Applications; approval; limit.

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77-5905. Applications; approval; limit.

(1) If the Department of Revenue determines that an application meets the requirements of section 77-5904 and that the investment or employment is eligible for the credit and (a) the applicant is actively engaged in the operation of the microbusiness or will be actively engaged in the operation upon its establishment, (b) the applicant will make new investment or employment in the microbusiness, and (c) the new investment or employment will create new income or jobs, the department shall approve the application and authorize tentative tax credits to the applicant within the limits set forth in this section and certify the amount of tentative tax credits approved for the applicant. Applications for tax credits shall be considered in the order in which they are received.

(2) The department may approve applications up to the adjusted limit for each calendar year beginning January 1, 2006, through December 31, 2032. After applications totaling the adjusted limit have been approved for a calendar year, no further applications shall be approved for that year. The adjusted limit in a given year is two million dollars plus tentative tax credits that were not granted by the end of the preceding year. Tax credits shall not be allowed for a taxpayer receiving benefits under the Employment and Investment Growth Act, the Nebraska Advantage Act, the Nebraska Advantage Rural Development Act, the ImagiNE Nebraska Act, or the Urban Redevelopment Act.

Source

  • Laws 2005, LB 312, § 70;
  • Laws 2009, LB164, § 11;
  • Laws 2014, LB1067, § 4;
  • Laws 2015, LB538, § 15;
  • Laws 2016, LB1022, § 11;
  • Laws 2017, LB217, § 27;
  • Laws 2020, LB1107, § 138;
  • Laws 2021, LB366, § 2;
  • Laws 2021, LB544, § 34.
  • Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB366, section 2, with LB544, section 34, to reflect all amendments.
  • Note: Changes made by LB366 became effective August 28, 2021. Changes made by LB544 became operative January 1, 2022.

Cross References

  • Employment and Investment Growth Act, see section 77-4101.
  • ImagiNE Nebraska Act, see section 77-6801.
  • Nebraska Advantage Act, see section 77-5701.
  • Nebraska Advantage Rural Development Act, see section 77-27,187.
  • Urban Redevelopment Act, see section 77-6901.


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