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12/17/2013
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12/17/2013
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Nebraska Legislature Page 1 of 1 <br /> Revised Statutes» Chapter 77» 77-1233.06 77-1233.06.Taxable <br /> tangible personal <br /> property tax valuation or <br /> Print Friendlvpenalty;appeal; procedure; collection procedures. <br /> For purposes of section 77-1233.04: <br /> (1)The county assessor shall notify the taxpayer,on a form prescribed by the Tax Commissioner,of the action taken, <br /> the penalty,and the rate of interest.The notice shall also state the taxpayer's appeal rights and the appeal procedures. <br /> Such notice shall be given by first-class mail addressed to such taxpayer's last-known address.The entire penalty and <br /> interest shall be waived if the omission or failure to report any item of taxable tangible personal property was for the <br /> reason that the property was timely reported in the wrong tax district; <br /> (2)The taxpayer may appeal the action of the county assessor,either as to the valuation or the penalties imposed,to <br /> the county board of equalization within thirty days after the date of notice.The taxpayer shall preserve his or her appeal <br /> by filing a written appeal with the county clerk in the same manner as prescribed for protests in section 77-1502. The <br /> action of the county assessor shall become final unless a written appeal is filed within the time prescribed; <br /> (3)The action of the county board of equalization,in an appeal of the penalties imposed, shall be limited to correcting <br /> penalties which were wrongly imposed or incorrectly calculated. The county board of equalization shall have no authority <br /> to waive or reduce any penalty which was correctly imposed and calculated. The entire penalty and interest on the penalty <br /> shall be waived if the omission or failure to report any item of taxable tangible personal property was for the reason that <br /> the property was timely reported in the wrong tax district; <br /> (4)Upon ten days'notice to the taxpayer,the county board of equalization shall set a date for hearing the appeal of the <br /> taxpayer. The county board of equalization shall make its determination on the appeal within thirty days after the date of <br /> hearing.The county clerk shall,within seven days after the determination of the county board, send notice to the taxpayer <br /> and the county assessor, on forms prescribed by the Tax Commissioner,of the action of the county board.Appeal may be <br /> taken within thirty days after the decision of the county board of equalization to the Tax Equalization and Review <br /> Commission;and <br /> (5)Taxes and penalties assessed for the current year,if not delinquent, shall be certified to the county treasurer and <br /> collected as if the property had been properly reported for taxation, except that separate tax statements may be mailed. <br /> Taxes and penalties assessed for the current year, if delinquent,and taxes and penalties assessed for prior years shall be <br /> certified to the county treasurer, and the taxes,penalties,and interest thereon shall be due and collectible immediately <br /> upon certification. Collection procedures shall be started immediately regardless of the provisions of any other statute to <br /> the contrary. <br /> Source <br /> Laws 1997,LB 270,§ 55; <br /> Laws 1999,LB 194,§ 13; <br /> Laws 2007,LB334, §53; <br /> Laws 2008,LB965,§ 12. <br /> http://uniweb.legislature.ne.gov/laws/statutes.php?statute=77-1233.06 1/7/2014 <br />
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