Nebraska Administrative Code
Topic - REVENUE, DEPARTMENT OF
Title 316 - NEBRASKA DEPARTMENT OF REVENUE
Chapter 36 - NEBRASKA DEPARTMENT OF REVENUE RULES FOR THE COLLECTION OF DELINQUENT TAXES
Section 316-36-009 - SEIZURE AND SALE OF PROPERTY
Current through March 20, 2024
009.01 The Department may seize and sell real, personal, or intangible property, or rights to real personal, or intangible property (property) of a taxpayer when: the taxpayer is delinquent in the payment of any Nebraska taxes; the taxpayer has not shown satisfactory cooperation regarding delinquent taxes; and a demand for payment has been sent for the total amount owing within the last 60 days.
009.02 The taxpayer must be served a copy of the writ of seizure either in person at the time the writ is executed or by first class mail. The writ must inform the taxpayer of his or her right to request in writing a determination that the seizure of property was invalid within ten days after service of the writ of seizure.
009.03 A writ of seizure is deemed issued when signed by an officer of the Department.
009.04 Any person whose property has been seized has the right to pay the amount due, together with the expenses of the proceeding, if any, to the Department, or reach a payment agreement with the Department at any time before the sale of the property. Upon payment or acceptance of a payment agreement, the Department must restore the property to the person, and all further proceedings in connection with the levy on the property must cease from the time of payment or acceptance of a payment agreement. If the property is in the possession of the county sheriff, the taxpayer must pay the taxes, interest, and penalties, plus costs directly to the sheriff.
009.05 Effect of Honoring a Seizure
Any person in possession of property who has been served a writ of seizure and who surrenders the property pursuant to the writ of seizure is discharged from any liability to the taxpayer with respect to the ownership or possession of property surrendered or paid over.
009.06 Effect of Refusing to Honor a Seizure
Any person in possession of property who has been served a writ of seizure and who fails or refuses to honor the writ of seizure without cause, may be held liable for the amount of the writ of seizure up to the value of the property of the taxpayer under his or her control at the time the writ of seizure was served. The person who fails or refuses to honor the writ may be subjected to the same collection provisions as set forth in Chapter 36 of these regulations.
009.07 Property Seized by the County Sheriff
Any property that is seized by the county sheriff will be sold by the county sheriff at public auction under the authority of Chapter 25, Article 15 of the Nebraska Revised Statutes.
009.08 Any property seized by the Department will be sold under the authority of Neb. Rev. Stat. § 77-3906 as follows:
009.09 If the property seized and sold under this section is not sufficient to satisfy the demand for payment for which the seizure was made, the sheriff or an authorized employee may thereafter, and as often as necessary, seize and sell any other property of the taxpayer that is available for seizure until the amount due from the taxpayer, together with all expenses, is fully paid. The procedures described in this regulation will govern any subsequent seizure and sale of any property of the taxpayer.
009.10 If any other person having an interest or lien upon the property files a notice of his or her interest or lien with the Tax Commissioner before the sale, the Tax Commissioner must withhold any excess pending a determination of the rights of the respective parties by a court of competent jurisdiction. If, for any reason, the taxpayer is not available, the Tax Commissioner must deposit the excess money with the State Treasurer, as trustee for the taxpayer or his or her heirs, successors, or assigns. If the money received from the sale exceeds the total of all amounts due, together with all expenses, and if there is no other interest in or lien upon the money received, the Tax Commissioner must return the excess to the taxpayer and obtain a receipt. Any interest earned will not be paid to the taxpayer.
009.11 All employees and officers of companies must open all books containing evidence or statements relating to the property eligible for seizure, on demand of a sheriff or an authorized employee about to seize, or having seized, any property.
009.12 Property seized by the Department may be returned to the taxpayer when:
009.13 A taxpayer or any other person with an interest in the property seized by the Department may request in writing a determination that a seizure of property was invalid within 20 days after service of the writ of seizure.
Neb. Rev. Stat. §§ 77-3906 and 77-3908. July 3, 2013.