reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 40 - Property Tax Exemption Regulations › Section 350-40-001 - PURPOSE

Current through June 17, 2024
These regulations govern property tax exemptions of certain
				  real and personal property as authorized by the Constitution and laws of the
				  State of Nebraska.
Neb. Rev. Stat. §§
											77-702,
					 and
					 77-702.
					 July 3, 2013.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 40 - Property Tax Exemption Regulations › Section 350-40-003 - GOVERNMENTAL PROPERTY TAX EXEMPTIONS

Current through June 17, 2024
003.01 Real and personal property owned by
				the state of Nebraska and its governmental subdivisions that is used or being
				developed for use for a public purpose is exempt from property tax. Property of
				other states or their governmental subdivisions located in Nebraska is subject
				to property tax.
003.02 Taxation of
				property owned by the United States government and its agencies or
				instrumentalities is governed by federal law. Generally, this property is
				exempt unless a specific act of Congress subjects it to the state's taxing
				authority.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 40 - Property Tax Exemption Regulations › Section 350-40-004 - AGRICULTURAL AND HORTICULTURAL SOCIETY PROPERTY TAX EXEMPTIONS

Current through June 17, 2024
004.01 Property owned by and used exclusively
				by agricultural and horticultural societies is exempt from property tax. A
				society must be the owner of the property and the exclusive use of the property
				must be one that will qualify the property for exemption.
004.02 Exclusive use means the predominant or
				primary use of the property as opposed to incidental use. The exemption will
				not be lost if the property is used in an occasional or incidental manner, as
				long as the predominant or primary use of the property is for one or more of
				the exempt uses.
004.03 An
				agricultural and horticultural society is a nonprofit organization promoting
				agricultural interests and includes, but is not necessarily limited to: the
				Nebraska State Board of Agriculture established by Chapter 2, article 1, county
				agricultural societies organized pursuant to Chapter 2, article 2, agricultural
				associations organized pursuant to Chapter 2, article 20, and, agricultural
				organizations organized pursuant to Chapter 2, article 28.
004.03A An agricultural and horticultural
				society does not include an association which devotes a substantial part of its
				activities to attempting to influence legislation, or which provides money,
				services, or endorsements to influence any political campaign for public
				office.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 40 - Property Tax Exemption Regulations › Section 350-40-005 - EDUCATIONAL, RELIGIOUS, CHARITABLE, AND CEMETERY PROPERTY TAX EXEMPTIONS

Current through June 17, 2024
005.01 A five part statutory test is used to
				determine eligibility for educational, religious, charitable, and cemetery
				property tax exemptions. The five mandated criteria are ownership, exclusive
				use, no financial gain or profit, restricted alcoholic liquor sales, and
				prohibited discrimination. The property must meet all five criteria for the
				exemption to be allowed.
An organization need not be established solely for
				  educational, religious, charitable, or cemetery purposes; it may be established
				  for a combination of two or more of the exempt uses. For example, a religious
				  organization may own a cemetery or an educational organization which also
				  provides religious activities.
005.01A
				Educational organization means an institution operated exclusively for the
				purpose of offering regular courses with systematic instruction in academic,
				vocational, or technical subjects, or an organization that assists students
				relating to the origination, processing, or guaranteeing of federally insured
				student loans for higher education.
005.01A(1) Educational organization shall
				also mean a museum or historical society operated exclusively for the benefit
				and education of the public.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 40 - Property Tax Exemption Regulations › Section 350-40-008 - PRE-EXISTING TAX LIENS ON TAX EXEMPT PROPERTY

Current through June 17, 2024
008.01 When taxes, which are a lien on the
				property, were validly levied upon the property because the property was not
				exempt from taxation, the lien cannot be discharged solely by acquisition of
				the property by an organization or society for exempt use or conversion of the
				property to exempt use. When an organization or society acquires title to the
				property for exempt use, but does not provide for discharging any pre-existing
				tax liens, the property is acquired subject to the liens and the liens remain
				attached to the property. The property upon which the lien is attached is
				subject to tax foreclosure sale in order to satisfy the pre-existing
				lien.
008.02 If the state, its
				governmental subdivisions, or a federal governmental entity acquires property
				subject to a pre-existing tax lien, the property is not subject to levy and
				sale in order to satisfy the tax lien. The lien will remain on the property
				until paid or until the expiration of 15 years. If the property is sold to a
				person or entity other than the state, its governmental subdivisions, or a
				federal governmental entity prior to the expiration of the lien, the property
				will be acquired subject to the tax lien and will be subject to sale if the
				lien is not satisfied.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 40 - Property Tax Exemption Regulations › Section 350-40-009 - PUBLIC NOTICE OF PROPERTY TAX EXEMPTIONS

