reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-101 - DEFINITIONS

Current through June 17, 2024
101.01 The definitions in Reg-24-101 through
				24-185 and Neb.Rev. Stat. §
									77-2734.04
				apply throughout Chapter 24 of these regulations.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-105 - APPORTIONMENT

Current through June 17, 2024
105.01 Apportionment means dividing the
				apportionable income of a business entity that is subject to tax in more than
				one taxing jurisdiction using one or more factors.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-110 - BUSINESS ENTITY

Current through June 17, 2024
110.01 Business
				entity means an arrangement to operate a commercial enterprise, regardless of
				the form of organization. Business entities include corporations, partnerships,
				limited liability companies (LLCs'), joint ventures, cooperatives, and
				syndicates. Business entity does not include a sole proprietorship.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-115 - BUYER

Current through June 17, 2024
115.01 Buyer has the meaning provided in Neb.
				Rev. Stat. §
									77-2734.04(5).
				Buyer and customer have the same meaning.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-125 - COMPENSATION

Current through June 17, 2024
125.01 Compensation has the meaning provided
				in Neb. Rev. Stat. §
									77-2734.04(8).
				Compensation includes the value of the board, rent housing, lodging, or other
				benefits or services furnished to employees by the taxpayer in return for
				personal services, if the value received constitutes income to the recipient
				under the IRC.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-135 - DOING BUSINESS IN NEBRASKA

Current through June 17, 2024
135.01 Doing
				business in Nebraska has the meaning provided in Neb. Rev. Stat. § 77 -
				2734.04(12). Any
				business entity that has nexus in Nebraska is doing business in
				Nebraska.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-140 - FEDERAL TAXABLE INCOME

Current through June 17, 2024
140.01 Federal
				taxable income for corporate taxpayers means the taxpayer's federal taxable
				income as determined under the IRC. For pass-through entities, federal taxable
				income means total income minus total deductions as determined under the IRC.
				Except for the adjustment to income related to foreign taxes paid in excess of
				federal rates, or the deduction for dividends deemed to be received from
				corporations which are not subject to the IRC, no adjustment is allowed for a
				change from any election made or the method used in computing federal taxable
				income.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-155 - NEXUS

Current through June 17, 2024
155.01 Nexus means the amount or degree of
				activity conducted by the business entity within Nebraska that confers
				jurisdiction to Nebraska to tax the income of the business entity.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-160 - PASS-THROUGH ENTITY

Current through June 17, 2024
160.01 Pass-through
				entity means a business entity that distributes its income, loss, deductions,
				or credits to its owners. Pass-through entities include, but are not limited
				to: partnerships; S corporations; LLCs that are taxed as S corporations or
				partnerships; and joint ventures.
160.02 Owners of a pass-through entity
				include partners, shareholders, members, beneficiaries, or investors.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-165 - PARTNERSHIP

Current through June 17, 2024
165.01 Partnership, partner, partnership
				agreement, and liquidation of a partner's interest have the same meaning as
				those terms are used in the IRC.
165.02 A federal classification of an entity
				as a partnership for tax purposes is the conclusive determination for Nebraska
				tax purposes, including an LLC classified for federal income tax purposes as a
				partnership.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-175 - TAXABLE IN ANOTHER STATE

Current through June 17, 2024
175.01 Taxable in
				another state means that another state has jurisdiction to subject the taxpayer
				to a net income tax.
175.02 Failure
				to provide a copy of the return filed in another state, together with proof of
				payment of a net income tax imposed by the other state upon request of the Tax
				Commissioner, creates a rebuttable presumption that the taxpayer is not subject
				to tax in the other state.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-180 - TAXPAYER

Current through June 17, 2024
180.01 Taxpayer means any corporate taxpayer
				or unitary group subject to the Nebraska income tax, any pass-through entity
				that has owners who are subject to Nebraska income tax on the taxable income of
				the pass-through entity, or any owners of a pass-through entity earning income
				subject to Nebraska income tax.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-185 - UNITARY BUSINESS

Current through June 17, 2024
185.01 Unitary
				business has the meaning provided in Neb.Rev. Stat. §
									77-2734.04.
185.02
Common
				Ownership.
Common ownership means one or more corporations
				owning 50% or more of another corporation.
185.03
Single Economic
				Unit.
Single economic unit means a business where there is
				a sharing or exchange of value between the parts of the unit. Evidence of a
				sharing or exchange of value includes: common management or common operational
				resources; functional integration; economies of scale; transfers of value; or
				flows of goods, capital or services between the parts of the unit.
185.03A Common management includes, but is
				not limited to, a centralized executive force or review or approval authority
				over long-term operations with or without the exercise of control over the
				day-to-day operations.
185.03B
				Common operational resources include, but are not limited to, centralized:
				accounting; advertising; engineering; financing; insurance; legal; personnel;
				pension or benefit plans; purchasing; research and development; selling; or
				union relations.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-205 - DOING BUSINESS IN NEBRASKA

