§ 77-1202 — Tangible personal property; where listed and assessed

Nebraska § 77-1202

• Jurisdiction: Nebraska
• Ch. 77: Revenue and Taxation

Text

Taxable tangible personal property shall be listed and assessed where it has acquired tax situs as defined in section 77-125 .

Legislative History

Source: Laws 1903, c. 73, § 29, p. 395; R.S.1913, § 6314; Laws 1917, c. 117, § 1, p. 291; C.S.1922, § 5915; C.S.1929, § 77-1402; R.S.1943, § 77-1202; Laws 1961, c. 380, § 1, p. 1168; Laws 1965, c. 483, § 2, p. 1561; Laws 1969, c. 664, § 1, p. 2585; Laws 1972, LB 1100, § 2; Laws 1987, LB 508, § 29; Laws 1992, LB 1063, § 93; Laws 1992, Second Spec. Sess., LB 1, § 66; Laws 1997, LB 270, § 46; Laws 1997, LB 271, § 49. Annotations: This section, and others cited by plaintiffs, provide rules to determine situs for taxation of personal property and do not provide for transfer of tax funds from one school district to another. Sesemann v. Howell, 195 Neb. 798, 241 N.W.2d 119 (1976). This section states the general rule where personal property shall be listed and assessed. Svoboda & Hannah v. Board of Equalization of Perkins County, 180 Neb. 215, 142 N.W.2d 328 (1966). Personal property is assessed where owner resides, except that property having a local situs is assessed at that situs. Ramm v. County of Holt, 172 Neb. 88, 108 N.W.2d 808 (1961); Goebel v. County of Holt, 172 Neb. 81, 108 N.W.2d 406 (1961). Cited in discussion of taxability of intangible property of foreign corporation. International Harvester Co. v. County of Douglas, 146 Neb. 555, 20 N.W.2d 620 (1945). This section does not apply to listing of intangible property. Joyce Lumber Co. v. Anderson, 125 Neb. 886, 252 N.W. 394 (1934). Where a corporation operates lumber stations in several counties, each station is assessed as an independent business. Nye-Schneider-Fowler Co. v. Boone County, 102 Neb. 742, 169 N.W. 436 (1918); Nye-Schneider-Fowler Co. v. Boone County, 99 Neb. 383, 156 N.W. 773 (1916). Levy of tax by Sarpy County upon personal property in Douglas County was illegal. Hydraulic Press Brick Co. v. Douglas County, 95 Neb. 87, 144 N.W. 1058 (1914). Credits of a partnership, which maintains but one office in Nebraska, are subject to taxation where office is located. Clay, Robinson & Co. v. Douglas County, 88 Neb. 363, 129 N.W. 548 (1911). The owner of personal property, within meaning of tax laws, is the person who has legal title thereto. Union Stock Yards Nat. Bank v. Board of Thurston County, 65 Neb. 410, 92 N.W. 1022 (1902).