§ 77-2701 Act, how cited
§ 77-2701.01 Income tax;rate
§ 77-2701.02 Sales tax; rate
§ 77-2701.03 Changes; when effective; relief from liability; conditions
§ 77-2701.04 Definitions, where found
§ 77-2701.05 Agent, defined
§ 77-2701.06 Annexed to real estate, defined
§ 77-2701.07 Business, defined
§ 77-2701.08 Certified automated system, defined
§ 77-2701.09 Certified service provider, defined
§ 77-2701.10 Contractor or repairperson, defined
§ 77-2701.11 Delivery charges,defined
§ 77-2701.12 Direct mail, defined
§ 77-2701.13 Engaged in business in this state, defined
§ 77-2701.14 Entity-based exemption, defined
§ 77-2701.15 Governing board, defined
§ 77-2701.16 Gross receipts, defined
§ 77-2701.17 In this state or within the state, defined
§ 77-2701.18 Lease or rental, defined
§ 77-2701.19 Maintenance agreement, defined
§ 77-2701.20 Member states, defined
§ 77-2701.21 Model 1 seller, defined
§ 77-2701.22 Model 2 seller, defined
§ 77-2701.23 Model 3 seller, defined
§ 77-2701.24 Occasional sale, defined
§ 77-2701.25 Person, defined
§ 77-2701.26 Product-based exemption, defined
§ 77-2701.27 Property, defined
§ 77-2701.28 Purchase, defined
§ 77-2701.29 Purchase price, defined
§ 77-2701.30 Purchaser, defined
§ 77-2701.31 Retail sale or sale at retail, defined
§ 77-2701.32 Retailer, defined
§ 77-2701.33 Sale, defined
§ 77-2701.34 Sale for resale, defined
§ 77-2701.35 Sales price,defined
§ 77-2701.36 Seller, defined
§ 77-2701.37 Storage, defined
§ 77-2701.38 Streamlinedsales and use tax agreement, defined
§ 77-2701.39 Tangible personal property, defined
§ 77-2701.40 Tax Commissioner, defined
§ 77-2701.41 Taxpayer, defined
§ 77-2701.42 Use, defined
§ 77-2701.43 Use-based exemption, defined
§ 77-2701.44 Building materials, defined
§ 77-2701.46 Manufacturing, defined
§ 77-2701.47 Manufacturing machinery and equipment, defined
§ 77-2701.48 Bundled transaction, defined
§ 77-2701.49 Delivered electronically, defined
§ 77-2701.50 Digital audio works, defined
§ 77-2701.51 Digital audiovisual works, defined
§ 77-2701.52 Digital books, defined
§ 77-2701.53 Digital code, defined
§ 77-2701.54 Data center, defined
§ 77-2701.55 Admission, defined
§ 77-2701.56 Buyer-based exemption, defined
§ 77-2703 Sales and use tax; rate; collection; collection fee; understatement; prohibited acts; violation; penalty; interest
§ 77-2703.01 General sourcing rules
§ 77-2703.03 Direct mail sourcing
§ 77-2703.04 Telecommunications sourcing rule
§ 77-2704.02 Federal or state constitution or federal statute; exemption
§ 77-2704.03 Aircraft fuel; exemption
§ 77-2704.04 Minerals, oil, or gas; exemption
§ 77-2704.05 Motor vehicle fuels; diesel and compressed fuels; exemption
§ 77-2704.06 Contract entered into prior to June 1, 1967; exemption
§ 77-2704.07 Newspaper; exemption
§ 77-2704.08 Leased property; exemption
§ 77-2704.09 Insulin; prescription drugs; mobility enhancing equipment; medical equipment; exemptions
§ 77-2704.10 Prepared food and food and food ingredients; fees and admissions; exemption
§ 77-2704.11 Shipment outside this state; exemption
§ 77-2704.12 Nonprofit religious, service, educational, or medical organization; exemption; purchasing agents
§ 77-2704.13 Fuel, energy, or water sources; exemption
§ 77-2704.14 Coin-operated laundering and cleaning machines; exemption
§ 77-2704.15 Purchases by state, schools, or governmental units; exemption; purchasing agents
§ 77-2704.16 Purchases by Nebraska State Fair Board; exemption
§ 77-2704.17 Purchases by Nebraska Investment Finance Authority; exemption
§ 77-2704.20 Purchases by licensees of the State Racing and Gaming Commission; exemption
§ 77-2704.21 Purchase of motor vehicle for disabled person; exemption
§ 77-2704.22 Manufacturing machinery and equipment and related services; exemption
§ 77-2704.23 Semen and insemination services; exemption
§ 77-2704.24 Food or food ingredients; exemptions
§ 77-2704.25 Sales by school organizations; exemption
§ 77-2704.26 Aircraft; exemption
§ 77-2704.27 Railroad rolling stock; exemption
§ 77-2704.28 Leases between related companies; exemption
§ 77-2704.29 Sales tax payment; exemption from use tax
§ 77-2704.30 Use tax; general exemptions
§ 77-2704.31 Sales or use tax paid in another state; credit given
§ 77-2704.32 Projects outside the United States; refund of tax
§ 77-2704.33 Fixed-price contract; change in sales tax rate; refund of tax; failure to pay tax; penalty
§ 77-2704.34 Tax included in sale price; authorized
§ 77-2704.35 Agents treated as vendors; joint responsibility
