§ 13-324 — Tax Commissioner; powers and duties; beginning and termination of taxation; procedure; notice; administrative fee; illegal assessment and collection; remedies

Nebraska § 13-324

• Jurisdiction: Nebraska
• Ch. 13: Cities, Counties, and Other Political Subdivisions

Text

(1) The Tax
Commissioner shall administer all sales and use taxes adopted under section 13-319 . The Tax Commissioner may prescribe forms and adopt and promulgate
reasonable rules and regulations in conformity with the Nebraska Revenue Act
of 1967, as amended, for the making of returns and for the ascertainment,
assessment, and collection of taxes. The county shall furnish a certified
copy of the adopting or repealing resolution to the Tax Commissioner in accordance
with such rules and regulations. The tax shall begin the first day of the
next calendar quarter which is at least one hundred twenty days following
receipt by the Tax Commissioner of the certified copy of the adopted resolution.
The Tax Commissioner shall provide at least sixty days' notice of the adoption
of the tax or a change in the rate to retailers. Notice shall be provided
to retailers within the county. Notice to retailers may be provided through
the website of the Department of Revenue or by other electronic means.
(2) For resolutions containing a termination date, the termination date
is the first day of a calendar quarter. The county shall furnish a certified
statement to the Tax Commissioner no more than one hundred eighty days and
at least one hundred twenty days before the termination date that the termination
date stated in the resolution is still valid. If the certified statement is
not furnished within the prescribed time, the tax shall remain in effect,
and the Tax Commissioner shall continue to collect the tax until the first
day of the calendar quarter which is at least one hundred twenty days after
receipt of the certified statement notwithstanding the termination date stated
in the resolution. The Tax Commissioner shall provide at least sixty days'
notice of the termination of the tax to retailers. Notice shall be provided
to retailers within the county. Notice to retailers may be provided through
the website of the department or other electronic means.
(3) The Tax Commissioner shall
collect the sales and use tax concurrently with collection of a state tax
in the same manner as the state tax is collected. The Tax Commissioner shall
remit monthly the proceeds of the tax to the counties imposing the tax, after
deducting the amount of refunds made and three percent of the remainder as
an administrative fee necessary to defray the cost of collecting the tax and
the expenses incident thereto. The Tax Commissioner shall keep full and accurate
records of all money received and distributed. All receipts from the three-percent
administrative fee shall be deposited in the state General Fund.
(4) Upon any claim of illegal
assessment and collection, the taxpayer has the same remedies provided for
claims of illegal assessment and collection of the state tax. It is the intention
of the Legislature that the provisions of law which apply to the recovery
of state taxes illegally assessed and collected apply to the recovery of sales
and use taxes illegally assessed and collected under section 13-319 .
(5) Boundary changes or the
adoption of a sales and use tax by an incorporated municipality that affects
any tax imposed by this section shall be governed as provided in subsections
(3) through (10) of section 77-27,143 .

Legislative History

Source: Laws 1996, LB 1177, § 11; Laws 2003, LB 282, § 3; Laws 2003, LB 381, § 1; Laws 2005, LB 274, § 221; Laws 2006, LB 887, § 1; Laws 2011, LB211, § 1. Cross References: Nebraska Revenue Act of 1967, see section 77-2701.