Registration Requirements in Nebraska 

If you own or open a business that operates in Nebraska, you may be required to register with the Secretary of State and obtain a Nebraska Tax ID. The State of Nebraska has a one-stop registration system for businesses to register. The one-stop business registration system can be found here

S-Corporation Income Tax

Nebraska does not require S corporations to pay income tax; however, they are required to pay the state’s corporation occupation tax. In addition, each individual S corporation shareholder will owe state tax on his or her share of the company’s income. S corporations are required to file Form 1120-SN.

LLC/Partnership Income Tax

Not required to pay income tax or corporation occupation tax to Nebraska. Business income is passed to partners who pay Nebraska income tax on their personal return. Partnerships are required to file Form 1065N.

Corporate Franchise/Privilege Tax

Nebraska’s C corporations and S corporations are subject to Nebraska “Corporation Occupation Tax”. It is a biennial tax, and is based on a business’ net worth. The specific fee due is based on the amount of paid-in stock of the corporation. The tax is graduated, with fees ranging from $26 for $10,000 or less, or paid-in capital stock to $23,990 for $100 million or more of paid-in capital stock.

Composite Tax

The Nebraska Department of Revenue does not allow for composite filing for nonresident shareholders/partners. 

Individual Income Tax

Individual income tax rates vary by income and filing status from 2.46% to 6.84%. Individual income tables are below. Individual income tax returns are filed on Form 1040N.

Due Dates

S corporation and partnership returns are due on the 15th day of the third month following the close of the tax year. For calendar year filers, the due date is March 15th. 

Individual income returns are due on the 15th day of the fourth month following the close of the tax year. For most calendar year filers, the due date is April 15th. 

If the due date falls on a weekend or legal holiday, the due date becomes the next business day. 

Estimated Payments

Nebraska corporations that can reasonably expect their tax liability to exceed $400 must make estimated quarterly payments. S corporations may make voluntary estimated payments in the same manner as other corporations. 

Taxpayers must make estimated income tax payments if they expect to owe more than $500 in tax at the end of the tax year. 

Filing an Extension

S corporations and partnerships have three options to file for an extension of time. 

  1. Attaching a copy of a timely-filed Application for Automatic Extension of Time to FileCertain Business Income Tax, Information, and Other Returns, Federal Form 7004, to the Nebraska return when filed
  2. Attaching a schedule to the Nebraska return listing the federal confirmation number andproviding an explanation that the electronic request for automatic federal extension was not denied; or
  3. Filing a Nebraska Application for Extension of Time to File Corporation, Fiduciary, orPartnership Return, Form 7004N, on or before the due date of the return. 

Individuals may request an extension using one of the following methods: 

  1. Attaching a copy of a timely-filed Application for Automatic Extension of Time to File U.S.Individual Income Tax Return, Federal Form 4868, to the Nebraska return when filed;
  2. Attaching a schedule to your Nebraska return listing your federal confirmation number and providing an explanation that you received a federal extension;
  3. Filing a Nebraska Application for Extension of Time, Form 4868N, on or before the due date of the return, when you need to make a tentative Nebraska payment or when a federal extension is not being requested; or
  4. Attaching a copy of the statement or letter submitted with your federal return requesting the automatic extension of time to file for a U.S. citizen residing outside the U.S. or Puerto Rico, to the Nebraska return when filed.

Penalties

Filing a late return will result in a 5% per month penalty, up to a maximum of 25% of the unpaid tax at the due date or extended filing date. 

Additional Information

If your business was formed or is located in another state, but generates income in Nebraska, it may be subject to Nebraska taxes. The rules for taxation of multistate businesses, including what constitutes nexus with a state for the purpose of various taxes, are complicated. If you run such a business, you should consult with a tax professional.

Nebraska Department of Revenue: 

http://www.revenue.nebraska.gov/index.html 

Nebraska Secretary of State: 

http://www.sos.ne.gov/dyindex.html 

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