Current through June 17, 2024
009.01 During September of each year, the
				county board of equalization must publish in a newspaper of general circulation
				in the county, a list of all real property exempted by the county board of
				equalization from property tax for that tax year. The list must contain the
				exemptions of property in the following categories:
(1) agricultural and horticultural societies;
(2) educational organizations;
(3) religious organizations;
(4) charitable organizations;
(5) cemetery organizations; and
(6) any organization for the
				exclusive benefit of an educational, religious, charitable, or cemetery
				organization.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 40 - Property Tax Exemption Regulations › Section 350-40-011 - DISABLED OR BLIND HONORABLY DISCHARGED VETERAN EXEMPTION

Current through June 17, 2024
011.01 An honorably discharged veteran or a
				veteran with a general discharge under honorable conditions from the U.S. Armed
				Forces, whose disability or blindness is recognized by the Department of
				Veterans Affairs of the United States of America as service-connected is
				eligible to have the property described in REG-40-011.01D exempt from taxation
				if the veteran:
011.01A Has lost the use of,
				or has undergone amputation of, two or more extremities;
011.01B Has undergone amputation of one or
				more extremities and has lost the use of one or more extremities; or
011.01C Has eyesight so defective as to
				seriously limit his or her ability to engage in ordinary vocations and
				activities of life.
011.01D The
				following property is eligible for exemption under REG-40-011.01:
011.01D(1) A mobile home owned and occupied
				by the disabled or blind veteran; and
011.01D(2) One motor vehicle owned and used
				for his or her personal transportation.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 41 - In Lieu of Tax Regulations › Section 350-41-001 - PURPOSE

Current through June 17, 2024
001.01 These regulations govern the in lieu
				of tax payments on real property by certain state agencies, political
				subdivisions and public corporations as authorized by the Constitution and the
				laws of the State of Nebraska.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 41 - In Lieu of Tax Regulations › Section 350-41-002 - DEFINITIONS

Current through June 17, 2024
002.01 In lieu of tax
In lieu of tax shall mean a payment received as substitute
				  for a property tax.
002.02
				Political subdivision shall include villages, cities of all classes, counties,
				school districts, public power districts, any airport authority created by any
				county, city, or village pursuant to law, or any joint airport authority, and
				all other units of local government, including entities created by local public
				agencies pursuant to the Interlocal Cooperation Act. The definition of
				political subdivision is contained in Neb. Rev. Stat. Section
				13-509.
002.03 Housing agency
Housing agency shall mean a body corporate and politic for
				  the purpose of making provisions for the preservation of the public health,
				  safety, morals, and welfare by facilitating sanitary housing
				  conditions.
002.04 Body
				corporate and politic
Body corporate and politic shall mean a public corporation
				  governed by certain laws for the common good.
002.05 Public power district
Public power district shall mean a public corporation
				  organized under or subject to Chapter 70, article 6, and engaged in the
				  generation, transmission, or distribution of electric power and energy and
				  which has the power to issue indebtedness.
002.06 Supportive medical services
Supportive medical services shall mean nursing, surgical,
				  anesthesia, laboratory, diagnostic radiology, pharmacy, dietary, X-ray,
				  rehabilitation and psychiatric services.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 41 - In Lieu of Tax Regulations › Section 350-41-003 - NEBRASKA GAME AND PARKS COMMISSION

