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Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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[Repealed or reserved.]
Repealed.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 1992, LB 864, § 1.
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[Repealed or reserved.]
Repealed. Laws 1992, LB 864, § 1.
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[Repealed or reserved.]
Repealed. Laws 1990, LB 932, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 77-679 Car line company, defined.
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For purposes of sections 77-680 to 77-691, car line company shall mean any person, other than a person operating a railroad, owning or operating any railroad cars through, in, or into the State of Nebraska.
Neb. Rev. Stat. § 77-680 Car line companies; annual statement.
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The president or other chief officer or owner of every car line company shall, on or before June 1 of each year, furnish to the Property Tax Administrator, on forms prescribed by the Tax Commissioner, a statement showing (1) the aggregate number of miles made by each class of its…
Neb. Rev. Stat. § 77-6801 Act, how cited.
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Sections 77-6801 to 77-6847 shall be known and may be cited as the ImagiNE Nebraska Act.
Neb. Rev. Stat. § 77-6802 Policy.
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The Legislature hereby finds and declares that it is the policy of this state to modernize its economic development platform in order to (1) encourage new businesses to relocate to Nebraska, (2) encourage existing businesses to remain and grow in Nebraska, (3) encourage the creat…
Neb. Rev. Stat. § 77-6803 Definitions, where found.
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For purposes of the ImagiNE Nebraska Act, the definitions found in sections 77-6804 to 77-6825 shall be used.
Neb. Rev. Stat. § 77-6804 Additional definitions.
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Any term shall have the same meaning as used in Chapter 77, article 27, except as otherwise defined in the ImagiNE Nebraska Act.
Neb. Rev. Stat. § 77-6805 Base year, defined.
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Base year means the year immediately preceding the year of application, subject to the following exceptions: (1) Except as otherwise provided in subdivision (2) of this section, if the year of application is 2021, the base year is either 2019 or 2020, whichever year the applicant…
Neb. Rev. Stat. § 77-6806 Base-year employee, defined.
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Base-year employee means any individual who was employed in Nebraska and subject to the Nebraska income tax on compensation received from the taxpayer or its predecessors during the base year and who is employed at the qualified location or locations.
Neb. Rev. Stat. § 77-6807 Carryover period, defined.
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Carryover period means the period of three years immediately following the end of the performance period.
Neb. Rev. Stat. § 77-6808 Compensation, defined.
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Compensation means the wages and other payments subject to the federal medicare tax.
Neb. Rev. Stat. § 77-6809 Director, defined.
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Director means the Director of Economic Development.
Neb. Rev. Stat. § 77-681 Railroad companies; annual statement.
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The president or other chief officer of every railroad company which has lines running through, in, or into this state shall, on or before June 1 of each year, furnish to the Property Tax Administrator a statement, verified by the affidavit of the officer or person making the sta…
Neb. Rev. Stat. § 77-6810 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. Only the hours paid to employees who were employed in Nebraska and subject to the Nebraska income tax on compensatio…
Neb. Rev. Stat. § 77-6811 Investment, defined.
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Investment means the value of qualified property incorporated into or used at the qualified location or locations. For qualified property owned by the taxpayer, the value shall be the original cost of the property. Improvements to real estate qualify as investment even if the ent…
Neb. Rev. Stat. § 77-6812 Motor vehicle, defined.
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Motor vehicle means any motor vehicle, trailer, or semitrailer as defined in the Motor Vehicle Registration Act and subject to registration for operation on the highways.
Neb. Rev. Stat. § 77-6813 NAICS, defined.
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NAICS means the North American Industry Classification System established by the United States Department of Commerce and applied to classify the locations owned or leased by the taxpayer, including the specific NAICS codes and code definitions in effect on January 1, 2020.
Neb. Rev. Stat. § 77-6814 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. § 77-6815 Number of new employees, defined.
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(1) Number of new employees, for purposes of subdivisions (1)(b), (4)(d), (5)(c), and (8)(b)(iii) of section 77-6831, means the lesser of: (a) The number of equivalent employees that are employed at the qualified location or locations during a year that are in excess of the numbe…
Neb. Rev. Stat. § 77-6816 Performance period, defined.
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Performance period means the year during which the required increases in employment and investment were met or exceeded and each year thereafter until the end of the sixth year after the year the required increases were met or exceeded.
Neb. Rev. Stat. § 77-6817 Qualified employee leasing company, defined.
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Qualified employee leasing company means a company which places all employees of a client-lessee on its payroll and leases such employees to the client-lessee on an ongoing basis for a fee and, by written agreement between the employee leasing company and a client-lessee, grants …
Neb. Rev. Stat. § 77-6818 Qualified location, defined.
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(1) Qualified location means a location at which the majority of the business activities conducted are within one or more of the following NAICS codes or the following descriptions: (a) Manufacturing - 31, 32, or 33, including pre-production services; (b) Testing Laboratories - 5…
Neb. Rev. Stat. § 77-6819 Qualified property, defined.
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Qualified property means any tangible property of a type subject to depreciation, amortization, or other recovery under the Internal Revenue Code of 1986, as amended, or the components of such property, that will be located and used at the project. Qualified property does not inc…
Neb. Rev. Stat. § 77-682 Car line companies; value and assessment.
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The Property Tax Administrator shall ascertain from the statements made under sections 77-680 and 77-681, or from any other information available, the number of cars of each class required to make the total mileage in this state of each car line company within the period of one y…
Neb. Rev. Stat. § 77-6820 Ramp-up period, defined.
