Chapter 77 — REVENUE AND TAXATION
2,526 sections in this chapter.
Neb. Rev. Stat. § 77-1385 Historically significant real property; qualification.
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The following real property shall qualify as historically significant real property for purposes of the historic rehabilitation valuation authorized by section 77-1391 pursuant to the authority granted to the Legislature under subdivision (12) of Article VIII, section 2, of the C…
Neb. Rev. Stat. § 77-1386 Historically significant real property; landmark ordinance or resolution; approval.
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(1) A city, village, or county shall request the State Historic Preservation Officer's approval of any landmark ordinance or resolution which designates individual properties or districts before any such individual properties or historically significant properties within such dis…
Neb. Rev. Stat. § 77-1387 Historically significant real property; application by property owner; approval.
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(1) A property owner or the legally designated representative of the property owner may submit an application to the State Historic Preservation Officer for a determination of whether the property owner's real property is qualified to receive historic rehabilitation valuation aut…
Neb. Rev. Stat. § 77-1388 Historically significant real property; preliminary certificate of rehabilitation; filing with State Historic Preservation Officer.
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(1) The owner of historically significant real property described in section 77-1385 may apply for a preliminary certificate of rehabilitation on a form prescribed by the State Historic Preservation Officer. The application shall be filed with the State Historic Preservation Offi…
Neb. Rev. Stat. § 77-1389 Historically significant real property; preliminary certificate of rehabilitation; filing with city, village, or county.
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(1) A city, village, or county may receive and recommend approval of applications for preliminary certificates of rehabilitation within its corporate boundaries pursuant to subsection (4) of this section. (2) Prior to exercising authority under subsection (1) of this section, a c…
Neb. Rev. Stat. § 77-1390 Historically significant real property; final certificate of rehabilitation; issuance.
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Upon completion of the rehabilitation the owner shall provide the following information to the State Historic Preservation Officer to obtain a final certificate of rehabilitation: (1) Documentation of the dates on which construction commenced and was completed; (2) Clear, current…
Neb. Rev. Stat. § 77-1391 Historically significant real property; valuation.
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(1) Commencing January 1, 2006, for all real property for which a final certificate of rehabilitation has been issued, the valuation for purposes of assessment shall be no more than the base-year valuation for eight years following issuance of the final certificate of rehabilitat…
Neb. Rev. Stat. § 77-1392 Historically significant real property; Tax Commissioner; rules and regulations.
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The Tax Commissioner may adopt and promulgate rules and regulations regarding the base-year valuation of historically significant real property.
Neb. Rev. Stat. § 77-1393 Historically significant real property; State Historic Preservation Officer; rules and regulations.
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The State Historic Preservation Officer may adopt and promulgate rules and regulations to carry out sections 77-1385 to 77-1394, including, but not limited to, provisions that: (1) Preclude the issuance of a conditional, preliminary, or final certificate of rehabilitation for any…
Neb. Rev. Stat. § 77-1394 Historically significant real property; protests; procedure; appeal.
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(1) Any decision of the State Historic Preservation Officer under sections 77-1385 to 77-1394 may be protested to the State Historic Preservation Officer within thirty days after the mailing of the written notice. If a protest is not filed, the action of the State Historic Preser…
Neb. Rev. Stat. § 77-1395 Sales-restricted house; assessment; application; county assessor; duties.
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(1) The Legislature finds that: (a) The provision of safe, decent, and affordable housing to all residents of the State of Nebraska is a matter of public concern and represents a legitimate and compelling state need, affecting the general welfare of all residents; (b) Sales-restr…
Neb. Rev. Stat. § 77-1401 Terms, defined.
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For purposes of sections 77-1401 to 77-1409: (1) Account means an achieving a better life experience account established under the program for the purposes of funding future qualified disability expenses of a designated beneficiary; (2) Contracting state means a state without a q…
Neb. Rev. Stat. § 77-1402 State Treasurer; establish achieving a better life program or contract with another state.
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(1) For purposes of administering accounts established to encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities, the State Treasurer shall either establish the achieving a better life experience program a…
Neb. Rev. Stat. § 77-1403 Account owner; designated beneficiary; death of designated beneficiary; transfer or distribution of account balances; notice regarding potential tax consequences; state claim or recovery; when prohibited.
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(1) Unless otherwise permitted under section 529A, the owner of an account shall be the designated beneficiary of the account, except that if the designated beneficiary of the account is a minor or has a custodian or other fiduciary appointed for the purposes of managing such ben…
Neb. Rev. Stat. § 77-1404 Contributions.
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Any person may make contributions to an account to meet the qualified disability expenses of the designated beneficiary of the account if the account and contributions meet the other requirements of sections 77-1403 to 77-1409 and the rules and regulations adopted and promulgated…
Neb. Rev. Stat. § 77-1405 Qualified program.
