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Nebraska Business Taxes

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General for All Businesses

Sales and Use Tax

Purchasing an Existing Business

Contractors

Withholding Tax

Corporate and Fiduciary Income Tax

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General Questions for All Businesses

How do I register my business and obtain a Nebraska identification number? I have tax questions. Who can help me?
Do I need to file a return if there is nothing to report for the tax period? How do I report a change of address to the Department of Revenue?
What are the due dates of the various business tax returns? Can I request a payment plan for the amount I owe?
What is the interest rate assessed on state taxes? What do I do if I am filing a tax return or being audited and my records have been destroyed by natural disaster (tornado, flood, etc.)?

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Sales and Use Tax Questions

General

What is the Nebraska sales tax rate?  Is there county or city sales tax in Nebraska
Which counties impose a county sales tax? If I purchase a taxable item or service in a city that is located in a county that imposes a county sales tax, do I pay the state tax, city tax, and county tax, too?
How do I get a refund of sales tax paid in error? Are federal 501(c) nonprofit corporations exempt from sales tax?
How do I know the correct rate of sales tax to charge? Are labor charges taxable?
Are delivery, freight, postage, shipping, handling, and other service charges for transportation of the item purchased taxable? Are computer consulting services taxable?
Are sales made over the Internet taxable? Are charges for Web pages taxable?
Is food taxable? What machinery or equipment qualifies for the agricultural machinery and equipment sales tax exemption?
How do I get a refund if I paid sales tax on agricultural machinery or equipment that qualifies for the exemption? Are sales of services between related entities subject to tax?
What services are taxed? Are enzymes and other items used in the production of ethanol exempt from tax as ingredient and component parts of the ethanol or of distiller grains, a sub-product of the ethanol process?
Are parts and labor supplied in an “after-warranty” or “goodwill” repair subject to tax? What are the sales and use tax obligations of motor vehicle dealers related to vehicles furnished free-of-charge to educational institutions?
Are “fuel surcharges” taxable?  

Sales Tax Returns

When will I receive my sales tax return? What is the penalty for filing the sales tax return late?
Do I need to file a sales tax return if I have nothing to report for the tax period? Can I file one sales tax return for all my retail locations?

Consumer's Use Tax

What is consumer's use tax? How do I report and pay consumer's use tax?

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Purchasing an Existing Business

Should I contact the Department of Revenue if I am considering the purchase of an existing business? Can I be held liable for any unpaid taxes of the seller?
How can I protect myself from being held responsible for unpaid state taxes of the business I am purchasing?

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Contractors

“Contractor Labor” is no longer taxable as of October 1, 2007; however, are there other types of labor or services that remain taxable? I am a prime contractor and have hired a subcontractor to perform part of a remodeling contract. May I purchase the subcontractor's labor tax-free by issuing him or her a Nebraska Resale or Exempt Sale Certificate, Form 13?
Is a cost-plus contract with a guaranteed maximum considered a fixed-price contract? I am an accrual-basis contractor. I have recorded sales of contractor labor before October 1, 2007, but will receive payment for such labor after October 1, 2007. How do I report the sales tax on my contractor labor charges?
As an accrual-basis contractor, must I wait until payment is received before sales tax is remitted on my contractor labor charges? Are labor charges to repair or replace structures such as fences, sidewalks, and driveways taxable?
I have been hired to landscape a customer's property. On what labor must I collect tax? I have been hired to put in a retaining wall, edging, and dirt to change the slope of the yard.   On what labor must I collect tax?
I am a subcontractor and have been hired to install plumbing for a remodeling project. The project owner is an entity which is exempt from sales tax. Do I need to collect tax on any of my charges to the general contractor? If a building is torn down and replaced, is the labor taxable?
I am a plumbing contractor and provide drain cleaning services for my customers. Do I need a sales tax permit and must I charge sales tax on the drain cleaning service? I am a contractor who has been hired to complete a construction project for an entity which is exempt from sales and use tax. In the performance of this project, can I purchase building cleaning services, security services, and pest control services tax-free?
Is the charge to winterize underground sprinklers taxable? Since I'm using my shed to store my motorcycle, can I purchase the contractor labor to repair the concrete floor tax-free?
How do I know which option a contractor has selected? How do I change my contractor option?
I am an Option 1 subcontractor and have been hired by the general contractor to complete part of a construction project. Do I need to collect tax on any of my charges to the general contractor? I am an Option 1 contractor and have been hired by the project owner to build a new detached garage. Do I charge sales tax when I bill my customer for the materials and labor?
I am an Option 2 or Option 3 contractor.  Do I still use the contractor labor percentages to calculate the sales tax I must collect from customers? Are pest control services purchased by a contractor and performed at a construction site subject to tax?
Is construction site clean-up subject to tax? Are charges to clean a furnace, air conditioner, heat pump, duct work, or drains taxable?
What happens when a contractor responds to a service call to repair a furnace blower and takes a few minutes to change out the furnace filter? I install a built-in dishwasher for my customer. Is the installation charge subject to sales tax as taxable installation labor?
Do security services include the installation of the security system wires and monitoring equipment? Is a business which provides security services required to collect sales tax on the charge to repair the security system?