Current through June 17, 2024
003.01 The Game and Parks Commission shall
				annually make in lieu of tax payments for land acquired for wildlife management
				purposes. The payments shall be the same as what the real property taxes would
				have been if the land was privately owned. The Commission shall make the
				payments to the county treasurer of the county where the land is located. In
				lieu of tax payments by the Commission shall be exempt from penalty or interest
				for late payments.
003.02 The
				county treasurer shall distribute the in lieu of tax payments to the political
				subdivisions of the tax district in which the land has situs. The distribution
				shall be in the same manner as other real property taxes collected within the
				tax district.
003.03 The land shall
				be valued annually by the assessor based upon the use of the land at the time
				of acquisition by the Game and Parks Commission. Use at the time of acquisition
				shall mean, for example the classification of the land pursuant to the
				Agricultural Land and Horticultural Land Assessment Regulations, Chapter 14,
				such as irrigated land, dryland, grassland and/or wasteland. The assessor shall
				determine the use at the time of acquisition. The assessor shall value the land
				in a manner that equalizes the land with other land under that use as of
				January 1. Such valuation shall apply only to land and shall not apply to any
				improvements.
003.04 On or before
				June 1 and in a manner similar to other notices, the assessor shall send notice
				to the Game and Parks Commission for each parcel of wildlife management land
				which has been assessed at a value different than in the previous
				year.
003.05 The Game and Parks
				Commission may protest the assessed valuation of the land to the county board
				of equalization, in the same manner as other real property is protested
				pursuant to Neb. Rev. Stat. Section
				77-1502.
				The county board shall afford the Commission the same due process as is given
				other property valuation protests.
003.06 The Game and Parks Commission may
				appeal the action of the county board of equalization to the Tax Equalization
				and Review Commission pursuant to Neb. Rev. Stat. Section
				77-5013.
003.07 The valuation attributed to wildlife
				management land shall not be included in the certification of valuation to the
				political subdivisions for levying purposes pursuant to Neb. Rev. Stat. Section
				13-509.
				The assessor shall report all information concerning the in lieu of tax as
				required by the Property Tax Administrator on the Abstract of Assessment and
				the Certificate of Taxes Levied Report.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 41 - In Lieu of Tax Regulations › Section 350-41-004 - POWER DISTRICTS AND CORPORATIONS

Current through June 17, 2024
004.01 Every public power district and
				irrigation district that was organized to provide electricity and paid in lieu
				of tax in 1957 shall continue to pay annually that same amount of property
				taxes assessed against said property in 1957 so long as it owns said
				property.
004.02 The county
				treasurer receiving the 1957 in lieu of tax shall distribute the payment to the
				political subdivisions and the state based upon the 1957
				distribution.
004.03 Any public
				power district or irrigation district that sells electricity at retail within
				an incorporated city or village shall by April 1 of each year, make an in lieu
				of tax payment to the county treasurer of the county in which the city or
				village is located. The in lieu of tax payment shall be five percent (5%) of
				the gross retail sales collected from within the city or village, for the
				previous calendar year less the amount of the 1957 in lieu of tax that was
				allocated to the city or village.
004.04 The county treasurer receiving the
				five (5%) percent gross in lieu of tax shall distribute the payment to the city
				or village from which the retail revenues were collected, the school district
				located in that city or village and to the county. The distribution shall be
				based upon the proportionate share the individual levies in the preceding year
				bore to the total of such levies.
004.05 Public power and irrigation districts
				are subject to the motor vehicle taxes and fees imposed under Neb. Rev. Stat.
				Sections
				60-3,186
				and
				60-3,190.
004.06 Property of public power districts and
				irrigation districts that is leased to a private party for purposes other than
				a public purpose as defined in Regulation Property Owned by the State and
				Governmental Subdivisions, shall be subject to taxation as if the property was
				owned by the lessee. See Property Owned by the State and Governmental
				Subdivisions Regulation, Chapter 15.
004.07 The assessor shall obtain information
				concerning the in lieu of taxes from the county treasurer and report such
				information as required by the Property Tax Administrator on the Certificate of
				Taxes Levied Report.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 41 - In Lieu of Tax Regulations › Section 350-41-005 - CITY OR VILLAGE ELECTRIC DISTRIBUTION SYSTEM

Current through June 17, 2024
005.01 Any city or village that has purchased
				or acquired an electric distribution system prior to June 10, 1947, from a
				public power district or irrigation district for use within the city or village
				may pay an in lieu of tax.
005.02
				Should the city or village desire to pay an in lieu of tax, the payment shall
				equal the sum of the last in lieu of tax paid by the public power district or
				irrigation district from whom the distribution system was purchased.
005.03 The county treasurer to whom an in
				lieu of tax payment is made by a city or village pursuant to this regulation,
				shall distribute said payment to the state, county, city, village or school
				district in the same amounts as were last distributed when the system was owned
				by the public power district or irrigation district.
005.04 The assessor shall obtain information
				concerning the in lieu of taxes from the county treasurer and report such
				information as required by the Property Tax Administrator on the Certificate of
				Taxes Levied Report.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 41 - In Lieu of Tax Regulations › Section 350-41-006 - HOUSING AGENCIES

Current through June 17, 2024
006.01 Housing agencies may pay an in lieu of
				tax to cover the costs of services provided by various political subdivisions.
				The in lieu of tax payment shall never exceed the cost of the services,
				improvements or facilities furnished by the political subdivisions.
006.02 The in lieu of tax payment shall be
				made to the county treasurer of the county where the agency is located. The
				distribution by the county treasurer shall be based upon what each
				subdivision's levy is to the total of all the levies of the subdivisions that
				could have levied against the property.
006.03 The assessor shall obtain information
				concerning in lieu of taxes from the county treasurer and report such
				information as required by the Property Tax Administrator on the Certificate of
				Taxes Levied Report.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 41 - In Lieu of Tax Regulations › Section 350-41-007 - HOSPITALS

