reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 21 - PROPOSED INCOME TAX WITHHOLDING REGULATIONS › Section 316-21-009 - PAYMENTS THAT ARE NOT SUBJECT TO INCOME TAX WITHHOLDING

Current through June 17, 2024
009.01 The income tax withholding requirement
				does not apply to wages paid to a Native American Indian who resides in
				Nebraska in Indian country, as defined in federal law, for services performed
				in Indian country in Nebraska. If the services are performed both in and
				outside Indian country in Nebraska, the allocation procedure in Reg-21-006.02
				must be used or the employer must withhold from the entire amount of the
				wages.
009.02 The income tax
				withholding requirement does not apply to a Nebraska nonresident employee for
				services performed in more than one state who is exempted from Nebraska income
				tax by federal law covering certain railroad, motor carrier, and airline
				employees.
009.03 The income tax
				withholding requirement does not apply to nonresident members of the U.S.
				Uniformed Forces, or spouses of these servicemembers who are residents of the
				same state as the servicemember and are in Nebraska to accompany the
				servicemember
009.04 The
				withholding tax does not apply to a Nebraska nonresident employee for services
				performed in more than one state who is exempted from Nebraska income tax by
				federal law covering certain railroad, motor carrier, and airline
				employees.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 21 - PROPOSED INCOME TAX WITHHOLDING REGULATIONS › Section 316-21-010 - INCOME TAX WITHHOLDING EXEMPTIONS

Current through June 17, 2024
010.01 Except as provided in Reg-21.010.01B,
				when determining the proper amount of income tax to be deducted and withheld
				from an employee's wages, the employer will allow the number of exemptions
				claimed by the employee on his or her Employee's Withholding Allowance
				Certificate, Federal Form W-4, for federal income tax purposes.
010.01A An employer must retain a completed
				copy of the Federal Form W-4 for audit purposes.
010.01B If the calculation by an employer
				using the number of claimed exemptions results in income tax withholding from
				an employee that is less than 1½% of gross wages minus qualified tax
				deductions, the employer must obtain satisfactory evidence from the employee
				that a lesser amount of withholding is justified. Satisfactory evidence
				includes birth certificates or Social Security information for dependents or
				other evidence that reasonably assures the employer that the employee is not
				improperly or fraudulently evading or defeating the income tax by reducing or
				eliminating withholding.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 21 - PROPOSED INCOME TAX WITHHOLDING REGULATIONS › Section 316-21-011 - NEBRASKA INCOME TAX WITHHOLDING TO BE SEPARATELY STATED

Current through June 17, 2024
011.01 In each payroll record furnished to an
				employee by the employer for any purpose, the amount of Nebraska wages and
				income tax withholding must be stated separately from the wages and withholding
				for any other jurisdiction.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 21 - PROPOSED INCOME TAX WITHHOLDING REGULATIONS › Section 316-21-012 - CREDIT FOR INCOME TAX WITHHELD BUT NOT REMITTED TO THE DEPARTMENT

Current through June 17, 2024
012.01 Any amount of income tax actually
				deducted and withheld from a payment to an employee by an employer is deemed to
				have been paid to the Department on behalf of the employee, and may be taken as
				a credit on the employee's income tax return even if the employer subsequently
				fails to remit the withheld income tax to the Department. To claim the credit
				on the income tax return for the taxable year, the employee must attach the
				state copy of Federal Form W-2 or 1099-MISC.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 21 - PROPOSED INCOME TAX WITHHOLDING REGULATIONS › Section 316-21-014 - EMPLOYER'S LIABILITY FOR INCOME TAX WITHHOLDING

Current through June 17, 2024
014.01 Every employer required to deduct and
				withhold Nebraska income tax from the wages of an employee is liable for
				payment of the withholding whether or not it is collected from the employee.
				For purposes of assessment and collection, any amount required to be withheld
				and paid to the Department, plus any additions, penalties, or interest, is
				considered a tax obligation of the employer.
014.02 Any amount of income tax actually
				withheld from employees constitutes a special fund held in trust for the
				Department.
014.03 No employee has
				any right of action against an employer regarding any income tax deducted and
				withheld from wages and paid to the Department in compliance with or intended
				to be in compliance with the Nebraska Revenue Act.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 21 - PROPOSED INCOME TAX WITHHOLDING REGULATIONS › Section 316-21-015 - EMPLOYER'S FAILURE TO WITHHOLD INCOME TAX

Current through June 17, 2024
015.01 If any employer fails to deduct and
				withhold income tax as required under the Nebraska Revenue Act, but the
				employee ultimately pays any income tax that is due when he or she files the
				return that relates to the withholding, the employer will not be assessed a
				deficiency for the withholding, but may be assessed penalties, interest, or
				other additions related to the failure to deduct and withhold income
				tax.
015.02 The employer is not
				relieved from liability for payment of the income tax withholding unless he or
				she can prove that the employee's individual income tax has been
				paid.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 21 - PROPOSED INCOME TAX WITHHOLDING REGULATIONS › Section 316-21-016 - PENALTIES FOR FAILURE TO WITHHOLD AND REMIT INCOME TAXES, FILE RETURNS, OR FILE FEDERAL FORM W-2

