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1,940 sections in this chapter.
Neb. Rev. Stat. § 77-2727 Income tax; partnership; subject to act; credit; election to file return at entity level; how treated.
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(1) Except as provided in subsection (6) of this section and subsection (5) of section 77-2775, a partnership as such shall not be subject to the income tax imposed by the Nebraska Revenue Act of 1967. Persons or their authorized representatives carrying on business as partners s…
Neb. Rev. Stat. § 77-2728 Income tax; partnership; income; how determined.
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Each item of partnership income, gain, loss, or deduction shall have the same character for a partner under the provisions of the Nebraska Revenue Act of 1967 as it has for federal income tax purposes. Where an item is not characterized for federal income tax purposes, it shall h…
Neb. Rev. Stat. § 77-2729 Nonresident partner; income; how determined.
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(1) In determining the tax liability of a nonresident partner of any partnership, there shall be included in Nebraska adjusted gross income only that part derived from or connected with sources in this state of the partner's distributive share of items of partnership income, gain…
Neb. Rev. Stat. § 77-2730 Individual; resident estate or trust; income derived from another state; credit.
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(1) A resident individual and a resident estate or trust shall be allowed a credit against the income tax otherwise due for the amount of any income tax imposed on him or her for each taxable year commencing on or after January 1, 1983, by another state of the United States or a …
Neb. Rev. Stat. § 77-2731 Income tax; taxpayer; resident of more than one state; tax; credit.
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If the taxpayer is regarded as a resident both of this state and another jurisdiction for purposes of personal income taxation, the Tax Commissioner shall reduce the tax on that portion of the taxpayer's income which is subjected to tax in both jurisdictions solely by virtue of d…
Neb. Rev. Stat. § 77-2732 Married persons; separate federal returns; joint returns; how treated; revocation of election.
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(1) If the federal tax liability of husband or wife is determined on separate federal returns, their tax liabilities in this state shall be separately determined. (2) Except as provided in subsection (3) of this section, if the federal tax liability of husband and wife is determi…
Neb. Rev. Stat. § 77-2733 Income tax; nonresident; income in Nebraska; method of determination of tax; exception.
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(1) The income of a nonresident individual derived from sources within this state shall be the sum of the following: (a) The net amount of items of income, gain, loss, and deduction entering into his or her federal taxable income which are derived from or connected with sources i…
Neb. Rev. Stat. § 77-2733.01 Partial-year resident; determination of income.
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The income of a partial-year resident individual derived from sources within this state shall be the sum of the following: (1) All of the income, gain, loss, and deduction which is derived from or connected with sources within this state for a nonresident individual under section…
Neb. Rev. Stat. § 77-2734.01 Small business corporation shareholders; limited liability company members; determination of income; credit; Tax Commissioner; powers; return; when required; election to file return at entity level; how treated.
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(1) Residents of Nebraska who are shareholders of a small business corporation having an election in effect under subchapter S of the Internal Revenue Code or who are members of a limited liability company organized pursuant to the Nebraska Uniform Limited Liability Company Act s…
Neb. Rev. Stat. § 77-2734.02 Corporate taxpayer; income tax rate; how determined.
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(1) Except as provided in subsection (2) of this section, a tax is hereby imposed on the taxable income of every corporate taxpayer that is doing business in this state: (a) For taxable years beginning or deemed to begin before January 1, 2013, at a rate equal to one hundred fift…
Neb. Rev. Stat. § 77-2734.03 Income tax; tax credits.
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(1)(a) For taxable years commencing prior to January 1, 1997, any (i) insurer paying a tax on premiums and assessments pursuant to section 77-908 or 81-523, (ii) electric cooperative organized under the Joint Public Power Authority Act, or (iii) credit union shall be credited, in…
Neb. Rev. Stat. § 77-2734.04 Income tax; terms, defined.
