Section 350-30-003 - AIR CARRIERS003.01 Taxpayer's Responsibilities 003.01A On or before June 1 of each year, an air carrier engaged in interstate business in Nebraska during the preceding year ending December 31, shall furnish a complete and accurate report pursuant to Neb. Rev. Stat. Section 77-1247 to the Property Tax Administrator on prescribed forms.003.02 Property Tax Administrator's and Tax Commissioner's Responsibilities and Penalties 003.02A The Tax Commissioner may assess a penalty in the amount of one-hundred ($ 100.00) dollars per day, but not exceeding ten thousand ($10,000.00) dollars, for failure or refusal to furnish the information required by the report specified in REG-30-003.01A. The penalty is collected by the Tax Commissioner. Upon written request by the air carrier, the Tax Commissioner may waive the penalty in whole or in part for good cause shown. 003.02A(1) In the event that the air carrier shall feel aggrieved as to the assessment of a penalty, an appeal may be filed with the Tax Commissioner pursuant to the Practice and Procedure REGS, Chapter 90. 003.02B Upon written request and for good cause shown, the Property Tax Administrator may allow up to a thirty (30) day extension of time to file the report required in REG-30-003.01A. Such extension shall not exceed thirty (30) days after June 1.003.03 Assessment 003.03A The Property Tax Administrator shall annually determine the taxable value of all flight equipment as of January 1, 12:01 am, based on information provided by the company, as well as other available sources.003.03B The Property Tax Administrator shall determine the taxable value of the flight equipment allocable to Nebraska.003.03C The allocation for each class of flight equipment is based on an arithmetic average of the three ratios provided by the air carrier pursuant to Neb. Rev. Stat. Section 77-1245.003.04 Taxation Of Distributed Value 003.04A On or before January 15 each year the Property Tax Administrator shall establish the state average tax rate. For the purposes of this regulation, the levy date shall be January 15.003.04B Prior to January 31, the Property Tax Administrator shall send a statement to each air carrier showing the taxable value, the tax rate, and the amount of tax due.003.04C The Property Tax Administrator shall collect the air carrier taxes due, retain a three percent collection fee for deposit in the Department of Revenue, Property Assessment Division Cash Fund and remit the balance to the State Treasurer.003.04D The air carrier taxes shall be distributed to the counties for credit to the county general fund proportionate to the amount the county's total property taxes levied compared to the total property taxes levied in the state.003.05 Collection Of Taxes 003.05A The taxes levied in REG-30-003.04B shall become due and payable on January 31 following the year for which the taxes are assessed. The first half shall become delinquent on March 1, and the second half shall become delinquent on July 1 following the year for which taxes are assessed. Interest shall accrue on any delinquent tax at the rate specified in Neb. Rev. Stat. Section 45-104.01. The interest shall be collected and distributed in the same manner as the tax on which the interest accrues. Pursuant to Neb. Rev. Stat. Section 77-3904, taxes levied under this section become a lien on the tangible and intangible personal property of those liable for payment of the tax. Such liens arise at the time of assessment under REG 30-003.04B, on January 31 of each year.003.05B If taxes and interest are not paid on July 1, following the levy, the Tax Commissioner can collect the tax by distress and sale of any property belonging to the delinquent air carrier in the same manner as required of county treasurers and county sheriffs.003.05C If any air carrier's taxes, interest, and penalties are not paid on July 1 following the levy, a lien and distress warrant will be issued by the Tax Commissioner against the company's money and credit in favor of the State of Nebraska until the liability is paid or settled.003.05D Any person or company in possession of the money and credits of the air carrier company which has been taxed must surrender the money and credits to the Tax Commissioner or agent, on demand. If any such person or company fails or refuses to surrender the money and credits pursuant to the requirements of this section, they are liable to the state of Nebraska for an amount equal to the value of the money and credits not surrendered, but not exceeding the amount of the taxes, interest, and penalties owed.003.06 Appeals 003.06A In the event the air carrier shall feel aggrieved as to the valuation or method of allocation established, an appeal may be filed with the Tax Commissioner, pursuant to the Practice and Procedure Regulation, Chapter 90, on or before February 15.003.06B The Tax Commissioner shall act upon the appeal and shall issue a written order a copy of which shall be mailed to the air carrier within seven (7) days after the date of the order. The Tax Commissioner's order may be appealed within thirty (30) days after the date of the order to the Tax Equalization and Review Commission pursuant to Neb. Rev. Stat. Section 77-5013.350 Neb. Admin. Code, ch. 30, § 003