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Withholding Tax

Questions (and Answers) About the New 3% (1½% as of April 17, 2008) Withholding Procedures

If I have employees, who do I need to contact? If I have employees, how do I file state withholding?
What are the state income tax withholding rates to use? What state form is equivalent to the Federal Form W-4?
What do I do if one of my employees wants additional state tax withheld? How does an employer submit a Form 1099-MISC and other 1099 forms to the state?
If I am an employer located in another state, but have employees in Nebraska from time to time, are their wages subject to Nebraska withholding when they are working in Nebraska?

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Corporate and Fiduciary Income Tax

Is my business subject to Nebraska corporation income tax? What is the filing requirement for a group of corporations?
What if I operate as an LLC (Limited Liability Company)? How does a multistate business apportion its income?
What are the Nebraska net operating loss and capital loss provisions? How do I report changes due to federal amended returns and audits?
How can I request an extension of time for filing my Nebraska corporation income tax return? What U.S. Government obligations are exempt from tax for state purposes, and how do I show these on my tax return?
What is the penalty for filing the corporate income tax return late or without full payment? What is the due date of the corporate income tax return?
What interest rate is assessed on state income taxes? What are the Nebraska corporation income tax rates?
What are the current year fiduciary income tax rates? How do I calculate credit for tax paid to another state?

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Further Questions?
Contact Nebraska Taxpayer Assistance
at 1-800-742-7474 (NE & IA) or 1-402-471-5729

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General Questions for All Businesses

How do I register my business and obtain a Nebraska state identification number?

The Nebraska Tax Application, Form 20, allows you to register for any or all of the following tax programs:

Sales Tax, Consumer's Use Tax, Income Tax Withholding, Corporate Income Tax, Partnership Income Tax, Fiduciary Income Tax, Financial Institution Tax, Tire Fee, Lodging Tax, Litter Fee, Severance and Conservation Tax, Wholesale Cigarette Dealers Tax, License to Transport Unstamped Cigarettes, Tobacco Products Tax.

You may also need to contact:

Nebraska Department of Labor (Unemployment Compensation): 1-402-471-9000
Nebraska Worker's Compensation Court: 1-800-599-5155 or 1-402-471-6468
Secretary of State: 1-402-2554 or Corporate Division: 1-402-471-4079
Internal Revenue Service: 1-800-829-1040

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I have tax questions. Who can help me?

The Department of Revenue has six Taxpayer Assistance offices. The hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. You can contact us by e-mail, telephone, or mail.

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Do I need to file a return if there is nothing to report for the tax period?

Yes, a "zero" return is required to be filed by the due date, even if there is no tax information to report or tax to be remitted.

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How do I report a change of address to the Department of Revenue?

To change an address for a business account, mark through the incorrect information and write clearly the new address directly on the tax return; or you can file a Nebraska Change Request, Form 22.

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What are the due dates of tax returns?

Tax Calendar

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Can I request a payment plan for the amount I owe?

The Department will consider setting up a payment plan for you if your financial situation does not allow you the ability to pay your balance in full. The Department offers an automatic withdrawal plan from either your checking or savings account. If you need to request a payment plan, contact the Department of Revenue office nearest you, or call Taxpayer Assistance at 1-800-742-7474 (NE & IA) or 1-402-471-5729, and speak with a representative who will explain the payment agreement procedure.

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What is the interest rate assessed on state taxes?

The rate of interest on delinquent payments of any taxes or special assessments is:

14% through December 31, 1992
7% January 1, 1993 through December 31, 1994
9% January 1, 1995 through December 31, 2002
6% January 1, 2003 through December 31, 2006
8% January 1, 2007 to present.

See Revenue Ruling 99-06-1.

What do I do if I am filing a tax return or being audited and my records have been destroyed by natural disaster (tornado, flood, etc.)?

The Nebraska Department of Revenue will be reasonable and work with you if your records have been destroyed by natural disaster. This does not, however, exclude you from filing returns or reports or from being audited.

Every effort should be made to find lost records, or partial records that may have "survived" a disaster. If partial records are recovered, they are the best place to begin a reconstruction.

A reconstruction of records is best approached in reverse order. In other words, begin with the end of the year and work backward. The following steps may be helpful in the reconstruction process:

  1. Determine exactly what has been lost.
  2. Determine if you lost the only copy of an item.
  3. For those items where you lost the only copy, rank the relative importance of the lost items, starting with those of highest importance.
  4. Make a list of the items you determine warrant the time and expense of reconstruction.
  5. Determine if there is a state, federal, or other agency from which you can request a copy of a lost report. For instance, you can request either a transcript of a filed return or a photocopy of a filed return from the Nebraska Department of Revenue. Either can be certified as an actual copy and can take the place of your copy of a lost return. Transcripts are available at no cost by filing a Nebraska Tax Return Copy Request, Form 23.
  6. For items of public record, contact your local courthouse for a copy.

For bank records, contact your bank. It could be expensive to get copies of canceled checks, but they are available.

In order to continue the filing or audit process, there are options available:

Nebraska Revised Statute Section 77-27, 115 provides penalties for willful failure to file or to maintain records. Penalty may be abated if the lack of records was due to a natural disaster or other casualty.

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Sales and Use Tax Questions

What are the sales and use tax rates in Nebraska? Is there county or city sales tax in Nebraska?

The Nebraska state sales and use tax rate is 5.5%. In addition, local sales and use taxes can be set at 0.5%, 1%, or 1.5%. The chart below lists all local jurisdictions imposing a local option sales and use tax.