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As used in sections 77-2734.01 to 77-2734.15, unless the context otherwise requires: (1) Annual average amortized loan balance means the total of the ending monthly values in the tax year divided by the number of months in the tax year; (2) Application service means computer-base…
Neb. Rev. Stat. § 77-2734.05 Income tax; unitary business; taxable income; how determined.
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(1) Except as provided in subsection (1) of section 77-4105, unitary business having income from business activity that is taxable both within and without this state shall, for taxable years beginning or deemed to begin before January 1, 1988, determine its taxable income by mult…
Neb. Rev. Stat. § 77-2734.06 Income tax; unitary business; apportionment of income.
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(1) The entire federal taxable income of a unitary business operating both within and without this state is presumed to be subject to apportionment. Other than for adjustments required to be made under the Nebraska Revenue Act of 1967, for any income that is claimed to be not sub…
Neb. Rev. Stat. § 77-2734.07 Income tax; adjustments to federal taxable income; rules and regulations.
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(1) There shall be added to federal taxable income the amount of any federal deduction because of a carryforward of a net operating loss or any capital loss. (2) There shall be allowed a deduction for a carryforward of a net operating loss or capital loss that is connected with o…
Neb. Rev. Stat. § 77-2734.08 Income tax; group of corporations as taxpayer; adjustments to income.
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(1) When the corporate taxpayer is a group of corporations that does not file a consolidated federal return, the sum of each corporation's federal taxable income shall be used to determine taxable income. (2) The sum of the federal taxable income of the group of corporations shal…
Neb. Rev. Stat. § 77-2734.09 Income tax; unitary group; use of special apportionment formula; effect.
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Any member of a unitary group that is required or permitted to use an apportionment formula other than one prescribed by section 77-2734.05 shall be included in a return only with other corporations using the same apportionment formula. The income and the factors of such corporat…
Neb. Rev. Stat. § 77-2734.10 Income tax; adjustment of factors.
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The factors computed pursuant to sections 77-2734.05 to 77-2734.15 shall be adjusted in the following situations: (1) The sales factor shall include the income from intangibles such as interest, royalties, or dividends and the net income from gains on the sale of intangibles; (2)…
Neb. Rev. Stat. § 77-2734.11 Income tax; corporate taxpayer; when deemed taxable in another state.
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(1) A corporate taxpayer is taxable in another state if that state has jurisdiction to subject the taxpayer to a net income tax regardless of whether, in fact, the state does or does not do so. (2) The failure to provide upon request of the Tax Commissioner a copy of the return f…
Neb. Rev. Stat. § 77-2734.12 Income tax; property factor; how determined.
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(1) The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the real and tangible per…
Neb. Rev. Stat. § 77-2734.13 Income tax; payroll factor; how determined.
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(1) The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. (2) Compensation is paid in thi…
Neb. Rev. Stat. § 77-2734.14 Income tax; sales factor; how determined.
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(1) The sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this state during the tax period, and the denominator of which is the total sales everywhere during the tax period. (2) Sales of tangible personal property in this state include: (a) …
Neb. Rev. Stat. § 77-2734.15 Income tax; apportionment; petition for special method of apportionment; Tax Commissioner; powers and duties.
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(1) If the apportionment provisions contained in sections 77-2734.01 to 77-2734.14 do not fairly represent the taxable income that is reasonably attributable to the business operations conducted within this state, the taxpayer may petition for or the Tax Commissioner may require,…
Neb. Rev. Stat. § 77-2734.16 Income tax; unitary business; three-factor formula.
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The fraction used in section 77-2734.05 shall be computed in the following manner for taxable years beginning or deemed to begin on or after January 1 of the given year. The average of the property, payroll, and sales factors, which shall be known as the three-factor formula, sha…
Neb. Rev. Stat. § 77-2753 Income tax; withholding from wages and other payments.
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(1)(a) Every employer and payor maintaining an office or transacting business within this state and making payment of any wages or other payments as defined in subsection (6) of this section which are taxable under the Nebraska Revenue Act of 1967 to any individual shall deduct a…
Neb. Rev. Stat. § 77-2754 Income tax; withholdings; written statement required.
