77-2714.01. Terms, defined.

476 words·~2 min read·/ne/chapter-77/77-2714-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in sections 77-2714 to 77-27,123 , unless the context otherwise requires:

(1)Nebraska adjusted gross income shall mean

(a)for resident individuals, their federal adjusted gross income as modified in section 77-2716 and

(b)for nonresident individuals and partial-year resident individuals, the portion of the federal adjusted gross income that is derived from or connected with sources within this state as provided in section 77-2715 ;

(2)Nebraska taxable income shall mean

(a)for resident individuals, the amount of income subject to tax and

(b)for nonresident individuals and partial-year resident individuals, the amount of income on which the tax will be computed, before the proration contained in subsection

(3)of section 77-2715 to determine the tax attributable to income from sources within this state;

(3)Nonresident estate or trust shall mean an estate or trust that is not a resident estate or trust;

(4)Nonresident individual shall mean an individual who is not a resident of this state at any time during the taxable year;

(5)Partial-year resident individual shall mean an individual who is a resident of this state during any part of the taxable year and a nonresident of this state the rest of the year;

(6)Resident estate or trust shall mean

(a)the estate of a decedent who at his or her death was domiciled in this state,

(b)a trust or portion of a trust consisting of property transferred by the will of a decedent who at his or her death was domiciled in this state, or

(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; and

(7)Resident individual shall mean an individual who is domiciled in Nebraska or who maintains a permanent place of abode in this state and spends in the aggregate more than six months of the taxable year in this state.

Where facts are conflicting or where there is any reasonable doubt, the presumption is in favor of an original, or former, domicile, as against an acquired one. Acklie v. Nebraska Dept. of Rev., 313 Neb. 28, 982 N.W.2d 228 (2022).

An individual's subjective intent is not dispositive of domicile if a limited visa of a foreign country is intended to restrict intent, for an intent inconsistent with law is unrealistic and insufficient to establish a domicile. Houghton v. Nebraska Dept. of Rev., 308 Neb. 188, 953 N.W.2d 237 (2021).

To acquire a domicile by choice, there must be both

(1)residence through bodily presence in the new locality and

(2)an intention to remain there; to change domicile, there must be an intention to abandon the old domicile. Houghton v. Nebraska Dept. of Rev., 308 Neb. 188, 953 N.W.2d 237 (2021).