Nebraska Individual Income Tax

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Frequently Asked Questions

Who is required to file the Individual Income Tax Return? Can I file my individual income tax return electronically?
What are the Nebraska individual income tax rates? How do I get my Nebraska E-File Personal Identification Number (PIN)?
How can I check on the status of my refund? How long should I expect to wait for my income tax refund?
What is the penalty for filing my tax return late or without payment? What if I can't afford to pay what I owe with my return?
How do I know if I have to make individual estimated income tax payments? What interest rate is assessed on state taxes?
Part of my income for the current year filing is from Nebraska, and part is from another state. How do I file? What if I've made an error on my tax return and need to correct it?
Does Nebraska have a standard deduction allowance? I'm a full-year Nebraska resident, but my income is from another state. Do I have to file a Nebraska Individual Income Tax Return?
Does Nebraska allow a child and dependent care credit? Does Nebraska have a personal exemption credit?
How do I get a copy of my W-2? How can I request an extension of time for filing my 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 U.S. obligations are not exempt from tax?
I believe I may need to report a penalty using the Individual Underpayment of Estimated Tax, Form 2210N, but I do not understand the form. What do I do? I am in the military and not a resident of Nebraska, but my spouse lives and works in the state. How do we file our Nebraska return?
I won some money at a casino in another state, and it issued me a Form W-2G. What do I do about these winnings? My address is incorrect on my address label. What should I do?
I see that the Federal Schedule A, Itemized Deductions, allows me to deduct either state income or sales taxes. How do I handle this on the Nebraska return? Does Nebraska have an earned income tax credit?
Does Nebraska have a deduction for the qualified state tuition program under section 529 of the Internal Revenue Code? Can contributions to any Internal Revenue Code section 529 educational student aid program qualify for deduction under the Nebraska College Savings Plan?
What happens if I roll over my Nebraska College Savings Plan account to another section 529 savings plan? Where do I report the deduction for Long-term Care Savings Plan earnings on my 1040N?
What's new for tax year 2007?  

Further Questions?
Contact Nebraska Taxpayer Assistance
at 1-800-742-7474 (toll free in NE and IA) or 1-402-471-5729
Or click here to send your question by e-mail.

Who is required to file the Individual Income Tax Return?

You must file a Form 1040N or 1040NS if you are required to file a federal return and report a federal liability. You also must file if you have $5,000 or more of Nebraska adjustments to federal Adjusted Gross Income (AGI), including non-Nebraska state and local bond interest income exempt from federal tax.

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Can I file my individual income tax return electronically?

Nebraska accepts and encourages electronic filing. Some electronic filing options allow you to file both the federal and state returns in one step. Advantages include computer filing accuracy and much faster refund processing. You can also have your refund directly deposited into your bank account, or if you have a balance due, you can have your payment automatically debited from your bank account. Contact your tax preparation professional for information on your eligibility and how you can participate, or go to our E-File section on this Web site and find out how to file your return over the Internet.

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What are the Nebraska Individual Income Tax Rates?

Nebraska has its own income tax table. Tax rates vary based on filing status. Click on the appropriate year for the rates:

Tax Year 2007

Tax Year 2006

Tax Year 2005

Tax Year 2004

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How do I get my Nebraska E-File Personal Identification Number (PIN)?

Your Nebraska PIN is needed only if you file your Nebraska return through the NebFile system. This PIN, along with your social security number, is your access to NebFile. If you received a Nebraska Individual Income Tax Booklet, your PIN is located under your name and address label attached in the center of the booklet. If you received a postcard, your PIN is printed in the gray box.

If you did not receive a tax booklet or postcard, or have lost it, you can look it up on the Internet by going to www.revenue.ne.gov/nebfile (Step 3 -- you will need to know your social security number and your drivers' license number). You can also contact our Taxpayer Assistance office at 1-800-742-7474 (toll free in Nebraska and Iowa) or 1-402-471-5729. You will need to provide proof of your identity before your PIN can be given to you over the telephone.

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How can I check on the status of my refund?