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Every employer or payor, making payment of wages or other payments subject to withholding, shall furnish to each employee or payee in respect to the wages or payments paid by such employer or payor to such employee or payee during the calendar year on or before February 15 of the…
Neb. Rev. Stat. § 77-2755 Income tax; withholdings; deemed paid to Tax Commissioner.
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Wages and payments upon which income tax is required to be withheld shall be taxable under the provisions of the Nebraska Revenue Act of 1967 as if no withholding were required, but any amount of income tax actually deducted and withheld under the provisions of such act in any ca…
Neb. Rev. Stat. § 77-2756 Income tax; employer or payor; withholding for tax.
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(1) Except as provided in subsection (2) of this section, every employer or payor required to deduct and withhold income tax under the Nebraska Revenue Act of 1967 shall, for each calendar quarter, on or before the last day of the month following the close of such calendar quarte…
Neb. Rev. Stat. § 77-2757 Income tax; employer or payor required to deduct; trust fund.
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Every employer or payor required to deduct and withhold income tax under the provisions of the Nebraska Revenue Act of 1967 is hereby made liable for such tax. For purposes of assessment and collection, any amount required to be withheld and paid over to the Tax Commissioner, and…
Neb. Rev. Stat. § 77-2758 Income tax; employer or payor; failure to deduct; effect.
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If an employer or payor fails to deduct and withhold income tax as required, and thereafter the tax against which such income tax may be credited is paid, the tax so required to be deducted and withheld shall not be collected from the employer or payor, but the employer or payor …
Neb. Rev. Stat. § 77-2759 Income tax; taxable year.
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(1) For purposes of the income tax imposed by the provisions of the Nebraska Revenue Act of 1967, a taxpayer's taxable year shall be the same as his taxable year for federal income tax purposes. (2) If a taxpayer's taxable year is changed for federal income tax purposes, his taxa…
Neb. Rev. Stat. § 77-2760 Income tax; accounting method.
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(1) For purposes of the income tax imposed by the provisions of the Nebraska Revenue Act of 1967, a taxpayer's method of accounting shall be the same as his method of accounting for federal income tax purposes. (2) If a taxpayer's method of accounting is changed for federal incom…
Neb. Rev. Stat. § 77-2761 Income tax; return; required by whom.
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An income tax return with respect to the income tax imposed by the provisions of the Nebraska Revenue Act of 1967 shall be made by the following: (1) Every resident individual who is required to file a federal income tax return for the taxable year; (2) Every nonresident individu…
Neb. Rev. Stat. § 77-2763 Income tax; taxpayer; deceased; return.
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(1) An income tax return for any deceased individual shall be made and filed by his executor, administrator, or other person charged with the care of his property. A joint or separate final return of a decedent shall be due when it would have been due if the decedent had not died…
Neb. Rev. Stat. § 77-2764 Income tax; fiduciary; notice of qualification.
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Every receiver, trustee in bankruptcy, assignee for benefit of creditors, or other like fiduciary, shall give notice of his qualification as such to the Tax Commissioner, as may be required by regulation.
Neb. Rev. Stat. § 77-2765 Partial-year resident individual; filing requirements.
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If an individual is a partial-year resident individual, the Tax Commissioner may by rule and regulation require him or her to file one return as a partial-year resident individual or to file one return for the portion of the year during which he or she is a resident and one for t…
Neb. Rev. Stat. § 77-2767 Income tax; two returns required; when; total taxes due.
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Where two returns are required to be filed as provided in section 77-2765: (1) Personal exemptions and deductions shall be prorated between the two returns, under regulations prescribed by the Tax Commissioner, to reflect the proportions of the taxable year during which the indiv…
Neb. Rev. Stat. § 77-2768 Income tax; return; filing; when.