Current through June 17, 2024
205.01 A business
				entity is doing business in Nebraska if its activities within the state exceed
				soliciting safes of tangible personal property within Nebraska as protected by
				15 U.S.C. §
										381.
205.01A
Soliciting
				Sales.
Soliciting sales of tangible property includes any
				activities that serve no business purpose apart from soliciting safes, but does
				not include activities that the business entity would have a business reason to
				perform anyway, even if the activities are conducted by sales
				personnel.
205.01B Activities that
				constitute doing business in Nebraska include, but are not limited to:
205.01B(1) Maintaining an office, warehouse,
				or inventory in Nebraska;
205.01B(2) Owning or leasing property in
				Nebraska;
205.01B(3) Providing or
				arranging for repair, service, or training in Nebraska in connection with safes
				of property or services, including, but not limited to, repairs conducted under
				a warranty sold or provided by the business entity;
205.016(4) Accepting orders in
				Nebraska;
205.01B(5) Organizing or
				incorporating the business entity hi Nebraska;
205.018(6) Maintaining a commercial domicile
				in Nebraska;
205.016(7) Any
				ownership interest in a pass-through entity that has nexus in Nebraska;
				or
205.016(8) Any other activity
				conducted in Nebraska that is not soliciting safes of tangible personal
				property and is not deminimis. Examples include:
205.016(8)(a) Transactions involving
				intangibles, like copyrights, trademarks, trade names, and service marks;
205.01B(8)(b) Entering into
				franchising or licensing agreements; or
205.01B(8)(c) Selling or leasing real or
				intangible property.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-211 - METHODS OF ACCOUNTING

Current through June 17, 2024
211.01 When
				computing the Nebraska income tax or providing an information return, the
				method of accounting must be the same as the method used for federal income tax
				purposes.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-215 - RECORDS

Current through June 17, 2024
215.01
In
				General.
Any business entity doing business in Nebraska
				must keep permanent books of account or records that are sufficient to
				establish the amount of gross income, deductions, credits, or other matters
				which may be required to support the Nebraska corporation income tax return or
				information return, if any business entity or person fails to keep books of
				account or records, the Department may issue a notice of deficiency
				determination based on the best information available, including, but not
				limited to, records from the IRS, financial institutions, employers, payors,
				vendors, or others.
215.02
Retention of Records.
Each business
				entity must retain all records relating to a tax year for as long as the
				records may be material in administering the Nebraska income tax; while any
				refund claim or redetermination of a deficiency determination is pending; or
				while any federal audit assessment, or any other action is pending, unless the
				Department authorizes their destruction in writing at an earlier date.
215.02A If the Department issues a balance
				due notice or a notice of deficiency determination for a tax year, the business
				entity must retain all records relating to that tax year until the balance due
				or deficiency determination has been satisfied, abated, settled, or disallowed,
				and has become final.
215.02B If
				the business entity is participating in a tax incentive program, for example
				the Nebraska Advantage Act, records must be retained throughout the carryover
				period.
215.02C If the business
				entity incurs a net operating loss or capital loss, the records substantiating
				the loss must be retained until the statute of limitations for issuing a notice
				of deficiency determination expires for the last year the loss is
				claimed.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-221 - INCOME OF A BUSINESS ENTITY SUBJECT TO NEBRASKA TAX

Current through June 17, 2024
221.01
Pass-through
				Entities.
A pass-through entity is not subject to the
				Nebraska income tax-Each owner of a pass-through entity doing business in
				Nebraska is subject to Nebraska income tax on his or her portion of the income,
				expense, loss, or other item of the pass-through entity as shown on the federal
				return of the pass-through entity; as adjusted and limited under Reg-24-235
				through Reg-24-259; and, if appropriate, as apportioned under Reg-24-301
				through Reg-24-381.
221.01A An owner of a
				pass-through entity doing business in Nebraska who is a Nebraska resident as
				defined in Reg-22-001, must report the owner's proportionate share of all of
				the income, expense, loss, or other item of the pass-through entity.
221.01B An owner of a pass-through entity
				doing business in Nebraska who is not a Nebraska resident, as defined in
				Reg-22-001, must report the owner's proportionate share of the Nebraska-source
				income, expense, loss, or other item of the pass-through entity. See
				Reg-22-004.06.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-223 - INCOME TAX RETURNS; FILING REQUIREMENTS; DUE DATES; AND PAYMENT OF TAX