Current through June 17, 2024
007.01 Any hospital which provides buildings
				or office space to anyone engaged in private business shall collect from the
				tenant sufficient rent to pay an in lieu of tax. Such hospital shall make the
				in lieu of tax payment to the county treasurer for distribution to the
				political subdivisions.
007.02 The
				county treasurer shall allocate the in lieu of tax payment to each political
				subdivision that could have levied upon the property had it not been exempt
				from property taxes. Each political subdivision shall receive a portion of the
				payment based upon its levy compared to the combined levy of all the
				subdivisions that could have levied against the property.
007.03 Space provided for supportive medical
				services to hospital patients shall be exempt from the in lieu of
				tax.
007.04 The assessor shall
				obtain information concerning the in lieu of taxes from the county treasurer
				and report such information as required by the Property Tax Administrator on
				the Certificate of Taxes Levied Report.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 41 - In Lieu of Tax Regulations › Section 350-41-008 - STATE AND GOVERNMENTAL SUBDIVISIONS

Current through June 17, 2024
008.01 Unleased property of the state and
				governmental subdivisions that is not being used or being developed for a
				public purpose may be subject to an in lieu of tax. See Property Owned by the
				State and Governmental Subdivisions Regulations, Chapter 15.
008.02 The in lieu of tax payment shall be
				paid to state agencies and governmental subdivisions providing public safety,
				rescue and emergency services, and road or street construction or maintenance
				services to the property.
008.02A Any
				property of the state or a governmental subdivision as described in
				REG-41-008.01 will be subject to the in lieu of tax even though all the
				services to the property are provided by the owner.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 41 - In Lieu of Tax Regulations › Section 350-41-009 - COMMUNITY DEVELOPMENT AUTHORITY

Current through June 17, 2024
009.01 Whenever a Community Development
				Authority purchases or acquires real property pursuant to Neb. Rev. Stat.
				Sections
				18-2101
				to
				18-2144,
				it shall annually, so long as it owns such property, pay in lieu of taxes. The
				in lieu of tax shall be equal to the amount of property taxes levied against
				the property for the year prior to the purchase or acquisition of the real
				property by the authority.
009.01A The county
				board of equalization may in any year subsequent to the purchase or acquisition
				of real property by the authority, determine an amount of in lieu of taxes to
				be paid by the Community Development Authority, in place of the amount of
				property taxes levied against the property for the year prior to acquisition by
				the authority.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 42 - Employment and Investment Growth Act Exempt Personal Property Regulations › Section 350-42-002 - DEFINITIONS

Current through June 17, 2024
002.01 Nebraska adjusted basis
Nebraska adjusted basis shall mean the adjusted basis of
				  depreciable tangible personal property as determined under the Internal Revenue
				  Code of 1986, as amended, as the code exists on the assessment date, increased
				  by the total amount allowed under the code for depreciation or amortization or
				  pursuant to an election to expense depreciable property under section 179 of
				  the code, as amended. Generally, this is the original cost of the item of
				  property and includes any cost incurred in purchasing and placing the item in
				  service such as sales or excise taxes, freight charges, and installation and
				  testing charges.
002.01A The Nebraska
				adjusted basis for depreciable tangible personal property leased by the
				taxpayer shall be the lessor's Nebraska adjusted basis in the
				property.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 42 - Employment and Investment Growth Act Exempt Personal Property Regulations › Section 350-42-003 - PROCEDURES

