Nebraska § 77-1119 Tax Commissioner; issue letter rulings;
request; refusal to issue for good cause; letter ruling; effect

Nebraska Statutes

§ 77-1119 — Tax Commissioner; issue letter rulings; request; refusal to issue for good cause; letter ruling; effect

Nebraska § 77-1119

Ch. 77Revenue and Taxation

This text of Nebraska § 77-1119 (Tax Commissioner; issue letter rulings; request; refusal to issue for good cause; letter ruling; effect) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 77-1119 (2026).

Text

(1)The Tax Commissioner shall issue letter rulings regarding the tax credit program authorized under the New Markets Job Growth Investment Act subject to the terms and conditions set forth in rules and regulations.

(2)The Tax Commissioner shall respond to a request for a letter ruling within sixty days after receipt of such request. The applicant may provide a draft letter ruling for the Tax Commissioner's consideration. The applicant may withdraw the request for a letter ruling, in writing, prior to the issuance of the letter ruling. The Tax Commissioner may refuse to issue a letter ruling for good cause, but shall list the specific reasons for refusing to issue the letter ruling. Good cause includes, but is not limited to:

(a)The applicant requests the Tax Commissioner to determine wh

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(1) The Tax Commissioner
shall issue letter rulings regarding the tax credit program authorized under
the New Markets Job Growth Investment Act subject to the terms and conditions
set forth in rules and regulations.
(2) The Tax Commissioner
shall respond to a request for a letter ruling within sixty days after receipt
of such request. The applicant may provide a draft letter ruling for the Tax
Commissioner's consideration. The applicant may withdraw the request for a
letter ruling, in writing, prior to the issuance of the letter ruling. The
Tax Commissioner may refuse to issue a letter ruling for good cause, but shall
list the specific reasons for refusing to issue the letter ruling. Good cause
includes, but is not limited to:
(a) The applicant requests the Tax Commissioner to
determine whether a statute is constitutional or a rule or regulation is lawful;
(b) The request involves
a hypothetical situation or alternative plans;
(c) The facts or issues presented in
the request are unclear, overbroad, insufficient, or otherwise inappropriate
as a basis upon which to issue a letter ruling; or
(d) The issue is currently being considered
in a rulemaking procedure, contested case, or other agency or judicial proceeding
that may definitely resolve the issue.
(3) A letter ruling shall bind the Tax Commissioner
until such time as the taxpayer or its shareholders, members, or partners,
as applicable, claim all of such tax credits on a tax return which is the
topic of the letter ruling, subject to the terms and conditions set forth
in rules and regulations. The letter ruling shall apply only to the applicant.
(4) In rendering letter
rulings and making other determinations under this section, to the extent
applicable, the Tax Commissioner shall look for guidance to section 45D of
the Internal Revenue Code of 1986, as amended, and the regulations issued
thereunder. The Tax Commissioner may adopt and promulgate rules and regulations
to carry out this section.