Current through June 17, 2024
016.01 Any employer who fails to file any
				income tax withholding return by the required due date is subject to a penalty
				of 5% of the amount required to be shown on the return for each month or
				portion of a month the return is late, up to 25%, or $25, whichever is greater.
016.01A Penalties assessed under
				Reg-21-016.01 are due and payable at the time the assessment is final. If the
				amounts due are not paid when final, an additional penalty of 10% of the total
				amount due, excluding interest and other penalties, will be added to the amount
				due.
016.01B The penalty may be
				abated if the employer can show that there was a reasonable cause for the late
				filing and that it was not the result of willful neglect.
016.01C For purposes of determining the
				amount of the penalty, the amount shown on the return is reduced by the amount
				paid prior to the due date and any credit properly claimed on the
				return.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 21 - PROPOSED INCOME TAX WITHHOLDING REGULATIONS › Section 316-21-018 - DEPARTMENT MAY REQUIRE AN EARLY RETURN AND PAYMENT OF INCOME TAX WITHHELD

Current through June 17, 2024
018.01 The Department may, after notice is
				given to the employer, require the employer to file a return and pay the income
				tax deducted and withheld by the employer at any time, or at frequent
				intervals, if the Department determines this action is necessary to assure that
				the income tax withheld is remitted to the Department.
018.02 Whenever any employer fails to
				collect, trustfully account for, pay, or file a return as required by the
				Nebraska Revenue Act, the Department may give notice requiring the employer to
				collect any income tax withholding which becomes collectible after receiving
				the notice, and pay the withholding immediately to the Department
				electronically, by certified check, or by bank draft. The interval of this
				collection and remittance may be as frequent as the end of each payroll period.
				The Department may require that the payment must be received as early as the
				next business day following the close of the payroll period. A notice of these
				requirements remains in effect until the Department serves a notice of
				cancellation on the employer.
018.03 All notices described in this
				regulation may be served personally or by first class mail, to the last known
				address of the employer in the records of the Department.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 21 - PROPOSED INCOME TAX WITHHOLDING REGULATIONS › Section 316-21-019 - CORRECTING MISTAKES IN INCOME TAX WITHHOLDING

Current through June 17, 2024
019.01 If less than the correct amount of
				income tax withholding is paid by the employer to the Department, a proper
				adjustment must be made on the first return filed after the error is
				discovered. If no withholding is deducted, or if less than the correct amount
				is withheld from any wages, the employer may deduct the amount of
				undercollection from later wages paid to the employee. The employer is liable
				to the Department for any underpayment, and reimbursement of the employer is
				between the employer and the employee.
019.02 In any filing period, if more than the
				correct amount of income tax withholding is deducted from any wages and paid to
				the Department, the excess deducted will not be repaid directly to the employer
				or to the employee. The Department may credit any overpayment against any
				income tax liability of the employee. Any balance will be refunded pursuant to
				the law regarding refunds.
019.03
				If there has been an overpayment of income tax withholding to the Department by
				the employer, a refund will be made to the employer, but only to the extent
				that the amount of overpayment was not actually deducted and withheld by the
				employer from any wages.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 22 - INDIVIDUAL INCOME TAX REGULATIONS › Section 316-22-001 - DEFINITION OF RESIDENT INDIVIDUAL

Current through June 17, 2024
001.01 At any given time, every individual is
				either a resident or a nonresident of Nebraska.
001.01A The term resident individual means
				every individual who is domiciled in this state, even though absent for
				temporary or transitory purposes, and every individual who for an aggregate of
				more than six months both maintains a permanent place of abode within this
				state and who is present in this state.
001.01B A nonresident is every individual who
				is not a resident individual.
001.01C Nebraska residence will be determined
				by Nebraska law.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 22 - INDIVIDUAL INCOME TAX REGULATIONS › Section 316-22-005 - LOSS CARRYOVER AND CARRYBACK