Notification to Permitholders of Changes in Local Option Sales and Use Tax Rates (updated 9/2/2008)

Effective January 1, 2009, the cities of DeWeese (173-144), Pender (174-385), and St. Edward (175-452) will each implement a new city sales and use tax rate of one percent (1.0%).

These cities have complied with the notification requirements established under the Local Option Sales and Use Tax Regulations. The Department has sent written acknowledgments to the city clerks acknowledging compliance with these requirements and the effective date of the tax.

Notification to Permitholders of Changes in Local Option Sales and Use Tax Rates (updated 6/9/2008)

Effective October 1, 2008, the cities of Aurora (170-026) and Oconto (172-360) each implemented a new city sales and use tax rate of one percent (1.0%) and the city of Exeter (171-178) implemented a new city sales and use tax rate of one and one-half percent (1.5%).

Also effective October 1, 2008, the city of Louisville (107-293) increased its city sales and use tax from one percent (1.0%) to one and one-half percent (1.5%).

Current Local Option Sales and Use Tax Rates
Effective October 1, 2008
New Local Option Sales and Use Tax Rates
Effective January 1, 2009

MUNICIPAL BOUNDARY CHANGES (updated June 10, 2008)

Information on the Dakota County Sales and Use Tax
Effective Date January 1, 2005
Notice to Sales and Use Tax Permitholders - (updated 9/2008)

Which counties impose a county sales tax?

Effective January 1, 2005, Dakota County is the only county that has imposed a county sales tax. The county tax rate is 0.5%, for a total state and county sales tax rate of 6.0%. See the next question for additional information.

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If I purchase a taxable item or service in a city that is located in a county that imposes a county sales tax, do I pay the state tax, city tax, AND county tax, too?

No, the county tax is only imposed on taxable sales within the boundaries of the county, but outside the city boundaries of any city that imposes a city sales tax. Sales made in a city that is located in a county that has a county sales tax will be subject to the state rate and the city rate only. Sales made within a county that imposes a county sales tax, but outside any city limits of a city that imposes a city sales tax, will be subject to the state rate and the county rate only.

For example, a taxable purchase made in Dakota City (which does not impose a local option sales tax) is subject to the state sales tax rate of 5.5%, plus the county sales tax rate of 0.5%, for a total sales tax rate of 6.0%.

A taxable purchase made in South Sioux City (one of the two cities within Dakota County imposing a local option sales tax) is subject to the state sales tax rate of 5.5%, plus the city sales tax rate for South Sioux City of 1.5%, for a total sales tax rate of 7.0%. No county sales tax is due on sales made in South Sioux City.

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How do I get a refund of sales tax paid in error?

You may request a refund by submitting a Claim for Overpayment of Sales and Use Tax, Form 7, or Form 7AG-1 (for certain agricultural equipment) to the Department of Revenue.

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Are federal 501(c) nonprofit organizations exempt from sales tax?

The 501(c) federal status (exemption from  federal income tax) does not automatically mean the nonprofit organization is exempt from Nebraska sales tax. Very few nonprofit organizations actually qualify for the sales and use tax exemption. Sales Tax Regulations 1-012 and 1-090 identify who is exempt in this state. Also refer to the department's information guide, Nebraska Taxation of Nonprofit Organizations.

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How do I know the correct rate of sales tax to charge?

The point of delivery determines the location of the sale. The sales tax rate is calculated at the rate in effect at that location. Deliveries into a Nebraska city that imposes a local option sales tax are taxed at the state rate (5.5%), plus the applicable local rate. Deliveries into another state are not subject to Nebraska sales tax.

Services are generally taxed at the location where the service is provided to the customer. Utility services are taxed where the meter is located. Refer to Sales Tax Regulation 1-006, and Local Option Sales and Use Tax Regulation 9-007.

To find the rate for a specific location for a sale made today, click here.

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Are labor charges taxable?

Charges for production, assembly, repair, and installation labor are taxable when the property being produced, assembled, repaired, or installed is taxable. Most contractor labor charges, including the installation of telephone, telegraph, cable TV, and mobile communication services are subject to tax. See Sales and Use Tax Regulations 1-017, 1-065, 1-081, and 1-082.

For labor charges to repair agricultural equipment, please see our information guides "Agricultural Machinery & Equipment" and "Well Drilling and Irrigation Industry."

For taxability of labor by contractors, go to "Information for Contractors."

Labor charges performed on motor vehicles are taxable as detailed below:

Labor charges to install new or upgraded component parts or accessories are taxable. See our notice titled "If you install or apply tangible personal property."

Labor charges to paint a motor vehicle are taxable. See our notice titled "If you are engaged in motor vehicle painting."

Labor charges to repair or replace a used, worn, or damaged part or accessory are not taxable. See our notice titled "If you provide repair or maintenance services to tangible personal property."

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Are delivery, freight, postage, shipping, handling, and other service charges for transportation of the item purchased taxable?

These charges are taxable whenever the item is taxable and the charges for such items are paid to the retailer of the item (Regulations 1-026 and 1-079).

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Are computer consulting services taxable?

Charges for services by a consultant that result in a transfer of software, whether canned or custom, are subject to tax. This includes programming, program development, systems analysis, software customization and modification and upgrading of programs. Charges for installation and training associated with the sale of computer software are taxable beginning October 1, 2002. Separately stated charges for telephone support services are not taxable. (See Sales and Use Tax Regulation 1-088)

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Are sales made over the Internet taxable?

