Section 316-24-265 - PENALTIES265.01Civil Penalties.265.01A If any person fails to file a return by the due date, including extensions, absent a showing of reasonable cause, a penalty of 5% of the amount of tax due, reduced by any credits and payments made before the original due date of the return, may be assessed for each month, or portion of a month, of failure; not to exceed 25%.265.01B If any part of a proposed deficiency or overstatement of a requested refund is the result of negligence, material misstatement, or intentional disregard of law, but without intent to defraud, a penalty of 5% of the amount of the proposed deficiency maybe assessed.265.01C If any part of a proposed deficiency or overstatement of a requested refund is the result of fraud, a penalty of 50% of the proposed deficiency may be assessed, in lieu of the penalty described in Reg-24-265.01B.265.01D A penalty of not more than $1,000 may be assessed if any person with fraudulent intent fails to: 265.01D(1) Pay any income tax;265.01D(2) Make, file, sign, or certify any return of estimated income tax; or265.01D(3) Supply any information to the Department within the time required.265.01D(4) This penalty is in addition to any other penalties that may be imposed.265.01E A penalty of $500 for each occurrence may be assessed if any person, for frivolous or groundless reasons, or with intent to delay or impede the administration of the Nebraska income tax: 265.01E(1) Fails to file a return or to pay any income tax due; or265.01E(2) Files what purports to be a return which does not contain sufficient information to calculate the liability or indicates that the self-assessed liability is substantially incorrect.265.01E(3) This penalty is in addition to any other penalties that may be imposed.265.01F If any person fails to file a return, fails to file an amended return as required in Reg-24-255 or Reg-24-24-258, or otherwise fails to comply with any of the reporting or filing requirements imposed by the Revenue Act or these regulations, a penalty of 25% of the tax due may be assessed, in addition to any other penalty.265.01G If any person aids, procures, advises, or assists in the preparation of any return, affidavit, refund claim, or other document with knowledge that its use will result in the material understatement of the tax liability of another person, or the material overstatement of the amount of a refund of another person, a penalty of $1,000 may be assessed for each separate return or other document.265.02Criminal Penalties.265.02A Any person required to pay any income tax or estimated income tax or file a return, except for a return of estimated income tax, who willfully fails to pay the tax or estimated income tax or file the return, at the time or times required by law, may be found guilty of a Class II misdemeanor in addition to any other penalties.265.02B Any person who, with intent to evade or defeat any income tax or its payment, claims an excessive number of exemptions, or in any other manner overstates the amount of income tax withholding, may be found guilty of a Class II misdemeanor in addition to any other penalties.265.02C Any person required to keep any records or supply any information, who willfully fails to keep records or supply information, at the time or times required by law, may be found guilty of a Class II misdemeanor in addition to any other penalties.265.02D Any person who willfully attempts in any manner to evade the Nebraska income tax or the payment of Nebraska income tax may be found guilty of a Class IV felony, in addition to any other penalties.265.02E Any person who willfully makes and signs any return, statement, or other document which contains or is verified by a written declaration that it is made under the penalties of perjury, and who does not believe the return, statement, or document to be true and correct as to every material matter, may be found guilty of a Class IV felony.265.02F Any person who willfully aids or procures the preparation or presentation of a return, affidavit, claim, or other document which is fraudulent or which is false as to any material matter, may be found guilty of a Class IV felony.265.02G Statute of Limitations. Hie statute of limitations for criminal prosecution for the offenses in Reg-24-265.02A of this section is three years after the commission of the offense. The statute of limitation for criminal prosecution for all other penalties in this section is four years after the commission of the offense.316 Neb. Admin. Code, ch. 24, § 265
Adopted effective 7/5/2020