Current through June 17, 2024
005.01 Nebraska Net Operating Losses
Losses realized on or after January 1, 1968, by an individual
				  may be included for purposes of computing the Nebraska income tax. The
				  appropriate federal rules will be used, except that no loss shall be carried
				  back to income earned before January 1, 1968.
005.02 Federal Net Operating Losses and
				Capital Losses
Individual taxpayers who have deducted a federal net
				  operating loss or a federal capital loss in computing their federal adjusted
				  gross income shall add such deduction to their federal adjusted gross income in
				  order to determine Nebraska taxable income.
005.03 Net Operating Loss Carryback and
				Carryover
An individual, who has incurred a Nebraska net operating
				  loss, shall be allowed to carry back such loss for the period allowed by the
				  Internal Revenue Code as an adjustment decreasing federal adjusted gross income
				  in the prior year. If the taxable income for this period is not sufficient to
				  absorb the entire loss, the individual is then entitled to a carryover of the
				  remaining amount of the loss to the taxable years allowed by the Internal
				  Revenue Code following the loss year. The loss will be absorbed in the earliest
				  year of the above period that has taxable income. The provisions of the
				  Internal Revenue Code shall be used in computing the amount of the loss
				  available for carryover.
005.03A If an
				individual elects to forego the entire carryback period for a federal net
				operating loss and only deduct the losses during the carryover period, the
				election for federal purposes will be followed for Nebraska purposes with
				regard to a Nebraska net operating loss.
005.03B When an individual has incurred a
				Nebraska net operating loss, but has no federal net operating loss, the
				individual may elect to relinquish the carryback period for Nebraska purposes
				when the Internal Revenue Code provides for a similar election for federal
				purposes. The election must be made by attaching a statement to the Nebraska
				return and filing the return by the due date, including extensions, for the tax
				year of the net operating loss. Failure to timely file the election with the
				original return for the loss year will require the use of the carryback period.
				The election cannot be changed once it has been made.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 22 - INDIVIDUAL INCOME TAX REGULATIONS › Section 316-22-011 - CREDIT FOR INCOME TAXES PAID BY A RESIDENT TO ANOTHER STATE, POLITICAL SUBDIVISION OF ANOTHER STATE, OR THE DISTRICT OF COLUMBIA

Current through June 17, 2024
011.01 Residents are allowed a credit against
				the Nebraska individual income tax for income taxes paid to another state of
				the United States, or local subdivision. The amount of the credit allowable
				cannot exceed the Nebraska individual income tax due on the income subject to
				tax in the other state. The portion of the Nebraska tax that is due on the
				income subject to tax in the other state is calculated by multiplying the
				Nebraska individual income tax liability by a fraction, the numerator of which
				is the adjusted gross income subject to tax in both states and the denominator
				of which is the entire federal adjusted gross income as modified by the
				adjustments in Reg-22-002.04.
011.02 The credit is limited to income taxes
				actually paid to the other state. The credit may not be claimed on account of
				interest or penalties paid or for any nonrefundable credits used to satisfy the
				liability to another state. The credit may not be applied against any interest
				or penalties due. The credit may be applied against the Nebraska individual
				income taxes due for the same year.
011.03 The credit may be taken either at the
				time of filing the Nebraska returns or later and may be applied against the
				entire tax until the credit is exhausted. However, no credit will be allowed on
				account of income taxes imposed by another state until those taxes are actually
				paid.
011.03A A copy of the return or
				returns, upon which the taxes are assessed must be filed with the Nebraska
				Department of Revenue at the time the credit is claimed.
011.03B A statement showing the taxes
				withheld may be used for any jurisdiction that does not require a
				return.
011.03C If credit is
				claimed on account of a deficiency assessment made by another state, a
				certified copy of the notice assessing or proposing to assess a deficiency, a
				receipt showing the payment of the deficiency, and a statement conceding the
				accuracy of the deficiency, must be filed.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 22 - INDIVIDUAL INCOME TAX REGULATIONS › Section 316-22-012 - INDIVIDUAL INCOME TAX RETURNS; DUE DATE, PAYMENT OF TAX, AND SCHOOL DISTRICT INFORMATION

Current through June 17, 2024
012.01 The due date for the Nebraska
				Individual Income Tax Return, and the date for payment of the Nebraska
				individual income tax is the 15th day of the fourth month following the close
				of the taxable year, or April 15 for calendar year taxpayers. If such due date
				falls on a Saturday, Sunday, or legal holiday, the filing of the return on the
				next day that is not a Saturday, Sunday, or legal holiday will be considered
				timely filed.
012.02 The date of a
				United States Postal Service postmark stamped on the envelope is the date of
				filing if the return was deposited in the mail, postage prepaid, and properly
				addressed to the Nebraska Department of Revenue. If there is no United States
				Postal Service postmark, the return must be received by the prescribed date to
				be timely filed. A postmark from a private postage meter is not a United States
				Postal Service postmark.
012.03 A
				taxpayer with a permanent place of abode or a domicile in Nebraska on the last
				day of the taxable year must enter the county in which the district is located,
				and the school identification number in the space provided on the
				return.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 22 - INDIVIDUAL INCOME TAX REGULATIONS › Section 316-22-013 - JOINT OR SEPARATE RETURNS

