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1,940 sections in this chapter.
Neb. Rev. Stat. § 77-4105 Incentives; income tax, personal property tax, sales and use tax; credits.
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(1) A taxpayer who has signed an agreement under section 77-4104 may elect to determine taxable income for purposes of the Nebraska income tax using the sales factor only. The election may be made for the year during which the application was filed and for each year thereafter th…
Neb. Rev. Stat. § 77-4106 Credits; use; refund claims; procedures; interest; appointment of purchasing agent.
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(1)(a) The credits prescribed in section 77-4105 shall be established by filing the forms required by the Tax Commissioner with the income tax return for the year. The credits may be used after any other nonrefundable credits to reduce the taxpayer's income tax liability imposed …
Neb. Rev. Stat. § 77-4107 Recapture or disallowance of incentives.
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(1) If the taxpayer fails either to meet the required levels of employment or investment for the applicable project by the end of the sixth year after the end of the year the application was submitted for such project or to utilize such project in a qualified business at employme…
Neb. Rev. Stat. § 77-4108 Incentives; transfer; when; effect.
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(1) The incentives allowed under the Employment and Investment Growth Act shall not be transferable except in the following situations: (a) Any credit allowable to a partnership, a limited liability company, a subchapter S corporation, or an estate or trust may be distributed to …
Neb. Rev. Stat. § 77-4108.01 Refund claims; interest not allowable.
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For all refund claims filed on or after October 1, 1998, interest shall not be allowable on any refunds paid because of benefits earned under the Employment and Investment Growth Act.
Neb. Rev. Stat. § 77-4109 Application; valid; when; limitation on new applications.
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(1) Any complete application filed on or after the date of passage of Laws 1987, LB 775, shall be considered a valid application on the date submitted for the purposes of the Employment and Investment Growth Act. (2) No new applications shall be filed under the act on or after Ja…
Neb. Rev. Stat. § 77-4110 Annual report; contents; joint hearing.
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(1) The Tax Commissioner shall submit electronically an annual report to the Legislature no later than October 31 of each year. The report shall be on a fiscal year, accrual basis that satisfies the requirements set by the Governmental Accounting Standards Board. The Department o…
Neb. Rev. Stat. § 77-4111 Tax Commissioner; rules and regulations.
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The Tax Commissioner may adopt and promulgate all rules and regulations necessary to carry out the purposes of the Employment and Investment Growth Act.
Neb. Rev. Stat. § 77-4112 Change in law; effect; operative date.
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(1) The changes made in sections 77-4103 to 77-4105 and 77-4107 by Laws 1988, LB 1234, shall become operative for all applications filed on and after January 1, 1988. For all applications filed prior to January 1, 1988, the provisions of the Employment and Investment Growth Act a…
Neb. Rev. Stat. § 77-4113 Department of Revenue; estimate of sales tax refunds under Employment and Investment Growth Act; duties.
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The Department of Revenue shall, on or before the fifteenth day of October and February of every year and the fifteenth day of April in odd-numbered years, make an estimate of the amount of sales tax refunds to be paid under the Employment and Investment Growth Act during the fis…
Neb. Rev. Stat. § 77-414 Educational courses and standards; Tax Commissioner; duties.
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The Property Tax Administrator shall: (1) Establish, implement, and maintain a required system of educational courses for the certification and recertification of all holders of county assessor certificates; and (2) Establish the required educational standards and criteria for ce…
Neb. Rev. Stat. § 77-420 Supplementary seminars; purpose.
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In cooperation with the county assessors association, the Property Tax Administrator may arrange and conduct seminars in assessment methods, which seminars shall be supplementary to any educational course required under section 77-414.
Neb. Rev. Stat. § 77-4209 Act, how cited.
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Sections 77-4209 to 77-4212 shall be known and may be cited as the Property Tax Credit Act.
Neb. Rev. Stat. § 77-421 Certification as county assessor; applicants; forms; examination; fee.
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(1) The Property Tax Administrator shall, in February, May, August, and November of each year, hold an examination of applicants for certification as county assessor. An applicant for the examination shall, not less than ten days before an examination, present to the Property Tax…
Neb. Rev. Stat. § 77-4210 Purpose of act.
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The purpose of the Property Tax Credit Act is to provide property tax relief for property taxes levied against real property. The property tax relief will be made to owners of real property in the form of a property tax credit.
Neb. Rev. Stat. § 77-4211 Property Tax Credit Cash Fund; created; use; investment.
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The Property Tax Credit Cash Fund is created. The fund shall only be used pursuant to the Property Tax Credit Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska Stat…
Neb. Rev. Stat. § 77-4212 Property tax credit; minimum amount; county treasurer; duties; disbursement to counties; Property Tax Administrator; State Treasurer; duties.
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(1) For tax year 2007, the amount of relief granted under the Property Tax Credit Act shall be one hundred five million dollars. For tax year 2008, the amount of relief granted under the act shall be one hundred fifteen million dollars. It is the intent of the Legislature to fund…
Neb. Rev. Stat. § 77-422 Certification as county assessor; examination; successful completion; certificate; disciplinary actions; appeal; invalidated certificate; effect.