Current through June 17, 2024
003.01 Taxpayer Filing Responsibilities
003.01A Any taxpayer who has signed an
				agreement with the Tax Commissioner under the Nebraska Employment and
				Investment Growth Act, upon qualifying for the exemption from certain personal
				property taxes, shall file a Claim for Nebraska Personal Property Exemption,
				Form 775P, and any applicable schedules with the Tax Commissioner
003.01A(1) The taxpayer shall file the Form
				775P and Nebraska Schedule I in order to receive the exemption from personal
				property tax on turbine powered aircraft. The Form 775P and supporting schedule
				may be filed after the agreement date and before meeting the required levels of
				investment and employment pursuant to the agreement. All depreciable turbine
				powered aircraft used in connection with the project and purchased after the
				application date may be claimed for exemption in the year following the date of
				acquisition.
003.01A(2) The
				taxpayer shall file the Form 775P and the applicable Nebraska Schedules II or
				III in order to receive the exemption from personal property tax on depreciable
				computer systems, certain depreciable peripheral components connected to such
				computer systems and depreciable personal property involved directly with the
				manufacturing or processing of agricultural products. The Form 775P and
				supporting schedules may be filed after approval by the Tax Commissioner and
				meeting the required levels of investment and employment pursuant to the
				agreement. Such depreciable tangible personal property purchased after the
				application date may be claimed for exemption in the year following of the year
				in which the required levels of investment and employment were met.
003.01A(3) The qualified property defined in
				REG-42-002.12 shall be eligible for exemption through the sixteenth December 31
				after the filing of the application.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 43 - Nebraska Advantage Act Exempt Personal Property Regulations › Section 350-43-001 - PURPOSE

Current through June 17, 2024
001.01 These regulations govern personal
				property tax exemptions of certain depreciable tangible personal property as
				authorized by the Constitution and the Nebraska Advantage Act.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 43 - Nebraska Advantage Act Exempt Personal Property Regulations › Section 350-43-002 - DEFINITIONS

Current through June 17, 2024
002.01 Nebraska adjusted basis
Nebraska adjusted basis shall mean the adjusted basis of
				  depreciable tangible personal property as determined under the Internal Revenue
				  Code of 1986, as amended, as the code exists on the assessment date, increased
				  by the total amount allowed under the code for depreciation or amortization or
				  pursuant to an election to expense depreciable property under Section 179 of
				  the Code, as amended. Generally, this is the original cost of the item of
				  property and includes any cost incurred in purchasing and placing the item in
				  service such as sales or excise taxes, freight charges, and installation and
				  testing charges.
002.01A The Nebraska
				adjusted basis for depreciable tangible personal property leased by the
				taxpayer shall be the lessor's Nebraska Adjusted Basis in the
				property.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 43 - Nebraska Advantage Act Exempt Personal Property Regulations › Section 350-43-003 - PROCEDURES

Current through June 17, 2024
003.01 Taxpayer Filing Responsibilities
003.01A Any taxpayer who has signed an
				agreement with the Tax Commissioner under the Nebraska Advantage Act, upon
				qualifying for the exemption from certain personal property taxes, shall file a
				Claim for Nebraska Personal Property Exemption, Form 5725X, and any applicable
				schedules with the Tax Commissioner.
003.01A(1) The taxpayer shall file the Form
				5725X and Nebraska Schedule I in order to receive the exemption from personal
				property tax on turbine powered aircraft. The Form 5725X and supporting
				schedule may be filed after the agreement date and before meeting the required
				levels of investment and employment pursuant to the agreement. All turbine
				powered aircraft used in connection with the project and purchased after the
				application date may be claimed for exemption in the year following the date of
				acquisition.
003.01A(2) The
				taxpayer shall file the Form 5725X and the applicable Nebraska Schedules II,
				III or IV in order to receive the exemption from personal property tax on
				depreciable computer systems, certain depreciable peripheral components
				connected to such computer systems depreciable personal property involved
				directly with the manufacturing or processing of agricultural products and
				depreciable personal property in a distribution facility. The Form 5725X and
				supporting schedules may be filed after meeting the required levels of
				investment and employment pursuant to the agreement. Such depreciable tangible
				personal property purchased after the application date may be claimed for
				exemption in the year following of the year in which the required levels of
				investment and employment were met.
003.01A(2)(a) Depreciable turbine powered
				aircraft shall be eligible for exemption for ten years beginning with the next
				January 1 following the date of acquisition.
003.01A(2)(b) Depreciable computer systems,
				certain depreciable peripheral components connected to such computer systems,
				depreciable personal property involved directly with the manufacturing or
				processing of agricultural products and depreciable personal property used to
				store or move products in a distribution facility shall be eligible for
				exemption for ten years beginning with the next January 1 following the year
				the required levels of investment and employment were met.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 45 - Homestead Exemption Regulations › Section 350-45-001 - PURPOSE OF THE HOMESTEAD EXEMPTION

Current through June 17, 2024
001.01 The homestead exemption provides
				qualified homeowners with a measure of property tax relief. Revenue lost from
				this exemption is reimbursed to local taxing subdivisions by the state with
				funds appropriated by the Legislature from the General Fund.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 45 - Homestead Exemption Regulations › Section 350-45-002 - DEFINITIONS

