Nebraska
NE · state · 19 cited facts
| Category | Provision | Value | Source |
|---|---|---|---|
| trust-nexus | Incomplete-gift nongrantor trust / ING (income tax reach) | REACHED, the hardest wall: reg 23-001 states the trust 'is a resident trust even though the situs of the trust, the property held in trust, or the trustee are located in another state'; no post-Kaestner concession exists | sources (1)Neb. Rev. Stat. 77-2714.01(6)(c); 316 Neb. Admin. Code ch. 23, 001 · high confidence · as of 2026-07-13 · TY 2026 Nebraska taxes a resident settlor's irrevocable trust permanently, expressly regardless of situs, trustee, or administration Resident estate or trust shall mean ... (c) a trust or portion of a trust consisting of the property of an individual domiciled in this state at the time such individual may no longer exercise the power to revest title to such property in himself or herself. Note: The analogous settlor-forever rules fell as applied in Fielding (MN) and McNeil (PA), but Kaestner expressly distinguished settlor-based statutes and the ING's retained powers strengthen Nebraska's contacts. https://nebraskalegislature.gov/laws/statutes.php?statute=77-2714.01 |
| rate | Top income tax rate (TY2026) | 4.55% top rate, graduated (down from 5.20% TY2025; 3.99% scheduled TY2027) | sources (1)Neb. Rev. Stat. §77-2715.03 · high confidence · as of 2026-06-27 · TY 2026 Nebraska top income tax rate is 4.55% for TY2026 (v) 4.55% for taxable years beginning or deemed to begin on or after January 1, 2026, and before January 1, 2027; Note: Statutorily scheduled reduction in Neb. Rev. Stat. §77-2715.03(2)(c), clause (v). Verbatim clause extracted from nebraskalegislature.gov. Applies to the top bracket (above $77,730 MFJ for TY2025; TY2026 thresholds CPI-indexed). TY2027 top rate is 3.99%. https://nebraskalegislature.gov/laws/statutes.php?statute=77-2715.03 |
| rate | Top income tax rate (TY2025) | 2.46% / 3.51% / 5.01% / 5.20% graduated (5.20% above $77,730 MFJ) | sources (1)Neb. Rev. Stat. §77-2715.03 · high confidence · as of 2026-06-27 · TY 2025 Nebraska top income tax rate is 5.20% for TY2025 (falling to 4.55% TY2026, 3.99% TY2027) (iv) 5.20% for taxable years beginning or deemed to begin on or after January 1, 2025, and before January 1, 2026; Note: Neb. Rev. Stat. §77-2715.03(2)(c) enumerates the top-bracket rate by year; clause (iv) sets the TY2025 top rate at 5.20% (above $77,730 MFJ). Verbatim clause extracted from nebraskalegislature.gov. Scheduled reductions in the same subsection: 4.55% (TY2026, clause (v)); 3.99% (TY2027). https://nebraskalegislature.gov/laws/statutes.php?statute=77-2715.03 |
| rate | Top income tax rate (TY2024) | 5.84% top rate, graduated (fell to 5.20% in TY2025) | sources (1)Neb. Rev. Stat. §77-2715.03 (TY2024) · high confidence · as of 2026-06-21 · TY 2024 Nebraska top income tax rate is 5.84% for TY2024 5.84% for taxable years beginning or deemed to begin on or after January 1, 2024, and before January 1, 2025. Note: TY2024 top rate per the scheduled reductions in Neb. Rev. Stat. §77-2715.03; fell to 5.20% in TY2025. https://nebraskalegislature.gov/laws/statutes.php?statute=77-2715.03 |
| conformity | Loss carryforward | Conforms to IRC §1212 indefinite federal carryforward applies | sources (1)IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025 IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year. Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim |
