisions or organizations described in section 501(c) or (d) of the Internal Revenue Code of 1986, as amended, hold an ownership interest of ten percent or more.
Source
Laws 2010, LB1018, § 24.
Cross References
Nebraska Revenue Act of 1967, see section 77-2701.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1025 - Tourism attraction, defined.

77-1025.
Tourism attraction, defined.
Tourism attraction means a place of interest where tourists visit, typically for the inherent or exhibited cultural value, historical significance, natural or built beauty, or amusement opportunities, such as historical places, monuments, zoos, aquaria, museums, art galleries, botanical gardens, skyscrapers, parks, forests, natural recreation areas, theme parks, ethnic enclaves, historic transportation, and landmarks.
Source
Laws 2010, LB1018, § 25.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1028 - Election required; procedures applicable.

77-1028.
Election required; procedures applicable.
The powers granted by the Nebraska Advantage Transformational Tourism and Redevelopment Act shall not be exercised unless and until the question of directing the proceeds of the local option sales tax as authorized under the act has been submitted at a primary, general, or special election held within the municipality and in which all registered voters are entitled to vote on such question. The officials of the municipality shall order the submission of the question by submitting a certified copy of the resolution proposing the tax to the election commissioner or county clerk. The question may include any terms and conditions set forth in the resolution, such as a termination date, and shall include the following language: Shall the municipality direct the local option sales tax collected within an area defined by the municipality to require redevelopment or as a tourism development project for the benefit of that area? If a majority of the votes cast upon the question are in favor, the governing body may so direct the tax. If a majority of those voting on the question are opposed, the governing body shall not so direct the tax. Once approved, the municipality may exercise the powers granted by the act for a period of ten years. Any election under this section shall be conducted in accordance with the procedures provided in the Election Act.
Source
Laws 2010, LB1018, § 28.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1029 - Verification of work eligibility status.

77-1029.
Verification of work eligibility status.
A municipality shall not approve or grant to any person any incentive under the Nebraska Advantage Transformational Tourism and Redevelopment Act unless the taxpayer provides evidence satisfactory to the municipality that the taxpayer electronically verified the work eligibility status of all newly hired employees employed in Nebraska.
Source
Laws 2010, LB1018, § 29.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1032 - Department of Revenue; duties; review of projects; recapture of incentives; Nebraska Advantage Transformational Tourism and Redevelopment Act Cash Fund; created; use; investment.

77-1032.
Department of Revenue; duties; review of projects; recapture of incentives; Nebraska Advantage Transformational Tourism and Redevelopment Act Cash Fund; created; use; investment.
(1) The Department of Revenue shall contract with an independent consultant to review each project under the Nebraska Advantage Transformational Tourism and Redevelopment Act every fifth year following July 15, 2010. The review shall be paid for by each project owner. The review shall examine patronage from outside the metropolitan statistical area as defined by the United States Office of Management and Budget in which the project is located, sales data, and employment records to determine the project owner's continued compliance with the provisions of the act. The project owner shall comply with the provisions of this subsection or be subject to the recapture provisions of this section. If it is determined that the project owner was not in compliance, the municipality may recapture all or a portion of the incentives provided under the act.
(2) If the taxpayer fails to meet the requirements contained in the agreement for the project either by the end of the fourth year after the end of the year the application was submitted or for the entire entitlement period, all or a portion of the incentives provided under the act shall be recaptured on behalf of the municipality.
(3) Notwithstanding any other limitations contained in the laws of this state, collection of any taxes deemed to be underpayments by this section shall be allowed for a period of four years after the end of the entitlement period.
(4) Any amounts due under this section shall be recaptured notwithstanding other allowable incentives and shall not be subsequently refunded under any provision of the act unless the recapture was in error.
(5) The recapture required by this section shall not occur if (a) the failure to maintain the required levels of employment or investment was caused by an act of God or national emergency or (b) the cost of recapture would exceed the amount to be recaptured in the opinion of the municipality.
(6) The Nebraska Advantage Transformational Tourism and Redevelopment Act Cash Fund is created. The fund shall be used by the department to carry out its duties under this section. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2010, LB1018, § 32.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1033 - Transfer of incentives; when; liability for recapture.

