Chapter 77 — REVENUE AND TAXATION
2,526 sections in this chapter.
Repealed. Laws 1985, LB 268, § 31.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 268, § 31.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 268, § 31.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 268, § 31.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 268, § 31.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 268, § 31.
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[Repealed or reserved.]
Neb. Rev. Stat. § 77-6501 Key Employer and Jobs Retention Act, how cited.
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Sections 77-6501 to 77-6523 shall be known and may be cited as the Key Employer and Jobs Retention Act.
Neb. Rev. Stat. § 77-6502 Purpose of act.
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The purpose of the Key Employer and Jobs Retention Act is to provide incentives to encourage key employers to remain in the state and retain well-paid employees in the state when there is a change in ownership and control of the key employer and the new owners are considering mov…
Neb. Rev. Stat. § 77-6503 Definitions, where found.
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For purposes of the Key Employer and Jobs Retention Act, the definitions found in sections 77-6504 to 77-6515 shall be used.
Neb. Rev. Stat. § 77-6504 Additional definitions.
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Any term defined in the Nebraska Revenue Act of 1967 or in the ImagiNE Nebraska Act has the same meaning in the Key Employer and Jobs Retention Act unless the context or the express language of the Key Employer and Jobs Retention Act requires a different meaning.
Neb. Rev. Stat. § 77-6505 Base year, defined.
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Base year means the year immediately preceding the year during which the change in ownership and control occurred.
Neb. Rev. Stat. § 77-6506 Base-year employees, defined.
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Base-year employees means the number of equivalent employees employed by the taxpayer during the base year in Nebraska who (1) are paid wages at a rate equal to at least one hundred percent of the Nebraska statewide average hourly wage for the year of application and (2) receive …
Neb. Rev. Stat. § 77-6507 Change in ownership and control, defined.
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Change in ownership and control has the same meaning as described in 34 C.F.R. 600.31, which shall mean the regulation as amended on November 1, 2019, and which took effect on July 1, 2020.
Neb. Rev. Stat. § 77-6508 Equivalent employees, defined.
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Equivalent employees means the number of employees computed by dividing the total hours paid in a year by the product of forty times the number of weeks in a year. A salaried employee who receives a predetermined amount of compensation each pay period on a weekly or less frequent…
Neb. Rev. Stat. § 77-6509 Key employer, defined.
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Key employer means a taxpayer that: (1) Employs at least one thousand equivalent employees in Nebraska during the base year; (2) Offers all full-time employees, as defined and described in section 4980H of the Internal Revenue Code of 1986, as amended, the opportunity to enroll i…
Repealed. Laws 1985, LB 268, § 31.
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[Repealed or reserved.]
Neb. Rev. Stat. § 77-6510 Nebraska statewide average hourly wage for any year, defined.
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Nebraska statewide average hourly wage for any year means the most recent statewide average hourly wage paid by all employers in all counties in Nebraska as calculated by the Office of Labor Market Information of the Department of Labor using annual data from the Quarterly Census…
Neb. Rev. Stat. § 77-6511 Performance period, defined.
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Performance period means the year of application plus the next nine years.
Neb. Rev. Stat. § 77-6512 Qualified business, defined.
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Qualified business means any business if the majority of the business activities conducted throughout Nebraska by such business meet the requirements for a qualified location as defined in subsection (1) or (2) of section 77-6818. For purposes of this section, the majority of bus…
Neb. Rev. Stat. § 77-6513 Taxpayer, defined.
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Taxpayer means any person subject to sales and use taxes under the Nebraska Revenue Act of 1967 and subject to withholding under section 77-2753 and any entity that is or would otherwise be a member of the same unitary group, if incorporated, that is subject to such sales and use…
Neb. Rev. Stat. § 77-6514 Wage retention credit, defined.
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Wage retention credit means the credit described in the Key Employer and Jobs Retention Act.
Neb. Rev. Stat. § 77-6515 Year, defined.
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Year means calendar year.
Neb. Rev. Stat. § 77-6516 Wage retention credit; amount; use.
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(1) If a key employer has entered into an agreement with the state pursuant to section 77-6517, the key employer shall during each year of the performance period receive the wage retention credit approved by the director in the manner provided in the Key Employer and Jobs Retenti…
Neb. Rev. Stat. § 77-6517 Wage retention credit; application; fee; confidentiality; approval of application; conditions; notice; agreement.
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(1) In order for the key employer to be eligible for the wage retention credit, the key employer shall file an application for an agreement with the director. (2) The application shall: (a) State the exact name of the taxpayer and any related companies; (b) Include a description,…
Neb. Rev. Stat. § 77-6518 Wage retention credit; recapture or disallowance; interest; penalties.
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(1) If the taxpayer fails to retain the required level of employment through the entire performance period, all or a portion of the wage retention credits shall be recaptured directly by the state from the taxpayer or shall be disallowed. In no event shall any wage retention cred…
Neb. Rev. Stat. § 77-6519 Wage retention credit; transferable; when; effect.
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(1) The wage retention credits allowed under the Key Employer and Jobs Retention 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, a cooperative, including a cooper…
Repealed. Laws 1985, LB 268, § 31.
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[Repealed or reserved.]