Current through June 17, 2024
013.01 When a husband and wife, both of whom
				are either residents or nonresidents for the entire taxable year, have elected
				to file a joint federal return, they must file a joint Nebraska return; or if
				they have elected to file separate federal returns, they must file separate
				Nebraska returns.
013.01A If a military
				service member has elected to file a joint Nebraska return with a Nebraska
				resident or partial-year resident, the nonresident's military income for active
				duty service is deducted as an adjustment on the Nebraska return. (See
				Regulation 22-003 )
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 22 - INDIVIDUAL INCOME TAX REGULATIONS › Section 316-22-014 - INDIVIDUAL INCOME TAX; EXTENSION OF TIME FOR FILING RETURN AND PAYMENT OF TAX

Current through June 17, 2024
014.01 An extension of time granted by the
				Internal Revenue Service (IRS) to file a federal individual income tax return
				automatically extends the time for filing a Nebraska individual income tax
				return. An individual who has been granted an extension from the IRS is
				required to attach a copy of the federal application for automatic extension of
				time or the approved application for additional extension of time to the
				Nebraska return when filed.
014.02
				The Nebraska Department of Revenue may grant an extension of time to file the
				Nebraska return even though an extension has not been granted to file the
				federal return. The Nebraska Application for Extension of Time to File a
				Nebraska Individual, Fiduciary, or Partnership Return, Form 2688N, must be
				filed on or before the original due date of the return.
014.02A The Nebraska Department of Revenue
				may grant additional extensions of time for filing a Nebraska return when the
				conditions warrant. However, no such additional extension will be granted for a
				period exceeding seven months from the original due date of the
				return.
014.02B U.S. citizens or
				residents, including military personnel, living outside the U.S. and Puerto
				Rico are granted an automatic extension up to and including the 15th day of the
				sixth month following the close of their tax year. A statement must be attached
				to the return noting entitlement to this automatic extension.
014.02C Members of the Armed Forces and
				civilians serving in support of the Armed Forces who serve in a designated
				combat zone or who are hospitalized outside the United States as a result of an
				injury received while in a combat zone can receive an extension of time to file
				and pay tax for the period of the combat service or hospitalization plus 180
				days. This extension also applies to a taxpayer's spouse who wishes to file a
				joint return. A statement must be attached to the return noting entitlement to
				this extension.
014.02D Federal
				disaster areas. Any extension of time granted by the IRS to a taxpayer affected
				by a disaster may receive an extension of time to file a state individual
				income tax return.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 22 - INDIVIDUAL INCOME TAX REGULATIONS › Section 316-22-015 - ADJUSTMENTS OF FEDERAL INDIVIDUAL INCOME TAX

Current through June 17, 2024
015.01 Any changes made by the Internal
				Revenue Service in the taxpayer's federal income tax return must be reported to
				the Nebraska Department of Revenue by filing the appropriate Amended Nebraska
				Individual Income Tax Return for the taxable year involved. The amended return
				for Nebraska must be filed within ninety days of the final determination of the
				change. Reportable changes include all changes made to the federal return by
				the Internal Revenue Service Processing Center or any other Internal Revenue
				Service office.
015.02 Any
				adjustments made on federal amended returns which do not result in a federal
				refund or credit must be reported to the Nebraska Department of Revenue within
				ninety (90) days of the filing of the federal amended return. Any adjustments
				made on federal amended returns which result in a federal credit or refund must
				be reported to the Nebraska Department of Revenue within ninety (90) days of
				the taxpayer's receipt of proof that the federal credit or refund was accepted
				by the Internal Revenue Service or within any other applicable period provided
				by law, whichever is later.
015.02A
				Adjustments made on federal amended returns or by the Internal Revenue Service
				shall be reported to the Tax Commissioner by filing an Amended Nebraska
				Individual Income Tax Return, Form 1040XN, for the taxable year involved. The
				amended return for Nebraska must include copies of the federal amended return,
				Internal Revenue Service report, or other document which substantiates the
				adjustments claimed.
015.02B A
				taxpayer who files an amended return with the Internal Revenue Service as a
				protective claim is not required to file an amended return with Nebraska. The
				acceptance of the claim, or the payment of the refund, constitutes a federal
				change that must be reported. A protective claim is a claim filed to protect
				the taxpayer from the expiration of the statute of limitations while a separate
				action challenging a position of the Internal Revenue Service is
				pending.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 22 - INDIVIDUAL INCOME TAX REGULATIONS › Section 316-22-016 - METHODS OF ACCOUNTING

Current through June 17, 2024
016.01 In computing income tax imposed under
				the Nebraska Revenue Act of 1967, as amended, the taxpayer's method of
				accounting must be the same as his or her method of accounting used for federal
				income tax purposes.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 22 - INDIVIDUAL INCOME TAX REGULATIONS › Section 316-22-017 - RECORDS