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The State Treasurer and, to the extent required by the terms of such designation, any designated administrator shall operate the program so that it constitutes a qualified program in compliance with the requirements of section 529A.
Neb. Rev. Stat. § 77-1406 Investment options; state investment officer; fiduciary responsibility.
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The State Treasurer and any designated administrator shall provide investment options for the investment of amounts contributed to an account, except that the state investment officer shall have fiduciary responsibility to make all decisions regarding the investment of the money …
Neb. Rev. Stat. § 77-1407 Funds held in trust; ABLE Program Fund; ABLE Expense Fund; created; use; investment; program assets; treatment.
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(1) Funds contributed to the program shall be held in trust by the State Treasurer. The State Treasurer shall credit money received by the program into three funds: The ABLE Program Fund, the ABLE Expense Fund, and the Treasury Management Cash Fund. The State Treasurer shall cred…
Neb. Rev. Stat. § 77-1408 Annual audited financial report; supplemental information.
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(1) The State Treasurer shall submit an annual audited financial report, prepared in accordance with generally accepted accounting principles, on the operations of the program by November 1 to the Governor and the Legislature. The report submitted to the Legislature shall be subm…
Neb. Rev. Stat. § 77-1409 State Treasurer; rules and regulations; powers.
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The State Treasurer may adopt and promulgate rules and regulations, enter into contracts and agreements, charge fees and expenses to the funds held under the program or to persons establishing or owning accounts, make reports, retain designated administrators, employees, experts,…
Neb. Rev. Stat. § 77-1410 Act, how cited.
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Sections 77-1410 to 77-1414 shall be known and may be cited as the Give to Enable Support Act.
Neb. Rev. Stat. § 77-1411 Terms, defined.
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For purposes of the Give to Enable Support Act: (1) Account has the same meaning as in section 77-1401; (2) Contribution means a donation which is made for the purpose of providing a source of funding for the program; (3) Program means the Give to Enable Support Program created i…
Neb. Rev. Stat. § 77-1412 Give to Enable Support Cash Fund; created; use; investment.
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There is hereby created the Give to Enable Support Cash Fund. The fund shall be administered by the State Treasurer. The State Treasurer shall accept contributions from any private individual or private entity and shall credit all such contributions received to the Give to Enable…
Neb. Rev. Stat. § 77-1413 Give to Enable Support Program; created; purpose; participation; qualified individual; application; State Treasurer; duties.
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(1) The Give to Enable Support Program is created. The program shall begin on January 1, 2026, and shall be implemented and administered by the State Treasurer. The purpose of the program is to promote access to accounts by establishing accounts using distributions from the Give …
Neb. Rev. Stat. § 77-1414 Rules and regulations.
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The State Treasurer may adopt and promulgate rules and regulations to carry out the Give to Enable Support Act.
Neb. Rev. Stat. § 77-1415 Legislative findings.
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The Legislature finds that the general welfare and well-being of the state are directly related to educational levels and skills of the citizens of the state and that a vital and valid public purpose is served by the creation and implementation of programs which encourage and mak…
Neb. Rev. Stat. § 77-1416 Terms, defined.
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For purposes of sections 77-1415 to 77-1430: (1) Administrative fund means the Education Savings Plan Administrative Fund created in section 77-1420; (2) Beneficiary means the individual designated by a participation agreement to benefit from advance payments of qualified educati…
Neb. Rev. Stat. § 77-1417 Nebraska educational savings plan trust; created; State Treasurer; Nebraska Investment Council; powers and duties.
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The Nebraska educational savings plan trust is created. The State Treasurer is the trustee of the trust and as such is responsible for the administration, operation, and maintenance of the program and has all powers necessary to carry out and effectuate the purposes, objectives, …
Neb. Rev. Stat. § 77-1418 Advertising or promotional materials; restriction.
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Any advertising or promotional materials relating to the Nebraska educational savings plan trust may include references to a public office but shall not refer to an officeholder by name.
Neb. Rev. Stat. § 77-1419 Participation agreements; terms and conditions.
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The Nebraska educational savings plan trust may enter into participation agreements with participants on behalf of beneficiaries pursuant to the following terms and conditions: (1) A participation agreement shall authorize a participant to make contributions to an account which i…
Neb. Rev. Stat. § 77-1420 Deposit of funds; Education Savings Plan Program Fund; Education Savings Plan Administrative Fund; Education Savings Plan Expense Fund; created; use; investment; State Treasurer; report.
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(1) The State Treasurer shall deposit money received by the Nebraska educational savings plan trust into three funds: The Education Savings Plan Program Fund, the Education Savings Plan Expense Fund, and the Education Savings Plan Administrative Fund. The State Treasurer shall de…
Neb. Rev. Stat. § 77-1421 Participation agreement; cancellation; when; effect.