Yes. Purchases made from retailers via the Internet are taxed in the same manner as purchases made from other retailers, including those from mail-order catalogs. If the seller is licensed to collect Nebraska sales tax, then the customer pays the tax to the seller. If the seller is not licensed to collect Nebraska tax or fails to collect the tax, then the customer becomes personally liable for the tax and must pay it directly to the Department of Revenue as consumer's use tax. Forms are available on our Web site for remitting consumer's use tax.

If you are a seller via the Internet, click here for more information.

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Are charges for Web pages taxable?

Charges for the creation and maintenance of an electronic advertisement which is placed on the Internet or other on-line service are not taxable provided the program is not transferred to the customer. Charges related to the access of the Internet, such as hosting services, are not taxable provided the customer receives no software.

If the Web page program or other software is transferred to the customer for its own use, or if a license is granted to the customer to use these programs, the charge for such programs is taxable.

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Is food taxable?

Prepared foods such as restaurant meals, hamburgers, fountain drinks, and ice cream sundaes are taxable. Food sales in vending machines, by concessionaires, and by caterers for immediate consumption are taxable. Sales tax regulations 1-083 (food services), 1-041 (concession sales), and 1-087 (food for human consumption), explain when a retailer should collect sales tax.

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What machinery or equipment qualifies for the agricultural machinery and equipment sales tax exemption?

Depreciable agricultural machinery and equipment purchased for use in commercial agriculture is exempt from sales and use tax provided the purchaser completes and gives to the seller a Nebraska Resale or Exempt Sale Certificate, Form 13, Section B

Machinery or equipment that is used directly in planting, tilling, harvesting, haying, fertilizing, or irrigating crops, and equipment used in raising or feeding livestock may qualify for the exemption. Refer to the department's information guide, Agricultural Machinery and Equipment.

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How do I get a refund if I paid sales tax on agricultural machinery or equipment that qualifies for the exemption?

The purchaser must complete and file a Nebraska Sales and Use Tax Refund Claim for Agricultural Machinery and Equipment Purchases or Leases, Form 7AG-1, within three years from the date of the purchase or the lease payment.

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Are sales of services between related entities subject to tax?

Intercompany sales of services (companies that have at least 50% common ownership) are exempt from sales and use tax as occasional sales. (See Sales and Use Tax Regulation 1-022)

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What services are taxed?

Several enumerated services and labor charges are taxed. See information guide "Nebraska and Local Sales Tax."

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Are enzymes and other items used in the production of ethanol exempt from tax as ingredient and component parts of the ethanol or of distiller grains, a sub-product of the ethanol process?

Enzymes and certain other items used in the production of ethanol do not become ingredient and component parts of the finished ethanol product. The enzymes are consumed in the ethanol production process and do not pass through the physical distillation which generates the ethanol. In addition, the enzyme products similarly are not present in the distiller grains, a sub-product of the process.

Therefore, the purchase and use of the following items are taxable. Such items do not become ingredient and component parts of the finished ethanol product or distiller grains.

Yeast, Anhydrous Ammonia, Sulfuric Acid, Caustic Soda, Sodium Busulfate, Urea, Lactoside 247, Anibiotics, or MAP (monoammonium phosphate)

If you have any questions regarding the taxability of these items or other items used in the ethanol production process, please contact the Department.

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Are parts and labor supplied in an “after-warranty” or “goodwill” repair subject to tax?

When a manufacturer agrees to replace or repair an item after the time period for coverage under a warranty has expired as a “goodwill” or “after-warranty” repair, the transaction is separate from the original warranty.   Any charges to the manufacturer for parts and labor provided with such repairs, except for labor related to the repair of a motor vehicle, are subject to tax.

The exemption provided in Regulation 1-074.02 applies only to parts furnished under a specific warranty, the gross receipts of which were subject to tax. When the repair is performed outside the warranty period any charge made to the manufacturer for the repair parts and labor is subject to tax.

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What are the sales and use tax obligations of motor vehicle dealers related to vehicles furnished free-of-charge to educational institutions?

The motor vehicle dealer is responsible for remitting consumer's use tax based on the cost of the vehicle. Nebraska Sales and Use Tax Regulation 1-021 provides the method for calculating the tax due.

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Are “fuel surcharges” taxable?

Due to the current high cost of fuel, many retailers are passing this cost on to their customers by including a separate line item on the invoice instead of including it in the price of the goods or services.  Retailers are calling it a “fuel surcharge” or some similar description.

Taxable Fuel Surcharges: Retailers of taxable goods and services, who add fuel surcharges to the customer’s invoice, must charge sales tax on this additional charge.  Fuel surcharges are considered to be part of the delivery charge or the cost of doing business.  Fuel surcharges are taxable regardless of whether they are billed based on the distance traveled, as a percentage of the sale, or at a flat rate.

Non-taxable Fuel Surcharges: If the goods or services are exempt from tax, then the fuel surcharge is not taxable.

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When will I receive my sales tax return?

Sales tax returns are initially mailed out after the state identification number is assigned. Thereafter, returns are usually mailed around the 10th of the month following the tax period.

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What is the penalty for filing the sales tax return late?

The penalty is $25.00, or 10% of the tax, whichever is greater.

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Do I need to file a sales tax return if I have nothing to report for the tax period?

