77-1201 Tangible personal property; assessment date; listing. - Nebraska Statutes

77-1201. Tangible personal property; assessment date; listing.All tangible personal property in this state subject to taxation shall be assessed as of January 1 at 12:01 a.m., which assessment shall be used as a basis of taxation until the next assessment. A complete list of all taxable tangible personal property held or owned on the assessment date shall be made as follows:(1) Every person shall list all his or her taxable tangible personal property as defined in section 77-105 having tax situs in the State of Nebraska;(2) The taxable tangible personal property of a minor child shall be listed by the following: (a) His or her guardian; (b) if he or she has no guardian, by his or her parent, if living; and (c) if neither parent is living, by the person having such property in charge;(3) The taxable tangible personal property of any other person under guardianship, by his or her guardian or, if he or she has no guardian, by the person having charge of such property;(4) The taxable tangible personal property of a person for whose benefit it is held in trust, by the trustee, and of the estate of a deceased person, by the personal representative or administrator;(5) The taxable tangible personal property of corporations the assets of which are in the hands of a receiver, by such a receiver;(6) The taxable tangible personal property of corporations, by the president or the proper agent or officer thereof;(7) The taxable tangible personal property of a firm or company, by a partner, limited liability company member, or agent thereof;(8) The taxable tangible personal property of manufacturers and others in the hands of an agent, by and in the name of such agent; and(9) All leased taxable tangible personal property shall be reported, by itemizing each article, by lessor as owner or lessee as agent. SourceLaws 1903, c. 73, § 28, p. 394; R.S.1913, § 6313; C.S.1922, § 5914; C.S.1929, § 77-1401; Laws 1935, c. 133, § 1, p. 479; Laws 1935, Spec. Sess., c. 14, § 1, p. 89; C.S.Supp.,1941, § 77-1401; R.S.1943, § 77-1201; Laws 1945, c. 186, § 1, p. 577; Laws 1947, c. 251, § 18, p. 815; Laws 1955, c. 288, § 10, p. 906; Laws 1957, c. 327, § 12, p. 1155; Laws 1959, c. 355, § 9, p. 1255; Laws 1959, c. 365, § 1, p. 1284; Laws 1961, c. 377, § 4, p. 1157; Laws 1961, c. 379, § 1, p. 1163; Laws 1965, c. 483, § 1, p. 1559; Laws 1967, c. 501, § 1, p. 1695; Laws 1969, c. 663, § 1, p. 2583; Laws 1979, LB 80, § 110; Laws 1987, LB 508, § 28; Laws 1992, LB 1063, § 92; Laws 1992, Second Spec. Sess., LB 1, § 65; Laws 1993, LB 121, § 494; Laws 1994, LB 884, § 89; Laws 1997, LB 270, § 45; Laws 1997, LB 271, § 48; Laws 2008, LB965, § 3.Operative Date: April 15, 2008Annotations1. Property to be listed2. Miscellaneous1. Property to be listedMotor vehicles were excepted from general requirements for listing of property for taxation. Peterson v. Hancock, 166 Neb. 637, 90 N.W.2d 298 (1958).Leasehold interest in public land is required to be listed. Offutt Housing Co. v. County of Sarpy, 160 Neb. 320, 70 N.W.2d 382 (1955).Grain in elevator on tax date was taxable although under contract of sale. State v. T. W. Jones Grain Co., 156 Neb. 822, 58 N.W.2d 212 (1953).Intangible property of foreign corporation in hands of agent is required to be listed. International Harvester Co. v. County of Douglas, 146 Neb. 555, 20 N.W.2d 620 (1945).Holder of shares in domestic corporation is not required to list the same when capital stock is assessed in state. City Trust Co. of Omaha v. Douglas County, 101 Neb. 792, 165 N.W. 155 (1917).One, who takes stock to feed for nonresident of county, has control of same within meaning of section, and should list same for taxation. Allen v. Dawson County, 92 Neb. 862, 139 N.W. 682 (1913).Shares of capital stock of a domestic corporation should be listed by holder when not assessed in this state. Bressler v. County of Wayne, 84 Neb. 774, 122 N.W. 23 (1909).2. MiscellaneousThis 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).In the year 1959, timely filing of tax schedules of personal property was impossible. Misle v. Miller, 176 Neb. 113, 125 N.W.2d 512 (1963).Wheat outside the state was taxable at domicile of owner in this state where it had not acquired permanent situs elsewhere. Ainsworth v. County of Fillmore, 166 Neb. 779, 90 N.W.2d 360 (1958).Requirement of filing of personal tax schedule at future date did not create present actual controversy for adjudication under Declaratory Judgments Act. Miller v. Stolinski, 149 Neb. 679, 32 N.W.2d 199 (1948).A conditional sales contract executed before November 1 is superior to statutory tax liens of prior years but inferior to such tax liens for subsequent years. Landis Machine Co. v. Omaha Merchants Transfer Co., 142 Neb. 389, 9 N.W.2d 198 (1943).If information as to amount and character of his personal property is refused by taxpayer, his appeal from valuation fixed by board should be dismissed. Hatcher & Co. v. Gosper County, 95 Neb. 543, 145 N.W. 993 (1914).The word credits means net credits. Indebtedness may be deducted from gross credits to find true value for assessment. Scandinavian Mut. Aid Assn. v. Kearney County, 81 Neb. 468, 116 N.W. 155 (1908); Oleson v. Cuming County, 81 Neb. 209, 115 N.W. 783 (1908); Royal Highlanders v. State, 77 Neb. 18, 108 N.W. 183 (1906).Expression money deposited in bank includes money on general deposit. Critchfield v. Nance County, 77 Neb. 807, 110 N.W. 538 (1906).The other items named in schedule are not to be considered as credits. Lancaster County v. McDonald, 73 Neb. 453, 103 N.W. 78 (1905).