Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 23 - FIDUCIARY INCOME TAX REGULATIONS › Section 316-23-014 - ADJUSTMENTS OF ANOTHER STATE'S FIDUCIARY INCOME TAX

Current through June 17, 2024
014.01 Reporting Changes from Other States
Any fiduciary who is required to file an income tax return in
				  another state, and who receives changes made by such state in the fiduciary's
				  state income tax return which are material to the tax liability owed to this
				  state or to the amount of distributable income attributable to Nebraska must
				  report the changes to the Nebraska Department of Revenue within ninety days of
				  the final determination of the change. Reportable changes include changes made
				  to the state's return by any competent authority of the state. In reporting any
				  change to the other state's tax return, the fiduciary must furnish the
				  department complete information regarding the amount of income reported and
				  taxes paid to the other state. The report must also concede the accuracy of the
				  final determination or give a statement outlining the specific errors of the
				  final determination.
014.02
				Amended Returns Used to Report Changes
Any adjustments made by the other state's amended returns or
				  by the other state's revenue service must be reported to the department by
				  filing an amended Nebraska Fiduciary Income Tax Return for the taxable year
				  involved. The amended return for Nebraska must be filed within ninety days of
				  the filing of the amended return for the other state, and must include copies
				  of any reports issued by state authorities. A fiduciary who files an amended
				  return with the other state 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 state 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
				  other state is pending.
014.03 Each Amended Return is Filed
				Separately
The amended return for Nebraska must be filed separately and
				  should not be attached to or filed with a return for another taxable year.
				  Payment of any additional tax must accompany the amended
				  return.
014.04 Final
				Determination
For the purpose of determining when adjustments in state
				  income tax constitute a final determination, the following acts will be
				  considered to be a final determination even though the taxpayer and the other
				  state may still be contesting the amount due:
014.04A A decision by a state tax court or a
				judgment, decree, or other order by a court of competent jurisdiction which has
				become final.
014.04B A closing
				agreement authorized by state law which relates either to the total tax
				liability of the fiduciary for a particular taxable year or years or to one or
				more separate items affecting tax liability. A closing agreement becomes final
				for purposes of this regulation on the date of its approval by the other
				state.
014.04C The final
				disposition by the other state of a fiduciary's claim for a refund.
014.04D Any informal agreement between the
				fiduciary and the other state made for the express purpose of serving as a
				determination in respect to the taxable income or tax liability of the
				taxpayer. Such an agreement must include a waiver by the fiduciary of
				restrictions on assessment and the collection of any deficiencies resulting
				from the agreement.
014.04E The
				acceptance of an examining officer's findings in regard to the income of a
				partnership or fiduciary.
014.04F
				The payment of any additional tax by the fiduciary. Any deposit made with the
				other state that can be returned at the request of the fiduciary is not
				considered the payment of the tax by the taxpayer. The additional tax will be
				considered paid when the other state applies the deposit.
014.04G Any other final judgment effecting
				changes in the reported taxable income or distributable income in the other
				state.