Nebraska Administrative Code
Topic - REVENUE, DEPARTMENT OF
Title 316 - NEBRASKA DEPARTMENT OF REVENUE
Chapter 23 - FIDUCIARY INCOME TAX REGULATIONS
Section 316-23-009 - FILING OF RETURNS AND PAYMENT OF TAX
Universal Citation: 316 NE Admin Rules and Regs ch 23 ยง 009
Current through March 20, 2024
009.01 Filing Date
The Nebraska Fiduciary Income Tax Return, Form 1041N, must be filed on or before the fifteenth day of the fourth month following the close of the taxable year of the estate or trust.
009.01A Simple trusts do not have to file a
fiduciary return if all of the trust's beneficiaries are residents of the State
of Nebraska, all of the trust's income is derived from sources within Nebraska,
and the trust has no federal tax liability.
009.02 Extension of Filing Date
The fiduciary return may be filed at a later date if the fiduciary has obtained an extension of time.
009.02A The Tax Commissioner may grant a
reasonable extension of time, not to exceed seven (7) months, for the filing of
the return. Such an extension must be requested prior to the prescribed due
date for the filing of the return or during the period of a federal extension
to avoid levy of penalty. Application should be made on the Nebraska
Application for Extension of Time to File a Nebraska Individual, Fiduciary, or
Partnership Return, Form 2688N and must give the reasons for the extension
request.
009.02B Form 2688N is not
required to be filed if the Internal Revenue Service has already granted an
extension of time for filing the return. In this instance the due date for
filing the comparable Nebraska return is automatically extended for the same
period as the federal extension. However, a copy of the federal application for
automatic extension of time must be attached to the Nebraska return when it is
filed.
009.03 Effect of Extension on Payment of Tax
An extension of time granted for filing a fiduciary return also extends the time for payment of the tax. However, interest will be imposed at the rate specified in section 45-104.02, from the due date of the return until the date payment is received.
Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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