§ 77-2704.36 Agricultural machinery and equipment; net wrap, bailing wire, and twine; exemption
§ 77-2704.38 State lottery tickets; exemption
§ 77-2704.39 Copyrighted material; used for rebroadcasting; exemption
§ 77-2704.40 Molds, dies, and patterns; exemption
§ 77-2704.41 Feed, water, veterinary medicines, and agricultural chemicals; exemption
§ 77-2704.42 Copies of public records; exemption; exception
§ 77-2704.43 Industrial machinery and equipment; reciprocal exemption
§ 77-2704.44 Use tax; when imposed
§ 77-2704.45 Ingredient or component parts; exemption
§ 77-2704.46 Food for human consumption; agricultural components; oxygen for aquaculture; exemption
§ 77-2704.47 Containers; exemption
§ 77-2704.48 Occasional sale; exemption
§ 77-2704.49 Reciprocal exemption
§ 77-2704.50 Railroad rolling stock; commonor contract carrier; exemption
§ 77-2704.51 Telecommunications services or dark fiber between telecommunications companies; exemption
§ 77-2704.52 Prepaid calling service or prepaid wireless calling service; exemption
§ 77-2704.53 Videotape and film rentals; satellite programming and service; exemption
§ 77-2704.54 Purchase by electronic benefits transfer or food coupons; exemption
§ 77-2704.55 Certain contractor labor; refund; procedure; Department of Revenue Contractor Enforcement Fund; created; investment
§ 77-2704.56 Purchase of certain property or fine art by museum; exemption
§ 77-2704.57 Personal property used in C-BED project or community-based energy development project; exemption; Tax Commissioner; powers and duties; Department of Revenue; recover tax not paid
§ 77-2704.58 Depositions, bills of exceptions, and transcripts sold by court reporter; exemption
§ 77-2704.59 Medical records; exemption
§ 77-2704.60 Mineral oil applied to grain as dust suppressant; exemption
§ 77-2704.61 Biochips; exemption
§ 77-2704.62 Data center; exemption
§ 77-2704.63 Youth sports event, youth sportsleague, or youth competitive educational activity; exemption
§ 77-2704.64 Repair or replacement parts foragricultural machinery and equipment used in commercial agriculture; exemption
§ 77-2704.65 Historic automobile museum; exemption
§ 77-2704.66 Currency or bullion; exemption
§ 77-2704.67 Membership or admission to or purchase by zoo or aquarium; exemption
§ 77-2704.68 Residential water service; exemption
§ 77-2704.69 Catalysts, chemicals, and materials used in the process of manufacturing ethyl alcohol; exemption
§ 77-2704.70 Feminine hygiene products; exemption
§ 77-2705 Sales and use tax; retailer; registration; permit; form; revocation; restoration; appeal; exempt sale certificate; violations; penalty; wrongful disclosure; online registration system
§ 77-2705.01 Direct payment permit; issuance;application; fee
§ 77-2705.02 Direct payment permit; rights and duties of holder
§ 77-2705.03 Direct paymentpermit; revocation; relinquishment
§ 77-2705.04 Record of sales tax permits; electronicaccess; fees
§ 77-2705.05 Direct payment permit; managed compliance agreements; authorized
§ 77-2706 Sales and use tax; resale certificate; effect; exemption certificate; fee; penalty; wrongful disclosure
§ 77-2706.01 Retailer of aircraft; use tax; option; election; conditions
§ 77-2706.02 Construction contractor; buyer-based exemption; appointment of purchasing agent; procedure; failure; client; apply for refund
§ 77-2707 Sales and use tax; sale of business; liability for tax
§ 77-2708 Sales and use tax; returns; date due; failure to file; penalty; deduction; amount; claim for refund; allowance; disallowance; proceedings; Tax Commissioner; duties regarding refund
§ 77-2708.01 Depreciablerepairs or parts for agricultural machinery or equipment; refund of salesor use taxes; procedure
§ 77-2709 Sales and usetax; return; Tax Commissioner; deficiency determination; penalty; deficiency;notice; hearing; order
§ 77-2710 Sales and use tax; removal of personal property; concealment; Tax Commissioner; action
§ 77-2711 Sales and use tax; Tax Commissioner; enforcement; records; retain; reports; wrongful disclosures; exceptions; information provided to municipality; penalty; waiver; streamlined sales and use tax agreement; confidentiality rights
§ 77-2712.02 Legislative findings
§ 77-2712.03 Streamlined sales and use tax agreement; ratified; governing board; members
§ 77-2712.04 Streamlined sales and use tax agreement; relationship to state law
§ 77-2712.05 Streamlined sales and use tax agreement; requirements
§ 77-2712.06 Agreement; effect
§ 77-2712.07 Rights under the agreement
