Current through September 17, 2024
003.01 All personal property returns are
required by law to be signed by the taxpayer or his or her agent. If a return
is not signed, the assessor shall notify the taxpayer or agent in writing that
they have until May 1 or within 10 days from the date of the notice, whichever
is later, to sign the return or to file a properly signed corrected return.
Upon the failure to sign the return, the unsigned return is presumed correct
for tax purposes.
003.02 The
following procedures shall be followed if any change in valuation is made,
omitted property is added to the personal property return, or the assessor
lists and values all of a taxpayer's taxable personal property.
003.02A The assessor shall change the
reported valuation of any item of personal property listed on the return and
supporting schedules of any taxpayer to conform the valuation to taxable value.
The assessor shall make this change to the valuation of any item of personal
property, if warranted, for the current taxing period and the three previous
taxing periods or any taxing period included therein.
003.02B The assessor shall list any item of
taxable personal property omitted from a personal property return. The assessor
shall list and value the property for the current and three previous taxing
periods or any taxing period included therein. The property shall be taxed at
the same rate as would have been imposed if timely returned for
taxation.
003.02C If the taxpayer
fails or refuses to file a personal property return, the assessor shall file a
personal property return which shall list and value all of the taxpayer's
taxable personal property. The assessor shall file such a return for the
current tax period and three previous taxing periods or any taxing period
included therein. The property shall be taxed at the same rate as would have
been imposed if timely returned for taxation.
003.02D For changes in valuation or additions
of omitted property, the assessor shall send notice by first class mail to the
last known address of the taxpayer on a form prescribed by the Tax
Commissioner. The taxpayer shall be advised of the action taken, the penalty,
and the rate of interest, if any. The notice shall also state the taxpayer's
appeal rights and the appeal procedures.
003.03 Whenever a person files an amended
federal income tax return or his or her return is changed or corrected by the
Internal Revenue Service or other competent authority and the amendment,
change, or correction affects the Nebraska adjusted basis of the tangible
personal property, such person shall file an amended list of taxable tangible
personal property with the assessor. The person shall file the amended list
within 90 days of the filing of the amended federal return or within 90 days of
the date the change or correction becomes final. No amended list shall be filed
or accepted by the assessor until the person requesting the change to the
Nebraska adjusted basis provides proof that the federal adjusted basis was
amended for federal income tax purposes.
003.03A If the amendment, change, or
correction results in tangible personal property becoming exempt or reduces the
net book value of the property for an income tax year, the person may file a
written claim for a refund of property tax paid relating to the federal income
tax changes with the county treasurer. If the amended list and the claim for
refund are filed within the 90 day period, the claim shall be considered as
timely filed notwithstanding any other provision of law regarding the period
during which refunds could otherwise be claimed. The claim shall be processed
according to Neb. Rev. Stat. Section
77-1734.01.
003.03B If the amendment, change, or
correction results in an increase in the net book value of the tangible
personal property or makes other tangible personal property taxable, the
assessor shall compute the additional tax due, along with interest, based on
the amended listing. Interest shall be computed from the dates the tax would
have been delinquent if the property had been listed on or before May 1 of the
appropriate year. If the amended listing is filed within the 90-day period, no
additional penalties shall be added. If the listing is not filed within the
90-day period, the property shall be treated as undervalued or omitted
property.
003.04
Protests and Appeals
003.04A The taxpayer may
protest the action of the assessor, either as to the valuation of the property
or the penalties imposed, to the county board of equalization within 30 days of
the date the notice of change in value, omitted property, failure to file, or
assessment of penalty was mailed by the assessor. The taxpayer shall file the
protest with the county clerk in the manner prescribed in
REG-20-002.
The action of the assessor shall become final unless a protest is filed within
the time prescribed.
003.04B Upon
ten days notice to the taxpayer, the county board of equalization shall set a
date for hearing the protest of the taxpayer. The county board shall make its
determination on the protest within 30 days after the hearing date. The county
clerk shall within seven days of the determination of the county board send
notice to the taxpayer and assessor, on forms prescribed by the Tax
Commissioner of the action of the county board.
003.04C Appeal may be taken within 30 days
after the decision of the county board of equalization to the Tax Equalization
and Review Commission pursuant to Neb. Rev. Stat. Section
77-5013.
003.04C(1) No appeal shall in any manner
suspend the collection of any tax or the duties of officers relating thereto
during the pendency of the appeal, and all taxes affected thereby, which may be
collected, shall be distributed as though no appeal were pending.
003.04C(1) If by final order of the
Commission, it is determined that such tax or a part thereof should be
refunded, the county treasurer is authorized to make the refund upon receiving
a certified copy of such final order.
003.05 Penalties
003.05A If any person shall make a false or
fraudulent schedule or return required by law, or shall willfully fail or
refuse to deliver to the assessor a list of the taxable property which by law
is required to be listed, or shall temporarily convert any part of such
property into property not taxable for the fraudulent purpose of preventing
such property from being listed and of evading the payment of taxes thereon, or
shall transfer or transmit any property to any person with such intent, he or
she shall be guilty of a Class II misdemeanor.
003.05B Any return filed by the assessor or
taxpayer or value added by the assessor or taxpayer to a return previously
filed, between May 2 and on or before July 31 of the year in which the property
was required to be reported, shall have a penalty of ten percent of the tax due
on the value added. For purposes of this regulation value added shall include
the total taxable value of a return filed between May 2 and July 31 of the year
the return was required to be filed. Interest at the rate specified in
45-104.01
shall be assessed upon such penalty from the date of delinquency of the tax
until paid.
003.05C Any return
filed by the assessor or taxpayer or value added by the assessor or taxpayer to
a return previously filed on or after August 1 of the year the property is
required to be reported, shall have a penalty of twenty-five percent of the tax
due on the value added. For purposes of this regulation value added shall
include the total taxable value of a return filed on or after August 1 of the
year the return was required to be filed. Interest at the rate specified in
Neb. Rev. Stat. Section 45-104.01 shall be assessed upon such penalty from the
date of delinquency of the tax until paid.
003.06 The county board of equalization shall
have no authority to waive or reduce any penalty and interest, which was
correctly imposed. The entire penalty and interest shall be waived if the
reason for the omission was that the property was reported in the wrong taxing
district.
003.07 When valuation
changes are made on a personal property return, the assessor shall correct the
assessment roll, and tax list, if necessary, to show the changes. The
corrections shall be made for the current and three previous tax years or any
tax year therein. If the change results in a decrease in the taxable value upon
which the tax has been paid, the taxpayer may request a refund as prescribed in
Neb. Rev. Stat. Section
77-1734.01,
except the claim shall be made within three years of the date the taxes were
due.
003.08 Taxes and penalties
assessed for the current year, if not delinquent, shall be certified to the
county treasurer and collected as if the property had been properly reported
for taxation. Delinquent current taxes and taxes and penalties assessed for
prior years shall be certified to the county treasurer, and the tax, penalties,
and interest thereon shall be due and collectible immediately. Certification
shall be made by the assessor.
