Neb. Admin. Code § 316-28-005 — Records

005.01 Every manufacturer, wholesaler, and retailer subject to the litter fee is required to keep records in order to determine the amount of fee due. These records must include the normal books of account ordinarily maintained by the average prudent business manager engaged in a similar activity together with all documents supporting entries in the books of accounts. Schedules and working papers used in the preparation of litter fee returns must be retained. 005.02 The records created at the time of sale may take the form of sales slips, sales invoices, tally sheets, itemized lists, or other memoranda. A cash register tape may be acceptable if it preserves sufficient information. Items may be described by a symbol if the symbol is representative of a class of products which are subject to the fee. If a manufacturer, wholesaler, or retailer sells products which are not subject to the fee in a "Department P" a description of such products as "Department P" is sufficient; provided, the manufacturer, wholesaler, or retailer uses such symbol consistently to describe the same products. However, if a manufacturer, wholesaler, or retailer sells several types of products, including those not subject to the litter fee, in a single department, his records must individually identify the types of products which are subject to the litter fee. A manufacturer, wholesaler, or retailer may report and pay the litter fee on the basis of a percentage of gross proceeds where the gross proceeds from sales of products subject to the litter fee do not exceed 20 percent of his or her total gross proceeds. The percentage reported must reasonably reflect the sale of the products subject to the litter fee. 005.03 The State Tax Commissioner or any person authorized in writing by him may examine the books, papers, records, and equipment of any person to ascertain or verify the accuracy of any return filed, or, if no return is filed by the person, to ascertain and determine the amount required to be paid. Records must be retained for a period not less than three years after the return is filed, unless the Nebraska Department of Revenue, in writing, authorizes their destruction at an earlier date. However, the Department may issue a deficiency determination within five years after any amount of fee is determined due and payable when a return has not been filed. (Sections 81-1559 and 81-1560.01, R.S.Supp., 1981. May 11,1982.)