(1)If any person liable to pay
any tax or fee under any tax program administered by the Tax Commissioner
or Commissioner of Labor neglects or refuses to pay such tax or fee after
demand, the amount of such tax or fee, including any interest, penalty, and
additions to such tax and such additional costs that may accrue, shall be
a lien in favor of the State of Nebraska upon all property and rights to property,
whether real or personal, then owned by such person or acquired by him or
her thereafter and prior to the expiration of the lien. Unless another date
is specifically provided by law, such lien shall arise at the time of the
assessment and shall remain in effect (a) for three years from the time of
the assessment or one year
after the expiration of an agreement between the Tax Commissi
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(1) If any person liable to pay
any tax or fee under any tax program administered by the Tax Commissioner
or Commissioner of Labor neglects or refuses to pay such tax or fee after
demand, the amount of such tax or fee, including any interest, penalty, and
additions to such tax and such additional costs that may accrue, shall be
a lien in favor of the State of Nebraska upon all property and rights to property,
whether real or personal, then owned by such person or acquired by him or
her thereafter and prior to the expiration of the lien. Unless another date
is specifically provided by law, such lien shall arise at the time of the
assessment and shall remain in effect (a) for three years from the time of
the assessment or one year
after the expiration of an agreement between the Tax Commissioner and a taxpayer
for payment of tax which is due, whichever is later, if the notice
of lien is not filed for record in the office of the appropriate filing officer,
(b) for ten years from the time of filing for record in the office of the
appropriate filing officer, or (c) until such amounts have been paid or a
judgment against such person arising out of such liability has been satisfied
or has become unenforceable by reason of lapse of time, unless a continuation
statement is filed prior to the lapse.
(2)(a) The Tax Commissioner or Commissioner of Labor may present
for filing or file for record in the office of the appropriate filing officer
a notice of lien specifying the year the tax was due, the tax program, and
the amount of the tax and any interest, penalty, or addition to such tax that
are due. Such notice shall be filed for record in the office of the appropriate
filing officer within three years after the time of assessment or within one year after the expiration of an agreement
between the Tax Commissioner and a taxpayer for payment of tax which is due,
whichever is later. Such notice shall contain the name and last-known
address of the taxpayer, the last four digits of the taxpayer's social security
number or federal identification number, the Tax Commissioner's or Commissioner
of Labor's serial number, and a statement to the effect that the Tax Commissioner
or Commissioner of Labor has complied with all provisions of the law for the
particular tax program which he or she administers in the determination of
the amount of the tax and any interest, penalty, and addition to such tax
required to be paid.
(b) If the assets of the taxpayer are in the control or custody
of the court in any proceeding before any court of the United States or of
any state or the District of Columbia, before the end of the time period
in subdivision (2)(a) of this section, the notice shall be filed for record
within the time period or within six
months after the assets are released by the court, whichever is later.
(3)(a)(i) A lien imposed upon real property pursuant to the
Uniform State Tax Lien Registration and Enforcement Act shall be valid against
any subsequent creditor when notice of such lien and the amount due has been
presented for filing by the Tax Commissioner or Commissioner of Labor in the
office of the Secretary of State and filed in the office of the register of
deeds.
(ii) A lien imposed upon personal property pursuant to the
Uniform State Tax Lien Registration and Enforcement Act shall be valid against
any subsequent creditor when notice of such lien and the amount due has been
filed by the Tax Commissioner or Commissioner of Labor in the office of the
Secretary of State.
(b) In the case of any prior mortgage on real property or
secured transaction covering personal property so written as to secure a present
debt and future advances, the lien provided in the act, when notice thereof
has been filed in the office of the appropriate filing officer, shall be subject
to such prior lien unless the Tax Commissioner or Commissioner of Labor has
notified the lienholder in writing of the recording of such tax lien, in which
case the lien of any indebtedness thereafter created under such mortgage or
secured transaction shall be junior to the lien provided for in the act.
(4) The lien may, within ten years from the date of filing
for record of the notice of lien in the office of the appropriate filing officer,
be extended by filing for record a continuation statement. Upon timely filing
of the continuation statement, the effectiveness of the original notice shall
be continued for ten years after the last date to which the filing was effective.
After such period the notice shall lapse in the manner prescribed in subsection
(1) of this section unless another continuation statement is filed prior to
such lapse.
(5) When a termination statement of any tax lien issued by
the Tax Commissioner or Commissioner of Labor is filed in the office where
the notice of lien is filed, the appropriate filing officer shall enter such
statement with the date of filing in the state tax lien index where notice
of the lien so terminated is entered and shall file the termination statement
with the notice of the lien.
(6) The Tax Commissioner or Commissioner of Labor may at any
time, upon request of any party involved, release from a lien all or any portion
of the property subject to any lien provided for in the Uniform State Tax
Lien Registration and Enforcement Act or subordinate a lien to other liens
and encumbrances if he or she determines that (a) the tax amount and any interest,
penalties, and additions to such tax have been paid or secured sufficiently
by a lien on other property, (b) the lien has become legally unenforceable,
(c) a surety bond or other satisfactory security has been posted, deposited,
or pledged with the Tax Commissioner or Commissioner of Labor in an amount
sufficient to secure the payment of such taxes and any interest, penalties,
and additions to such taxes, or (d) the release, partial release, or subordination
of the lien will not jeopardize the collection of such taxes and any interest,
penalties, and additions to such tax.
(7) A certificate by the Tax Commissioner or Commissioner
of Labor stating that any property has been released from the lien or the
lien has been subordinated to other liens and encumbrances shall be conclusive
evidence that the property has in fact been released or the lien has been
subordinated pursuant to the certificate.