Current through June 17, 2024
223.01
Corporate Taxpayers;
				Filing Requirements.
Every corporate taxpayer having nexus
				in Nebraska, including a cooperative organization and an organization that is
				exempt from federal income tax that is required to report its unrelated
				business income, must file a Nebraska Corporation Income Tax Return, Form
				1120N, for the tax year.
223.02
Corporate Taxpayers; Due Date.
The due
				date for the Nebraska Corporation Income Tax Return, Form 1120N, is the same as
				the due date for the corresponding federal return.
223.03
Corporate Taxpayers;
				Payment of Tax.
A corporate taxpayer must pay the entire
				amount of tax on or before the prescribed due date, without regard to any
				extension granted for filing the return. The Tax Commissioner may require some
				or all corporate taxpayers to file returns electronically and may require some
				corporate taxpayers to remit payments electronically.
223.04
Pass-through
				Entities; Filing Requirement.
Except as provided in
				Reg-223.04A, every pass-through entity having income derived from Nebraska
				sources must file a Nebraska Return of Partnership Income, Form 1065N, or a
				Nebraska S Corporation Income Tax Return, Form 1120-SN, for the tax year. The
				Form 1065N or Form 1120-SN must show all items of income, gain, loss,
				deduction, and credit, and the names, addresses, and Social Security numbers or
				federal ID numbers of each owner who is entitled to share in the income and
				deductions of the pass-through entity.
223.04A
				A pass-through entity which has only Nebraska resident owners, and derives 100%
				of its income from Nebraska sources, is not required to file a Form 1065N or
				Form 1120-SN, but the owners must report their proportionate share of the
				income, gain, loss, or deduction from the pass-through entity.
223.04B A limited partnership deriving income
				from sources entirely outside Nebraska is not required to file Form 106
				5N.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-225 - INCOME TAX RETURNS; PASS-THROUGH ENTITIES; INCOME TAX WITHHOLDING FROM NONRESIDENT INDIVIDUAL OWNERS

Current through June 17, 2024
225.01
Nonresident Individual Owner Income Tax Returns and
				Withholding.
Nonresident individual owners of a
				pass-through entity must file a Nebraska income tax return and include in
				Nebraska adjusted gross income that portion of the pass-through entity's
				Nebraska source income, as adjusted and as apportioned, if appropriate, that is
				proportionate to his or her interest in the pass-through entity, with any other
				Nebraska source income.
225.01A Each
				nonresident individual owner must execute a Nebraska Nonresident Income Tax
				Agreement, Form 12N, which must be attached to the Form 1120-SN or Form 1065N.
				By executing a Form 12N, the owner promises to file a Nebraska income tax
				return and pay income tax on the owner's share of the income, gain, loss, or
				deduction of the pass-through entity.
225.01B If a nonresident individual owner's
				executed Form 12N is not attached to the Form 1120-SN or Form 1065N, the
				pass-through entity must withhold and remit an amount equal to the highest
				individual income tax rate on each nonresident owner's share of the
				pass-through entity's taxable income which was derived from or attributable to
				sources within this state.
225.01B(1) The
				amount withheld from each nonresident individual owner must be reported on each
				appropriate Nebraska Schedule K-1N; and
225.01B(2) The total amount withheld from all
				nonresident individual owners must be reported on Form 1120-SN or Form 1065N
				and remitted to the Department.
225.01C Nonresident individual owners do not
				have to file a Nebraska income tax return if their only connection with the
				state is the conduct of the business activities of the pass-through entity, and
				the pass-through entity has withheld Nebraska income tax from all the Nebraska
				income attributable to the nonresident's share of the pass-through entity's
				income. The frill amount of the income tax withholding is, at the taxpayer's
				option, retained in lieu of filing an individual income tax return. Any
				nonresident individual may still file a return and claim a refund if there is
				one due. Any nonresident individual who files a Form 12N to avoid income tax
				withholding must file a Nebraska Individual Income Tax Return, Form
				1040N.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-229 - SHORT TAX YEAR RETURNS

Current through June 17, 2024
229.01 A short tax
				year is a period of less than 12 months. A short tax year return is required
				whenever it is required by IRC § 443. The regulations under IRC § 443
				must be followed in filing a short period return.
229.02 If the method of computing income
				under IRC § 443 does not fairly represent the short period income, and the
				business entity has records of income, deductions, or credits which are
				sufficient to establish the short period tax liability more fairly, the
				business entity may petition the Tax Commissioner to use a special method of
				reporting income. However, any special method of reporting income must have
				prior written approval from the Tax Commissioner.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-235 - NEBRASKA ADJUSTMENTS TO FEDERAL TAXABLE INCOME