Yes, a "zero" return must be filed by the due date, even if there is no tax information to report or tax to be remitted. The taxpayer should indicate on the return that there were no taxable sales or purchases for the tax period.

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Can I file one sales tax return for all my retail locations?

Any retailer filing monthly returns and engaged in business at more than one location selling property or providing services subject to sales and use tax may make application to file a combined monthly Nebraska and Local Sales and Use Tax Return, Form 10. Each sales location must hold a sales tax permit, and all licensed locations must be subject to common ownership (the same person or persons own eighty percent of each licensed location). To request permission to file a combined sales and use tax return, file Nebraska Application for Permission to File a Monthly Combined Sales and Use Tax or a Combined Annual Litter Fee Return, Form 11.

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What is consumer's use tax?

Consumer's use tax is a complement to the Nebraska sales tax. It is imposed on the storage, use, distribution, or consumption of tangible personal property and certain services purchased by the end user when Nebraska sales tax has not been paid. An example is a delivery into Nebraska from an out-of-state seller. See Sales and Use Tax Regulation 1-002 for additional information.

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How do I report and pay consumer's use tax?

Business consumer's use tax is reported by licensed retailers on the Nebraska and Local Sales and Use Tax Return, Form 10. If the business is not a retailer, consumer's use tax is reported on the Nebraska and Local Consumer's Use Tax Return, Form 2. Individual consumer's use tax is reported on the Nebraska and Local Individual Consumer's Use Tax Return, Form 3.

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Purchasing an Existing Business

Should I contact the Department of Revenue if I am considering the purchase of an existing business?

Yes. You could unwittingly be buying a debt to the Nebraska Department of Revenue when you purchase an existing business. 

Most purchase contracts include a statement that the seller's business is free and clear of all encumbrances. However, without a certificate from the department stating that all taxes have been paid, the contract alone is not sufficient to protect the buyer from assuming the seller's tax liability. Contacting the department will help protect the purchaser's interests and assist with the purchaser's licensing responsibilities.

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Can I be held liable for any unpaid taxes of the seller?

Yes. Purchasers of a business must withhold sufficient money from the purchase price to ensure that all taxes owed to the department by the previous owner(s) have been paid. Failure to withhold a portion of the purchase price results in the purchaser becoming personally liable as the successor for any sales or use taxes due, or as the transferee for any income taxes due (including employee withholding). See sections 77-2707 and 77-27,110 of the Nebraska Revised Statutes.

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How can I protect myself from being held responsible for unpaid state taxes of the business I am purchasing?

To protect yourself, the purchaser (or seller) may request from the State Tax Commissioner a notification either stating that no tax is due (certificate of clearance) or identifying the amount of taxes owed. If the purchaser makes the request, the purchaser must verify that he or she is purchasing the business by submitting a copy of the contract or other evidence. If the seller requests the certificate or notice and would like the department to send it to the purchaser, he or she must provide the purchaser's address and Nebraska identification number.

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Contractors

"Contractor Labor" is no longer taxable as of October 1, 2007; however, are there other types of labor or services that remain taxable?

Yes, below is a list of taxable services that have been taxable since October 1, 2002:

Bullet Building and cleaning services
Bullet Installation and application labor of tangible personal property
Bullet Pest control services
Bullet Security services
Bullet Computer software training
Bullet Motor vehicle washing and waxing
Bullet Motor vehicle towing
Bullet Motor vehicle painting

The following labor and services have been taxable October 1, 2003:

Bullet Repair and maintenance labor on tangible personal property, excluding motor vehicles
Bullet Animal specialty services
Bullet Detective services
Bullet Services of recreational vehicle parks

Click on each specific item to view the corresponding Informational Notice.

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I am a prime contractor and have hired a subcontractor to perform part of a remodeling contract. May I purchase the subcontractor's labor tax-free by issuing him or her a Nebraska Resale or Exempt Sale Certificate, Form 13?

Beginning October 1, 2007, contractor labor charges are not taxable.  Therefore, contractors will no longer be required to obtain a Nebraska Resale or Exempt Sale Certificate, Form 13, when billing other contractors for contractor labor charges.

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Is a cost-plus contract with a guaranteed maximum considered a fixed-price contract?

No. Cost-plus contracts and cost-plus contracts with a guaranteed maximum price are not fixed-priced contracts for sales and use tax purposes.

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I am an accrual-basis contractor. I have recorded sales of contractor labor before October 1, 2007, but will receive payment for such labor after October 1, 2007. How do I report the sales tax on my contractor labor charges?

If you have consistently reported the tax when you prepared the bill, any bill issued prior to October 1, 2007, is taxable even if you received payment after October 1, 2007. 

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As an accrual-basis contractor, must I wait until payment is received before sales tax is remitted on my contractor labor charges?

No. Accrual-basis contractors must remit sales tax on their contractor labor charges when the customers are billed.  Note, however, that beginning October 1, 2007, contractor labor charges are not taxable.

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Are labor charges to repair or replace structures such as fences, sidewalks, and driveways taxable?

No. Effective October 1, 2007, contractor labor charges are not taxable.

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I have been hired to landscape a customer's property. On what labor must I collect tax?

Labor to install live plants is taxable.  You must collect sales tax on the total amount charged for the plants, mulch put down in conjunction with the plants, and the labor charge to install the plants regardless of your contractor option. 