To check on the status of your current year original return, click here; OR you can call 1-800-742-7474 (toll free in Nebraska and Iowa) or 1-402-471-5729 and select option 1. This phone line may be accessed 7 days a week, 24 hours a day.

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How long should I expect to wait for my income tax refund?

Individuals filing the original current year return should allow three months from the time they file the return for their refund. Electronic filers should allow 14 days for processing a refund warrant, or 7 to 10 business days for a direct deposit.

If you prefer to file using paper forms, your refund will be delayed. Because of budget-related staff reductions, processing of paper-filed returns could be delayed up to three months. If you want your refund faster, you should use one of the electronic filing options, like Federal/State Joint E-filing or NebFile. Another option is to use a paid preparer who supports the Federal/State electronic filing. Click here for more information on electronic filing.

Individuals filing amended returns for a refund should allow from two to six months for their refund checks. 

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What is the penalty for filing my tax return late or without payment?

Late filed return -- 5% per month (25% maximum) of the unpaid tax at due date or extended filing date (extension of time).

Late payment -- 5% of unpaid tax at due date or extended filing date (extension of time).

Partial payment -- 5% of unpaid tax at due date or extended filing date.

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What if I can't afford to pay what I owe with my tax return?

If you are unable to pay the full amount of tax due, you should file your Nebraska income tax return and pay as much as you can by the filing date. Penalties and interest will accrue on any unpaid balance until it is fully paid.

If you are in this situation and have questions about paying your taxes by any of the options below, please contact the Nebraska Department of Revenue office nearest you (just click on "Contact Us" for locations and phone numbers); or call Taxpayer Assistance at 1-800-742-7474 (toll free in Nebraska and Iowa), or 1-402-471-5729 and speak with a representative who will explain the payment options available to you. It is your responsibility to contact the department if you can not pay the tax which is due.

You have three options if you can't pay all your tax when you file your tax return:

You can pay the entire amount over a 90-day period. You do not need to fill out any forms; Just make four equal payments as follows, one payment with your tax return and then make the remaining three payments every 30 days. You will receive an updated balance due statement after each payment indicating the amount remaining to be paid.
  

You can also pay your balance due by credit card. These payments are originated through Official Payments Corporation (OPC). Eligible credit cards include VISA, MasterCard, Discover, and American Express. A convenience fee of 2.49% of the tax payment is charged to the card you use. This fee is paid to OPC and will appear on your credit card statement separately from the tax payment. You will be told what the fee is during the transaction and you have the option of canceling it. You can make your secure credit card payment over the internet at www.officialpayments.com or by telephone at 1-800-272-9829. You will be asked for your jurisdiction code, which is 3700.
  

Payments extending over 90 days can be requested to be made by Electronic Funds Transfer (EFT) To request an installment payment agreement, you must complete Form 27D, Payment and Authorization Agreement. Just click on this form, complete and print it, and mail to the Nebraska Department of Revenue, P.O. Box 94609, Lincoln, NE 68509-4609. The department will respond to you by either accepting or denying this installment payment proposal. These payments will be automatically withdrawn from your bank account as scheduled.

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How do I know if I have to make individual estimated income tax payments?

A Nebraska Individual Estimated Income Tax Payment Voucher, Form 1040N-ES, must be filed by every resident and nonresident of Nebraska if the individual's Nebraska income tax, after allowance of personal exemption credits, can reasonably be expected to exceed withholding and other credits by $300 or more. You do not have to pay estimated tax if you were a U.S. citizen or resident and you had no tax liability for the full 12-month preceding tax year.

The estimated tax may be paid in full with the first payment voucher, which is due on or before April 15, 2008; or in equal installments on April 15, 2008, June 16, 2008, September 15, 2008, and January 15, 2009.

if you are an employee with amounts being withheld from your earnings, you may ask your employer to withhold an additional amount for state taxes rather than making these four estimated income tax payments.

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What interest rate is 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 to December 31, 2006.
8% January 1, 2007 to present.

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Part of my income is from Nebraska, and part is from another state. How do I file?

