77-2756 Income tax; employer or payor; withholding for tax. - Nebraska Statutes

77-2756. Income tax; employeror payor; withholding for tax.(1) Except as providedin subsection (2) of this section, every employer or payor required to deductand withhold income tax under the Nebraska Revenue Act of 1967 shall, foreach calendar quarter, on or before the last day of the month following theclose of such calendar quarter, file a withholding return as prescribed bythe Tax Commissioner and pay over to the Tax Commissioner or to a depositarydesignated by the Tax Commissioner the taxes so required to be deducted andwithheld in such form and contentas the Tax Commissioner may prescribe and containing such information as theTax Commissioner deems necessary for the proper administration of the NebraskaRevenue Act of 1967. When the aggregate amount required to bededucted and withheld by any employer or payor for either the first or secondmonth of a calendar quarter exceeds five hundred dollars, the employer orpayor shall, by the fifteenth day of the succeeding month, pay over such aggregateamount to the Tax Commissioner or to a depositary designated by the Tax Commissioner.The amount so paid shall be allowed as a credit against the liability shownon the employer's or payor's quarterly withholding return required by thissection. The Tax Commissioner may, by rule and regulation, provide for thefiling of returns and the payment of the tax deducted and withheld on otherthan a quarterly basis.(2) When the aggregate amount required to be deducted andwithheld by any employer or payor for the entire calendar year is less thanfive hundred dollars or the employer or payor is allowed to file federal withholdingreturns annually, the employer or payor shall, for each calendar year, onor before the last day of the month following the close of such calendar year,file a withholding return as prescribed by the Tax Commissioner and pay overto the Tax Commissioner or to a depositary designated by the Tax Commissionerthe taxes so required to be deducted and withheld in such form and content as the Tax Commissioner may prescribeand containing such information as the Tax Commissioner deems necessary forthe proper administration of the Nebraska Revenue Act of 1967.The employer or payor may elect or the Tax Commissioner may require the filingof returns and the payment of taxes on a quarterly basis.(3) Whenever any employer or payor fails to collect, truthfullyaccount for, pay over, or make returns of the income tax as required by thissection, the Tax Commissioner may serve a notice requiring such employer orpayor to collect the taxes which become collectible after service of suchnotice, to deposit such taxes in a bank approved by the Tax Commissioner ina separate account in trust for and payable to the Tax Commissioner, and tokeep the amount of such tax in such account until paid over to the Tax Commissioner.Such notice shall remain in effect until a notice of cancellation is servedby the Tax Commissioner.(4) Any employer or payor may appoint an agent in accordancewith section 3504 of the Internal Revenue Code of 1986, as amended, for thepurpose of withholding, reporting, or making payment of amounts withheld onbehalf of the employer or payor. The agent shall be considered an employeror payor for purposes of the Nebraska Revenue Act of 1967 and, with the actualemployer or payor, shall be jointly and severally liable for any amount requiredto be withheld and paid over to the Tax Commissioner and any additions totax, penalties, and interest with respect thereto.(5) The employer or payor shall also file on or before February 1 of the succeeding year a copy ofeach statement furnished by such employer or payor to each employee or payeewith respect to taxes withheld on wages or payments subject to withholding.Any employer, payor, or agent who furnished more than fifty statements for a year shallfile the required copies electronically in a manner approved by the Tax Commissionerthat is compatible with federal electronic filing requirements or methods. SourceLaws 1967, c. 487, § 56, p. 1596; Laws 1984, LB 962, § 21; Laws 1988, LB 1064, § 2; Laws 1997, LB 62, § 2; Laws 2005, LB 216, § 14; Laws 2007, LB223, § 13; Laws 2010, LB879, § 11.Operative Date: January 1, 2011