Neb. Rev. Stat. § 77-6520 Rules and regulations.
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The Department of Economic Development and the Department of Revenue, in consultation with the Governor, may adopt and promulgate rules and regulations necessary or appropriate to carry out the purposes of the Key Employer and Jobs Retention Act.
Neb. Rev. Stat. § 77-6521 Reports; joint hearing.
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(1) The Department of Economic Development and the Department of Revenue shall jointly 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 G…
Neb. Rev. Stat. § 77-6522 Application; valid; when; director; Tax Commissioner; powers and duties.
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(1) Any complete application shall be considered a valid application on the date submitted for the purposes of the Key Employer and Jobs Retention Act. (2) The director shall be allowed access, by the Tax Commissioner, to information associated with the Nebraska Advantage Act, th…
Neb. Rev. Stat. § 77-6523 Applications; deadline.
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There shall be no new applications under the Key Employer and Jobs Retention Act filed after May 31, 2021, without further authorization of the Legislature. All applications and all agreements pending, approved, or entered into on or before May 31, 2021, shall continue in full fo…
Neb. Rev. Stat. § 77-6524 Defense Efforts Workforce Act, how cited.
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Sections 77-6524 to 77-6543 shall be known and may be cited as the Defense Efforts Workforce Act.
Neb. Rev. Stat. § 77-6525 Act; purpose.
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The purpose of the Defense Efforts Workforce Act is to provide incentives to encourage employers to locate their workforce in this state to support military defense efforts and foster the growth of the workforce required to advance global defense communications and technologies.
Neb. Rev. Stat. § 77-6526 Definitions, where found.
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For purposes of the Defense Efforts Workforce Act, the definitions found in sections 77-6527 to 77-6537 shall be used.
Neb. Rev. Stat. § 77-6527 Additional definitions.
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Any term defined in the Nebraska Revenue Act of 1967 has the same meaning in the Defense Efforts Workforce Act unless the context or the express language of the Defense Efforts Workforce Act requires a different meaning.
Neb. Rev. Stat. § 77-6528 Base year, defined.
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Base year means the year immediately preceding the year of application.
Neb. Rev. Stat. § 77-6529 Defense contractor, defined.
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Defense contractor has the same meaning as in 50 U.S.C. 4552, as such section existed on January 1, 2025.
Repealed. Laws 1985, LB 268, § 31.
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[Repealed or reserved.]
Neb. Rev. Stat. § 77-6530 Full-time employee, defined.
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Full-time employee means with respect to any month, an employee who is employed on average at least thirty hours of service per week.
Neb. Rev. Stat. § 77-6531 Nebraska statewide average hourly wage for any year, defined.
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Nebraska statewide average hourly wage for any year means the most recent statewide average hourly wage paid by all employers in all counties in Nebraska as calculated by the Office of Labor Market Information of the Department of Labor using annual data from the Quarterly Census…
Neb. Rev. Stat. § 77-6532 Performance period, defined.
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Performance period means the year of application plus the next nine years.
Neb. Rev. Stat. § 77-6533 Qualified employee, defined.
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Qualified employee means a person employed by the taxpayer who is (1) a full-time employee, (2) exclusively dedicated to supporting military defense efforts in this state, (3) paid wages at a rate equal to at least one hundred fifty percent of the Nebraska statewide average hourl…
Neb. Rev. Stat. § 77-6534 Qualified employer, defined.
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Qualified employer means a taxpayer that: (1) Employs (a) at least ten full-time qualified employees in Nebraska during the base year and (b) at least the same number of full-time qualified employees as were employed in the prior year for each year of the performance period; (2) …
Neb. Rev. Stat. § 77-6535 Taxpayer, defined.
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Taxpayer means any person subject to sales and use taxes under the Nebraska Revenue Act of 1967 and subject to withholding under section 77-2753 and any entity that is or would otherwise be a member of the same unitary group, if incorporated, that is subject to such sales and use…
Neb. Rev. Stat. § 77-6536 Wage credit, defined.
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Wage credit means the credit described in the Defense Efforts Workforce Act.
Neb. Rev. Stat. § 77-6537 Year, defined.
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Year means calendar year.
Neb. Rev. Stat. § 77-6538 Wage credit; amount; use.
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(1) If a qualified employer has entered into an agreement with the state pursuant to section 77-6539, the qualified employer shall during each year of the performance period receive the wage credit approved by the Tax Commissioner in the manner provided in the Defense Efforts Wor…
Neb. Rev. Stat. § 77-6539 Wage credit; application; fee; confidential information; approval; conditions; notice; agreement.
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(1) In order for the qualified employer to be eligible for the wage credit, the qualified employer shall file an application for an agreement with the Tax Commissioner. (2) The application shall: (a) State the exact name of the taxpayer and any related companies; (b) Include a de…
Repealed. Laws 1985, LB 268, § 31.
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[Repealed or reserved.]
Neb. Rev. Stat. § 77-6540 Wage credit; recapture or disallowance; interest; penalties.
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(1) If the taxpayer fails to maintain the required level of employment and meet the wage requirements through the entire performance period, all or a portion of the wage credits shall be recaptured directly by the state from the taxpayer or shall be disallowed. In no event shall …