Residents must report all income to Nebraska, and will receive a credit for taxes paid to other states by completing Form 1040N and Nebraska Schedule II. Nonresidents and partial-year residents must file a Form 1040N and a Nebraska Schedule III to compute the Nebraska tax due.

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What if I've made an error on my tax return and need to correct it?

File an Amended Nebraska Individual Income Tax Return, Form 1040XN, for the appropriate tax year; or request appropriate prior year amended forms. Click here to access the amended forms.

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Does Nebraska have a standard deduction allowance?

Yes. Federal adjusted gross income is reduced by either the allowable state standard deduction or the allowable state itemized deduction amount, whichever is greater. For tax years prior to 2006, special instructions must be followed by higher income taxpayers, as the deductions are phased out for state purposes similar to federal phase-outs.

The state standard deductions are as follows:
2007
Bullet Married, filing joint - $10,700
Bullet Single - $5,350
Bullet Head of household - $7,850
Bullet Married, filing separate - $5,350
2006
Bullet Married, filing joint - $8,580
Bullet Single - $5,130
Bullet Head of household - $7,550
Bullet Married, filing separate - $4,290
2005
If your federal adjusted gross income is greater than $145,950 ($72,475 if married filing separate), a worksheet must be completed. 
Bullet Married, filing joint - $8,320
Bullet Single - $4,980
Bullet Head of household - $7,330
Bullet Married, filing separate - $4,160
2004
If your federal adjusted gross income is greater than $142,700 ($71,350 if married filing separate), a worksheet must be completed. 
Bullet Married, filing joint - $8,140
Bullet Single - $4,850
Bullet Head of household - $7,150
Bullet Married, filing separate - $4,070

Contact one of our Taxpayer Assistance offices for more information. 

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I'm a full-year Nebraska resident, but my income is from another state. Do I have to file a Nebraska Individual Income Tax Return?

You must file a Form 1040N and you will receive credit for taxes paid to the other state by completing a Nebraska Schedule II and attaching a copy of the other state's income tax return. Nebraska income tax is imposed on all income which is earned while a resident of this state and which is not taxed by another state (non-taxing state's income).

To determine the amounts to enter on Nebraska Schedule II, lines 61 and 63, see the 2007 Conversion Chart.

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Does Nebraska allow a child and dependent care credit?

This credit may be claimed only by Nebraska full-year residents or partial-year residents. It cannot be claimed if you filed as a nonresident or if you filed a federal joint return, but a married- separate return for Nebraska. 

For individuals reporting federal adjusted gross income not greater than $22,000, the credit is refundable and is 100% of the federal credit. For individuals reporting federal adjusted gross income over $22,000 but not more than $29,000, the credit is refundable and the amount of the credit ranges from 90% to 30% of the federal credit. The percentage of the federal credit is reduced by 10% for each $1,000 of adjusted gross income over $22,000.

For individuals with adjusted gross income in excess of $29,000, the credit is nonrefundable and is limited to 25% of the federal credit allowed.

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Does Nebraska have a personal exemption credit?

Yes. Residents can claim the year-specific credit for each federal exemption reported on line 4 of Form 1040N or line 5 of Form 1040NS. Nonresidents and partial-year residents claim the credit on the Nebraska Schedule III. In tax years prior to 2006, higher income individuals may have this credit phased out or reduced, so you should refer to the Personal Exemption Table in the appropriate tax year booklet. The personal exemption credits by year are:
Bullet 2007 - $111
2006 - $106
2005 - $103
2004 - $101

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How do I get a copy of my W-2?

If you have not received a Form W-2 from an employer by January 31st, call or write to your employer requesting the form, giving them your current mailing address. Nebraska will accept a photocopy of your W-2 if the original is lost. Your next step would be to call the IRS at 1-800-829-1040 to obtain a substitute Form W-2. Nebraska will accept a copy of the substitute W-2 filed with the IRS. A state amount withheld  and NE (Nebraska) should be written on the form prior to mailing it to the Department of Revenue.