Current through June 17, 2024
002.01 Average assessed value of
				single-family residential property
Average assessed value of single-family residential property
				  means the average assessed value for all single-family residential properties
				  in the county for the year for which the exemption is
				  requested.
002.02 Change in
				status
Change in status means a change in: the name of the
				  owner-occupant of the homestead; place of residence; marital status; veteran
				  status; rating by the United States Department of Veterans Affairs; disability
				  status; or any other change that would affect the qualification for or type of
				  exemption granted, except the income status determined by the State Tax
				  Commissioner.
002.03 Closely
				related
Closely related means the relationship of a brother, sister,
				  child, or parent to another owner-occupant of a homestead.
002.04 Exempt amount is the amount of the
				property value that may be exempt from the property tax. The exempt amount
				depends upon the basis of the exemption and the county of residence. The exempt
				amount shall be the lesser of the taxable value of the homestead or the
				following amount:
002.04A For a qualified
				claimant, the larger of one hundred percent of the average assessed value of a
				single-family residential property in the claimant's county, or forty thousand
				dollars.
002.04B For a qualified
				disabled claimant, qualified veteran claimant, or qualified veteran's surviving
				spouse claimant, the larger of one hundred twenty percent of the average
				assessed value of a single-family residential property in the claimant's
				county, or fifty thousand dollars.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 45 - Homestead Exemption Regulations › Section 350-45-003 - EXTENT OF HOMESTEAD EXEMPTION

Current through June 17, 2024
003.01 A homestead exemption may be granted
				not to exceed the exempt amount determined for the county, except for those
				homes owned and occupied by a qualified veteran or his or her unremarried
				surviving spouse substantially contributed to by the U.S. Department of
				Veterans Affairs as defined under REG-45-002.17C, as adjusted by the following
				provisions.
003.01A The percentage of the
				exempt amount allowed for a homestead exemption, after any reductions required
				because of the maximum value of the homestead, will be determined based on the
				amount of household income. The Tax Commissioner will publish tables showing
				the percentage of the exempt amount allowed for each level of income. The Tax
				Commissioner will annually adjust the income amounts for inflation according to
				the method described in IRC § 151.
003.01B The exempt amount allowed for a
				homestead exemption will be reduced when the assessed value of the homestead
				exceeds the maximum value. The exempt amount will be reduced by 10% for each
				$2,500 of assessed value of the homestead above the maximum value. Any
				homestead valued $20,000 or more above the maximum value is not eligible for
				any homestead exemption.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 45 - Homestead Exemption Regulations › Section 350-45-005 - PROCESSING OF HOMESTEAD EXEMPTION APPLICATION

Current through June 17, 2024
005.01 The county assessor will examine all
				homestead exemption applications and will determine if all qualifications for
				exemption have been met, except for the income standard. If all qualifications
				for exemption have been met, except the income standard, the county assessor
				will approve, sign the form, and forward the appropriate copy of the Form 458
				with all required attachments to the Tax Commissioner by August 1, except if a
				medical condition impaired the claimant's ability to apply or certify in a
				timely manner, and the application is filed with certification of the medical
				condition affecting the filing from a physician, physician assistant, or
				advanced practice registered nurse pursuant to Neb. Rev. Stat. §
									77-3514.01,
				and as provided in REG-45-004.01.
005.02 If the county assessor finds that any
				application should be denied by reason of its failure to conform to law,
				including the failure to timely file as set out in REG-45-004.01 and
				REG-45-004.04, he or she will mark it denied and state the reasons for denial.
				Denied applications will not be forwarded to the Tax Commissioner. When the
				county assessor denies any exemption, written notice of the action will be
				mailed to the applicant at the address shown on the exemption application or
				certification of status. The notice must be mailed no later than July 31,
				except in cases of a medical condition pursuant to Neb. Rev. Stat. §
									77-3514.01,
				or a change in ownership or occupancy from January 1 through August 15, or
				other cases when the homestead exemption should not be granted, in which case
				the notice must be sent within a reasonable time. The notice will be on forms
				prescribed by the Tax Commissioner. See, Notice of Rejection of Homestead
				Exemption, Form 458R.
005.02A If the date on
				a deed shows a transfer from the claimant to another person prior to August 16,
				the county assessor will deny the application. If the claimant has information
				to show the transfer did not occur on the date shown on the deed, the claimant
				may present the information to the county board upon appeal.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 45 - Homestead Exemption Regulations › Section 350-45-006 - HOMESTEAD EXEMPTION SUMMARY CERTIFICATE