Current through June 17, 2024
017.01 In general
Any person subject to tax under the Nebraska Revenue Act of
				  1967, as amended, or any person required to file an information return for the
				  taxable year, shall keep such permanent books of account or records, including
				  inventories and all supporting documents, as are sufficient to establish the
				  amount of gross income, deductions, credits, or other matters which may be
				  required to support any income tax or information return. Records of all fuel
				  purchases must be retained if a credit for nonhighway use motor vehicle fuels
				  was claimed.
017.02
				Availability of books and records
Such books or records shall be kept available at all times
				  for inspection by the Nebraska Department of Revenue or its agents for the
				  purpose of ascertaining the correctness of any return or other document
				  required to be filed under the Nebraska Revenue Act.
017.03 Retention of records
Each taxpayer shall retain all of his or her records relating
				  to a taxable year as long as their contents may become material in the
				  administration of any Nebraska tax laws. If the Nebraska Department of Revenue
				  serves a notice of deficiency for a taxable year, the taxpayer shall retain all
				  of his or her records relating to that taxable year until the deficiency has
				  been satisfied, abated, settled, or disallowed.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 22 - INDIVIDUAL INCOME TAX REGULATIONS › Section 316-22-019 - CREDITS AGAINST THE NEBRASKA INDIVIDUAL INCOME TAX

Current through June 17, 2024
019.01 Personal Exemption Credit
Beginning with the 1993 tax year, individuals are allowed a
				  nonrefundable credit for each federal personal exemption allowed on the
				  taxpayer's federal income tax return.
019.01A Indexing. The credit will be indexed
				by the method provided in Internal Revenue Code section 151 (IRC
				151).
019.01B Higher income
				taxpayers. The credit will be reduced by five dollars, but not below zero, for
				every five thousand dollar increment of federal adjusted gross income (AGI)
				which exceeds a threshold. The threshold amounts will be adjusted for inflation
				by the method provided in IRC section 151. The Tax Commissioner shall provide a
				table for calculating the phase out of the credit.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 22 - INDIVIDUAL INCOME TAX REGULATIONS › Section 316-22-020 - SPECIAL CAPITAL GAINS

Current through June 17, 2024
020.01 Any resident individual may make an
				election to subtract from federal adjusted gross income the capital gain from
				the sale of stock which meets the following conditions:
020.01A The stock must be the stock of a
				qualified corporation;
020.01B The
				stock must have been acquired by the individual while employed or on account of
				employment by the qualified corporation; and
020.01C The individual has not previously
				made an election for stock of a different qualified corporation.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 23 - FIDUCIARY INCOME TAX REGULATIONS › Section 316-23-001 - DEFINITION OF THE TERM RESIDENT ESTATE OR TRUST

Current through June 17, 2024
001.01 A resident estate or trust includes:
001.01A The estate of a decedent who at his
				or her death was domiciled in Nebraska,
001.01B A trust or portion of a trust which
				consists of property transferred by the last will and testament of a decedent,
				who, at his or her death, was domiciled in Nebraska,
001.01C A trust or portion of a trust which
				was created by or which consists of property of a person domiciled in this
				state at the time the trust became irrevocable.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 23 - FIDUCIARY INCOME TAX REGULATIONS › Section 316-23-002 - DEFINITION OF THE TERM NONRESIDENT ESTATE OR TRUST-DOMICILE

Current through June 17, 2024
002.01 A nonresident estate or trust is every
				estate or trust which is not a resident estate or trust and includes:
002.01A The estate of a decedent who was not
				domiciled in Nebraska at his or her death,
002.01B A trust which consists of property
				transferred by the last will and testament of a decedent who at his or her
				death was not domiciled in Nebraska,
002.01C A trust which consists of property
				of, or was created by, a person not domiciled in Nebraska at the time the trust
				became irrevocable.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 23 - FIDUCIARY INCOME TAX REGULATIONS › Section 316-23-003 - ENTITIES WHICH ARE NOT INCLUDED IN THE TAXATION OF ESTATES AND TRUSTS

Current through June 17, 2024
003.01 The term estate refers only to the
				estates of deceased persons and does not include such estates as those which
				are maintained for minors, persons adjudicated incompetent, or for any person
				who is suffering from some other legal disability. The Nebraska income tax
				liability for these persons shall be computed on the same form (Form 1040N or
				Form 1040NS) as that used for any other individual taxpayer but it may be
				prepared in the name of the disabled individual and signed by the guardian or
				conservator. None of the particular provisions of the act which refer to trusts
				and estates apply to these situations.
003.02 Trusts, which are taxed as
				corporations under the Internal Revenue Code, shall be taxed as corporations
				under the Nebraska Revenue Act of 1967, as amended. A trust which, by reason of
				its purposes or activities, is exempt from federal income tax, is also exempt
				from Nebraska income tax except as to unrelated business taxable
				income.
003.03 Receivers and
				trustees in bankruptcy shall have the same duties with respect to Nebraska
				income tax as they have under the Internal Revenue Code, and they shall file
				the Nebraska income tax return that corresponds to the income tax return
				required for federal income tax purposes.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 23 - FIDUCIARY INCOME TAX REGULATIONS › Section 316-23-006 - FIDUCIARIES FOR NONRESIDENT ALIEN BENEFICIARIES