§ 77-2713 Sales and use tax; failure to collect; false return; violations; penalty; statute of limitations
§ 77-2714 Terms; references; incorporation of federal law
§ 77-2714.01 Terms, defined
§ 77-2715 Income tax; rate;credits; refund
§ 77-2715.01 Income and sales tax; Legislature; set rates; limitations; primary rate; Tax Rate Review Committee; members; meetings; report
§ 77-2715.02 Rate schedules;established; other taxes; tax rate
§ 77-2715.03 Individual income tax brackets and rates; Tax Commissioner; duties; tax tables; other taxes; tax rate
§ 77-2715.07 Income tax credits
§ 77-2715.08 Capital gains; terms, defined
§ 77-2715.09 Capital stock; sale or exchange; extraordinary dividend and capital gains treatment
§ 77-2716 Income tax; adjustments
§ 77-2716.01 Personal exemptions; standard deduction; computation
§ 77-2716.03 Income tax; disallowance of itemized deductions; calculation
§ 77-2717 Income tax; estates; trusts; rate; fiduciary return; contents; filing; state income tax; contents; credits
§ 77-2724 Nonresident estates or trusts; income; how determined
§ 77-2725 Nonresident estate or trust; share of income; how determined
§ 77-2727 Income tax; partnership; subject to act; credit; election to file return at entity level; how treated
§ 77-2728 Income tax; partnership; income; how determined
§ 77-2729 Nonresident partner; income; how determined
§ 77-2730 Individual; resident estate or trust; income derived from another state; credit
§ 77-2731 Income tax; taxpayer; resident of more than one state; tax; credit
§ 77-2732 Married persons; separate federal returns; joint returns; how treated; revocation of election
§ 77-2733 Income tax; nonresident; income in Nebraska; method of determination of tax; exception
§ 77-2733.01 Partial-year resident; determination of income
§ 77-2734.01 Small business corporation shareholders; limited liability company members; determination of income; credit; Tax Commissioner; powers; return; when required; election to file return at entity level; how treated
§ 77-2734.02 Corporate taxpayer; income tax rate; how determined
§ 77-2734.03 Income tax; tax credits
§ 77-2734.04 Income tax;terms, defined
§ 77-2734.05 Income tax; unitary business; taxable income; how determined
§ 77-2734.06 Income tax; unitary business; apportionment of income
§ 77-2734.07 Income tax;adjustments to federal taxable income; rules and regulations
§ 77-2734.08 Income tax; group of corporations as taxpayer; adjustments to income
§ 77-2734.09 Income tax; unitary group; use of special apportionment formula; effect
§ 77-2734.10 Income tax; adjustment of factors
§ 77-2734.11 Income tax; corporate taxpayer; when deemed taxable in another state
§ 77-2734.12 Income tax; property factor; how determined
§ 77-2734.13 Income tax; payroll factor; how determined
§ 77-2734.14 Income tax;sales factor; how determined
§ 77-2734.15 Income tax; apportionment; petition for special method of apportionment; Tax Commissioner; powers and duties
§ 77-2734.16 Income tax; unitary business; three-factor formula
§ 77-2753 Income tax; withholding from wages and other payments
§ 77-2754 Income tax; withholdings; written statement required
§ 77-2755 Income tax; withholdings; deemed paid to Tax Commissioner
§ 77-2756 Income tax; employer or payor; withholding for tax
§ 77-2757 Income tax; employer or payor required to deduct; trust fund
§ 77-2758 Income tax; employer or payor; failure to deduct; effect
§ 77-2759 Income tax; taxable year
§ 77-2760 Income tax; accounting method
§ 77-2761 Income tax; return; required by whom
§ 77-2763 Income tax; taxpayer; deceased; return
§ 77-2764 Income tax; fiduciary; notice of qualification
§ 77-2765 Partial-year resident individual; filing requirements
§ 77-2767 Income tax; two returns required; when; total taxes due
§ 77-2768 Income tax; return; filing; when
§ 77-2769 Income tax; estimated tax; payment; date
§ 77-2769.01 Income tax; corporation; overpayment of estimated tax; adjustment; procedure
§ 77-2770 Income tax; filing or payment; extension of time; bond; when
§ 77-2770.01 Income tax; return; extension; provisions effective after January 1, 1969
§ 77-2771 Income tax; return, declaration, statement, signature; effect
§ 77-2772 Income tax; Tax Commissioner; records, form of returns
§ 77-2773 Income tax; partnership; taxable year; return
§ 77-2774 Income tax; Tax Commissioner; rules and regulations
§ 77-2775 Federal income tax return; modified or amended; change in tax liability owed to this state; taxpayer; duties; partnership; election; effect