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I have been hired to put in a retaining wall, edging, and dirt to change the slope of the yard.  On what labor must I collect tax?

If the work to put in the retaining wall, edging, and dirt is performed by an Option 1 contractor, the Option 1 contractor must collect sales tax on the total amount charged for the retaining wall, edging, dirt, and labor charge unless the labor charge is separately stated.(An Option 1 contractor does not charge tax on separately stated labor charges.)

If the work to put in the retaining wall, edging, and dirt is performed by an Option 2 or Option 3 contractor, the charge for the building materials and labor is not taxable.  Option 2 and Option 3 contractors will not collect any tax on the amount charged for the building materials and their labor.  Option 2 and Option 3 contractors must pay or remit tax on their purchase of the building materials.

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I am a subcontractor and have been hired to install plumbing for a remodeling project. The project owner is an entity which is exempt from sales tax. Do I need to collect tax on any of my charges to the general contractor?

Since the project is completed for an exempt entity, you will not collect sales tax on any amounts billed to the general contractor, provided the general contractor issues to you a properly completed Purchasing Agent Appointment, Form 17. Form 17 must be completed prior to the start of your portion of the project. 

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If a building is torn down and replaced, is the labor taxable?

No. The labor charge to tear down the building is not taxable.  If a new building is built by an Option 2 or Option 3 contractor the amount charged to the project owner is not taxable.  If the new building is built by an Option 1 contractor, tax will only be collected on the total amount charged for the annexed building materials, provided the labor charge is separately stated.  If not separately stated, then the entire amount charged by the Option 1 contractor is taxable. 

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I am a plumbing contractor and provide drain cleaning services for my customers. Do I need a sales tax permit and must I charge sales tax on the drain cleaning service?

When performing building cleaning services such as drain cleaning, you are a retailer and must collect sales tax on the total amount charged for such services. As a retailer, you must hold a sales tax permit. A sales tax permit may be obtained by filing a Nebraska Tax Application, Form 20.

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I am a contractor who has been hired to complete a construction project for an entity which is exempt from sales and use tax. In the performance of this project, can I purchase building cleaning services, security services, and pest control services tax-free?

No. A contractor's purchases of such services are taxable, even when engaged in a construction project for an exempt entity. 

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Is the charge to winterize underground sprinklers taxable?

No. Charges for services such as the blowout and draining of the underground pipes and sprinkler heads are not taxable.

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Since I'm using my shed to store my motorcycle, can I purchase the contractor labor to repair the concrete floor tax-free?

If the repair is completed by an Option 1 contractor, the labor charge is not taxable provided it is separately stated.  If the labor charge is not separately stated, then the total amount  charged is taxable. 

If the repair is completed by an Option 2 or Option 3 contractor, the amount charged for repairing the floor is not taxable.

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How do I know which option a contractor has selected?

Ask the contractor or contact the Department of Revenue at 1-800-742-7474 (toll free in Nebraska and Iowa) or 1-402-471-5729 if calling from outside Nebraska or Iowa. The department will be able to tell you which option the contractor has selected. If an option has not been selected, the contractor is deemed, by law, to be an Option 1 contractor.

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How do I change my contractor option?

Contractors may change their option by filing a Nebraska Sales and Use Tax Election, Form 16.

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I am an Option 1 subcontractor and have been hired by the general contractor to complete part of a construction project. Do I need to collect tax on any of my charges to the general contractor?

Yes. You are required to collect sales tax on the total amount charged for the building materials.  The charge for your contractor labor is not taxable provided it is separately stated

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I am an Option 1 contractor and have been hired by the project owner to build a new detached garage. Do I charge sales tax when I bill my customer for the materials and labor?

Yes. As an Option 1 contractor you must collect sales tax on the total amount charged for the building materials and labor unless you separately state the labor charge. Separately state labor charges are not taxable.

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I am an Option 2 or Option 3 contractor.  Do I still use the contractor labor percentages to calculate the sales tax I must collect from customers?

No. Beginning October 1, 2007, Option 2 and Option 3 contractor labor charges are no longer taxable.  Option 2 and Option 3 contractors are reminded to update their records and computer software programs to remove the contractor labor percentage calculation since contractor labor charges are no longer taxable.

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Are pest control services purchased by a contractor and performed at a construction site subject to tax?

Yes. Charges for pest control services performed before, during, or after construction are subject to tax. The contractor cannot purchase such services tax-free (for resale) because this service is not considered contractor labor for sales tax purposes. Nor can such services be purchased tax-free under a Purchasing Agent Appointment, Form 17, issued by a governmental unit or exempt entity.

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Is construction site clean-up subject to tax?

Yes. Charges for the clean-up of a building under construction are subject to tax as building cleaning services. Contractors cannot purchase such services tax-free (for resale) from a third party. This service is not considered contractor labor for sales tax purposes. Nor can such services be purchased tax-free under a Purchasing Agent Appointment, Form 17, issued by a governmental unit or exempt entity.

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Are charges to clean a furnace, air conditioner, heat pump, duct work, or drains taxable?

Yes. Building cleaning services includes any work done to clean a fixture that has been annexed to real estate. This includes cleaning a furnace, air conditioner, heat pump, duct work, sewer or drain located in or attached to a building. Such work is not considered contractor labor.

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What happens when a contractor responds to a service call to repair a furnace blower and takes a few minutes to change out the furnace filter?

