77-2005. Inheritance tax; rate; transfer to remote relatives; exemption.
291 words·~1 min read·
/ne/chapter-77/77-2005A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)In the case of an uncle, aunt, niece, or nephew related to the deceased by blood or legal adoption, or other lineal descendant of the same, or the spouse or surviving spouse of any of such persons, the rate of tax shall be:
(a)For decedents dying prior to January 1, 2023, thirteen percent of the clear market value of the property received by each person in excess of fifteen thousand dollars; and
(b)For decedents dying on or after January 1, 2023, eleven percent of the clear market value of the property received by each person in excess of forty thousand dollars.
(2)If the clear market value of the beneficial interest is less than or equal to the applicable exempt amount under subsection
(1)of this section, it shall not be subject to tax. In addition, any interest passing to a person described in subsection
(1)of this section who is under twenty-two years of age shall not be subject to tax.
Section 77-2005.01 expands the operation of section 77-2004 and this section, extending the same tax treatment to the relatives of a former spouse to whom the deceased person was married at the time of the spouse's death, but in no sense conflicts with either of the other two statutes. In re Estate of Morse, 241 Neb. 40, 486 N.W.2d 195 (1992).
The Legislature may properly distinguish inheritance tax laws in favor of blood relations, since such distinction is neither arbitrary nor unconstitutionally ambiguous. Ralston v. County of Dawson, 200 Neb. 678, 264 N.W.2d 868 (1978).
A more burdensome tax is imposed in the case of named remote relatives by blood or legal adoption. Todd v. County of Box Butte, 169 Neb. 311, 99 N.W.2d 245 (1959).