§ 77-2776 Income tax; Tax Commissioner; return; examination; failure to file; notice; deficiency; notice
§ 77-2777 Income tax; deficiency; notice
§ 77-2778 Income tax; deficiency; written protest; time
§ 77-2779 Income tax;notice of Tax Commissioner’s determination; mailing; contents
§ 77-2780 Income tax; Tax Commissioner; action on taxpayer’s protest; when final
§ 77-2781 Tax Commissioner; proceedings; burden of proof; exceptions
§ 77-2782 Income tax; evidence; federal determination; admissible
§ 77-2783 Income tax; additional tax; notice; no appeal or protest; when
§ 77-2784 Income tax; deficiency; waive restrictions
§ 77-2785 Income tax; assessment; deficiency; date
§ 77-2786 Deficiency determination; notice; limitation; extension of time periods
§ 77-2787 Income tax; erroneous refund; deficiency; limitation
§ 77-2788 Income tax; delinquency; interest
§ 77-2789 Income tax;failure to file return; penalty
§ 77-2790 Income tax;deficiency; interest; failure to report or file; prohibited acts; penalties
§ 77-2791 Income tax; overpayment; refund; credit; Tax Commissioner; rules and regulations
§ 77-2792 Income tax; Tax Commissioner; abate unpaid assessment; waive penalties or interest
§ 77-2793 Claim for credit or refund; limitation
§ 77-2794 Income tax; overpayment;interest
§ 77-2795 Income tax; claim for refund; grounds; state; oral hearing
§ 77-2796 Income tax;Tax Commissioner; claim for refund; denial; notice
§ 77-2797 Income tax; Tax Commissioner; refund claim; notice of action; limitation; effect
§ 77-2798 Income tax; claim for refund; action; where brought
§ 77-2799 Income tax; claim for refund; filing required; action
§ 77-27,100 Income tax;claim for refund; limitation
§ 77-27,101 Income tax; action for refund; judgment
§ 77-27,102 Income tax; collection; unpaid tax; notice
§ 77-27,103 Income tax; due and unpaid; collection; lien foreclosure
§ 77-27,107 Income tax; demand for payment; notice; collection
§ 77-27,108 Income tax; collection; comity with other states
§ 77-27,109 Income tax; refusal to file return; refusal to produce records; Tax Commissioner; powers; contempt proceedings
§ 77-27,110 Income tax; liability of transferee
§ 77-27,111 Income tax; taxpayer; depart from state; conceal property; Tax Commissioner; powers
§ 77-27,112 Income tax; taxpayer; bankruptcy; Tax Commissioner; tax; assessment; collection
§ 77-27,113 Income tax; evasion; penalty
§ 77-27,114 Income tax; failure to collect, withhold, deduct, account for, or pay; penalty
§ 77-27,115 Income tax; taxpayer; failure to pay, account or keep records; penalty
§ 77-27,116 Income tax; false return; penalty
§ 77-27,117 Income tax; prosecution for violation of act; limitation; Attorney General; concurrent jurisdiction
§ 77-27,118 Income tax; corporate officer or employee; liable for tax; when
§ 77-27,119 Income tax; Tax Commissioner; administer and enforce sections; prescribe forms; content; examination of return or report; uniform school district numbering system; audit by Auditor of Public Accounts or office of Legislative Audit; wrongful disclosure; ex
§ 77-27,119.01 Income tax form; contribution to Wildlife Conservation Fund
§ 77-27,119.02 Tax Commissioner; provide information to Legislative Fiscal Analyst
§ 77-27,119.03 Disclosure of election to be taxed as retailer; authorized
§ 77-27,119.05 Income tax form; contribution to Nebraska State Fair
§ 77-27,119.06 Nebraska State Fair contributions; disposition
§ 77-27,120 Income tax; Tax Commissioner; agreement with; effect
§ 77-27,121 Income tax; Governor; Secretary of the Treasury; agreement
§ 77-27,122 Income tax; Governor; Secretary of the Treasury; agreement; costs; payment
§ 77-27,123 Income tax; service in armed forces; effect
§ 77-27,125 Tax, report, claim, notice, petition; mailing; postmark stamped; date of delivery
§ 77-27,126 Lists of taxpayers; other information; department provide; when
§ 77-27,127 Tax Commissioner; final action; appeal
§ 77-27,128 Judicial review; exclusive remedy
§ 77-27,129 Tax Commissioner; tax; deficiency; collection
§ 77-27,130 Tax Commissioner;tax; deficiency; disallowed by court; effect; frivolous objections; damages
§ 77-27,131 Tax Commissioner; security required; when; sale of security; notice
§ 77-27,132 Revenue Distribution Fund; created; use; collections under act; disposition
§ 77-27,132.01 Tax Refund Fund balance; transfer; allocation
§ 77-27,133 Nonresident; deficiency; action; process
§ 77-27,134 Tax Commissioner; destroy obsolete returns, when
§ 77-27,135 Notice; howgiven