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Ramp-up period means the period of time from the date of the complete application through the end of the fourth year after the year in which the complete application was filed with the director.
Neb. Rev. Stat. § 77-6821 Related persons, defined.
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Related persons means any corporations, partnerships, limited liability companies, or joint ventures which are or would otherwise be members of the same unitary group, if incorporated, or any persons who are considered to be related persons under either section 267(b) and (c) or …
Neb. Rev. Stat. § 77-6822 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. § 77-6823 Wages, defined.
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Wages means compensation, not to exceed one million dollars per year for any employee.
Neb. Rev. Stat. § 77-6824 Year, defined.
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Year means calendar year.
Neb. Rev. Stat. § 77-6825 Year of application, defined.
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Year of application means the year that a completed application is filed under the ImagiNE Nebraska Act.
Neb. Rev. Stat. § 77-6826 Qualified employee leasing company; employees; duty.
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An employee of a qualified employee leasing company shall be considered to be an employee of the client-lessee for purposes of the ImagiNE Nebraska Act if the employee performs services for the client-lessee. A qualified employee leasing company shall provide the Department of Re…
Neb. Rev. Stat. § 77-6827 Incentives; application; contents; fee; approval, when; application; deadlines; foreign adversarial company; ineligible.
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(1) In order to utilize the incentives allowed in the ImagiNE Nebraska Act, the taxpayer shall file an application with the director, on a form developed by the director, requesting an agreement. (2) The application shall: (a) Identify the taxpayer applying for incentives; (b) Id…
Neb. Rev. Stat. § 77-6828 Agreement; requirements; contents; confidentiality; exceptions; duration of agreement; incentives; use.
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(1) Within ninety days after approval of the application, the director shall prepare and deliver a written agreement to the taxpayer for the taxpayer's signature. The taxpayer and the director shall enter into such written agreement. Under the agreement, the taxpayer shall agree …
Neb. Rev. Stat. § 77-6829 Qualified locations; base-year employment, compensation, and wage levels; review and certification; effect.
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(1) The taxpayer may request the director to review and certify that the location or locations designated in the application are qualified locations under the ImagiNE Nebraska Act. The taxpayer shall describe in detail the activities taking place at the location or locations or t…
Neb. Rev. Stat. § 77-683 Failure to furnish statement; penalty; waiver; Tax Commissioner; harmonize statements.
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(1) For each day's failure to furnish the statement required by section 77-680 or 77-681 or for each day's failure to furnish the information as required on the statement, the company may be assessed a penalty in the amount of one hundred dollars, except that the penalty shall no…
Neb. Rev. Stat. § 77-6830 Transactions and activities excluded.
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The following transactions or activities shall not create any credits or allow any benefits under the ImagiNE Nebraska Act except as specifically allowed by this section: (1) The acquisition of a business after the date of application which is continued by the taxpayer as a part …
Neb. Rev. Stat. § 77-6831 Tax incentives; amount; conditions; fee; ImagiNE Nebraska Cash Fund; created; use; investment.
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(1) A taxpayer shall be entitled to the sales and use tax incentives contained in subsection (2) of this section if the taxpayer: (a) Attains a cumulative investment in qualified property of at least five million dollars and hires at least thirty new employees at the qualified lo…
Neb. Rev. Stat. § 77-6832 Income tax credits; use; tax incentive credits; use; refund claims; filing requirements; audit; director; Tax Commissioner; powers and duties; appeal.
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(1)(a) The credits prescribed in section 77-6831 for a year shall be established by filing the forms required by the Tax Commissioner with the income tax return for the taxable year which includes the end of the year the credits were earned. The credits may be used and shall be a…
Neb. Rev. Stat. § 77-6833 Incentives; recapture or disallowance; conditions; procedure.
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(1) If the taxpayer fails to maintain employment and investment levels at or above the levels required in the agreement for the entire performance period, all or a portion of the incentives set forth in the ImagiNE Nebraska Act shall be recaptured or disallowed. For purposes of t…
Neb. Rev. Stat. § 77-6834 Incentives; transferable; when; effect.
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(1) The incentives allowed under the ImagiNE Nebraska 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 cooperative exempt under section …
Neb. Rev. Stat. § 77-6835 Refunds; interest not allowable.
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Interest shall not be allowable on any refunds paid because of benefits earned under the ImagiNE Nebraska Act.
Neb. Rev. Stat. § 77-6836 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 ImagiNE Nebraska Act. (2) The director shall be allowed access, by the Tax Commissioner, to information associated with the Nebraska Advantage Act, the Nebraska Adva…
Neb. Rev. Stat. § 77-6837 Reports; contents; joint hearing.
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(1) Beginning in 2021, the director and the Tax Commissioner shall jointly submit electronically an annual report for the previous fiscal year to the Legislature no later than October 31 of each year. The report shall be on a fiscal year, accrual basis that satisfies the requirem…
Neb. Rev. Stat. § 77-6838 Rules and regulations.
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Except as otherwise stated in the ImagiNE Nebraska Act, the director, with input from the Tax Commissioner, may adopt and promulgate all procedures and rules and regulations necessary to carry out the purposes of the ImagiNE Nebraska Act.
Neb. Rev. Stat. § 77-6839 Tax incentives; estimates required; when; exceed base authority; limit on applications.
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(1) The Department of Economic Development and the Department of Revenue shall jointly, 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 and use tax refunds to be pai…