Chapter 77 — REVENUE AND TAXATION
2,526 sections in this chapter.
Neb. Rev. Stat. § 77-2712.02 Legislative findings.
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(1) The Legislature finds that a simplified sales and use tax system will reduce and over time eliminate the burden and cost for all sellers to collect this state's sales and use tax. The Legislature further finds that this state should participate in a multistate agreement to si…
Neb. Rev. Stat. § 77-2712.03 Streamlined sales and use tax agreement; ratified; governing board; members.
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(1) The streamlined sales and use tax agreement, as adopted by the streamlined sales tax implementing states on November 12, 2002, including amendments through December 31, 2024, is hereby ratified by the Legislature. The Governor shall enter into the agreement with one or more s…
Neb. Rev. Stat. § 77-2712.04 Streamlined sales and use tax agreement; relationship to state law.
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No provision of the streamlined sales and use tax agreement in whole or in part invalidates or amends any provision of the law of Nebraska. Adoption and ratification of the agreement by Nebraska does not amend or modify any law of Nebraska. Any provision of the agreement that is …
Neb. Rev. Stat. § 77-2712.05 Streamlined sales and use tax agreement; requirements.
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By agreeing to the terms of the streamlined sales and use tax agreement, this state agrees to abide by the following requirements: (1) Uniform state rate. The state shall comply with restrictions to achieve over time more uniform state rates through the following: (a) Limiting th…
Neb. Rev. Stat. § 77-2712.06 Agreement; effect.
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The agreement is an accord among individual cooperating sovereigns in furtherance of their governmental functions. The agreement provides a mechanism among the member states to establish and maintain a cooperative, simplified system for the application and administration of sales…
Neb. Rev. Stat. § 77-2712.07 Rights under the agreement.
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(1) The agreement binds and inures only to the benefit of Nebraska and the other member states. No person, other than a member state, is an intended beneficiary of the agreement. Any benefit to a person is established by the laws of Nebraska and the other member states and not by…
Repealed. Laws 2003, LB 282, § 87.
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[Repealed or reserved.]
Neb. Rev. Stat. § 77-2713 Sales and use tax; failure to collect; false return; violations; penalty; statute of limitations.
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(1) Any person required under the provisions of sections 77-2701.04 to 77-2713 to collect, account for, or pay over any tax imposed by the Nebraska Revenue Act of 1967 who willfully fails to collect or truthfully account for or pay over such tax and any person who willfully attem…
Neb. Rev. Stat. § 77-2714 Terms; references; incorporation of federal law.
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Any term used in sections 77-2714 to 77-27,123 shall have the same meaning as when used in a comparable context in the laws of the United States relating to federal income taxes, unless a different meaning is clearly required. Any reference to the laws of the United States shall …
Neb. Rev. Stat. § 77-2714.01 Terms, defined.
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As used in sections 77-2714 to 77-27,123, unless the context otherwise requires: (1) Nebraska adjusted gross income shall mean (a) for resident individuals, their federal adjusted gross income as modified in section 77-2716 and (b) for nonresident individuals and partial-year res…
Neb. Rev. Stat. § 77-2715 Income tax; rate; credits; refund.
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(1) A tax is hereby imposed for each taxable year on the entire income of every resident individual and on the income of every nonresident individual and partial-year resident individual which is derived from sources within this state, except that any individual who has additions…
Neb. Rev. Stat. § 77-2715.01 Income and sales tax; Legislature; set rates; limitations; primary rate; Tax Rate Review Committee; members; meetings; report.
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(1)(a) Commencing in 1987 the Legislature shall set the rates for the income tax imposed by section 77-2715 and the rate of the sales tax imposed by subsection (1) of section 77-2703. For taxable years beginning or deemed to begin before January 1, 2013, the rate of the income ta…
Neb. Rev. Stat. § 77-2715.02 Rate schedules; established; other taxes; tax rate.
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(1) The following rate schedules are hereby established for the Nebraska individual income tax and shall be in the following form: (a) For taxable years beginning or deemed to begin before January 1, 2007, income amounts for columns A and E shall be: (i) $0, $2,400, $17,500, and …
Neb. Rev. Stat. § 77-2715.03 Individual income tax brackets and rates; Tax Commissioner; duties; tax tables; other taxes; tax rate.