Current through June 17, 2024
235.01 The
				income of a business entity begins with federal taxable income. Federal taxable
				income is adjusted as provided in this regulation, prior to any apportionment
				if applicable.
235.02
Adjustments Subtracted from Federal Taxable
				Income.
235.02A Interest
				and dividends from federal obligations.
235.02A(1) Any interest and dividends
				received on U.S. obligations cannot be taxed by any state under U.S. law.
				Federal corporations that are performing a federal function are
				instrumentalities of the U.S. government, and interest from their obligations
				cannot be taxed by any state under U.S. law.
235.02A(1)(i) Interest from repurchase
				agreements involving federal securities is not exempt and is subject to
				Nebraska income tax.
235.02A(1)(ii)
				Gains and losses from the sale or other disposition of federal securities, as
				distinguished from interest income, are taxable for state income tax
				purposes.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-241 - CORPORATE TAXPAYER; NEBRASKA NET OPERATING LOSSES COMPUTATION: NEBRASKA NET OPERATING LOSS CARRYOVER; LIMITATIONS

Current through June 17, 2024
241.01
Calculating the Loss.
A Nebraska net
				operating loss is computed on the basis of this regulation.
241.01A For a corporate taxpayer that is not
				subject to apportionment the Nebraska net operating loss is the federal taxable
				income or loss of the corporate taxpayer adjusted as provided in
				Reg-24-235.
241.01B For a corporate
				taxpayer that is required to apportion its income to Nebraska, its Nebraska net
				operating loss must be computed in the following manner:
241.01B(1) The Nebraska adjustments in 235
				are made to the federal taxable income or net operating loss of the unitary
				group prior to apportionment; and
241.01B(2) The federal net operating loss as
				adjusted is then apportioned to Nebraska based on the apportionment factor of
				the corporate taxpayer.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-245 - CORPORATE TAXPAYER; CAPITAL LOSSES; COMPUTATION; LIMITATIONS

Current through June 17, 2024
245.01
Calculating a
				Nebraska Capital Loss.
For a corporate taxpayer, a Nebraska
				capital loss is computed on the basis of this regulation.
245.01A For a corporate taxpayer that is not
				subject to apportionment the Nebraska capital loss is the amount of federal
				capital loss.
245.01B A corporate
				taxpayer who is required to apportion its income to Nebraska must compute its
				Nebraska capital loss as follows:
245.01B(1)
				The federal capital loss is multiplied by the apportionment factor of the
				corporate taxpayer for the year of the capital loss; and
245.01B(2) If the capital loss is reported on
				corporate stock or other assets, the income from which was not previously
				treated as apportionable to Nebraska or taxable to Nebraska, the loss cannot be
				included in the federal capital loss computed in
				Reg-24-245.01B(1)(1).
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-251 - PASS-THROUGH ENTITIES; SCHEDULE REQUIRED NEBRASKA SCHEDULE K-1N

Current through June 17, 2024
251.01
Schedule
				Required.
A pass-through entity having income from Nebraska
				sources or having a resident owner must provide the Department and each owner a
				schedule listing the amounts and character of the income, guaranteed payments,
				deductions, adjustments, modifications, and credits that are to be included in
				each owner's Nebraska income tax return.
251.01A For tax years beginning before
				January 1, 2012, and for pass-through entities that are not required to file a
				Nebraska return, the schedule must include specific Nebraska information and
				adjustments. The Federal Schedule K-1 is acceptable if it has been modified to
				reflect the Nebraska information and adjustments.
251.01B For all tax years beginning on or
				after January 1, 2012, the pass-through entity required to file a Nebraska
				return must use a Nebraska Schedule K-1N (K-1N).
251.01C The K-lN must be included with the
				Nebraska Return of Partnership Income, Form 1065N, or the Nebraska S
				Corporation Income Tax Return, Form 1120-SN.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-255 - REPORTING ADJUSTMENTS TO FEDERAL INCOME TAX

Current through June 17, 2024
255.01 Any
				change made by the IRS, the U.S. Tax Court, or any other court of competent
				jurisdiction to the federal taxable income or tax liability of a business
				entity, a unitary group, or a member of a unitary group, must be reported to
				the Department within 60 days after the final determination of the change.
255.01A Reportable changes include, but are
				not limited to, changes made to the federal return by either the IRS Processing
				Center or any other IRS office.
255.01B When reporting any change to federal
				taxable income, the taxpayer must famish the Department complete information
				regarding the amount of income reported and taxes paid to the U.S. The
				information furnished must also concede the accuracy of the final determination
				or give a statement outlining the specific errors in the final
				determination.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-258 - REPORTING ADJUSTMENTS MADE BY ANOTHER STATE

