Neb. Admin. Code § 316-24-063 — Adjustments of Income Taxable in Another State

063.01 Whenever the income of a corporate taxpayer, a member of a unitary group, or the unitary group which is taxable in another state for any taxable year, is changed or corrected in a way material to the tax liability owed to this state, the change must be reported to the Nebraska Department of Revenue (Department) within 60 days after the final determination of the change. 063.01A Reportable changes include changes made by any competent taxing authority of the other state. 063.01B When reporting any change, the taxpayer must furnish the Department complete information regarding the amount of income reported and taxes paid to the other state. The report must also concede the accuracy of the final determination or give a statement outlining the specific errors of the final determination. 063.02 Any adjustments made by amended returns filed with another state or by another state's taxing authority must be reported to the Department by filing an Amended Nebraska Corporation Income Tax Return, Form 1120XN, for the taxable year involved. The amended return for Nebraska must be filed within 60 days after filing the amended return for the other state, and must include copies of any report issued by the taxing authority of the other state. 063.03 Each amended return for Nebraska must be filed separately and cannot be attached to a return for another taxable year. Any additional tax that is due must be paid when the amended return is filed. 063.04 The following acts are considered a final determination: 063.04A A decision by a tax court or a judgment, decree, or other order by a court of competent jurisdiction which has become final; 063.04B A closing agreement or settlement agreement which relates either to the total tax liability, or to one or more separate items affecting Nebraska tax liability; 063.04C A final disposition of a claim for a refund by the other state's taxing authority; 063.04D Any informal agreement between the corporate taxpayer, or a member of a unitary group, and the taxing authority of the other state made for the express purpose of determining the tax liability of the taxpayer. To be considered a final determination, the agreement must include a waiver of restrictions on assessment and the collection of any deficiencies resulting from the agreement; or 063.04E Any other final judgment causing changes in reported taxable income. 063.05 If a taxpayer fails to report any change or correction which would increase its Nebraska income tax liability, or fails to file an amended Nebraska return as required by this regulation, the Tax Commissioner may mail the taxpayer a notice of deficiency at any time. If a taxpayer properly reports any change to its taxable income by another state, the Tax Commissioner must make an assessment relating to the change within two years after the report or amended return was filed. 063.06 The amended return reporting a change that results in an overpayment of tax for Nebraska is a claim for credit or refund. 063.06A The amount of the credit or refund cannot exceed the amount of the Nebraska tax attributable to the change or correction in the taxable income for the other state, or the items amended on the other state's return. 063.06B If the amended return is not filed within 60 days after the final determination of the change, interest will not accrue after the 60th day. 063.06C If the amended return is not filed within two years and 60 days after the final determination of the change, or within ten years after the due date of the original return, whichever is earlier, no credit or refund will be granted. (Neb. Rev. Stat. §§ 77-2774, 77-2775, 77-2786, and 77-2793. July 3, 2013.) Back to Top Resources Useful Links Legal Information IRS Information Motor Fuels Nebraska Lottery Charitable Gaming Contact Nebraska Department of Revenue PO Box 94818 Lincoln, NE 68509-4818 402-471-5729 800-742-7474 NE and IA Contact Us Other Locations Norfolk, NE North Platte, NE Omaha, NE © 2026 State of Nebraska Powered by Tyler Technologies Nebraska.gov Policies Login