Improvement to Imagine Nebraska Act for Waste Treatment & Disposal Facilities The state amended the Imagine Nebraska Act to allow certain Waste Treatment and Disposal Facilities to qualify for incentives under the Imagine Nebraska Act. The Imagine Nebraska Act was enacted in 2021 as the successor to the 2005 Nebraska Advantage Act, which itself was the successor to the 1987 Employment and Investment Growth Act (LB775). The addition of this new qualified business activity provides a solid indication that Nebraska is willing to continue to develop its principal incentive platform. Impact of This Change: This change is intended to allow an additional industry to earn Imagine Nebraska incentives, which shows Nebraska is committed to ongoing enhancement of its main overall incentive platform. Additional Changes The Legislature also passed the following changes that impact Nebraska’s overall business climate: The state created a state income tax credit for retail stores that sell biodiesel. The state will direct taxes collected on the sale of aircraft to a specific fund that will be used to construct, repair, and improve infrastructure at Nebraska’s airports. The state authorized Nebraska’s highway commission to issue bonds to facilitate more rapid completion of highway construction. The state revised Nebraska’s tax sale certificate process to require grantees of tax deeds to pay any surplus, using either the property’s assessed value or its sale price, to the prior owner of the property. This is intended to address an unfair loss of equity by the previous owner. Impact of These Changes: Each of the incentive changes is intended to drive additional economic activity to the state, whether it be through direct financial assistance or the support of improved infrastructure. The revisions to Nebraska’s tax sale certificate process are intended to support the property rights of its citizens by eliminating a potentially unfair—and unconstitutional—property seizure. These improve Nebraska’s overall competitiveness. A Look Ahead The Legislature considered, but did not adopt, the following proposals for improving Nebraska’s business climate. Most of these were rejected due to their projected cost. State Income Tax Deduction for Property Taxes Not Deductible Under Federal Law The Legislature did not adopt a proposal that would have allowed Nebraskans to deduct, from their Nebraska taxable income, the portion of their property taxes that they could not deduct on their federal return. For example, assume that an individual paid $10,000 in Nebraska income taxes and an additional $9,000 in property taxes. That individual could only deduct the $10,000 of Nebraska income taxes as an itemized deduction on their Nebraska income tax return. Under this proposal, the individual could have deducted the $9,000 in property taxes on their Nebraska return. Remote Employees The Legislature did not adopt a proposal to create a 30-day filing and withholding threshold for both remote employees and their employers. Remote employees who work for a short time in Nebraska—and primarily in another state—would not have owed Nebraska taxes until they are present for more than 30 days in Nebraska. In addition, employers would not have needed to withhold state income taxes until the 30-day threshold was exceeded. In addition, the Legislature did not adopt a proposal that would have confirmed that non-Nebraskans are not subject to Nebraska’s income tax if they do not travel into Nebraska. Nebraska is one of a few states that impose Nebraska income tax on individuals for income earned from Nebraska businesses even if that work is performed remotely. Full Expensing of Research & Development Assets The Legislature did not adopt a proposal which would have allowed businesses that spend on machinery and equipment used in research and experimentation to fully expense those assets in the year purchased. A Great Step Forward These tax and incentive changes were the result of efforts by many members of the Nebraska business community from around our great state, such as the Nebraska Chamber of Commerce and the Greater Omaha Chamber of Commerce. These tax and incentive changes, led by Governor Jim Pillen and enacted by the Nebraska Legislature, collectively enhance Nebraska’s overall competitiveness in attracting and retaining businesses and workforce to Nebraska, impacting each of the state and local site selection features highlighted above. As Governor Pillen has stated: “Our tax policy chases our kids and grandparents out of the state. We can’t grow Nebraska that way.” Business climate is never a static dynamic. Let’s continue to encourage our business and Nebraska’s leadership to continue to press for even further improvements as today’s competition quickly changes into the future. The updated “Nebraska Business Expansion Decision Guide” may be downloaded at www.NebraskaStateTax.com, or you may email us for printed hard copies. Nick Niemann and Matt Ottemann are partners with McGrath North Law Firm. As state and local tax and incentives attorneys, they collaborate with CPAs to help clients and companies evaluate, defend, and resolve tax matters and obtain various business expansion incentives. For more information, go to www.NebraskaStateTax.com and www.NebraskaIncentives.com. For a copy of their full publications, “The Anatomy of Resolving State Tax Matters” or the “Nebraska Business Expansion Decision Guide,” visit their websites or contact them at (402) 341-3070 or at nniemann@mcgrathnorth.com or mottemann@mcgrathnorth.com, respectively. 22 Nebraska CPA
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