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

If you file a paper Form 1040N or file electronically using commercial software you purchase or access from the Internet, an extension of time to file Form 1040N may only be obtained by:
  1. Attaching a copy of the timely filed Application for Automatic Extension of Time to File U.S. Individual Income Tax Return, Federal Form 4868, to the Nebraska return when filed;
  2. Attaching a schedule to your Nebraska return listing your federal confirmation number and providing an explanation that you received an automatic federal extension by making a payment of your federal estimate of tax due using a credit card;
  3. Filing a Nebraska Application for Extension of Time, Form 4868N, on or before the due date of the return, when you need to make a tentative Nebraska payment or when a federal extension is not being requested;
  4. Attaching a copy of the statement or letter submitted with your federal return requesting the automatic extension of time for a U.S. citizen residing or traveling outside the U.S. or Puerto Rico, to the Nebraska return when filed; or
  5. Attaching information to document a combat zone-related extension.

If you file electronically through an approved tax preparer, you may obtain an automatic extension to file your Nebraska return.

When an extension of time is obtained, 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 Extension of Time, Form 4868N, must also be filed (Form 4868N can not be filed electronically). When filing your Nebraska Individual Income Tax Return, claim the tentative payment on line 30, Form 1040N, as an estimated tax payment.

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

United States interest and dividend income which is 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. For more information, see Individual Income Tax Regulation 22-002.05A.

Allowable adjustments are reported on line 51 of the Nebraska Schedule I.

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What U.S. obligations are not exempt from tax?

Several quasi-governmental organizations issue bonds which are not considered to be backed by the U.S. Government. Interest or dividend income from the following are not deductible for Nebraska income tax purposes:

Federal or State Banks

Federal or State Savings and Loan Associations

Building and Loan Associations

Postal Savings Accounts (discontinued in 1996)

Export Import Bank bonds

Federal or State Credit Unions

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

Interest on federal income tax refunds

Farmers Home Administration

New Community debentures

Merchant Marine bonds

Ship Financing bonds

U.S. Merchant Marine Ship notes

U.S. Merchant Marine Offshore Ship Services notes

Federal Home Loan Mortgage Corporation

World Bank

International Bank for Reconstruction and Development bonds

Asian Development Bank notes and bonds

Inter-American Development Bank bonds

Interest from U.S. Government Life Insurance (unless exempted by I.R.C. section 101[d][1][B])

Bankers' Acceptance

Certificates of Deposit

Penn Central Transportation certificates

Federal Financing Bank

Federal National Mortgage Association (FNMA's)

Government National Mortgage Association (GNMA's)

Chrysler Corporation secured notes

Lockheed convertible bonds

Washington Metropolitan Area Transit Authority bonds

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I believe I may need to report a penalty using the Individual Underpayment of Estimated Tax, Form 2210N, but I do not understand the form. What do I do?

Complete the first eight lines of the form to see if you need to report this penalty. If you need assistance with the rest of the form, contact your nearest Nebraska Department of Revenue office, or call 1-800-742-7474 (toll free in Nebraska and Iowa) or 1-402-471-5729, and we will assist you in calculating the penalty.

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I am in the military and not a resident of Nebraska, but my spouse lives and works in the state. How do we file our Nebraska return?

If you and your spouse file a joint federal return and your spouse is a resident of Nebraska, you may elect to either file a joint Nebraska return or each spouse may file married filing separately with Nebraska. Be sure to attach a copy of your military W-2 to substantiate your non-resident active duty status. If you file a joint return, you can deduct the active duty military pay of the nonresident military service member included in the federal adjusted gross income on line 58 of the Nebraska Schedule I. For more information on this subject, refer to the information guide, Nebraska Income Tax for Military Service Members.

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I won some money at a casino in another state, and it issued me a Form W-2G. What do I do about these winnings?

Those winnings are part of your federal adjusted gross income and need to be included on your Nebraska return. You may also need to complete an income tax return for the other state to report those winnings to that state.

Upon filing an individual income tax return with the other state, you will receive a credit for any taxes properly paid to the other state by completing a Nebraska Schedule II and attaching it to your Form 1040N, along with a copy of the other state's return.