| muni-instate | In-state muni bond interest | Exempt: Neb. Rev. Stat. §77-2716(1)(c) addition is limited to other-state obligations; NE bonds not added back | sources (1)Neb. Rev. Stat. §77-2716(1)(c) · high confidence · as of 2026-06-18 · TY 2025 NE taxes out-of-state muni bond interest; NE bonds exempt Neb. Rev. Stat. §77-2716(1)(c) There shall be added interest or dividends received by the owner of obligations of the District of Columbia, other states of the United States, or their political subdivisions, authorities, commissions, or instrumentalities to the extent excluded in the computation of gross income for federal income tax purposes except that such interest or dividends shall not be added if received by a corporation which is a regulated investment company.https://nebraskalegislature.gov/laws/statutes.php?statute=77-2716 |
| muni-outstate | Out-of-state muni bond interest | Taxable: Neb. Rev. Stat. §77-2716(1)(c): 'interest or dividends ... of any state other than Nebraska' added to NE income | sources (1)Neb. Rev. Stat. §77-2716(1)(c) · high confidence · as of 2026-06-18 · TY 2025 NE taxes out-of-state muni bond interest; NE bonds exempt Neb. Rev. Stat. §77-2716(1)(c) There shall be added interest or dividends received by the owner of obligations of the District of Columbia, other states of the United States, or their political subdivisions, authorities, commissions, or instrumentalities to the extent excluded in the computation of gross income for federal income tax purposes except that such interest or dividends shall not be added if received by a corporation which is a regulated investment company.https://nebraskalegislature.gov/laws/statutes.php?statute=77-2716 |
| qoz-conformity | QOZ conformity (IRC §1400Z-2) | Conforms to IRC §1400Z-2 QOZ gain deferral and exclusion (inferred from rolling IRC conformity under §77-2714) | sources (1)Neb. Rev. Stat. §77-2714 · high confidence · as of 2026-06-22 · TY 2025 Nebraska conforms to IRC §1400Z-2 QOZ gain deferral and exclusion Any reference to the laws of the United States shall mean the provisions of the Internal Revenue Code of 1986, and amendments thereto, other provisions of the laws of the United States relating to federal income taxes, and the rules and regulations issued under such laws, as the same may be or become effective, at any time or from time to time, for the taxable year. Note: Neb. Rev. Stat. §77-2714 establishes rolling IRC conformity: Nebraska adopts federal IRC as amended for the current taxable year. Rolling conformity language 'as the same may be or become effective' for each taxable year incorporates §1400Z-2 QOZ provisions automatically. Verbatim text extracted from nebraskalegislature.gov. https://nebraskalegislature.gov/laws/statutes.php?statute=77-2714 |
| qsbs-conformity | QSBS conformity (IRC §1202) | Conforms to IRC §1202 QSBS gain exclusion via rolling IRC conformity; no addback | sources (1)Neb. Rev. Stat. §77-2714 · medium confidence · as of 2026-06-19 · TY 2025 Nebraska conforms to IRC §1202 QSBS gain exclusion via rolling IRC conformity (§77-2714 adoption date definition) The Internal Revenue Code of 1986, as amended, shall mean the federal Internal Revenue Code as it exists on the Internal Revenue Code adoption date and as the code is amended after such date. Note: Neb. Rev. Stat. §77-2714 defines 'Internal Revenue Code' as the code as it exists on the IRC adoption date and as amended after such date, establishing NE's rolling IRC conformity. QSBS exclusion under IRC §1202 is incorporated absent an explicit addback in §77-2716. https://nebraskalegislature.gov/laws/statutes.php?statute=77-2714 |
| agency-obligations | FNMA/FHLMC bond interest | Taxable: Neb. Rev. Stat. §77-2716(1)(a) subtraction requires interest be 'exempt from state income taxes under the laws of the United States'; FNMA/FHLMC have no federal bondholder exemption statute | sources (1)Neb. Rev. Stat. §77-2716(1)(a) · medium confidence · as of 2026-06-20 · TY 2025 Nebraska subtraction for U.S. obligation interest requires exemption from state income taxation under federal law; FNMA and FHLMC have no such federal bondholder exemption There shall be subtracted from federal adjusted gross income any interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent exempt from state income taxes under the laws of the United States. Note: Neb. Rev. Stat. §77-2716(1)(a) requires the income be 'exempt from state income taxes under the laws of the United States.' FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) have no bondholder exemption statute. No NE DOR named-entity publication found; confidence: medium. https://nebraskalegislature.gov/laws/statutes.php?statute=77-2716 |
