Franchise tax; filing requirements; general provisions applicable; refunds; credit.

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77-3806. Franchise tax; filing requirements; general provisions applicable; refunds; credit.

(1) The tax return shall be filed and the total amount of the franchise tax shall be due on the fifteenth day of the third month after the end of the taxable year. No extension of time to pay the tax shall be granted. If the Tax Commissioner determines that the amount of tax can be computed from available information filed by the financial institutions with either state or federal regulatory agencies, the Tax Commissioner may, by regulation, waive the requirement for the financial institutions to file returns.

(2) Sections 77-2714 to 77-27,135 relating to deficiencies, penalties, interest, the collection of delinquent amounts, and appeal procedures for the tax imposed by section 77-2734.02 shall also apply to the tax imposed by section 77-3802. If the filing of a return is waived by the Tax Commissioner, the payment of the tax shall be considered the filing of a return for purposes of sections 77-2714 to 77-27,135.

(3) No refund of the tax imposed by section 77-3802 shall be allowed unless a claim for such refund is filed within ninety days of the date on which (a) the tax is due or was paid, whichever is later, (b) a change is made to the amount of deposits or the net financial income of the financial institution by a state or federal regulatory agency, or (c) the Nebraska Investment Finance Authority issues an eligibility statement to the financial institution pursuant to the Affordable Housing Tax Credit Act.

(4) Any such financial institution shall receive a credit on the franchise tax as provided under the Affordable Housing Tax Credit Act, the Community Development Assistance Act, the Nebraska Job Creation and Mainstreet Revitalization Act, the Nebraska Property Tax Incentive Act, and the New Markets Job Growth Investment Act.

Source

  • Laws 1986, LB 774, § 6;
  • Laws 1990, LB 1241, § 16;
  • Laws 2001, LB 433, § 7;
  • Laws 2007, LB367, § 25;
  • Laws 2012, LB1128, § 25;
  • Laws 2014, LB191, § 21;
  • Laws 2016, LB884, § 22;
  • Laws 2020, LB1107, § 135.

Cross References

  • Affordable Housing Tax Credit Act, see section 77-2501.
  • Community Development Assistance Act, see section 13-201.
  • Nebraska Job Creation and Mainstreet Revitalization Act, see section 77-2901.
  • Nebraska Property Tax Incentive Act, see section 77-6701.
  • New Markets Job Growth Investment Act, see section 77-1101.


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