Nebraska Revised Statutes

Neb. Rev. Stat. § 77-1233.04 (2026)

Taxable tangible personal property tax returns; change in value; omitted property; procedure; penalty; county assessor; duties

✓ current as of July 2026

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(1) The county assessor shall list and value at net book value any item of taxable tangible personal property omitted from a personal property return of any taxpayer. The county assessor shall change the reported valuation of any item of taxable tangible personal property listed on the return to conform the valuation to net book value. If a taxpayer fails or refuses to file a personal property return, the assessor shall, on behalf of the taxpayer, file a personal property return which shall list and value all of the taxpayer's taxable tangible personal property at net book value. The county assessor shall list or change the valuation of any item of taxable tangible personal property for the current taxing period and the three previous taxing periods or any taxing period included therein.

(2) The taxable tangible personal property so listed and valued shall be taxed at the same rate as would have been imposed upon the property in the tax district in which the property should have been returned for taxation.

(3) Any valuation added to a personal property return or added through the filing of a personal property return, after May 1 and on or before June 30 of the year the property is required to be reported, shall be subject to a penalty of ten percent of the tax due on the value added.

(4) Any valuation added to a personal property return or added through the filing of a personal property return, on or after July 1 of the year the property is required to be reported, shall be subject to a penalty of twenty-five percent of the tax due on the value added.

(5) Interest shall be assessed upon both the tax and the penalty at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, from the date the tax would have been delinquent until paid.

(6) Whenever valuation changes are made to a personal property return or a personal property return is filed pursuant to this section, the county assessor shall correct the assessment roll and tax list, if necessary, to reflect such changes. Such corrections shall be made for the current taxing period and the three previous taxing periods or any taxing period included therein. If the change results in a decreased taxable valuation on the personal property return and the personal property tax has been paid prior to a correction pursuant to this section, the taxpayer may request a refund of the tax in the same manner prescribed in section 77-1734.01, except that such request shall be made within three years after the date the tax was due.

Notes of Decisions

Cited in 5 cases, 1993–2015 · leading case: Cargill Meat Solutions v. Colfax Cty. Bd. of Equal. (Neb. 2015).

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Cargill Meat Solutions v. Colfax Cty. Bd. of Equal. (Neb. 2015). · cites it 9× “5 See Neb. Rev. Stat. § 77-1233.04 (1) (Cum. Supp.”

Boone Cnty. Bd. of Equalization v. Nebraska Tax Equalization & Review Comm'n, 611 N.W.2d 119 (Neb. Ct. App. 2000). “Property Tax Administrator determining the taxable property of a railroad company, car company, public service entity, or air carrier within the state; (4) Decisions of the Property Tax Administrator determining adjusted valuation pursuant to section 79-1016; (5) Decisions of…”

Helvey v. Dawson Cnty. Bd. of Equalization, 495 N.W.2d 261 (Neb. 1993). “1984), recodified as § 77-1233.04 (Reissue 1990). Their assessment was based on the selling price of the business, less “blue sky.”

Helvey v. Dawson Cty. Bd. of Equalization, 495 N.W.2d 261 (Neb. 1993). “1984), recodified as § 77-1233.04 (Reissue 1990). Their assessment was based on the selling price of the business, less "blue sky.”

Boone Cty. Bd. v. Tax Equal. & Rev. Com'n, 611 N.W.2d 119 (Neb. Ct. App. 2000). “Property Tax Administrator determining the taxable property of a railroad company, car company, public service entity, or air carrier within the state; (4) Decisions of the Property Tax Administrator determining adjusted valuation pursuant to section 79-1016; (5) Decisions of…”

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