§ 77-27,135.01 Court ruling of unconstitutionality; effect

Terms Used In Nebraska Statutes > Nebraska Revenue Act of 1967

  • Acquire: when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain. See Nebraska Statutes 49-801
  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Admission: means the right or privilege to have access to a place or location where amusement, entertainment, or recreation is provided to an audience, spectators, or the participants in the activity. See Nebraska Statutes 77-2701.55
  • Admission does not: include the lease or rental of a location, facility, or part of a location or facility if the lessor cedes the right to determine who is granted access to the location or facility to the lessee for the period of the lease or rental. See Nebraska Statutes 77-2701.55
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agent: means a person appointed by a seller to represent the seller before the member states. See Nebraska Statutes 77-2701.05
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annexed to real estate: means attaching property to real estate so that (1) the property becomes real estate or (2) the installation or removal of the property requires specialized skills or tools and is performed or supervised by a recognized trade professional as determined by the Department of Revenue by rule and regulation. See Nebraska Statutes 77-2701.06
  • Annual average amortized loan balance: means the total of the ending monthly values in the tax year divided by the number of months in the tax year. See Nebraska Statutes 77-2734.04
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Application service: means computer-based services provided to customers over a network for a fee without selling, renting, leasing, licensing, or otherwise transferring computer software. See Nebraska Statutes 77-2734.04
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assessment: means the act of listing the description of all real property and taxable tangible personal property, determining its taxability, determining its taxable value, and placing it on the assessment roll. See Nebraska Statutes 77-126
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Billing address: means the location indicated in the books and records of the taxpayer as the address of record where the bill relating to the customer's account is mailed. See Nebraska Statutes 77-2734.04
  • Building materials: means any property that will be annexed to real estate or to an improvement on real estate. See Nebraska Statutes 77-2701.44
  • Bundled transaction: means the retail sale of two or more products, except real property and services to real property, when (a) the products are otherwise distinct and identifiable and (b) the products are sold for one non-itemized price. See Nebraska Statutes 77-2701.48
  • Bundled transaction does not: include the retail sale of exempt tangible personal property and taxable tangible personal property if (a) the transaction includes food and food ingredients, drugs, durable medical equipment, mobility enhancing equipment, over-the-counter drugs, prosthetic devices, or medical supplies and (b) the seller's purchase price or sales price of the taxable tangible personal property is fifty percent or less of the total purchase price or sales price of the bundled tangible personal property. See Nebraska Statutes 77-2701.48
  • Business: means any activity engaged in by any person or caused to be engaged in by him or her with the object of gain, benefit, or advantage, either direct or indirect. See Nebraska Statutes 77-2701.07
  • Buyer: includes a buyer, licensee, user, or person providing consideration for the use of an item or service. See Nebraska Statutes 77-2734.04
  • Buyer-based exemption: means an exemption based on who purchases the product. See Nebraska Statutes 77-2701.56
  • Capital stock: means common or preferred stock, either voting or nonvoting. See Nebraska Statutes 77-2715.08
  • Certified automated system: means software certified under the streamlined sales and use tax agreement to calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate member state, and maintain a record of the transaction. See Nebraska Statutes 77-2701.08
  • Certified service provider: means an agent certified under the streamlined sales and use tax agreement to perform all of the seller's sales tax collection functions, other than to remit tax on its own retail purchases. See Nebraska Statutes 77-2701.09
  • Chambers: A judge's office.