| dividend-qualified | Qualified dividend rate (IRC §1(h)(11)) | Ordinary rate: Nebraska has no IRC §1(h)(11) preferential rate; qualified dividends taxed at ordinary rates (top 4.55% TY2026, 3.99% TY2027 per §77-2715.03) | sources (1)Neb. Rev. Stat. §77-2715.03 · high confidence · as of 2026-06-27 · TY 2025 Nebraska top income tax rate is 5.20% for TY2025 (falling to 4.55% TY2026, 3.99% TY2027) (iv) 5.20% for taxable years beginning or deemed to begin on or after January 1, 2025, and before January 1, 2026; Note: Neb. Rev. Stat. §77-2715.03(2)(c) enumerates the top-bracket rate by year; clause (iv) sets the TY2025 top rate at 5.20% (above $77,730 MFJ). Verbatim clause extracted from nebraskalegislature.gov. Scheduled reductions in the same subsection: 4.55% (TY2026, clause (v)); 3.99% (TY2027). https://nebraskalegislature.gov/laws/statutes.php?statute=77-2715.03 |
| treasury | U.S. Treasury interest | Exempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds) | sources (1)31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025 U.S. Treasury interest exempt from Nebraska income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax. Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124 |
| fhlb-ffcb | FHLB and FFCB bond interest | Exempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities | sources (2)12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025 FHLB and FFCB bond interest exempt from Nebraska income tax: federal enabling statutes mandate state tax exemption Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority. Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025 Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124). Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim |
| carryback | Capital loss carryback | None: IRC §1212(b) provides carryforward only for non-corporate taxpayers; no carryback to prior years | sources (1)IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025 IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year. Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim |
| character | Long-term capital gains treatment | Ordinary rate: no preferential long-term rate; capital gains taxed as ordinary income at the schedule top rate (4.55% TY2026, 3.99% TY2027; Neb. Rev. Stat. §77-2715.03, §77-2715.07) | sources (1)Neb. Rev. Stat. §77-2715.03 · high confidence · as of 2026-06-27 · TY 2025 Nebraska top income tax rate is 5.20% for TY2025 (falling to 4.55% TY2026, 3.99% TY2027) (iv) 5.20% for taxable years beginning or deemed to begin on or after January 1, 2025, and before January 1, 2026; Note: Neb. Rev. Stat. §77-2715.03(2)(c) enumerates the top-bracket rate by year; clause (iv) sets the TY2025 top rate at 5.20% (above $77,730 MFJ). Verbatim clause extracted from nebraskalegislature.gov. Scheduled reductions in the same subsection: 4.55% (TY2026, clause (v)); 3.99% (TY2027). https://nebraskalegislature.gov/laws/statutes.php?statute=77-2715.03 |