Current through June 17, 2024
258.01 Whenever
				the income or any tax credits of a business entity, a member of a unitary
				group, or the unitary group for which income is taxable in another state for
				any tax year, is changed or corrected in a way material to taxable income or
				tax liability owed to Nebraska, the change must be reported to the Department
				within 60 days after the final determination of the change.
258.01A Reportable changes include changes
				made by any competent taxing agency or a court of competent jurisdiction of the
				other state.
258.01B When reporting
				any change, the taxpayer must furnish the Department complete information
				regarding the amount of income reported, credits allowed, and taxes paid to the
				other state. The information furnished must also concede the accuracy of the
				final determination or give a statement outlining the specific errors of the
				final determination.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-261 - EXAMINATION FOR MATHEMATICAL OR CLERICAL ERRORS AND DEFICIENCIES

Current through June 17, 2024
261.01
Department Power to
				Examine Returns.
The Department may examine any income tax
				return, the related federal return, any supporting schedules and worksheets,
				and other information to determine the correct amount of income tax liability
				or the correct amount of credit or loss to be carried over. The Department may
				adjust the amounts the taxpayer reported as federal taxable income, deductions,
				credit calculations, or any other item, so that the amounts reported are
				consistent with the IRC and Nebraska law. If the calculated amount of Nebraska
				income tax liability or the amount of credit or loss to be carried over is
				incorrect for any reason, the Department will correct the amount and notify the
				taxpayer.
261.02
Mathematical of Clerical Errors.
The
				Department may correct mathematical errors made on the return and notify the
				taxpayer. A notice that additional Nebraska income tax is due because of a
				mathematical error is not a notice of deficiency determination and there is no
				right to protest or appeal the correction. Mathematical or clerical error
				includes information on the taxpayer's return that is different from
				information reported to the Internal Revenue Service or the Tax Commissioner,
				for example, information reported on a federal Form W-2 or Form 1099.
261.03
Deficiencies.
261.03A If the amount of tax liability shown
				on any income tax return is less than the correct amount or the amount of
				credit or loss to be carried over is incorrect, for any reason other than a
				mathematical error, the Department will issue a notice of deficiency
				determination to the taxpayer.
261.03B If the taxpayer fails to file a
				return, the Department will estimate the taxpayer's income tax liability or
				income based on the best information available and issue a notice of deficiency
				determination to the taxpayer or its owners.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-265 - PENALTIES

Current through June 17, 2024
265.01
Civil
				Penalties.
265.01A If any
				person fails to file a return by the due date, including extensions, absent a
				showing of reasonable cause, a penalty of 5% of the amount of tax due, reduced
				by any credits and payments made before the original due date of the return,
				may be assessed for each month, or portion of a month, of failure; not to
				exceed 25%.
265.01B If any part of
				a proposed deficiency or overstatement of a requested refund is the result of
				negligence, material misstatement, or intentional disregard of law, but without
				intent to defraud, a penalty of 5% of the amount of the proposed deficiency
				maybe assessed.
265.01C If any part
				of a proposed deficiency or overstatement of a requested refund is the result
				of fraud, a penalty of 50% of the proposed deficiency may be assessed, in lieu
				of the penalty described in Reg-24-265.01B.
265.01D A penalty of not more than $1,000 may
				be assessed if any person with fraudulent intent fails to:
265.01D(1) Pay any income tax;
265.01D(2) Make, file, sign, or certify any
				return of estimated income tax; or
265.01D(3) Supply any information to the
				Department within the time required.
265.01D(4) This penalty is in addition to any
				other penalties that may be imposed.
265.01E A penalty of $500 for each occurrence
				may be assessed if any person, for frivolous or groundless reasons, or with
				intent to delay or impede the administration of the Nebraska income tax:
265.01E(1) Fails to file a return or to pay
				any income tax due; or
265.01E(2)
				Files what purports to be a return which does not contain sufficient
				information to calculate the liability or indicates that the self-assessed
				liability is substantially incorrect.
265.01E(3) This penalty is in addition to any
				other penalties that may be imposed.
265.01F If any person fails to file a return,
				fails to file an amended return as required in Reg-24-255 or Reg-24-24-258, or
				otherwise fails to comply with any of the reporting or filing requirements
				imposed by the Revenue Act or these regulations, a penalty of 25% of the tax
				due may be assessed, in addition to any other penalty.
265.01G If any person aids, procures,
				advises, or assists in the preparation of any return, affidavit, refund claim,
				or other document with knowledge that its use will result in the material
				understatement of the tax liability of another person, or the material
				overstatement of the amount of a refund of another person, a penalty of $1,000
				may be assessed for each separate return or other document.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-301 - APPORTIONABLE AND NONAPPORTIONABLE INCOME