An Option 1 contractor must collect sales tax on the total amount charged for the furnace filter and parts. Option 2 and Option 3 contractors will pay or remit tax on the furnace filter and repair parts and will not collect any tax on the amount charged to the customer. 

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I install a built-in dishwasher for my customer. Is the installation charge subject to sales tax as taxable installation labor?

No. Since a built-in dishwasher is annexed to real estate, normal installation labor rules do not apply. The person "installing" the dishwasher is a contractor.

If the dishwasher is installed by an Option 1 contractor, the total amount charged for the dishwasher and contractor labor charge to install it is taxable unless the labor charge is separately stated.  Separately stated labor charges are not taxable.

If the dishwasher is installed by an Option 2 or Option 3 contractor, the total amount charged for the dishwasher and the labor charge are not taxable.  The Option 2 or Option 3 contractor must pay or remit tax on its purchase of the unit.   

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Do security services include the installation of the security system wires and monitoring equipment?

No. However, all security system wires and equipment (parts) that are annexed must be taxed based on the installer's contractor option. Charges for contractor labor to install the security system may not be taxable.

If the parts that are installed remain tangible personal property after installation, the total amount charged for the parts and installation labor are taxable.

If the parts become annexed, an Option 1 contractor is required to collect sales tax on the total amount charged for the parts and labor unless the labor charge is separately stated.

If the parts become annexed, an Option 2 or Option 3 contractor will not collect any sales tax on the amount charged for the parts and labor.

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Is a business which provides security services required to collect sales tax on the charge to repair the security system?

Yes. The total amount charged to repair a security system is taxable. The charge is taxable regardless of whether the item repaired is annexed property or tangible personal property.

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Horizontal Rule

Withholding Tax

If I have employees, who do I need to contact?

Nebraska Department of Revenue: 1-800-742-7474 (NE & IA) or 1-402-471-5729

Nebraska Department of Labor (Unemployment Compensation): 1-402-471-9000

Nebraska Worker's Compensation Court: 1-800-599-5155 or 1-402-471-6468

Secretary of State: 1-402-471-2554 or Corporate Division: 1-402-471-4079

Internal Revenue Service: 1-800-829-1040

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If I have employees, how do I file state withholding?

First, you need to apply for a Nebraska withholding number on the Nebraska Tax Application, Form 20, prior to withholding state taxes from your employees. You will be mailed a Nebraska Withholding Certificate with your state identification number on it. 

If you have a payroll service do your payroll, you are still responsible for filing this application before they can start any payroll activity. You should provide them with a copy of the Nebraska Withholding Certificate showing your state identification number and business name. This will allow them to prepare the returns they file for you with the correct Nebraska identification number. They are not authorized to file any returns for a Nebraska employer until they have received a Nebraska withholding identification number.

The Nebraska Circular EN has much more detailed information on Nebraska withholding.

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What are the state income tax withholding rates to use?

The withholding rates, brackets, and withholding allowances have been revised effective January 1, 2008. The new 2008 Circular EN is currently available. Please use the new withholding rates and tables for all payroll and payments beginning January 1, 2008.

Also, please take specific note of the special withholding procedures that are explained in this Notice to Employers (and on the second page of the Circular EN).

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What state form is equivalent to the Federal Form W-4?

Nebraska does not have a state equivalent to this form. Withholding allowances are the same number as the employee claims on his or her Federal Form W-4. The value of the Nebraska allowance is listed in the Nebraska Department of Revenue - Circular EN.

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What do I do if one of my employees wants additional state income tax withheld?

When an employee wants additional state income tax to be withheld, he or she should complete a written statement to the employer requesting the amount to be withheld.

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How does an employer submit a Form 1099-MISC and other 1099 forms to the state?

Nebraska does not require employers to submit Form 1099-MISC or other 1099 forms to the department unless Nebraska state income tax withheld is to be reported. When Nebraska tax is withheld, the 1099 forms are submitted to the department with the Nebraska Reconciliation of Income Tax Withheld, Form W-3N.

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If I am an employer located in another state, but have employees in Nebraska from time to time, are their wages subject to Nebraska withholding when they are working in Nebraska?

Yes. The wages paid to employees for work done in Nebraska is subject to Nebraska withholding. The only exceptions to this rule are wages paid to railroad crews, airline flight crews, and interstate truck drivers.

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Horizontal Rule

Corporate Income Tax

Is my business subject to Nebraska corporation income tax?

Any corporation or other entity taxed as a corporation under the Internal Revenue Code, whether foreign, domestic, or domesticated, shall be subject to the Nebraska income tax; provided such corporate entity is not exempt under the provisions of Public Law 86-272 (15 U.S.C.A. 381-384, 1959), is not a financial institution, and has part of its federal taxable income derived from sources within Nebraska (Neb.Rev.Stat. Sections 77-2734.02, 77-2734.04, and 77-3801).

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What is the filing requirement for a group of corporations?

Corporations operating as a unitary group must file a single combined return to report the income of the entire group. If you operate a multistate corporation or group of corporations, see the question "How does a multistate business apportion its income?" (Neb.Rev.Stat. Sections 77-2734.02, 77-2734.04, and 77-2734.06)

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What if I operated as an LLC (Limited Liability Company)?