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(1) A participant may cancel a participation agreement at will by submitting a request to terminate the participation agreement. Additionally, if a participant requests and obtains a nonqualified withdrawal, the participation agreement shall be deemed canceled with respect to the…
Neb. Rev. Stat. § 77-1422 Ownership rights under participation agreement.
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(1) A participant retains ownership of all contributions made under a participation agreement up to the date of utilization for payment of qualified education expenses for the beneficiary or, in the case of a qualified education loan payment, for the beneficiary or a sibling of t…
Neb. Rev. Stat. § 77-1423 Benefits received; employer contributions; effect on other benefits or aid.
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(1) A student loan program, student grant program, or other program administered by any agency of the state, except as may be otherwise provided by federal law or the provisions of any specific grant applicable to the federal law, shall not take into account and shall not conside…
Neb. Rev. Stat. § 77-1424 Annual audited financial report.
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(1) The State Treasurer shall submit an annual audited financial report, prepared in accordance with generally accepted accounting principles, on the operations of the Nebraska educational savings plan trust by November 1 to the Governor and the Legislature. The report submitted …
Neb. Rev. Stat. § 77-1425 Benefits received; tax consequences.
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(1) For federal income tax purposes, the Nebraska educational savings plan trust shall be considered a qualified state tuition program exempt from taxation pursuant to section 529 of the Internal Revenue Code. The trust meets the requirements of section 529(b) of the Internal Rev…
Neb. Rev. Stat. § 77-1426 Assets of trust; how treated.
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The assets of the Nebraska educational savings plan trust, including the program fund and excluding the administrative fund and the expense fund, shall at all times be preserved, invested, and expended solely and only for the purposes of the trust and shall be held in trust for t…
Neb. Rev. Stat. § 77-1427 Sections; how construed.
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Nothing in sections 77-1415 to 77-1426 shall be deemed to prohibit both resident and nonresident participants and designated beneficiaries from being eligible to participate in and benefit from the Nebraska educational savings plan trust and program. It is the intent of the Legis…
Neb. Rev. Stat. § 77-1428 College Savings Incentive Cash Fund; created; use; investment.
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(1) The College Savings Incentive Cash Fund is created. The fund shall be administered by the State Treasurer and shall be used to provide incentive payments under the Employer Matching Contribution Incentive Program established in section 77-1429 and to provide matching scholars…
Neb. Rev. Stat. § 77-1429 Employer Matching Contribution Incentive Program; created; purpose; employer; application; State Treasurer; powers and duties.
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(1) The Employer Matching Contribution Incentive Program is created. The program shall begin on January 1, 2022, and shall be implemented and administered by the State Treasurer. The purpose of the program is to encourage employers to make matching contributions by providing ince…
Neb. Rev. Stat. § 77-1430 College Savings Plan Low-Income Matching Scholarship Program; established; participation; eligibility; application; State Treasurer; duties.
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(1) Beginning January 1, 2022, there is hereby established the College Savings Plan Low-Income Matching Scholarship Program. The purpose of the program is to encourage private contributions to accounts established under the Nebraska educational savings plan trust for the benefit …
Neb. Rev. Stat. § 77-1501 County board of equalization; who constitutes; meetings; county officials; duties.
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The county board shall constitute the county board of equalization. The county board of equalization shall fairly and impartially equalize the values of all items of real property in the county so that all real property is assessed uniformly and proportionately. The county assess…
Neb. Rev. Stat. § 77-1502 Board; protests; form; report; notification.
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(1) The county board of equalization shall meet for the purpose of reviewing and deciding written protests filed pursuant to this section beginning on or after June 1 and ending on or before July 25 of each year. Protests regarding real property shall be signed and filed after th…
Neb. Rev. Stat. § 77-1502.01 Board; referee; appointment; compensation; duties.
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In all counties the county board of equalization may appoint one or more suitable persons to act as referees. The compensation of a referee shall be fixed by the county board and shall be payable from the general fund of the county. The county board of equalization may direct tha…
Repealed. Laws 1987, LB 508, § 50.
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[Repealed or reserved.]
Neb. Rev. Stat. § 77-1503.01 Property exempt from equalization.
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Any property valued by the state shall not be subject to the jurisdiction of the county board of equalization.
Neb. Rev. Stat. § 77-1504 Equalization of property; board; powers and duties; protest; procedure; notice of decision.
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The county board of equalization may meet on or after June 1 and on or before July 25, or on or before August 10 if the board has adopted a resolution to extend the deadline for hearing protests under section 77-1502, to consider and correct the current year's assessment of any r…
Neb. Rev. Stat. § 77-1504.01 Adjustment to class or subclass of real property; procedure.
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(1) Unless the county has adopted a resolution to extend the deadline for hearing protests under section 77-1502, after completion of its actions and based upon the hearings conducted pursuant to sections 77-1502 and 77-1504, a county board of equalization may petition the Tax Eq…
Repealed. Laws 1959, c. 371, § 5.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 508, § 50.
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[Repealed or reserved.]