  • Clerical error: means transposition of numbers, mathematical error, computer malfunction causing programming and printing errors, data entry error, items of real property other than land identified on the wrong parcel, incorrect ownership, or certification of an incorrect valuation to political subdivisions. See Nebraska Statutes 77-128
  • Commercial domicile: means the principal place from which the trade or business of the taxpayer is directed or managed. See Nebraska Statutes 77-2734.04
  • Communications company: means any entity that:

    (a) Is:

    (i) A telecommunications company as defined in section 86-119 that provides a telecommunications service as defined in section 86-121 or provides broadband, Internet, or video services as defined in section 86-593 . See Nebraska Statutes 77-2734.04

  • Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
  • Company shall: include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
  • Compensation: means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. See Nebraska Statutes 77-2734.04
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor or repairperson: means any person who performs any repair services upon property annexed to, or who annexes building materials to, real estate, including leased property, and who, as a necessary and incidental part of performing such services, annexes building materials to the real estate being so repaired or annexed or arranges for such annexation. See Nebraska Statutes 77-2701.10
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporate taxpayer: means any corporation that is not a part of a unitary business or the part of a unitary business, whether it is one or more corporations, that is doing business in this state. See Nebraska Statutes 77-2734.04
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means all corporations and all other entities that are taxed as corporations under the Internal Revenue Code. See Nebraska Statutes 77-2734.04
  • Credit card: means a credit card, debit card, purchase card, charge card, and travel or entertainment card. See Nebraska Statutes 77-2734.04
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Data center: means computers, supporting equipment, and other organized assembly of hardware or software that are designed to centralize the storage, management, or dissemination of data and information, environmentally controlled structures or facilities or interrelated structures or facilities that provide the infrastructure for housing the equipment, such as raised flooring, electricity supply, communication and data lines, Internet access, cooling, security, and fire suppression, and any building housing the foregoing. See Nebraska Statutes 77-2701.54
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Digital audio works: means works that result from the fixation of a series of musical, spoken, or other sounds, including ringtones. See Nebraska Statutes 77-2701.50
  • Digital audiovisual works: means a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any. See Nebraska Statutes 77-2701.51
  • Digital books: means works that are generally recognized in the ordinary and usual sense as books. See Nebraska Statutes 77-2701.52
  • Digital code: means a code which provides a purchaser with a right to obtain one or more products delivered electronically. See Nebraska Statutes 77-2701.53
  • Direct mail: means printed material delivered or distributed by United States mail or other delivery service to a mass audience or to addressees on a mailing list provided by the purchaser or at the direction of the purchaser when the cost of the items are not billed directly to the recipients. See Nebraska Statutes 77-2701.12
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Doing business in this state: means the exercise of the corporation's franchise in this state or the conduct of operations in this state that exceed the limitations provided in 15 U. See Nebraska Statutes 77-2734.04
  • Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
  • Donee: The recipient of a gift.
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Engaged in business in this state: means conducting operations in this state that exceed the limitations of the commerce clause and due process clause of the United States Constitution and includes, but is not limited to, any of the following:

    (a) Maintaining, occupying, or using, permanently or temporarily, directly or indirectly, or through a subsidiary or agent, by whatever name called, an office, place of distribution, sales or sample room or place, warehouse, storage place, or other place of business in this state. See Nebraska Statutes 77-2701.13

  • Entity-based exemption: means an exemption based on who purchases the product or who sells the product. See Nebraska Statutes 77-2701.14
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Extraordinary dividend: means any dividend exceeding twenty percent of the fair market value of the stock on which it is paid as of the date the dividend is declared. See Nebraska Statutes 77-2715.08
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal taxable income: means the corporate taxpayer's federal taxable income as reported to the Internal Revenue Service or as subsequently changed or amended. See Nebraska Statutes 77-2734.04
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing board: means the body containing representatives from each state that is a member of the streamlined sales and use tax agreement that is responsible for approving membership or withdrawal of states to the agreement, registering retailers to collect sales and use tax from purchasers in the member states, certifying service providers and automated systems for collecting sales and use taxes, approving monetary allowances for certified service providers and certified automated systems, resolving disputes among member states or with retailers or certified service providers, and otherwise executing the provisions of the agreement for the benefit of the member states under the terms of the agreement. See Nebraska Statutes 77-2701.15
  • Governing board means the body containing representatives from each state that: is a member of the streamlined sales and use tax agreement that is responsible for approving membership or withdrawal of states to the agreement, registering retailers to collect sales and use tax from purchasers in the member states, certifying service providers and automated systems for collecting sales and use taxes, approving monetary allowances for certified service providers and certified automated systems, resolving disputes among member states or with retailers or certified service providers, and otherwise executing the provisions of the agreement for the benefit of the member states under the terms of the agreement. See Nebraska Statutes 77-2701.15
  • Grantor: The person who establishes a trust and places property into it.
