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Application Guide:
Nebraska Advantage Rural Development Act

Application limitations:

The Nebraska Advantage Rural Development Act requires that an application be filed for each project. The application date for the project will determine the required level of wages and the base year used for employment and investment calculations. The application date will also determine the project’s priority for authorization of expected benefits. To file an application for the Nebraska Advantage Act, complete the appropriate Application and provide the required attachments.

Establishment of an Application Date:

A Level 1 or Level 2 applicant should complete the L1L2 Application, while a livestock modernization project should complete the LM Application.

To constitute a complete application: all questions and lines on the application must be completed; all applicable worksheets must be completed; and a true copy of the federal return, as defined in Item 7 below, must be attached. Failure to complete all applicable pages or to provide the required attachments will delay the establishment of the application date.  The application date will be determined by the date the last of these items is submitted, as provided in Revenue Ruling 29-03-1.

The certified mailing receipt stamped by the United States Postal Service or a U.S. Postal Service (USPS) postmark will serve as verification of the date mailed and establish the application date. The date the application is received will serve as the application date when an application is mailed other than by certified mail or does not have a USPS postmark. Any applications filed after November 1 will be treated as applications filed on the first business day of the following calendar year. The application shall clearly indicate that it is intended to be an application of the following year and the appropriate base year must be used.

Items of Note:

1. A project may be defined to include: a single entity; more than one entity within the definition of a taxpayer; a single location; or multiple locations. A company may have more than one project at a time as long as the projects are distinct from each other.
    
2. Location of Project:

Livestock modernization project —

A livestock modernization project may be located in any county in Nebraska.

Level 1 or 2 projects, including a livestock production project —

A project may only be located at a site meeting the requirements listed below.  Teleworkers performing activities interdependent with the project may reside in any location which meets the requirements for the selected level.

Eligible Level 1 project locations:

1. A location outside of the following counties is eligible:
   
   Adams, Buffalo, Cass, Dakota, Dawson, Dodge, Douglas, Gage, Hall, Lancaster, Lincoln, Madison, Otoe, Platte, Sarpy, Saunders, Seward, Scotts Bluff and Washington.
    
2. A location within the boundaries of one of the listed villages is eligible, even though the village is in an otherwise ineligible county. Go to “Eligible Villages” for a list of villages in otherwise ineligible counties.
    
3. Eligible Census Tracts in the Omaha metropolitan area per the American Community Survey (ACS) as of December 16, 2011:

2, 3, 4, 5, 6, 7, 8, 11, 12, 16, 18, 19, 20, 21, 23, 24, 25, 28, 29, 30, 31, 32, 33, 34.01, 34.02, 35, 36, 37, 38, 39, 40, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 58, 59.01, 59.02, 60, 61.01, 61.02, 62.02, 63.01, 63.02, 68.06, 69.06, 70.01, 70.02, 70.03, 73.04 in Douglas Co. and 101.07, 101.08, 105.01 in Sarpy Co.

To find the census tract for a location, go to the U.S Census Bureau website and enter the address.

Eligible Level 2 project locations:

1. Any location outside of the following counties is eligible:
    
   Adams, Buffalo, Cass, Dodge, Douglas, Hall, Lancaster, Lincoln, Madison, Platte, Sarpy, and Scotts Bluff.
    
2. A location within the boundaries of one of the following cities of second class is eligible, even though the city of second class is in an otherwise ineligible county:
    
   Battle Creek, Bennington, Blue Springs, Doniphan, Gibbon, Gretna, Hickman, Hooper, Humphrey, Louisville, Madison, Minatare, Mitchell, Newman Grove, North Bend, Ravenna, Scribner, Springfield, Terrytown, Tilden, Valley, Waterloo, Waverly, Weeping Water, and Wood River.

3. Any new applicant under the Nebraska Advantage Rural Development Act is required to use E-Verify, a federal electronic verification program, to ensure that Nebraska employees hired after the date of application are legally able to work in Nebraska. An applicant must provide proof that it has registered for E-Verify at the time of application.
    