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My address is incorrect on my address label. What should I do?

Make any corrections that are necessary on the address label, then use the corrected label on your return. You can also make changes by filing a Nebraska Change Request for Individual Income Tax, Form 22A.

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I see that the Federal Schedule A, Itemized Deductions, allows me to deduct either state income or sales taxes. How do I handle this on the Nebraska return?

For tax years 2005 and forward, Nebraska law continues to require that any state income tax deducted on line 5 of the Federal Schedule A be included as an addition to income on line 8 of Nebraska Form 1040N. If instead, you deducted your sales tax paid during 2007 on line 5 of Federal Schedule A, then you should enter -0- on line 8 of Form 1040N.

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Does Nebraska have an earned income tax credit?

Yes. Nebraska residents and partial-year residents who have a federal earned income tax credit are allowed a state credit equal to 10% (.10) of the federal credit.

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Does Nebraska have a deduction for the qualified state tuition program under section 529 of the Internal Revenue Code?

Yes. Nebraska has the Nebraska College Savings Plan deduction. The account owner deducts from the federal adjusted gross income the annual contributions he or she makes to the Nebraska College Savings Plan which is administered by the State Treasurer. There is a maximum state deduction of $5,000 for single, head of household, and married-joint filers; and $2,500 for married-separate filers.

For more detailed information about the Nebraska State Treasurer's College Savings Program, visit their Web site.

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Can contributions to any Internal Revenue Code section 529 educational student aid program qualify for deduction under the Nebraska College Savings Plan?

No. Only contributions made to the Nebraska College Savings Plan, administered by the Nebraska State Treasurer, qualify for the deduction.

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What happens if I roll over my Nebraska College Savings Plan account to another section 529 savings plan?

When a Nebraska College Savings Plan is rolled over to another section 529 savings plan administered by a state other than Nebraska, the Nebraska College Savings Plan account is considered to be canceled. The account owner is required to recapture any Nebraska College Savings Plan contribution previously deducted for the years the canceled (rollover) account was in existence. The recapture is reported on Nebraska Schedule I for the tax year of the account rollover.

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Where do I report the deduction for Long-term Care Saving Plan earnings on my 1040N?

Earnings generated from the Nebraska Long-Term Care Saving Plan Administered by the State Treasurer are exempt and may be subtracted to the extent they are included in federal adjusted gross income for 2007.  To deduct the earnings please combine them with the Long-Term Care Savings Plan Contribution deduction and enter the total on line 57 of the 1040N - Schedule I.

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What's new for tax year 2007?

Bullet Earned Income Credit. Nebraska residents and partial-year residents who have a federal earned income tax credit are allowed a state credit equal to 10% (.10) of the federal credit.
Bullet

Financial Institution Tax Credit. A nonrefundable credit (line 26 of the 1040N) against an individual’s income tax liability is allowed for franchise taxes paid by a financial institution. The credit is available to partners, S Corporation shareholders, LLC members, or beneficiaries of an estate or trust which have ownership in a financial institution. All partners, shareholders, members, or beneficiaries claiming the credit must also include this amount in their federal adjusted gross income on line 46 of the Nebraska Schedule I.

Bullet

Long-Term Care Savings Plan penalty. There is a ten percent penalty for unqualified withdrawals from Nebraska Long-Term Care Savings Plans.  The penalty is administered by the State Treasurer and collected by the Nebraska Department of Revenue.  The ten percent penalty will be calculated on the Long-Term Care Savings Plan recapture amounts and the taxpayer billed or their refund reduced.

Bullet

Nebraska College Savings Plan. The deduction limits have been increased to $5,000 for single, head-of-household, and married-joint filers, and $2,500 for married-separate filers.

Bullet

Nongame and Endangered Species checkoff fund . The Nongame and Endangered Species checkoff fund has had a name change.  It is now the Wildlife Conservation Fund.

Bullet Form 829N credit. The Form 829N credit is no longer available and has been removed from Form 1040N.

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