77-1033.
Transfer of incentives; when; liability for recapture.
(1) The incentives allowed under the Nebraska Advantage Transformational Tourism and Redevelopment Act may be transferred when a project covered by an agreement is transferred in its entirety by sale or lease to another taxpayer or in an acquisition of assets qualifying under section 381 of the Internal Revenue Code of 1986, as amended.
(2) The acquiring taxpayer, as of the date of notification of the municipality of the completed transfer, shall be entitled to any future incentives allowable under the act.
(3) The acquiring taxpayer shall be liable for any recapture that becomes due after the date of the transfer for the repayment of any incentives received either before or after the transfer.
Source
Laws 2010, LB1018, § 33.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1034 - Refunds; interest not allowable.

77-1034.
Refunds; interest not allowable.
Interest shall not be allowable on any refunds paid because of incentives earned under the Nebraska Advantage Transformational Tourism and Redevelopment Act.
Source
Laws 2010, LB1018, § 34.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1101 - Act, how cited.

77-1101.
Act, how cited.
Sections 77-1101 to 77-1120 shall be known and may be cited as the New Markets Job Growth Investment Act.
Source
Laws 2012, LB1128, § 1;
Laws 2021, LB682, § 1.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1101.01 - Act; purposes.

77-1101.01.
Act; purposes.
The purposes of the New Markets Job Growth Investment Act are to:
(1) Provide access to capital to small businesses that are not otherwise able to receive affordable financing;
(2) Attract investment dollars from the New Markets Tax Credit Program of the United States Department of the Treasury; and
(3) Ensure Nebraska small businesses have access to capital to retain and add jobs.
Source
Laws 2021, LB682, § 2.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1102 - Definitions, where found.

77-1102.
Definitions, where found.
For purposes of the New Markets Job Growth Investment Act, the definitions in sections 77-1103 to 77-1112.02 apply.
Source
Laws 2012, LB1128, § 2;
Laws 2021, LB682, § 3.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1103 - Applicable percentage, defined.

77-1103.
Applicable percentage, defined.
Applicable percentage means zero percent for the first two credit allowance dates, seven percent for the third credit allowance date, and eight percent for the next four credit allowance dates.
Source
Laws 2012, LB1128, § 3.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1104 - Credit allowance date, defined.

77-1104.
Credit allowance date, defined.
Credit allowance date means, with respect to any qualified equity investment:
(1) The date on which such investment is initially made; and
(2) Each of the six anniversary dates of such date thereafter.
Source
Laws 2012, LB1128, § 4.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1106 - Long-term debt security, defined.

77-1106.
Long-term debt security, defined.
Long-term debt security means any debt instrument issued by a qualified community development entity, at par value or a premium, with an original maturity date of at least seven years after the date of its issuance, with no acceleration of repayment, amortization, or prepayment features prior to its original maturity date. The qualified community development entity that issues the debt instrument may not make cash interest payments on the debt instrument during the period beginning on the date of issuance and ending on the final credit allowance date that exceed the cumulative operating income as defined by regulations adopted under section 45D of the Internal Revenue Code of 1986, as amended, of the qualified community development entity for that period prior to giving effect to the expense of such cash interest payments. This in no way limits the holder's ability to accelerate payments on the debt instrument if the issuer has defaulted on covenants designed to ensure compliance with this section or section 45D of the code.
Source
Laws 2012, LB1128, § 6.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1108 - Qualified active low-income community business, defined.

77-1108.
Qualified active low-income community business, defined.
Qualified active low-income community business has the meaning given such term in section 45D of the Internal Revenue Code of 1986, as amended, and 26 C.F.R. 1.45D-1. A business shall be considered a qualified active low-income community business for the duration of the qualified community development entity's investment in, or loan to, the business if the entity reasonably expects, at the time it makes the investment or loan, that the business will continue to satisfy the requirements for being a qualified active low-income community business throughout the entire period of the investment or loan. The term excludes any business that derives or projects to derive fifteen percent or more of its annual revenue from the rental or sale of real estate. This exclusion does not apply to a business that is controlled by, or under common control with, another business if the second business (1) does not derive or project to derive fifteen percent or more of its annual revenue from the rental or sale of real estate and (2) is the primary tenant of the real estate leased from the first business.
Source
Laws 2012, LB1128, § 8.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1109 - Qualified community development entity, defined.