Current through June 17, 2024
301.01 In General
A business entity or unitary group generating income from a
				  business activity that is taxable within Nebraska and subject to tax in at
				  least one other state must apportion its income. The income is apportioned
				  using the sales factor only, as provided in Reg-24-301 through
				  Reg-24-350.
301.02
				Apportionable Income
The entire federal taxable income of a corporation, a unitary
				  group, or a partnership is presumed to be apportionable income. The
				  apportionable income includes income arising from transactions and activity of
				  the business, and income arising from tangible and intangible property if the
				  acquisition, management, employment, development, or disposition of the
				  property was related to the operation of the business entity's trade or
				  business.
301.03
				Nonapportionable Income
Nonapportionable income is any income the taxpayer has shown
				  is not subject to apportionment. Income that is claimed to be nonapportionable
				  must be supported by:
301.03A A
				detailed description of the source and nature of the income; and
301.03B An affidavit attached to the return
				and signed by a corporate officer attesting-
301.03B(1) That the income is not a part of
				the unitary business; and
301.03B(2) That the taxpayer has not claimed
				the same income as part of the unitary business and subject to apportionment in
				any other state with substantially the same law on apportion ability of
				income.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-305 - APPORTIONMENT FORMULA

Current through June 17, 2024
305.01
Corporations or Partnerships; Apportionment Formula.
The federal
				taxable income, as adjusted under Reg-24-155, Nebraska Adjustments to Taxable
				Income, of a corporation or partnership operating both within and outside
				Nebraska is apportioned to Nebraska by using the sales factor of the
				corporation or partnership. The income of the taxpayer apportioned to Nebraska
				is determined by calculating the ratio of the taxpayer's sales in Nebraska
				compared to the total sales of the taxpayer and applying the computed ratio to
				the federal taxable income, as adjusted, of the taxpayer.
305.02
Unitary Group.
The
				federal taxable income, as adjusted under Reg-24-155, Nebraska Adjustments to
				Taxable Income, of a unitary group operating both within and outside Nebraska
				is apportioned to Nebraska by using the sales factor of the unitary
				business.
305.03
Unitary
				Group; Apportionment Formula.
When part of a unitary business is
				conducted in Nebraska by one or more members of the unitary group, the income
				of the taxpayer apportioned to Nebraska is determined by calculating the ratio
				of the unitary group's sales in Nebraska compared to the total sales of the
				entire unitary group and applying the computed ratio to the federal taxable
				income, as adjusted, of the unitary group.
305.03A In computing the factor, only those
				business entities that are subject to the IRC are included in the calculation
				and in the taxpayer's filing.
305.03B Only sales made by those business
				entities with nexus in Nebraska are included in the numerator of the computed
				apportionment factor.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-311 - SALES FACTOR; IN GENERAL

Current through June 17, 2024
311.01 Determining
				Sales
Sales means gross receipts, less returns and allowances, and
				  includes all interest income, service charges, carrying charges, or time-price
				  differential charges related to sales. Federal and state excise taxes
				  (including sales taxes) must be included as part of gross receipts if the taxes
				  are passed on to the buyer or included as part of the selling price of the
				  product. The following are rules for determining sales for business
				  entities.
311.01A Exclusions from
				sales. The sales factor does not include:
311.01A(1) Any sales made in producing income
				that is nonapportionable;
311.01A(2) Income from discharging
				indebtedness;
311.01A(3) Amounts
				received from hedging transactions involving intangible assets; or
311.01A(4) Net gains from marketable
				securities held for investment.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-323 - SALES FACTOR; SALES OF TANGIBLE PERSONAL PROPERTY IN NEBRASKA

Current through June 17, 2024
323.01 For tax years beginning or deemed to
				begin on or after January 1, 1997, gross receipts from sales of tangible
				personal property (TPP) (except as otherwise provided) are considered in
				Nebraska if the TPP is delivered or shipped to a purchaser in Nebraska
				regardless of the f.o.b. point, location where title transfers, or other
				conditions of sale. TPP is delivered or shipped to a purchaser in Nebraska
				when:
323.01A The recipient is located in
				Nebraska, even if the property is ordered from outside Nebraska;
323.01B The shipment terminates in Nebraska,
				even if the property is subsequently transported to another state;
323.01C The purchaser directs the taxpayer in
				Nebraska to deliver the TPP to the ultimate recipient in Nebraska;
323.01D The purchaser picks up the TPP at the
				seller's location within Nebraska unless the taxpayer can show that the
				destination is a location outside Nebraska;
323.01E A purchaser located in Nebraska picks
				up the TPP at the seller's location outside Nebraska, unless the taxpayer can
				show that the destination is a location outside Nebraska; or
323.01F The TPP being shipped by a seller
				from the state of origin to another state is diverted while enroute to a
				purchaser in Nebraska.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-326 - SALES FACTOR; SALES OF TANGIBLE PERSONAL PROPERTY TO THE U.S. GOVERNMENT IN NEBRASKA