| inheritance-rate | Inheritance tax top rate (TY2025) | Class 1 (children, parents, siblings, spouses): 1% on value over $100,000. Class 2 and Class 3 rates vary; see §§ 77-2005, 77-2006 (Neb. Rev. Stat. §§ 77-2004 to 77-2006, as amended by LB310) | sources (1)Neb. Rev. Stat. §§ 77-2004, 77-2005, 77-2006 (as amended by LB310, effective January 1, 2023) · high confidence · as of 2026-07-06 · TY 2025 Nebraska inheritance tax: Class 1 (immediate relatives) 1% over $100,000; Class 2 (remote relatives) 11% over $40,000; Class 3 (others) 15% over $25,000 (TY2025) fifteen percent of the clear market value of the beneficial interests received by each person in excess of twenty-five thousand dollars Note: Rates and thresholds per LB310 (enacted 2022, effective January 1, 2023). Class 1 (parents, grandparents, siblings, children, adopted children, lineal descendants, spouses): 1% over $100,000 (Neb. Rev. Stat. § 77-2004). Class 2 (uncles, aunts, nieces, nephews by blood/adoption and their spouses): 11% over $40,000 (§ 77-2005). Class 3 (all others): 15% over $25,000 (§ 77-2006). Additional exemption for beneficiaries under age 22. URL resolves to a range display covering §§77-2001 through 77-2040; §77-2004 is within this range. https://nebraskalegislature.gov/laws/statutes.php?statute=77-2006 |
| filing-status-doubled | MFJ brackets double Single brackets | Yes: Nebraska 2025 Tax Calculation Schedule (Form 8-460-2025) shows MFJ bracket thresholds exactly double Single thresholds at all four bracket boundaries (marriage neutral on graduated schedule) | sources (1)Nebraska 2025 Tax Calculation Schedule (Form 8-460-2025), Nebraska Department of Revenue · medium confidence · as of 2026-07-02 · TY 2025 Nebraska income tax: MFJ bracket thresholds are exactly double Single thresholds (marriage neutral) Single: $0 $4,030 2.46% of Nebraska Taxable Income... 38,870 ;; $1,543.28 + 5.20% of the excess over $38,870 ; MFJ: $0 $8,040 2.46%... 77,730 ;; $3,086.10 + 5.20% of the excess over $77,730 Note: Nebraska Form 8-460 TY2025: each MFJ threshold ($8,040 / $77,730) is exactly double the single threshold ($4,030 / $38,870) at the same marginal rates, so the schedule is marriage neutral. https://revenue.nebraska.gov/sites/default/files/doc/tax-forms/2025/2025_Tax_Calculation_Schedule.pdf |
| marital-udcprda | State adopted Uniform Disposition of Community Property Rights Act | Yes: Nebraska enacted the Uniform Community Property Disposition at Death Act (Neb. Rev. Stat. §§30-4701 to 30-4715, effective July 19, 2024); recognizes community property character of assets from CP-state marriages | sources (1)Neb. Rev. Stat. §30-4701 · high confidence · as of 2026-06-22 · TY 2025 Nebraska Uniform Community Property Disposition at Death Act short title (effective July 19, 2024) Sections 30-4701 to 30-4715 shall be known and may be cited as the Uniform Community Property Disposition at Death Act. Note: Nebraska enacted the Uniform Community Property Disposition at Death Act (LB 1015, eff. July 19, 2024). Nebraska is a common-law property state. The Act recognizes and preserves the community property character of assets when a married couple relocates from a community property state. https://nebraskalegislature.gov/laws/statutes.php?statute=30-4701 |
| migration-loss-conformity | Migration loss carryforward conformity | Full conform (structural inference): Nebraska computes its income tax from the federal base, so an imported federal section 1212 capital-loss carryforward flows through to offset post-residency gains; no published guidance addresses the imported pre-residency carryforward. | sources (1)Neb. Rev. Stat. §77-2716(1) · medium confidence · as of 2026-07-03 · TY 2025 Nebraska conforms to the federal capital-loss base; treatment of an imported pre-residency section 1212 carryforward is a structural inference The following adjustments to federal adjusted gross income or, for corporations and fiduciaries, federal taxable income shall be made for interest or dividends received: Note: Neb. Rev. Stat. §77-2716 makes its adjustments to federal adjusted gross income, so Nebraska starts from the federal base and the section 1212 capital-loss carryover flows through. No published guidance addresses the imported pre-residency carryforward; that piece stays a structural inference. https://nebraskalegislature.gov/laws/statutes.php?statute=77-2716 |