77-1109.
Qualified community development entity, defined.
Qualified community development entity has the meaning given such term in section 45D of the Internal Revenue Code of 1986, as amended, if such entity has entered into an allocation agreement with the Community Development Financial Institutions Fund of the United States Department of the Treasury with respect to credits authorized by section 45D of the code which includes the State of Nebraska within the service area set forth in such allocation agreement. The term includes affiliated entities and subordinate community development entities of any such qualified community development entity.
Source
Laws 2012, LB1128, § 9.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1110 - Qualified equity investment, defined.

77-1110.
Qualified equity investment, defined.
(1) Qualified equity investment means any equity investment in, or long-term debt security issued by, a qualified community development entity that:
(a) Is acquired after January 1, 2012, at its original issuance solely in exchange for cash;
(b) Has at least eighty-five percent, or one hundred percent with respect to the 2021 allocation, of its cash purchase price used by the issuer to make qualified low-income community investments in qualified active low-income community businesses located in this state by the first anniversary of the initial credit allowance date;
(c) Is designated by the issuer as a qualified equity investment and, with respect to awards of the 2021 allocation pursuant to subsection (6) of section 77-1116, is designated by the issuer as a qualified equity investment under section 45D of the Internal Revenue Code of 1986, as amended; and
(d) Is certified by the Tax Commissioner as not exceeding the limitation contained in section 77-1115.
(2) The term includes any qualified equity investment that does not meet the requirements of subdivision (1)(a) of this section if such investment was a qualified equity investment in the hands of a prior holder.
Source
Laws 2012, LB1128, § 10;
Laws 2021, LB682, § 4.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1111 - Qualified low-income community investment, defined.

77-1111.
Qualified low-income community investment, defined.
Qualified low-income community investment means any capital or equity investment in, or loan to, any qualified active low-income community business. With respect to any one qualified active low-income community business, the maximum amount of qualified low-income community investments made in such business, on a collective basis with all of its affiliates, shall be ten million dollars whether issued to one or several qualified community development entities.
Source
Laws 2012, LB1128, § 11.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1112 - Tax credit, defined.

77-1112.
Tax credit, defined.
Tax credit means a credit against the tax otherwise due under the Nebraska Revenue Act of 1967 or sections 44-101 to 44-165, 77-907 to 77-918, or 77-3801 to 77-3807.
Source
Laws 2012, LB1128, § 12.
Cross References
Nebraska Revenue Act of 1967, see section 77-2701.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1112.01 - 2021 allocation, defined.

77-1112.01.
2021 allocation, defined.
2021 allocation means a monetary amount of qualified equity investments to be awarded by the Tax Commissioner after the 2021 federal notice under the New Markets Job Growth Investment Act that results in a maximum tax credit utilization in any fiscal year of no more than fifteen million dollars of new tax credits.
Source
Laws 2021, LB682, § 5.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1112.02 - 2021 federal notice, defined.

77-1112.02.
2021 federal notice, defined.
2021 federal notice means the announcement by the Community Development Financial Institutions Fund of the United States Department of the Treasury of allocation awards under a notice of funding availability that was published in the Federal Register in September 2020.
Source
Laws 2021, LB682, § 6.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-1113 - Vested tax credit; utilization.

77-1113.
Vested tax credit; utilization.
A person or entity that acquires a qualified equity investment earns a vested tax credit against the tax imposed by the Nebraska Revenue Act of 1967 or sections 44-101 to 44-165, 77-907 to 77-918, or 77-3801 to 77-3807 that may be utilized as follows:
(1) On each credit allowance date of such qualified equity investment such acquirer, or subsequent holder of the qualified equity investment, shall be entitled to utilize a portion of such tax credit during the taxable year that includes such credit allowance date;
(2) The tax credit amount shall be equal to the applicable percentage for such credit allowance date multiplied by the purchase price paid to the issuer of such qualified equity investment; and
(3) The amount of the tax credit claimed shall not exceed the amount of the taxpayer's tax liability for the tax year for which the tax credit is claimed.
Any taxpayer that claims a tax credit shall not be required to pay any additional retaliatory tax under section 44-150 as a result of claiming such tax credit. Any tax credit claimed under this section shall be considered a payment of tax for purposes of subsection (1) of section 77-2734.03.
Source
Laws 2012, LB1128, § 13;
Laws 2015, LB559, § 1.
Cross References
Nebraska Revenue Act of 1967, see section 77-2701.