Current through June 17, 2024
326.01 Gross
				receipts from sales of tangible personal property (TPP) to the U.S. Government
				are considered in Nebraska if the TPP is shipped from an office, store, ware
				house, factory, or other place of storage in Nebraska, regardless of the final
				destination of the TPP. For the purposes of this regulation, only sales for
				which the U.S. Government makes direct payment to the seller pursuant to the
				terms of a contract constitute sales to the U.S. Government. Sales by a
				supplier or subcontractor to the prime contractor when the prime contractor is
				the party that contracted with the U.S. Government, are not sales to the U.S.
				Government.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-329 - SALES FACTOR; SALES OTHER THAN SALES OF TANGIBLE PERSONAL PROPERTY IN NEBRASKA; TAX YEARS BEGINNING BEFORE JANUARY 1, 2014

Current through June 17, 2024
329.01 In
				General
For tax years beginning before January 1, 2014, the numerator
				  of the sales factor includes gross receipts from transactions other than the
				  sales of tangible personal property (including transactions with the U.S.
				  Government) if the income-producing activity which gave rise to the receipts is
				  performed within Nebraska. Gross receipts are attributed to this state if, with
				  respect to a particular income-producing activity, the income-producing
				  activity is performed wholly within Nebraska or is performed both within and
				  outside Nebraska but the greater proportion of the income-producing activity is
				  performed in Nebraska, based on costs of performance.
329.02 Income -producing Activity
Income-producing activity means the transactions and
				  activities directly performed for the ultimate purpose of obtaining gains or
				  profit. This determination applies to each separate item of income.
				  Income-producing activity does not include transactions and activities
				  performed on behalf of a taxpayer (for example, those conducted on its behalf
				  by an independent contractor). Income-producing activity includes but is not
				  limited to the following:
329.02A
				Rendering personal services by employees or utilizing tangible and intangible
				property by the taxpayer in performing a service;
329.02B Selling, renting, leasing, licensing
				or other use of real property;
329.02C Renting, leasing, licensing or other
				use of tangible personal property; and
329.02D Selling, licensing, or other use of
				intangible personal property. Holding intangible personal property is not, by
				itself, an income-producing activity.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-331 - SALES FACTOR; SALES OTHER THAN SALES OF TANGIBLE PERSONAL PROPERTY IN NEBRASKA; TAX YEARS BEGINNING ON OR AFTER JANUARY 1, 2014

Current through June 17, 2024
331.01 In
				General
For tax years beginning January 1, 2014, sales other than the
				  sales of tangible personal property are included in the numerator of the sales
				  factor as provided in
				  Reg-24-333 to
				  Reg-24-340. Whether particular sales are attributable to Nebraska is determined
				  on a transaction-by-transaction basis, not customer-by-customer, or
				  contract-by-contract. See, for example
				  Reg-24-333.01D(4)(4).
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-333 - SALES FACTOR; SALES OTHER THAN SALES OF TANGIBLE PERSONAL PROPERTY IN NEBRASKA; SERVICES

Current through June 17, 2024
333.01 Services
Sales of services are attributable to Nebraska if the
				  service, when rendered:
333.01A
				Relates to real property located in Nebraska;
333.01B Relates to tangible personal property
				located in Nebraska at the time the service is received, even if the buyer is
				located in another state;
333.01C
				Is provided to an individual physically present in Nebraska at the time the
				service is received; or
333.01D Is
				provided to a buyer engaged in a trade or business in Nebraska and the service
				relates to a part of the trade or business that is operated in Nebraska. It is
				presumed that a service provided to a buyer operating in Nebraska relates to a
				part of the trade or business that is operated in Nebraska.
333.01D(1) If the service relates to a part
				of the trade or business that is operated both within and outside Nebraska, the
				sales are sourced to Nebraska in proportion to the use of the service in
				Nebraska and the use of the service everywhere for the tax period calculated
				using any reasonable method.
333.01D(2) For purposes of
				Reg-24-333.01D(1)(1),
				operating or engaged in a trade or business in Nebraska means having property,
				payroll, or customers in Nebraska.
333.01D(3) Services which relate to a product
				of the buyer are considered used by the buyer at a location without considering
				where the customers of the buyer are located. Services that relate to the buyer
				as a trade or business are considered used by the buyer at multiple locations
				where the buyer operates its trade or business.
333.01D(4) For example:
333.01D(4)(a) If the service is a payroll
				service and the buyer only has employees in Nebraska, the receipts from
				providing that service are entirely attributable to Nebraska. However, if the
				buyer has employees in multiple states, the receipts from providing the service
				to the buyer could be attributed to Nebraska in proportion to the number of
				employees in Nebraska.
333.01D(4)(b) If the service contributes to
				finishing a product that the buyer produces only in Nebraska, the receipts from
				providing the service are entirely attributable to Nebraska even if the product
				is sold outside Nebraska.
333.01D(4)(c) If the service is advertising
				services that will be broadcast in many states, the sales could be attributed
				to Nebraska in proportion to the market in Nebraska relative to the market in
				all states.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-335 - SALES FACTOR; SALES OTHER THAN SALES OF TANGIBLE PERSONAL PROPERTY IN NEBRASKA; INTANGIBLE PROPERTY