Current through June 17, 2024
006.01 A fiduciary or other person charged
				with the care of the personal property of a nonresident alien individual shall
				make a Nebraska income tax return for that individual and pay any tax due
				unless:
006.01A The nonresident alien
				individual files a Nebraska income tax return and pays the income tax on income
				derived from the personal property,
006.01B A responsible representative or agent
				in the United States of the nonresident alien individual files a Nebraska
				income tax return and pays the Nebraska income tax on the income of the
				nonresident alien individual, or
006.01C The nonresident alien individual has
				appointed a person in the United States to act as his or her agent for the
				purpose of making a return of income and, if such fiduciary is required to file
				a Form 1041N for an estate or trust of which such alien individual is a
				beneficiary, such fiduciary attaches a copy of the agency appointment to his or
				her return on Form 1041N.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 23 - FIDUCIARY INCOME TAX REGULATIONS › Section 316-23-007 - NONRESIDENT BENEFICIARIES-AGREEMENT TO PAY TAX-WITHHOLDING FROM BENEFICIARY

Current through June 17, 2024
007.01 Nebraska Nonresident Income Tax
				Agreement
A nonresident beneficiary deriving Nebraska taxable income
				  from a trust or estate is required to execute and forward to the trust or
				  estate a Nebraska Nonresident Income Tax Agreement, Form 12N, which states that
				  the nonresident will file a Nebraska income tax return and pay tax on all
				  income derived from or connected with Nebraska sources. This agreement should
				  be forwarded to the trust or estate before the original due date of the
				  fiduciary return which is the 15th day of the fourth month following the close
				  of its taxable year. The fiduciary shall attach the completed Form 12N to the
				  fiduciary return. Any nonresident who files Form 12N to avoid withholding must
				  file a Nebraska income tax return.
007.02 Nonresident Withholding
In the absence of the above agreement, the estate or trust
				  shall withhold and remit to the Nebraska Department of Revenue an amount equal
				  to the highest individual income tax rate multiplied by the nonresident
				  beneficiary's share of distributable income which was derived from or
				  attributable to Nebraska sources. The fiduciary must report the amount withheld
				  from each beneficiary on a Statement of Nebraska Income Tax Withheld for
				  Nonresident Individual, Form 14N, with one copy attached to the fiduciary
				  return. The full amount of the withholding is, at the taxpayer's option,
				  retained in lieu of the filing of an income tax return. Any nonresident who so
				  desires can still file a return and claim a refund if there is one due. When a
				  trust or estate has made a remittance to the Nebraska Department of Revenue on
				  behalf of a nonresident beneficiary, the nonresident beneficiary will be
				  allowed his or her share of the remittance made by the trust or estate as a
				  credit against his or her Nebraska income tax liability.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 23 - FIDUCIARY INCOME TAX REGULATIONS › Section 316-23-008 - CREDITS AGAINST THE NEBRASKA TAX

Current through June 17, 2024
008.01 Credit for tax paid to another state
Only resident estates or trusts can claim credit for income
				  tax paid to another state, political subdivision of another state, or the
				  District of Columbia.
008.01A The
				maximum credit allowed for taxes paid to another state is the lesser of the
				computed tax credit or the actual tax paid, not to exceed the Nebraska income
				tax. The computed tax credit is calculated by dividing the taxable income from
				the other state by the Nebraska adjusted federal taxable income of the
				fiduciary, and multiplying the quotient by the Nebraska income tax.
008.01B The only acceptable supporting
				document for the credit claimed for income tax paid to another state is a
				signed copy of the income tax return filed with the state for which the credit
				is claimed. If the estate or trust is claiming credit for income tax paid to a
				political subdivision of another state in which no annual income tax return is
				required, then a W-2 statement supporting the credit claim should be attached
				to the return.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 23 - FIDUCIARY INCOME TAX REGULATIONS › Section 316-23-009 - FILING OF RETURNS AND PAYMENT OF TAX

Current through June 17, 2024
009.01 Filing Date
The Nebraska Fiduciary Income Tax Return, Form 1041N, must be
				  filed on or before the fifteenth day of the fourth month following the close of
				  the taxable year of the estate or trust.
009.01A Simple trusts do not have to file a
				fiduciary return if all of the trust's beneficiaries are residents of the State
				of Nebraska, all of the trust's income is derived from sources within Nebraska,
				and the trust has no federal tax liability.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 23 - FIDUCIARY INCOME TAX REGULATIONS › Section 316-23-010 - ADJUSTMENTS OF FEDERAL INCOME TAX

