§ 77-2701.35 — Sales price, defined

Nebraska § 77-2701.35

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

Text

(1) Sales price applies to the measure
subject to sales tax and means the total amount of consideration, including
cash, credit, property, and services, for which personal property or services
are sold, leased, or rented, valued in money, whether received in money or
otherwise, without any deduction for the following:
(a) The seller's cost of the property sold;
(b) The cost of materials used, the cost of labor or service,
interest, losses, all costs of transportation to the seller, all taxes imposed
on the seller, and any other expense of the seller;
(c) Charges by the seller for any services necessary to complete
the sale;
(d) Delivery charges; and
(e) Installation charges.
(2) Sales price includes consideration received by the seller
from third parties if:
(a) The seller actually receives consideration from a party
other than the purchaser and the consideration is directly related to a price
reduction or discount on the sale;
(b) The seller has an obligation to pass the price reduction
or discount through to the purchaser;
(c) The amount of the consideration attributable to the sale
is fixed and determinable by the seller at the time of the sale of the item
to the purchaser; and
(d) One of the following criteria is met:
(i) The purchaser presents a coupon, certificate, or other
documentation to the seller to claim a price reduction or discount when the
coupon, certificate, or documentation is authorized, distributed, or granted
by a third party with the understanding that the third party will reimburse
any seller to whom the coupon, certificate, or documentation is presented;
(ii) The purchaser identifies himself or herself to the seller
as a member of a group or organization entitled to a price reduction or discount.
A preferred customer card that is available to any patron does not constitute
membership in such a group; or
(iii) The price reduction or discount is identified as a third-party
price reduction or discount on the invoice received by the purchaser or on
a coupon, certificate, or other documentation presented by the purchaser.
(3) Sales price does not include:
(a) Any discounts, including cash, terms, or coupons that
are not reimbursed by a third party that are allowed by a seller and taken
by a purchaser on a sale;
(b) Interest, financing, and carrying charges from credit
extended on the sale of personal property or services, if the amount is separately
stated on the invoice, bill of sale, or similar document given to the purchaser;
(c) Any taxes legally imposed directly on the consumer that
are separately stated on the invoice, bill of sale, or similar document given
to the purchaser;
(d) United States postage
charges on direct mail that are separately stated on the invoice, bill of
sale, or similar document given to the purchaser; and
(e) Credit for any trade-in
as follows:
(i) The value of property taken by a seller in trade as all
or a part of the consideration for a sale of property of any kind or nature;
or
(ii) The value of a motor vehicle, motorboat, all-terrain vehicle, or utility-type
vehicle taken by any person in trade as all or a part of the consideration
for a sale of another motor vehicle, motorboat, all-terrain vehicle, or utility-type vehicle.

Legislative History

Source: Laws 2003, LB 282, § 39; Laws 2007, LB223, § 6; Laws 2014, LB814, § 8; Laws 2014, LB867, § 11. Annotations: The credit a motor vehicle lessor received from a dealer for a used vehicle was not a "trade-in credit," because the dealer resold the used vehicle before it sold the new vehicle to the lessor; thus, the dealer did not take the used vehicle as all or part of the consideration for the purchase of a new vehicle. Gelco Fleet Trust v. Nebraska Dept. of Rev., 312 Neb. 49, 978 N.W.2d 12 (2022).