Current through June 17, 2024
335.01 Sales of
				Intangible Property
Sales of intangible property are attributable to Nebraska if
				  the buyer uses the intangible property at a location in Nebraska, even if the
				  buyer's customers are located in another state.
335.01A If the buyer uses the intangible
				property within and outside Nebraska, the sales are attributable to Nebraska in
				proportion to the use of the intangible property in Nebraska and the use
				everywhere during the tax period.
335.01A(1)
				Marketing Intangible. If the intangible is used by the buyer in marketing its
				products, the use of the intangible in Nebraska is the share of the receipts
				that reflects the sales of the buyer within and outside Nebraska. If this
				cannot be determined, the use of the intangible in Nebraska is the share of the
				receipts that reflects the population of Nebraska relative to the population
				everywhere the buyer markets the product using the intangible. Examples of a
				marketing intangible include licensing of a service mark, trademark, or trade
				name.
335.01A(2) Production
				Intangible. If the intangible is used by the buyer to produce its products, the
				use of the intangible in Nebraska is the share of the production which occurs
				in Nebraska using the intangible relative to the production of the product
				using the intangible everywhere. Examples of a production intangible include
				licensing of patents or copyrights.
335.01A(3) Service Intangible. If the
				intangible is used by the buyer like a good or service, or used by the business
				itself, the sales are attributable to Nebraska using the rules for sales of
				services in
				Reg-24-333.
				Examples of a service intangible include licensing use of a legal research
				service.
335.01A(4) Mixed
				Intangible. If the intangible is used by the buyer in more than one of the ways
				listed in
				Reg-24-335.01A(1),(2),or(3)(1),
				(2), or (3), and the fees charged for each
				type of use are separately stated in the license, the separate uses are
				attributable to Nebraska separately. If the intangible is used by the buyer in
				more than one of the ways listed in
				Reg-24-335.01A(1),(2),or(3)(1),
				(2), or (3), and the fees charged for each
				type of use are not separately stated in the license, the sales are
				attributable to Nebraska based on which use is most predominant.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-337 - SALES FACTOR; SALES OTHER THAN SALES OF TANGIBLE PERSONAL PROPERTY IN NEBRASKA; LEASING TANGIBLE PERSONAL PROPERTY IN NEBRASKA; SELLING OR LEASING REAL PROPERTY IN NEBRASKA

Current through June 17, 2024
337.01 Lease,
				Rental, or Licensing of Tangible Personal Property
Gross receipts from the lease, rental, or licensing of
				  tangible personal property are attributed to Nebraska to the extent the
				  tangible personal property is located in Nebraska.
337.01A Tangible personal property is located
				in Nebraska to the extent the tangible personal property is physically present
				or used in Nebraska.
337.01B If the
				property is located within and outside Nebraska, the gross receipts are
				attributed to Nebraska in proportion to the percentage of time the property was
				located in Nebraska.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-338 - SALES FACTOR; SALES OTHER THAN SALES OF TANGIBLE PERSONAL PROPERTY IN NEBRASKA; SALE NOT SPECIFICALLY ADDRESSED

Current through June 17, 2024
338.01 Sale Not
				Specifically Addressed
For sales other than sales of tangible personal property
				  which are not specifically addressed in these regulations, the sales must be
				  attributed to Nebraska so that they fairly represent the extent of the
				  taxpayer's business activity in Nebraska.
338.01A If the buyer is an individual, the
				sale is deemed to have occurred at the buyer's billing address.
338.01B If the buyer is not an individual and
				the order is placed in the regular course of the buyer's business, the sale is
				deemed to have occurred in the state from which the order was placed. If the
				state from which the order was placed cannot be determined, the sale is deemed
				to have occurred at the buyer's billing address.