  • Grantor: shall include every person from or by whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
  • Gross receipts: includes the sale of admissions. See Nebraska Statutes 77-2701.16
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • In this state or within the state means within the exterior limits of the State of Nebraska and: includes all the territory within these limits owned by or ceded to the United States of America. See Nebraska Statutes 77-2701.17
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intangible property: means all personal property which is not tangible personal property and includes, but is not limited to, patents, copyrights, trademarks, trade names, service names, franchises, licenses, royalties, processes, techniques, formulas, and technical know-how but excludes money. See Nebraska Statutes 77-2734.04
  • Inter vivos: Transfer of property from one living person to another living person.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: includes agreements covering motor vehicles and trailers where the amount of consideration may be increased or decreased by reference to the amount realized upon sale or disposition of the property as defined for federal income tax purposes. See Nebraska Statutes 77-2701.18
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lease or rental: means any transfer of possession or control of tangible personal property for a fixed or indeterminate term for consideration. See Nebraska Statutes 77-2701.18
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: means any extension of credit resulting from direct negotiations between the taxpayer and its customer or the purchase, in whole or in part, of an extension of credit from another person. See Nebraska Statutes 77-2734.04
  • Loan secured by real property: means a loan or other obligation which, at the time the original loan or obligation was incurred or during the current taxable year, was secured by real property. See Nebraska Statutes 77-2734.04
  • Loan secured by tangible personal property: means a loan or other obligation which, at the time the original loan or obligation was incurred or during the current taxable year, was secured by tangible personal property. See Nebraska Statutes 77-2734.04
  • Loan servicing fee: includes (a) fees or charges for originating and processing loan applications, including, but not limited to, prepaid interest and loan discounts, (b) fees or charges for collecting, tracking, and accounting for loan payments received, and (c) gross receipts from the sale of loan servicing rights. See Nebraska Statutes 77-2734.04
  • Maintenance agreement: means any contract or agreement to provide or pay for the maintenance, repair, or refurbishing of an item, the sale of which is subject to tax under section 77-2703, for a stated period of time or interval of use. See Nebraska Statutes 77-2701.19
  • Maintenance agreement does not: include any contract or agreement subject to the premium tax under Chapter 77, article 9, from a service contract business operating with a certificate of authority from the Department of Insurance. See Nebraska Statutes 77-2701.19
  • Manufacturing: means an action or series of actions performed upon tangible personal property, either by hand or machine, which results in that tangible personal property being reduced or transformed into a different state, quality, form, property, or thing. See Nebraska Statutes 77-2701.46
  • Manufacturing machinery and equipment: means any machinery or equipment purchased, leased, or rented by a person engaged in the business of manufacturing for use in manufacturing, including, but not limited to:

    (a) Machinery or equipment for use in manufacturing to produce, fabricate, assemble, process, finish, refine, or package tangible personal property. See Nebraska Statutes 77-2701.47

  • Member states: means any and all states that have been approved initially or later admitted by the governing board for participation in the streamlined sales and use tax agreement. See Nebraska Statutes 77-2701.20
  • Month: shall mean calendar month. See Nebraska Statutes 49-801
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • multivendor marketplace platform that acts as an intermediary by facilitating sales between a seller and the purchaser of property subject to sales or use taxes in this state: shall be deemed to be engaged in business in this state if:

    (a) The multivendor marketplace platform made or facilitated total retail sales of property in this state that exceeded one hundred thousand dollars in the previous or current calendar year. See Nebraska Statutes 77-2701.13

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • One non-itemized price does not: include a price that is separately identified by product on binding sales or other supporting sales-related documentation made available to the customer in paper or electronic form, including, but not limited to, an invoice, bill of sale, receipt, contract, service agreement, lease agreement, periodic notice of rates and services, rate card, or price list. See Nebraska Statutes 77-2701.48
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Participation: means an extension of credit in which an undivided ownership interest is held on a pro rata basis in a single loan or pool of loans and related collateral. See Nebraska Statutes 77-2734.04
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Person: means any individual, firm, partnership, limited liability company, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, cooperative, assignee, or other group or combination acting as a unit. See Nebraska Statutes 77-2701.25
  • 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
  • Personal property: All property that is not real property.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Predecessor or successor corporation: means a corporation that was a party to a reorganization that was entirely or substantially tax free and that occurred during or after the employment of the individual making an election under section 77-2715. See Nebraska Statutes 77-2715.08
  • Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
  • Product-based exemption: means an exemption based on the description of the product that is the subject of the transaction and not based on the identity of the person purchasing or selling the product or the ultimate use of the product. See Nebraska Statutes 77-2701.26