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(1) For taxable years beginning or deemed to begin on or after January 1, 2013, and before January 1, 2014, the following brackets and rates are hereby established for the Nebraska individual income tax: Individual Income Tax Brackets and Rates Bracket Single Married, Head of Mar…
Repealed. Laws 1986, LB 739, § 2.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 739, § 2.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 737, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 77-2715.07 Income tax credits.
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(1) There shall be allowed to qualified resident individuals as a nonrefundable credit against the income tax imposed by the Nebraska Revenue Act of 1967: (a) A credit equal to the federal credit allowed under section 22 of the Internal Revenue Code; and (b) A credit for taxes pa…
Neb. Rev. Stat. § 77-2715.08 Capital gains; terms, defined.
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For purposes of this section and section 77-2715.09, unless the context otherwise requires: (1) Capital stock means common or preferred stock, either voting or nonvoting. Capital stock does not include stock rights, stock warrants, stock options, or debt securities; (2)(a) Corpor…
Neb. Rev. Stat. § 77-2715.09 Capital stock; sale or exchange; extraordinary dividend and capital gains treatment.
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(1) Every resident individual may elect under this section to subtract from federal adjusted gross income, or for trusts qualifying under subdivision (2)(c) of this section from taxable income, the extraordinary dividends paid on and the capital gain from the sale or exchange of …
Neb. Rev. Stat. § 77-2716 Income tax; adjustments.
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(1) The following adjustments to federal adjusted gross income or, for corporations and fiduciaries, federal taxable income shall be made for interest or dividends received: (a)(i) There shall be subtracted interest or dividends received by the owner of obligations of the United …
Neb. Rev. Stat. § 77-2716.01 Personal exemptions; standard deduction; computation.
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(1)(a) Through tax year 2017, every individual shall be allowed to subtract from his or her income tax liability an amount for personal exemptions. The amount allowed to be subtracted shall be the credit amount for the year as provided in this subdivision multiplied by the number…
Repealed. Laws 2000, LB 886, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 77-2716.03 Income tax; disallowance of itemized deductions; calculation.
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(1) Any taxpayer whose federal adjusted gross income is larger than the threshold amount determined under section 68 of the Internal Revenue Code of 1986, as amended, for the disallowance of itemized deductions shall calculate the amount of the excess. (2) A taxpayer's tax liabil…
Neb. Rev. Stat. § 77-2717 Income tax; estates; trusts; rate; fiduciary return; contents; filing; state income tax; contents; credits.
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(1)(a)(i) For taxable years beginning or deemed to begin before January 1, 2014, the tax imposed on all resident estates and trusts shall be a percentage of the federal taxable income of such estates and trusts as modified in section 77-2716, plus a percentage of the federal alte…
Repealed. Laws 1987, LB 773, § 30.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 773, § 30.
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[Repealed or reserved.]
Repealed. Laws 1984, LB 962, § 39.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 773, § 30.
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[Repealed or reserved.]
Repealed. Laws 1984, LB 962, § 39.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 773, § 30.
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[Repealed or reserved.]
Neb. Rev. Stat. § 77-2724 Nonresident estates or trusts; income; how determined.
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(1) For purposes of taxation of nonresident estates or trusts: (a) Items of income, gain, loss, and deduction shall mean those items entering into the definition of federal distributable income; (b) Items of income, gain, loss, and deduction entering into the definition of federa…
Neb. Rev. Stat. § 77-2725 Nonresident estate or trust; share of income; how determined.
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(1) The share of a nonresident estate or trust of items of income, gain, loss, and deduction entering into the definition of distributable net income and the share for purposes of section 77-2733 of a nonresident beneficiary of any estate or trust in estate or trust income, gain,…
Repealed. Laws 1984, LB 962, § 39.
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[Repealed or reserved.]
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…
Repealed. Laws 1996, LB 898, § 8.
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[Repealed or reserved.]
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…
Repealed. Laws 1984, LB 1124, § 22.
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[Repealed or reserved.]
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…