Current through June 17, 2024
006.01 The county assessor must summarize
				taxes as specified in Neb. Rev. Stat. §
									77-3523
				that would have been collected on the exempt portions of the qualifying
				homesteads, sign the certificate, and forward the certificate to the county
				treasurer, who must forward the certificate to the Department on or before
				November 30 of each year. See, Homestead Exemption Summary Certificate, Form
				458S. Until May 30 of the next succeeding year, the county assessor and county
				treasurer may amend the current certificate to show any change in the tax that
				was lost due to allowed homestead exemptions for the preceding year. The county
				treasurer must amend the certificate after May 30 of the next succeeding year
				if the Tax Commissioner has amended the homestead exemption allowed to any
				claimant because of the income or other requirements pursuant to REG-45-005.04A
				and REG-45-005.04B. All corrections decreasing the tax loss must be reported to
				the Tax Commissioner for reconciliation. Corrections increasing the tax loss
				will not be allowed after the May 30 deadline, except for reasons pursuant to
				REG-45-005.04A and REG-45-005.04B; however, reimbursement may be sought from
				the State Claims Board. See, Amended Homestead Exemption Summary Certificate,
				Form 458X.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 45 - Homestead Exemption Regulations › Section 350-45-007 - COUNTY ASSESSOR PROCEDURE

Current through June 17, 2024
007.01 The real property assessment rolls,
				revised and completed by the county assessor by March 19 of each year, except
				beginning January 1, 2014, the date will be March 25 for counties with a
				population of at least 150,000 inhabitants, must reflect the actual value of
				all property in the county without any reduction by reason of any approved
				homestead exemption.
007.02 On or
				before September 1 of each year, after adjustments by the county board of
				equalization, the county assessor must certify to the Department the average
				assessed value of single-family residential property in the county for the
				current year. The determination of the average assessed value will be made from
				all real property records containing dwellings, mobile homes, and duplexes
				which are designed for occupancy as single family residential property, and any
				associated land not to exceed one acre. The county assessor will also report to
				the Department the exempt amounts computed pursuant to Neb. Rev. Stat. §
									77-3501.01
				on forms prescribed by the Tax Commissioner. See, Certificate of Average
				Assessed Value of Single-Family Residential Property, Form 458V. For
				residential or agricultural parcels, this includes the value of the dwelling or
				residence, any building directly associated with or serving the dwelling, and
				the land surrounding the dwelling not to exceed one acre. This typically means
				a house, garage, and land not exceeding one acre.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 45 - Homestead Exemption Regulations › Section 350-45-008 - FORMS PRESCRIBED AND AUTHORIZED

Current through June 17, 2024
008.01 The Tax Commissioner will prescribe
				all forms necessary for the administration of the homestead exemption program.
				These forms will be the only forms used by the county for administering the
				homestead program. No changes or alterations will be made to any form used in
				this program without the express written consent of the Tax
				Commissioner.
008.02 The Tax
				Commissioner will provide each county assessor printed claim forms, Form 458
				and Form 458 Schedule I, and address lists of claimants from the prior
				year.
008.03 The county assessor
				must mail a notice on or before April 1 to claimants who are the owners of a
				homestead which has been granted a homestead exemption in the preceding year
				unless the claimant has already filed the certification or application for the
				current year or the county assessor has reason to believe there has been a
				change of circumstances so that the claimant no longer qualifies. The notice
				will include the claimant's name, the certification or application deadlines
				for the current year, a list of documents that must be filed with the
				certification or application, and the county assessor's office address and
				telephone number.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 50 - Reporting Requirements and Appraisal Process › Section 350-50-002 - THE APPRAISAL PROCESS

Current through June 17, 2024
The appraisal process shall contain, but not be limited to,
				  the following steps:
002.01 Definition
				of the problem
The appraisal process must contain the following steps:
				  definition of the project; preliminary survey and planning; data collection;
				  data analysis; application of the data; and final value
				  estimates.
002.02
				Preliminary Survey and Planning
The county assessor must conduct an annual review of the
				  quality of appraisal within the county through the use of assessment/sales
				  ratios, coefficients of dispersion, price related differentials, confidence
				  intervals, and on-going cost, income, and market analyses.
002.02A After completing the appraisal
				quality review, the county assessor must determine the appraisal needs of the
				county for the following year and inform the county board and the Division by
				developing a Plan of Assessment.
002.02B The county assessor must design,
				document, and initiate a process to systematically inspect and review each
				parcel of real property at least once every six years. Classes and subclasses
				that are not subject to inspection in a given year, must be analyzed and if
				necessary, adjusted based on market analysis and indicators of the level of
				value to arrive at assessments that reflect market value.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 50 - Reporting Requirements and Appraisal Process › Section 350-50-003 - REQUIREMENTS FOR APPRAISAL CONTRACTS