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(1) Upon the successful completion of the examination by the applicant, a county assessor certificate shall be issued to him or her. (2) The Tax Commissioner shall establish a system for revocation or suspension of a certificate, including a certificate issued by the Property Tax…
Neb. Rev. Stat. § 77-4301 Terms, defined.
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For purposes of sections 77-4301 to 77-4316: (1) Controlled substance shall mean any drug or substance, including an imitation controlled substance, that is held, possessed, transported, transferred, sold, or offered to be sold in violation of Nebraska law. Controlled substance s…
Neb. Rev. Stat. § 77-4302 Possession by dealer; payment of tax required.
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No dealer may possess marijuana or controlled substances upon which a tax is imposed by section 77-4303 unless the tax has been paid on the marijuana or controlled substance as evidenced by an official stamp, label, or other indicium.
Neb. Rev. Stat. § 77-4303 Imposition of tax; rates.
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(1) A tax is hereby imposed on marijuana and controlled substances at the following rates: (a) On each ounce of marijuana or each portion of an ounce, one hundred dollars; (b) On each gram or portion of a gram of a controlled substance that is customarily sold by weight or volume…
Neb. Rev. Stat. § 77-4304 Stamps, labels, or other indicia; purchase; Tax Commissioner; duties.
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(1) Subject to the rules and regulations of the Tax Commissioner, official stamps, labels, or other indicia to be affixed to all marijuana and controlled substances shall be purchased from the Department of Revenue. The purchaser shall pay one hundred percent of face value for ea…
Neb. Rev. Stat. § 77-4305 Tax; due and payable; when.
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The tax imposed upon marijuana and controlled substances by section 77-4303 shall be due and payable immediately upon acquisition or possession of marijuana and controlled substances in this state by a dealer.
Neb. Rev. Stat. § 77-4306 Stamps, labels, or other indicia; affixed; when.
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If a dealer acquires or ships, transports, or imports into this state marijuana or a controlled substance and if the official stamp, label, or indicium evidencing the payment of the tax has not already been affixed, the dealer shall have it permanently affixed on the marijuana or…
Neb. Rev. Stat. § 77-4307 Tax Commissioner; rules and regulations.
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The Tax Commissioner shall adopt and promulgate rules and regulations necessary to carry out sections 77-4301 to 77-4316.
Neb. Rev. Stat. § 77-4308 Sections, how construed.
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Nothing in sections 77-4301 to 77-4316 shall in any manner provide immunity for a dealer from criminal prosecution pursuant to Nebraska law.
Neb. Rev. Stat. § 77-4309 Dealer; violations; penalties; statute of limitations.
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Any dealer violating sections 77-4301 to 77-4316 shall be subject to a penalty of one hundred percent of the tax in addition to the tax imposed by section 77-4303. The penalty shall be collected as part of the tax. A dealer distributing or possessing marijuana or a controlled sub…
Neb. Rev. Stat. § 77-4310 Tax Commissioner; assessment and collection of tax and penalties; duties.
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The Tax Commissioner shall (1) based on personal knowledge or information available to the commissioner, assess the tax and applicable penalties upon any dealer subject to tax under section 77-4302 who has not paid the tax when due, (2) mail to the dealer at the dealer's last-kno…
Neb. Rev. Stat. § 77-4310.01 Tax proceeds; distribution.
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Proceeds of the tax imposed by section 77-4303 shall be remitted to the State Treasurer for credit as follows: (1) Five percent of such proceeds shall be credited to the Marijuana and Controlled Substances Tax Administration Cash Fund; and (2) Of the remaining proceeds: (a) Fifty…
Neb. Rev. Stat. § 77-4310.02 Overpayment of tax; Tax Commissioner; powers and duties; stamps, nonreturnable.
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(1) If the Tax Commissioner determines that any tax imposed by sections 77-4301 to 77-4316 has been paid more than once or has been erroneously or illegally collected or computed, the Tax Commissioner shall set forth that fact in his or her records and the amount collected may be…
Neb. Rev. Stat. § 77-4310.03 Marijuana and Controlled Substances Tax Administration Cash Fund; created; use; investment.
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There is hereby created the Marijuana and Controlled Substances Tax Administration Cash Fund. Money in the fund shall be used by the Tax Commissioner for the purposes of administering, collecting, and enforcing the tax imposed by section 77-4303, except that transfers may be made…
Neb. Rev. Stat. § 77-4311 Tax determination; notice; requirements; jeopardy determination; effect.
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Notice of a determination that the tax imposed by section 77-4303 is due and owing shall be personally served or mailed to the dealer within six years after the Tax Commissioner knows or has information available to make such determination. A determination that a dealer does not …
Neb. Rev. Stat. § 77-4312 Jeopardy determination; petition for redetermination; procedure; deficiency; interest; seized property; sale; when; procedure; return of property; conditions; injunction; Tax Commissioner; powers.