Nebraska taxes LLCs in the same way as the Internal Revenue Service. LLCs filing Federal Corporation Income Tax Returns must also file a Nebraska Corporation Income Tax Return, Form 1120N. If, however, the LLC is taxed federally as a partnership, then it will file a Nebraska Partnership Return of Income, Form 1065N.

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How does a multistate business apportion its income?

When a group of corporations conducts a unitary business both within and without Nebraska, it will determine the income of the group attributable to its activities in Nebraska by use of an apportionment formula utilizing the combined income approach. Nebraska uses a single factor, sales-only formula to apportion income (Neb.Rev.Stat. Section 77-2734.05).

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What are the Nebraska net operating loss and capital loss provisions?

Nebraska net operating losses and capital losses may be carried back and forward as follows:

Loss Year

Carryback

Carryforward

1984 through 1986 3 years 15 years
1987 through current 0 years 5 years

For additional information, see Regulation 24-060.

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How do I report changes due to federal amended returns and audits?

Any corporation whose reported amounts of federal taxable income or deductions are changed by the IRS must report the change or correction within 90 days of the determination by filing an Amended Nebraska Corporation Income Tax Return, Form 1120XN.

Any corporation which files an amended return with the IRS must file a Form 1120XN within 90 days of the filing of the amended federal return (Neb.Rev.Stat. Section 77-2775).

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How can I request an extension of time for filing my Nebraska corporation income tax return?

A Nebraska extension of time to file a Form 1120N may only be obtained in the following manner:

File a Nebraska Application for Automatic Extension of Time to File Corporation Income Tax Return, Form 7004N, on or before the due date of the return;

Attach a copy of a timely filed Nebraska Application for Automatic Extension of Time to File Corporation Income Tax Return, Form 7004N, to the Nebraska return when filed;

Attach a copy of the approved federal extension to the Nebraska return when filed; or

If a federal extension has been granted, additional time to file the Nebraska return may be obtained by filing a Form 7004N on or before the date that the federal extension expires. Attach a copy of the Federal Form 7004 or approved federal extensions to the Form 7004N when filed.

When an extension of time to file a Nebraska return is granted, INTEREST is still due on any unpaid tax. An extension of time cannot exceed a total of seven months after the due date of the return. You can make a tentative payment to stop interest from accruing. If such payment is made, Nebraska Application for Automatic Extension of Time to File Corporation Income Tax Return, Form 7004N, must also be filed. When filing your Nebraska Corporation Income Tax Return, Form 1120N, claim the tentative payment on line 21 of Form 1120N (Neb.Rev.Stat. Section 77-2770).

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What U.S. Government obligations are exempt from tax for state purposes, and how do I show these on the tax return?

United States interest and dividend income exempt from state taxation includes:

Series E, F, G, and H savings bonds

U.S. Treasury bills

U.S. Government notes and bonds

U.S. Government certificates

Interest on debentures issued to mortgagees of mortgages foreclosed under provisions of the National Housing Act, if insured after February 3, 1938

Retirement bonds as provided by I.R.C. section 409

Federal Farm Credit Bank Consolidated System-wide bonds

Federal Land Banks and Associations

Federal Intermediate Credit Bank

Commodity Credit Corporation

Federal Farm Mortgage Corporation

Federal Home Loan Banks

Reconstruction Finance Corporation

General Services Administration Participation Certificates

Central Bank for Cooperatives (interest only)

Federal Reserve Banks

Federal Savings and Loan Insurance Corporation

Production Credit Association (interest only)

Tennessee Valley Authority bonds

Postal Service bonds

Federal Deposit Insurance Corporation (interest only)

Student Loan Marketing Association (interest only)

Resolution Trust Corporation

Dividends and other income received from a regulated investment company are exempt to the extent they represent U.S. Government interest and dividend income listed above.

A deduction for U.S. Government interest and dividend income is taken on line 2 of Nebraska Schedule A, Form 1120N. For additional information, see the Nebraska Corporation Income Tax Booklet, and Regulation 24-048.

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What is the penalty for filing the corporate income tax return late or without full payment?

A penalty of 5% per month (up to 25%) may be assessed on any outstanding tax liability.

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What is the due date of the Nebraska corporation income tax return?

The due date for the Nebraska corporation income tax return is the 15th day of the third month following the close of the taxable year (Neb.Rev.Stat. Section 77-2768).

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What are the current year corporate income tax rates?

2005 Nebraska Corporation Income Tax Rates
If taxable income is:
over but not over The Nebraska tax is:
$0 $50,000   5.58% of income
$50,000

--

$2,790 + 7.81% of the excess over $50,000

For a listing of the tax rates in prior years, click here.

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Horizontal Rule

Fiduciary Income Tax

What are the current year fiduciary income tax rates?

2005 Nebraska Tax Rate Schedule for Fiduciary Income Tax
If taxable income is:
over but not over The Nebraska tax is:
$0 $500   2.56% of income
500 4,700 $12.80 + 3.57% of the excess over $500
4,700 15,150 $162.74 + 5.12% of the excess over $4,700
15,150 ----- $697.78 + 6.84% of the excess over $15,150

How do I calculate credit for tax paid to another state on Schedule III?

The credit is the smallest of the computed tax credit, the tax due and paid to the other state, or the Nebraska income tax.

Click here for a 2005 Conversion Chart for Nebraska Fiduciary Schedule III, Form 1041N, Lines 2 and 4.

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Nebraska Department of Economic Development Business Toolkit