Nebraska Statutes 77-2004. Inheritance tax; rate; transfer to immediate relatives; exemption
(1) In the case of a father, mother, grandfather, grandmother, brother, sister, son, daughter, child or children legally adopted as such in conformity with the laws of the state where adopted, any lineal descendant, any lineal descendant legally adopted as such in conformity with the laws of the state where adopted, any person to whom the deceased for not less than ten years prior to death stood in the acknowledged relation of a parent, or the spouse or surviving spouse of any such persons, the rate of tax shall be:
Terms Used In Nebraska Statutes 77-2004
- Lineal descendant: Direct descendant of the same ancestors.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(a) For decedents dying prior to January 1, 2023, one percent of the clear market value of the property received by each person in excess of forty thousand dollars; and
(b) For decedents dying on or after January 1, 2023, one percent of the clear market value of the property received by each person in excess of one hundred thousand dollars.
(2) Any interest in property, including any interest acquired in the manner set forth in section 77-2002, which may be valued at a sum less than or equal to the applicable exempt amount under subsection (1) of this section shall not be subject to tax. In addition the homestead allowance, exempt property, and family maintenance allowance shall not be subject to tax. Interests passing to the surviving spouse by will, in the manner set forth in section 77-2002, or in any other manner shall not be subject to tax. Any interest passing to a person described in subsection (1) of this section who is under twenty-two years of age shall not be subject to tax.
Source
- Laws 1901, c. 54, § 1, p. 414;
- Laws 1905, c. 117, § 1, p. 523;
- Laws 1907, c. 103, § 1, p. 356;
- R.S.1913, § 6622;
- C.S.1922, § 6153;
- Laws 1923, c. 187, § 1, p. 430;
- C.S.1929, § 77-2201;
- Laws 1931, c. 132, § 1, p. 371;
- C.S.Supp.,1941, § 77-2201;
- R.S.1943, § 77-2004;
- Laws 1951, c. 267, § 3, p. 900;
- Laws 1953, c. 282, § 2, p. 914;
- Laws 1957, c. 337, § 1, p. 1174;
- Laws 1965, c. 497, § 1, p. 1585;
- Laws 1975, LB 481, § 31;
- Laws 1976, LB 585, § 4;
- Laws 1977, LB 456, § 1;
- Laws 1982, LB 480, § 4;
- Laws 1988, LB 845, § 1;
- Laws 1997, LB 16, § 1;
- Laws 2007, LB502, § 1;
- Laws 2022, LB310, § 1.