Current through June 17, 2024
010.01 Requirements as to reporting changes
				made by the Internal Revenue Service
Any changes made by the Internal Revenue Service in the
				  estate's or trust's federal income tax return must be reported by filing the
				  appropriate amended Nebraska fiduciary income tax return for the taxable year
				  involved. The amended return for Nebraska must be filed within ninety (90) days
				  of the final determination of the change. Reportable changes include all
				  changes made to the federal return by the Internal Revenue Service Processing
				  Center or any other Internal Revenue Service office.
010.02 Method of reporting changes
Any adjustments made on a federal amended return which do not
				  result in a federal refund or credit must be reported to the Nebraska
				  Department of Revenue within ninety (90) days of the filing of the federal
				  amended return. Any adjustments made on a federal amended return which result
				  in a federal credit or refund must be reported to the Nebraska Department of
				  Revenue within ninety (90) days of the taxpayer's receipt of proof that the
				  federal credit or refund was accepted by the Internal Revenue Service or within
				  any other applicable period provided by law, whichever is later.
010.02A Adjustments made on a federal amended
				return or by the Internal Revenue Service shall be reported to the Tax
				Commissioner by filing an amended Nebraska Fiduciary Income Tax Return for the
				taxable year involved.
010.02A(1) The amended
				return for Nebraska must be filed separately and should not be attached to a
				return for another taxable year. Payment of any additional tax must accompany
				the amended return. In reporting any change to, or amendment of, the federal
				income tax return, the taxpayer must furnish the Nebraska Department of Revenue
				complete information regarding the amount of income reported and taxes paid to
				the United States. The report must include copies of the federal amended
				return, Internal Revenue Service report, or other document which substantiates
				the adjustments claimed and concede the accuracy of any 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 23 - FIDUCIARY INCOME TAX REGULATIONS › Section 316-23-011 - METHODS OF ACCOUNTING

Current through June 17, 2024
011.01 In computing income tax imposed under
				the Nebraska Revenue Act of 1967, as amended, the taxpayer's method of
				accounting must be the same as his method used for federal income tax
				purposes.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 23 - FIDUCIARY INCOME TAX REGULATIONS › Section 316-23-012 - RECORDS

Current through June 17, 2024
012.01 In general
Any person subject to tax under the Nebraska Revenue Act of
				  1967, as amended, or any person required to file an information return for the
				  taxable year, shall keep such permanent books of account or records, including
				  inventories and all supporting documents, as are sufficient to establish the
				  amount of gross income, deductions, credits, or other matters which may be
				  required to support any income tax or information return.
012.02 Availability of books and records
Such books or records shall be kept available at all times
				  for inspection by the Tax Commissioner or any agent or representative
				  designated by him for the purpose of ascertaining the correctness of any return
				  or other document required to be filed under the Nebraska Revenue
				  Act.
012.03 Retention of
				records
Each taxpayer shall retain all of his records relating to a
				  taxable year as long as their contents may become material in the
				  administration of any Nebraska tax laws. If the Tax Commissioner serves a
				  notice of deficiency for a taxable year, the taxpayer shall retain all of his
				  records relating to that taxable year until the deficiency has been satisfied,
				  abated, settled, or disallowed.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 23 - FIDUCIARY INCOME TAX REGULATIONS › Section 316-23-013 - LOSS CARRYOVER AND CARRYBACK

Current through June 17, 2024
013.01 Deduction of Net Operating Losses
Losses realized on or after January 1, 1968, by an estate or
				  trust may be included for purposes of computing the Nebraska income tax. The
				  appropriate federal rules will be used, except that no loss shall be carried
				  back to income earned before January 1, 1968.
013.02 Period of Carryback or Carryover
An estate or trust, which has incurred a Nebraska net
				  operating loss, shall be allowed to carry back such loss for the period allowed
				  by the Internal Revenue Code (IRC) as an adjustment decreasing federal taxable
				  in the prior year. If the taxable income for this period is not sufficient to
				  absorb the entire loss, the estate or trust is then entitled to a carryover of
				  the remaining amount of the loss to the taxable years allowed by the IRC
				  following the loss year. The loss will be absorbed in the earliest year of the
				  above period that the estate or trust has taxable income. The provisions of the
				  IRC shall be used in computing the amount of the loss available for
				  carryover.
013.02A If an estate or
				trust elects to forego the entire carryback period for a federal net operating
				loss and only deduct the losses during the carryover period, the election for
				federal purposes will be followed for Nebraska purposes with regard to a
				Nebraska net operating loss.
013.02B When an estate or trust has incurred
				a Nebraska net operating loss, but has no federal net operating loss, the
				estate or trust may elect to relinquish the carryback period for Nebraska
				purposes when the IRC provides for a similar election for federal purposes. The
				election must be made by attaching a statement to the Nebraska return and
				filing the return by the due date, including extensions, for the tax year of
				the net operating loss. Failure to timely file the election with the original
				return for the loss year will require the use of the carryback period. The
				election cannot be changed once it has been made.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-003 - EXEMPT ORGANIZATIONS

