77-801. Public service entity; furnish information; confidentiality; Property Tax Administrator; duties.

(1) All public service entities shall, on or before April 15 of each year, furnish a statement specifying such information as may be required by the Property Tax Administrator on forms prescribed by the Tax Commissioner to determine and distribute the entity's total taxable value including the franchise value. All information reported by the public service entities, not available from any other public source, and any memorandum thereof shall be confidential and available to taxing officials only. For good cause shown, the Property Tax Administrator may allow an extension of time in which to file such statement. Such extension shall not exceed fifteen days after April 15.

(2) The returns of public service entities shall not be held to be conclusive as to the taxable value of the property, but the Property Tax Administrator shall, from all the information which he or she is able to obtain, find the taxable value of all such property, including tangible property and franchises, and shall assess such property on the same basis as other property is required to be assessed.

(3) The county assessor shall assess all nonoperating property of any public service entity. A public service entity operating within the State of Nebraska shall, on or before January 1 of each year, report to the county assessor of each county in which it has situs all nonoperating property belonging to such entity which is not subject to assessment and assessed by the Property Tax Administrator under section 77-802.

(4) The Property Tax Administrator shall multiply the value of the tangible personal property of each public service entity by the compensating exemption factor calculated in section 77-1238.

Source

Annotations

Examples of property subject to valuation by the Tax Commissioner include railroad personal property and public service entities, including pipelines. John Day Co. v. Douglas Cty. Bd. of Equal., 243 Neb. 24, 497 N.W.2d 65 (1993).

Corporation owning and operating hydro-electric power plant, selling electric energy at its generator, is subject to franchise tax hereunder. Northern Nebraska Power Co. v. Holt County, 120 Neb. 724, 235 N.W. 92 (1931).

Occupation tax and tax upon gross receipts are not double taxation. Nebraska Tel. Co. v. City of Lincoln, 82 Neb. 59, 117 N.W. 284 (1908).

Value of whole property of telegraph company as an entirety should be considered, and the relation which the value of the property in the taxing district bears to the value of the entire property. Western U. T. Co. v. Dodge County, 80 Neb. 18, 113 N.W. 805 (1907).

All items taken together going to make up value of business as going concern should be considered. Nebraska Tel. Co. v. Hall County, 75 Neb. 405, 106 N.W. 471 (1906).

Taxation of franchises must be by valuation and in proportion to value, and gross receipts alone are not proper measure of value. Western U. T. Co. v. City of Omaha, 73 Neb. 527, 103 N.W. 84 (1905).

Gross receipts refers only to gross receipts for business within state. State ex rel. Breckenridge v. Fleming, 70 Neb. 529, 97 N.W. 1063 (1903).

State statute imposing franchise tax on corporation's intangible property in state is not invalid for failure to prescribe method of assessment and taxation, and corporate taxpayer could not object that it failed to provide for allocation and distribution of tax to counties. Western Union Telegraph Co. v. Weaver, 5 F.Supp. 493 (D. Neb. 1932).