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(1) Any person who receives a notice of jeopardy determination of the tax imposed by section 77-4303 may petition the Tax Commissioner for a redetermination of the amount of the assessed deficiency. (2) The petition for redetermination shall be filed within ten days of the receip…
Neb. Rev. Stat. § 77-4313 Injunction; suit prohibited.
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No person may bring suit to enjoin the assessment or collection of any taxes, interest, or penalties imposed by sections 77-4301 to 77-4316.
Neb. Rev. Stat. § 77-4314 Tax and penalties; presumption; admissibility of evidence.
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The tax and penalties assessed by the Tax Commissioner shall be presumed to be valid and correctly determined and assessed. The burden shall be upon the taxpayer to show their incorrectness or invalidity. Any statement or any other certificate by the Tax Commissioner of the amoun…
Neb. Rev. Stat. § 77-4315 Report; confidential; information; inadmissible; when.
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Neither the Tax Commissioner nor a public employee may reveal facts contained in a report required by sections 77-4301 to 77-4316. Information contained in any report required by the Tax Commissioner shall not be used against the dealer in any criminal proceeding, unless independ…
Neb. Rev. Stat. § 77-4316 Tax Commissioner; powers; subpoena; enforcement.
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For purposes of determining the correctness of any report, determining the amount of tax that should have been paid, determining whether or not the dealer should have made a report or paid taxes, or collecting any taxes under sections 77-4301 to 77-4316, the Tax Commissioner may …
Neb. Rev. Stat. § 77-4401 Good Life Transformational Projects Act, how cited.
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Sections 77-4401 to 77-4407 shall be known and may be cited as the Good Life Transformational Projects Act.
Neb. Rev. Stat. § 77-4402 Purpose of act; legislative findings.
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(1) The purpose of the Good Life Transformational Projects Act is to promote and develop the general and economic welfare of this state and its communities by providing support for unique Nebraska projects that will attract new industries and employment opportunities and further …
Neb. Rev. Stat. § 77-4403 Terms, defined.
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For purposes of the Good Life Transformational Projects Act: (1) Additional good life district retailer means a for-profit, as described in subdivision (8)(c) of this section, retailer that opens a new location in a good life district, has retail space at the time the good life d…
Neb. Rev. Stat. § 77-4404 Good life district; application; contents; confidential; limitations.
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(1) Until December 31, 2024, any person may apply to the department to create a good life district. All applications shall be in writing and shall contain: (a) A description of the proposed project to be undertaken within the good life district, including a description of any exi…
Neb. Rev. Stat. § 77-4404.01 Sharing of information; authorized; rules and regulations.
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(1) The Department of Economic Development and the Department of Revenue may share information, including information of a confidential nature, as needed to properly administer the Good Life Transformational Projects Act. (2) The Department of Economic Development may adopt and p…
Neb. Rev. Stat. § 77-4405 Good life district; project; approval; eligibility; reports required; reduced sales tax rate; sales tax refund; offset; boundary adjustments; procedure; development and design standards; project areas; established; procedure.
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(1) If the department finds that creation of the good life district would not exceed the limits prescribed in subsection (4) of section 77-4404 and the project described in the application meets the eligibility requirements of this section, the application shall be approved. (2) …
Neb. Rev. Stat. § 77-4406 Good life district; terminate; conditions.
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(1) The department shall terminate a good life district established pursuant to section 77-4405 if: (a) Commitments for ten percent of the investment threshold required under subdivision (2)(a) of section 77-4405 have not been made within three years after establishment of such d…
Neb. Rev. Stat. § 77-4407 Act; not construed to limit authority of political subdivision.
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No provision in the Good Life Transformational Projects Act shall be construed to limit the existing statutory authority of any political subdivision.
Neb. Rev. Stat. § 77-4408 Good Life District Economic Development Act, how cited.
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Sections 77-4408 to 77-4431 shall be known and may be cited as the Good Life District Economic Development Act.
Neb. Rev. Stat. § 77-4409 Legislative findings.
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The Legislature finds that: (1) There is a high degree of competition among states and municipalities in our nation in their efforts to provide incentives for businesses to expand or to locate in their respective jurisdictions; and (2) Municipalities in Nebraska are unable to eff…
Neb. Rev. Stat. § 77-4410 Terms, defined.
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For purposes of the Good Life District Economic Development Act, unless the context otherwise requires: (1) Allocated sales taxes means state sales taxes on or after October 1, 2025, that are allocated by the Tax Commissioner to the city in which all or a portion of the good life…
Neb. Rev. Stat. § 77-4411 Good life district economic development program; election required; procedure.
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(1) The authority of a city to establish a good life district economic development program and to appropriate local sources of revenue to such program is subject to approval by a vote of a majority of the registered voters of the city voting upon the question. (2) The question ma…
Neb. Rev. Stat. § 77-4412 Good life district economic development program; establishment; ordinance; contents; contracts and agreements; authorized; project areas; provisions applicable; eminent domain.
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(1) Upon approval by the voters, the governing body of the city may establish a good life district economic development program for any area within the city which is included in a good life district established pursuant to the Good Life Transformational Projects Act, and the city…