Section 350-20-002 - PROCEDURES002.01 Taxpayers Responsibilities 002.01A All taxable personal property located in this state on January 1, 12:01 a.m., shall be assessed annually.002.01B All taxable personal property shall be valued at its taxable value as of the assessment date of January 1, 12:01 a.m.002.01C Every person required to list taxable personal property shall file a return and supporting schedules consisting of all personal property which he or she is required to list, either as owner, lessee, or occupant in control thereof, or as parent, guardian, trustee, personal representative, administrator, receiver, accounting officer, partner or agent. Such return shall contain an itemized list of all taxable personal property along with the taxable value of each item, and shall be signed by the person or his or her agent. The listing may include items of taxable personal property that have a net book value of zero. 002.01C(1) The payment or nonpayment of sales tax does not affect the property tax status of personal property. If the property is depreciable tangible personal property, it is subject to personal property taxation. While a sales tax exemption may be available for certain purchases, there is never a choice to pay either sales or property taxes. In most cases, both sales tax and property taxes are payable. 002.01D The form of the personal property return shall be prescribed by the Tax Commissioner and furnished by the assessor.002.01E The personal property return must be filed with the assessor on or before May 1 of each year.002.01F When taxable personal property is brought into this state or into one county from another county between January 1, 12:01 a.m., and July 1, it is the duty of the owner, within 30 days after July 1, to list and return such property for taxation for the current tax year unless he or she can produce a copy of the current assessment duly certified by the proper officer of the state or county, or shows that the personal property was received in exchange for money or other property already subject to taxation during that year. If proof of assessment or purchase is not produced, the assessor shall promptly assess the property and enter it on the tax books the same as other cases. Notice of the assessment made pursuant to this regulation and a protest thereof may be made in the same manner prescribed in REG-20-003.02 and 20-003.04.002.01G When the date for filing or submitting a personal property return and supporting schedules or any other requirement under REG 20-002, falls on a Saturday, Sunday, or legal holiday, the items will be considered timely filed if performed in person or postmarked on the next business day. When any document is sent by ordinary mail the postmarked date shall be used to determine the date filed. When any document is sent by either certified or registered mail, the certification or registration date shall be used as the postmarked date.002.02 Assessor's Powers and Duties 002.02A The assessor shall have general supervision and direction over the assessment of taxable personal property in his or her county and shall require that the taxable personal property is lawfully assessed throughout the county.002.02B The assessor may provide to each person who filed a return in the prior year a preprinted return for the current year. However, if a preprinted return is not provided or received, the person shall not be relieved of their duty to properly and timely file a return.002.02C The assessor may implement procedures of notification to persons required to file a personal property return either prior to the filing due date, or after the filing due date but before the assessor acts to list the property. The assessor shall establish these procedures in writing and said procedures shall be available upon request.002.02D The assessor, with the aid of the deputy and assistants, shall examine and check all personal property returns and supporting schedules. The assessor shall have the power to investigate, examine, and inspect the property reported in the return and to examine, under oath, the person making the return.002.02E To ensure that all taxable personal property of a taxpayer is listed at its taxable value, the assessor shall have the right to demand of the owner or his or her agent or employee an inspection of the following for the year preceding assessment: Inventories; all books of accounts; depreciation schedules filed with the Internal Revenue Service; and work papers, worksheets, or any other item prepared by or for a taxpayer and not filed with the Internal Revenue Service. Any demand made pursuant to this section shall be made in writing to the owner or his or her agent or employee, stating the date by which compliance with the demand must be made. All such documentation provided the assessor is confidential and available to taxing officials only.002.02F If any person refuses the demand, the assessor shall have the authority to issue subpoenas to compel the appearance of the owner, agent or employee, together with such books, accounts, and documents as the assessor may deem necessary for the purpose of determining the taxable value of any taxable personal property. If a person refuses to comply with the subpoena, the assessor may apply to the district court to compel obedience by proceedings for contempt.002.02G It shall be the duty of any assessor, county sheriff, constable, city council member, or village trustee to at once inform the county treasurer of: (1) any person attempting to sell all or a substantial part of his or her taxable personal property; (2) a levy of attachment being made upon taxable personal property; or (3) a person attempting to remove or removing taxable personal property from the county, city, or village. It shall be the duty of the county treasurer to proceed with the collection of the tax when he or she knows of such acts. Any personal property