   Prior to approval of tax incentive benefits, and during subsequent reviews of benefits claimed, the taxpayer must provide proof of employment confirmation. Examples of documents for the taxpayer to retain include, but are not limited to, the following:
   
   
   • Case Verification Number;
   • Copies of the Case Details page which includes the Case Verification Number; and
   • The User Audit Report which provides general data on cases.
   
   Benefits will not be granted unless the applicant can prove that it has electronically verified the work eligibility status of all newly hired employees employed in Nebraska. In addition, all hours worked by, and compensation paid to, any employee who is not eligible to work in Nebraska will be excluded from the calculation of any tax incentive.

4. The Application requires that the amount of expected investment and employment benefits be entered on the form. The expected benefits requested are the maximum amount of benefits that may be received. The project must attain the minimum levels of investment and employment to be eligible for any benefits. If the project does not attain at least 75% of the expected investment, then all investment credits must be repaid. If the project does not attain at least 75% of the employment growth, then all employment credits must be repaid. Please refer to the Calculation Tips when determining the expected benefits.
   
   
5. The qualifying wage rate for new employees is $10.73 wages for all applications filed on November 2, 2009 through November 1, 2010.
   
   
6. Qualifying Business activity:
   
   The explanation of the qualifying business should include enough information to provide a reasonable person a general understanding of the business operations and should identify the specific type of business activity under which the project qualifies.
1. Comparison of Livestock Production and Livestock Modernization.
   
   Livestock Production and Livestock Modernization are similar business activities, but have different project requirements.
   
   
2. Livestock Production involves the operation of real and personal property for the production of livestock useful to people, including breeding and grazing livestock. The project must meet the Level 1 or Level 2 requirements for investment and employment growth at a location in one county meeting the population requirement. Investment may include any improvements to real property and tangible personal property that are depreciable under the Internal Revenue Code except for motor vehicles, planes, or railroad rolling stock.
   
   
3. Livestock modernization is defined as the construction, improvement, or acquisition of depreciable buildings, facilities, or equipment for livestock housing, confinement, feeding, production, and waste management. The project must have a net investment increase of at least $50,000. There is no employment increase required. Equipment does not include breeding stock, motor vehicles, planes, or railroad rolling stock. Livestock modernization or expansion does not include any improvements made to correct a violation of the Environmental Protection Act, the Integrated Solid Waste Management Act, the Livestock Waste Management Act, a rule or regulation adopted and promulgated pursuant to such acts, or any order of the Department of Environmental Quality undertaken within five years after a complaint issued from the Director of Environmental Quality.
7. The application needs to be signed by an authorized person (owner, partner, or corporate officer).
   
   
8. The federal income tax return provided should be a signed copy and should, at a minimum, include copies of the first four pages, consolidating schedules supporting the first four pages, Affiliations Schedule (Form 851), and a copy of each Shareholder's Share of Income, Credits, Deductions, etc. (Schedule K-1).
   
   If the applicant is a sole proprietorship, provide a copy of the individual income tax return including a Profit or Loss from Business, Schedule C, or the Profit or Loss from Farming, Schedule F.
   
   
9. The date of a completed application will be used to determine the priority for the authorization of the project’s expected benefits. There is a total of $4,000,000 available for each calendar year. The application’s authorized benefits will be applied against the fiscal year including the expected end of the application year.
   

If the project’s expected benefits are not authorized because the limit has been previously authorized for other applicants, then the project is not eligible to participate and $400 of the application fee will be refunded. Refer to the Authorization Table for information on the remaining funds available.

If more than one complete application is filed or completed on the day in which the cumulative expected benefits for the year reach the limit in available funds, the remaining funds available will be prorated among the applicants on that day who wish to proceed.

Should you have any questions regarding the preparation of this application, please contact Kate Knapp at 402-471-5773. The application should be sent to the following address:

Tax Incentives
Nebraska Department of Revenue
301 Centennial Mall South
PO Box 94818
Lincoln, NE 68509-4818

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