Current through June 17, 2024
003.01 Tax-exempt status; Determination
				letter; Internal Revenue Service determination letter issued. Any organization
				transacting business in Nebraska and exempt from federal income tax for which a
				ruling or determination letter has been issued by the Internal Revenue Service
				is exempt from Nebraska income tax.
003.02 Tax-exempt status; Internal Revenue
				Service determination letter not issued. Any organization which is exempt under
				the regulations of the Internal Revenue Service, for which a ruling or
				determination letter is not issued, is exempt from Nebraska income
				tax.
003.03 Filing requirements;
				income tax returns; revocation of tax-exempt status. No annual income tax
				information returns will be required from exempt organizations unless a federal
				return of unrelated business income is required to be filed. If such a federal
				return is required, the organization shall report those items of unrelated
				business income which are attributable to income derived from Nebraska sources.
				Such information shall be filed on Form 1120N. If the tax exempt status is
				revoked by the Internal Revenue Service, the Nebraska Department of Revenue
				must be notified within ninety days.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-008 - CORPORATE INCOME TAX: RATE OF TAX

Current through June 17, 2024
008.01 Entities which are subject to the
				corporation income tax are taxable upon the federal taxable income derived from
				or connected to sources within Nebraska.
008.01A The tax rate for the entire taxable
				year is the rate in effect on the first day of the corporate taxpayer's taxable
				year. Corporate taxpayers on a fiscal year reporting basis must use the tax
				rate in effect on the first day of the taxable period. Corporate taxpayers may
				not use varying tax rates in effect for different portions of a taxable
				year.
008.01B For taxable years
				beginning after December 31, 1974, and before January 1, 1982, any entity
				subject to corporation income tax is subject to tax, at a rate equal to 25% of
				the rate imposed on individuals on the first $25,000 of taxable income, and
				27.5% of the rate imposed on individuals on any amount in excess of
				$25,000.
008.01C For taxable years
				beginning on or after January 1, 1982 and before January 1, 1987, any entity
				subject to corporation income tax is subject to tax at a rate equal to 25% of
				the rate imposed on individuals on the first $50,000 of taxable income, and 35%
				of the rate imposed on individuals on any amount in excess of
				$50,000.
008.01D For taxable years
				beginning on or after January 1, 1987 and before January 1, 1990, any entity
				subject to corporation income tax is subject to tax at a rate equal to 4.75% on
				the first $50,000 of taxable income, and at the rate of 6.65% on all taxable
				income in excess of $50,000.
				008.01E For
				taxable years beginning on or after January 1, 1990 and before January 1, 1991,
				any entity subject to corporation income tax is subject to tax at a rate equal
				to 5.17% on the first $50,000 of taxable income, and at the rate of 7.24% on
				all taxable income in excess of $50,000.
008.01F For taxable years beginning on or
				after January 1, 1991 and before January 1, 2008, any entity subject to
				corporation income tax is subject to tax at a rate equal to 5.58% on the first
				$50,000 of taxable income, and at the rate of 7.81% on all taxable income in
				excess of $50,000.
008.01G For
				taxable years beginning on or after January 1, 2008, any entity subject to
				corporation income tax is subject to tax at a rate equal to 5.58% on the first
				$100,000 of taxable income, and at the rate of 7.81% on all taxable income in
				excess of $100,000.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-015 - SEPARATE ACCOUNTING

Current through June 17, 2024
015.01 If a taxpayer is engaged in a
				multistate business and the income derived from within Nebraska is separate and
				distinct from the income derived without Nebraska pursuant to the requirements
				stated below, the taxpayer may request permission to separately account taxable
				income to Nebraska.
015.01A The books and
				records are kept by recognized accounting standards to accurately reflect the
				amount of income of the multistate business which was realized in Nebraska
				during the taxable period,
015.01B
				The business operations are separate and distinct and there are no interstate,
				intercompany, or interdivisional purchases, sales, or transfers during the
				period.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-043

Current through June 17, 2024
Neb. Rev. Stat. §§
											77-2704,
					 77-2791,
					 77-2793,
					 77-2794,
					 77-2795,
					 77-2797,
					 and
					 77-2799.
					 July 3, 2013.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-046

Current through June 17, 2024
Neb. Rev. Stat. §§
											77-2774,
					 77-2775,
					 77-2786,
					 and
					 77-2793.
					 July 3, 2013.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 24 - CORPORATION INCOME TAX › Section 316-24-063

Current through June 17, 2024
Neb. Rev. Stat. §§
											77-2774,
					 77-2775,
					 77-2786,
					 and
					 77-2793.
					 July 3, 2013