  • Property: means all tangible and intangible property that is subject to tax under subsection (1) of section 77-2703 and all rights, licenses, and franchises that are subject to tax under such subsection. See Nebraska Statutes 77-2701.27
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchase: means any transfer of title or possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means, of property for a consideration, including a transfer of the possession of property in which the seller retains the title as security for the payment of the price and a transfer for a consideration of property which has been produced, fabricated, or printed to the special order of the customer. See Nebraska Statutes 77-2701.28
  • Purchaser: means a person to whom a sale of personal property is made or to whom a service is furnished. See Nebraska Statutes 77-2701.30
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Retail sale or sale at retail: means any sale, lease, or rental for any purpose other than for resale, sublease, or subrent. See Nebraska Statutes 77-2701.31
  • Retailer: means any seller. See Nebraska Statutes 77-2701.32
  • Sale: means any transfer of title or possession or segregation in contemplation of transfer of title or possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means, of property for a consideration or the provision of service for a consideration. See Nebraska Statutes 77-2701.33
  • Sale for resale: means a sale of property or provision of a service to any purchaser who is purchasing such property or service for the purpose of reselling it in the normal course of his or her business, either in the form or condition in which it is purchased or as an attachment to or integral part of other property or service. See Nebraska Statutes 77-2701.34
  • Sales: means all gross receipts of the taxpayer, except:

    (a) Income from discharge of indebtedness. See Nebraska Statutes 77-2734.04

  • Seller: includes every person engaged in the business of selling, leasing, or renting property of a kind the gross receipts from the retail sale, lease, or rental of which are required to be included in the measure of the sales tax. See Nebraska Statutes 77-2701.36
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Single economic unit: means a business in which there is a sharing or exchange of value between the parts of the unit. See Nebraska Statutes 77-2734.04
  • Single economic unit means a business in which there: is a sharing or exchange of value between the parts of the unit. See Nebraska Statutes 77-2734.04
  • 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
  • State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country or political subdivision thereof. See Nebraska Statutes 77-2734.04
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Storage: includes any retention in this state for any purposes except sale in the regular course of business or subsequent use solely outside this state of property purchased from a retailer, other than property which will enter into or become an ingredient or component part of property manufactured, processed, or fabricated for ultimate sale at retail. See Nebraska Statutes 77-2701.37
  • Streamlined sales and use tax agreement: means the streamlined sales and use tax agreement approved by the implementing states on November 12, 2002, including amendments ratified by the Legislature pursuant to section 77-2712. See Nebraska Statutes 77-2701.38
  • Subject to the Internal Revenue Code: means a corporation that meets the requirements of section 243 of the Internal Revenue Code in order for its distributions to qualify for the dividends-received deduction. See Nebraska Statutes 77-2734.04
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Sworn: shall include affirmed in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
  • Tangible personal property: means personal property which may be seen, weighed, measured, felt, or touched or which is in any other manner perceptible to the senses. See Nebraska Statutes 77-2701.39
  • Tax Commissioner: means the Tax Commissioner of the State of Nebraska. See Nebraska Statutes 77-2701.40
  • Taxable income: means federal taxable income as adjusted and, if appropriate, as apportioned. See Nebraska Statutes 77-2734.04
  • Taxable property: shall mean any real or tangible personal property subject to tax pursuant to law and not exempt from tax. See Nebraska Statutes 77-121
  • Taxable year: means the period the corporate taxpayer used on its federal income tax return. See Nebraska Statutes 77-2734.04
  • Taxpayer: means any person subject to a tax imposed by sections 77-2701 to 77-2713. See Nebraska Statutes 77-2701.41
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unitary business: means a business that is conducted as a single economic unit by one or more corporations with common ownership and shall include all activities in different lines of business that contribute to the single economic unit. See Nebraska Statutes 77-2734.04
  • Unitary business means a business that is conducted as a single economic unit by one or more corporations with common ownership and shall: include all activities in different lines of business that contribute to the single economic unit. See Nebraska Statutes 77-2734.04
  • Unitary group: means the group of corporations that are conducting a unitary business. See Nebraska Statutes 77-2734.04
  • United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
  • United States shall: include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
  • Use: means the exercise of any right or power over property incident to the ownership or possession of that property, except that use does not include the sale of that property in the regular course of business or the exercise of any right or power over property which will enter into or become an ingredient or component part of property manufactured, processed, or fabricated for ultimate sale at retail. See Nebraska Statutes 77-2701.42
  • Use-based exemption: means an exemption based on a specified use of the product by the purchaser. See Nebraska Statutes 77-2701.43
  • Violate: shall include failure to comply with. See Nebraska Statutes 49-801
  • Year: shall mean calendar year. See Nebraska Statutes 49-801