Current through June 17, 2024
003.01 Appraisal contracts entered into
				between counties and appraisal firms must meet certain standards. Those
				standards are set forth in this section.
003.01A Appraisal specifications are required
				prior to undertaking or contracting for an appraisal or appraisal update
				project of all real property, by an entire class or subclass, in any county.
003.01B An appraisal contact must
				be awarded to an appraisal firm that has knowledge and experience in ad valorem
				appraisals.
003.01C All proposals
				by appraisal firms for appraisal contracts must be submitted in writing and
				approved by the county board. Once the county board has approved, the signed
				appraisal contract must be forwarded to the Tax Commissioner for approval. No
				appraisal contract is valid unless approved in writing by the Tax Commissioner.
				A copy of the final appraisal specifications and signed appraisal contract
				shall be on file with the Tax Commissioner.
003.01D The appraisal firm must be an equal
				opportunity employer.
003.01E The
				appraisal firm, or its duly authorized representative, must certify in writing
				to the county board that they have read, understood, and are able and willing
				to comply with all Nebraska regulatory requirements prior to submitting any bid
				proposal to the county board.
003.01F The appraisal firm must include the
				resumes of the employee or employees supervising the project. The proposal must
				show and the resume confirm that:
003.01F(1)
				The full time and exclusive control of the project is under the jurisdiction of
				a supervisor who has no less than five years of practical appraisal experience
				involving extensive appraisals of the types of property to be appraised. The
				supervisor must be a member in good standing of a recognized professional
				appraisal organization which requires educational standards, passage of a
				comprehensive examination, and a demonstration of ability to perform an
				appraisal as qualifications for membership, or, in lieu of these designations,
				comparable education and practical appraisal experience to enable him or her to
				perform at that level of competence.
003.01G The appraisal firm will defend the
				resulting changes that affected values if a protest is filed with the county
				board of equalization or appeals are filed with the Tax Equalization and Review
				Commission.
003.01H The appraisal
				firm will supply as many copies of the appraiser report to the county as agreed
				upon, which, together with all appraisal files, records, maps, or other data
				used in the appraisal becomes and remains the property of the county.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 50 - Reporting Requirements and Appraisal Process › Section 350-50-004 - REQUIREMENTS FOR APPRAISAL CONTRACTS

Current through June 17, 2024
004.01 [Repealed]
004.02 [Repealed]
004.03 [Repealed]
004.04 [Repealed]
004.05 [Repealed]
004.06 [Repealed]
004.07 [Repealed]
004.08 [Repealed]
004.09 [Repealed]
004.10 [Repealed]
004.11 [Repealed]
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 52 - Documentary Stamp Tax Regulations › Section 350-52-001 - NATURE OF THE DOCUMENTARY STAMP TAX

Current through June 17, 2024
001.01 The documentary stamp tax is a tax
				upon the grantor for the privilege of transferring beneficial interest in or
				legal title to real property located in the state of Nebraska based upon the
				value of the real property transferred. The tax is due when a deed is offered
				for recording, unless it is exempt. Payment of this tax or exemption therefrom
				is evidenced by a stamp the register of deeds affixes to each deed prior to
				recording. The stamp shall not be subsequently removed from the deed.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 52 - Documentary Stamp Tax Regulations › Section 350-52-004 - COLLECTION OF TAX

Current through June 17, 2024
004.01 The registers of deeds of the various
				counties of the State of Nebraska shall act as tax collection agents in their
				respective counties for the Tax Commissioner.
004.02 When a deed is presented for
				recording, the register of deeds shall perform the following before recording
				the deed:
004.02A Determine if the deed
				transfers title to the real property located in his or her county;
004.02B Determine the names of the grantor
				and the grantee;
004.02C Determine
				if the Real Estate Transfer Statement, Form 521, is completed and signed by the
				grantee or his or her authorized agent;
004.02D Determine if the deed is subject to
				exemption based on information presented by the taxpayer and these
				regulations;
004.02E Determine the
				full actual consideration and the current market value of the real property
				transferred;
004.02F If subject to
				tax, determine the tax using the full actual consideration or the current
				market value;
004.02G If subject to
				tax, collect the tax and enter the amount of the tax in the fee book;
004.02H Affix the stamp if a completed Real
				Estate Transfer Statement, Form 521 is furnished, and complete the stamp as
				directed in
				Reg-52-007.