77-2794 Income tax; overpayment; interest. - Nebraska Statutes

77-2794. Income tax; overpayment;interest.(1) Under regulations prescribed by theTax Commissioner interest shall be allowed and paid at the rate specifiedin section 45-104.02, as such rate may from time to time be adjusted, uponany overpayment in respect to the income tax imposed by the Nebraska RevenueAct of 1967.(2) For purposes of this section:(a) The date of overpayment shall be the last day prescribedfor filing the original return of such tax;(b) Any return filed before the last day prescribed for thefiling thereof, determined without regard to any extension of time to filethe return, shall be considered as filed on such last day;(c) Any tax paid by the taxpayer before the last day prescribedfor its payment, any income tax withheld from the taxpayer during any calendaryear, and any amount paid by the taxpayer as estimated income tax for a taxableyear shall be deemed to have been paid on the last day prescribed for filingthe return for the taxable year to which such amount constitutes a creditor payment, determined without regard to any extension of time granted thetaxpayer;(d) If at the time an overpayment is to be refunded, the taxpayeralso has a reported underpayment of the same tax in another year: (i) If theoverpayment is for a taxable year ending before the year of underpayment,the overpayment shall be applied to reduce such underpayment as of the lastday prescribed for filing the original return of such tax for the year ofunderpayment; (ii) if the overpayment is for a taxable year ending after theyear of underpayment, the overpayment shall be applied to reduce such underpaymentas of the last day prescribed for filing the original return of such tax forthe year of overpayment; or (iii) if the overpayment is one for which interestis not allowed under this section, the overpayment shall be applied as ofthe date of the filing of the claim for refund; and interest shall be allowedfor any remaining overpayment as provided in subdivision (a) of this subsection;(e) The period of overpayment during which interest shallbe allowed shall not include any period during which the overpayment continueddue to the unreasonable delay by the taxpayer in filing the claim for refund.For this purpose, the burden of proof shall be on the taxpayer to show thata delay of more than ninety days after all of the facts required to preparea correct claim for refund are available is not unreasonable; and(f) The period of overpayment during which interest shallbe allowed shall not include any period during which an agreement betweenthe taxpayer and the Internal Revenue Service was not filed as required bysubsection (6) of section 77-2786 and the first ninety days after such agreementis filed.(3)(a) Except as provided in subdivision(b) of this subsection, if any overpayment of income tax imposedby the Nebraska Revenue Act of 1967 is refunded within ninety days after thelast date prescribed, or permitted by extension of time, for filing the returnof such tax or within ninety days after any original return, and any amendedreturn filed to carry back a loss, wasfiled, whichever is later, no interest shall be allowed under this sectionon overpayment.(b) If the Tax Commissioner approves andimplements an electronic form or method for filing the return and the returnis not filed electronically, no interest shall be allowed under this sectionon overpayment.(c) In the case of amendedreturns filed for any reason other than to carry back a loss, interest shallbe allowed as provided in subsection (1) of this section. SourceLaws 1967, c. 487, § 94, p. 1616; Laws 1981, LB 167, § 54; Laws 1991, LB 240, § 3; Laws 1992, Fourth Spec. Sess., LB 1, § 38; Laws 1993, LB 345, § 71; Laws 1996, LB 1041, § 8; Laws 2004, LB 955, § 2; Laws 2008, LB915, § 5; Laws 2010, LB879, § 14.Operative Date: January 1, 2011