tax shall immediately be due and collectible, including all tax on personal property assessed for the current year. 002.02G(1) Taxes for the current year shall be computed on the basis of the current valuation and last preceding levy. The county treasurer shall issue a distress warrant for the amount of taxes due. The taxes once due shall be a first lien upon all personal property of the person to whom assessed until paid. 002.02H If the personal property of any taxpayer is seized by legal process, so as not to leave a sufficient amount exempt from levy and sale to pay the taxes, then the taxes on the property of such taxpayer shall at once fall due and be paid from the proceeds of the sale of the property in preference to all other claims against it.002.03 Protests to the County Board of Equalization002.03A The county board of equalization shall meet for the purpose of reviewing and deciding property valuation protests, including any protest of the valuation of taxable personal property. The session shall not occur before June 1 or after July 25 of each year. If July 25 falls on a Saturday, Sunday, or legal holiday, the county board of equalization shall hear and decide protests on the previous business day. 002.03A(1) Personal property protests shall be written in triplicate and filed with the board on or before May 1. If May 1 falls upon a Saturday, Sunday, or legal holiday the protest will be considered timely filed if performed in person or postmarked on the next business day. If the protest is not timely filed, it shall be automatically dismissed by the county board.002.03A(2) Each protest shall have attached or contain a written statement of why the valuation should be reduced. The statement shall contain the physical description of the personal property. If no statement or physical description of the personal property is attached, the protest shall be automatically dismissed by the county board.002.03A(3) The protest may be but is not required to be prepared on the Property Valuation Protest (Form 422). Failure to use the Property Valuation Protest (Form 422) shall not result in the protest not being accepted for filing or being dismissed. The Property Valuation Protest (Form 422) is not required to be promulgated by the Department of Revenue, Property Assessment Division. 002.03B Any action taken by the county board of equalization on a protest of the value of personal property shall conform the value of the item to its net book value.002.03C The county clerk shall mail on or before August 2, to the protestor written notice of the county board of equalization's action taken on his or her protest. The notice shall state that a report of the boards decision is available at either the county clerk's or assessor's office, whichever is appropriate. The notice shall also state that a copy of the report may be used to complete an appeal to the Tax Equalization and Review Commission. Nothing in this regulation shall prohibit a county from providing a copy of the report of the board's decision to the protestor along with the written notice of the board's decision.002.03D The county clerk or county assessor shall prepare a report for each protest filed. The report shall contain a signed statement by the chairperson of the county board of equalization stating the board's decision and basis for the decision, description of the property affected, the recommendation of the assessor, recommendation of a referee if applicable, the date the county board of equalization heard the protest, date of the decision and the date notice of the decision was mailed to the protester. Attached to the report shall be a copy of the property record file that substantiates the assessed value, unless the assessor certifies to the county board of equalization that a copy of the file is maintained in either paper or electronic form in the assessor's office. 002.03D(1) One copy of the report shall be given to the assessor. The assessor shall not make a change to the values prepared and submitted by the county clerk until such report is completed as required by REG-20-002.03D. 002.03E Appeals may be taken from the decision of the county board of equalization to the Tax Equalization and Review Commission pursuant to Neb. Rev. Stat. Section 77-5013. The appeal must be filed within 30 days after adjournment of the board, which for action taken pursuant to Neb. Rev. Stat. Section 77-1502 shall be deemed to be July 25 of the year in which the action is taken. 002.03E(1) No appeal shall in any manner suspend the collection of any tax or the duties of officers relating thereto during the pendency of the appeal, and all taxes affected thereby, which may be collected, shall be distributed as though no appeal were pending.002.03E(2) If by final order of the Commission, it is determined that such tax or a part thereof should be refunded, the county treasurer is authorized to make the refund upon receiving a certified copy of such final order.002.04 All personal property taxes shall be due and payable on December 31 next following the date of levy and, unless the taxes are accelerated, (see REG-20-002.02G), from that date the taxes shall be a first lien upon all personal property of the person to whom assessed until paid. 002.04A One-half of the personal property taxes become delinquent on May 1 and the second half on September 1 next following the date the taxes become due, except in counties having a population of more than one hundred thousand. In those counties with a population of more than one hundred thousand the delinquent dates are April 1 and August 1 next following the date the taxes become due.002.04B All delinquent property taxes shall draw interest at a rate equal to the rate of interest specified in Neb. Rev. Stat. Section 45-104.01.002.05 Penalties for failure to file or for omitted property are addressed in REG-20-003.350 Neb. Admin. Code, ch. 20, § 002