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The income tax return required by the provisions of the Nebraska Revenue Act of 1967 shall be filed on or before the dates prescribed by the laws of the United States for filing federal income tax returns. A person required to make and file an income tax return shall, without ass…
Neb. Rev. Stat. § 77-2769 Income tax; estimated tax; payment; date.
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(1) Every resident and nonresident individual, corporation, and other entity taxed as a corporation under the Internal Revenue Code shall pay the estimated tax for the taxable year, in such form as the Tax Commissioner may prescribe, except that (a) no payment of estimated tax is…
Neb. Rev. Stat. § 77-2769.01 Income tax; corporation; overpayment of estimated tax; adjustment; procedure.
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(1) A corporation may, after the close of the taxable year and on or before the fifteenth day of the third month thereafter and before the day on which it files a return for such taxable year, file an application for an adjustment of an overpayment by it of estimated income tax f…
Neb. Rev. Stat. § 77-2770 Income tax; filing or payment; extension of time; bond; when.
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(1)(a) The Tax Commissioner may grant a reasonable extension of time for filing any return, statement, or other document, or for payment of income tax or estimated tax or any installment thereof, on such terms and conditions as he or she may require. Except in the case of a taxpa…
Neb. Rev. Stat. § 77-2770.01 Income tax; return; extension; provisions effective after January 1, 1969.
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The provisions of sections 77-2768 and 77-2770 shall become operative for all taxable years commencing on and after January 1, 1969.
Neb. Rev. Stat. § 77-2771 Income tax; return, declaration, statement, signature; effect.
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(1) Any return, declaration, statement or other document required to be made pursuant to the income tax provisions of the Nebraska Revenue Act of 1967 shall be signed in accordance with regulations or instructions prescribed by the Tax Commissioner. The fact that an individual's …
Neb. Rev. Stat. § 77-2772 Income tax; Tax Commissioner; records, form of returns.
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The Tax Commissioner may prescribe regulations as to the keeping of records, the content and form of returns and statements, and the filing of copies of federal income returns, or portions thereof as filed with the Internal Revenue Service, and determinations, except that such re…
Neb. Rev. Stat. § 77-2773 Income tax; partnership; taxable year; return.
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Every partnership having part of its income derived from Nebraska sources, determined in accordance with the applicable rules of section 77-2733 as in the case of a nonresident individual, shall make a return for the taxable year setting forth such pertinent information as the Ta…
Neb. Rev. Stat. § 77-2774 Income tax; Tax Commissioner; rules and regulations.
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The Tax Commissioner may prescribe regulations and instructions requiring returns of information to be made and filed not inconsistent with the information returns required by the laws of the United States.
Neb. Rev. Stat. § 77-2775 Federal income tax return; modified or amended; change in tax liability owed to this state; taxpayer; duties; partnership; election; effect.
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(1) If the amount of a taxpayer's federal adjusted gross income, taxable income, or tax liability reported on his or her federal income tax return for any taxable year is changed or corrected by the Internal Revenue Service or other competent authority or as the result of a reneg…
Neb. Rev. Stat. § 77-2776 Income tax; Tax Commissioner; return; examination; failure to file; notice; deficiency; notice.
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(1) As soon as practical after an income tax return is filed, the Tax Commissioner shall examine it to determine the correct amount of tax. If the Tax Commissioner finds that the amount of tax shown on the return is less than the correct amount, he or she shall notify the taxpaye…
Neb. Rev. Stat. § 77-2777 Income tax; deficiency; notice.
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Sixty days after the date on which it was mailed, or one hundred fifty days if the taxpayer is outside the United States, a notice of proposed assessment of a deficiency shall constitute a final assessment of the amount of tax specified together with interest, additions to tax, a…
Neb. Rev. Stat. § 77-2778 Income tax; deficiency; written protest; time.
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Within sixty days after the mailing of a deficiency notice, or one hundred fifty days if the taxpayer is outside the United States, the taxpayer or any person directly interested may file with the Tax Commissioner a written protest against the proposed assessment in which he or s…