Section 316-25-007 - ADJUSTMENTS OF FEDERAL OR ANOTHER STATE'S INCOME TAX007.01 Any changes or corrections made by the Internal Revenue Service or through renegotiation of a contract with the United States in a partnership's reported income or deductions must be reported to the Nebraska Department of Revenue within ninety (90) days of the final determination of the change.007.01A In reporting any change, the partnership must furnish complete information regarding the amount of income and deductions reported to the Internal Revenue Service after the change or correction. The report must also concede the accuracy of the final determination or give a statement outlining the specific errors of the final determination.007.02 Any adjustments made on a federal amended return shall be reported to the Department of Revenue within ninety (90) days of the filing of the amended federal return . 007.02A Adjustments made on a federal amended return or by the Internal Revenue Service shall be reported to the Department of Revenue by filing a Nebraska Partnership Return of Income, Form 1065N, and marking the box "Amended Return"?. The amended return for Nebraska must include copies of the federal amended return, Internal Revenue Service report, or other documentation which substantiates the adjustments claimed.007.03 Any changes or corrections in a partnership's reported income, deductions, or allowed tax credits in another state in a way material to the Nebraska tax liability made by filing an amended return, by the other state, or by any other competent authority, shall be reported to the Department of Revenue by filing a Nebraska Partnership Return of Income, Form 1065N, and marking the box "Amended Return". The amended return must be filed within ninety (90) days of the filing of the amended or corrected state return or the date of the changes, and must include copies of any reports issued by the other state or other competent authority.007.04 A partnership filing an amended return reporting an increase in its income reported to Nebraska will make a revised calculation of Nebraska income tax to withhold from any nonresident partners. Revised statements of income tax withheld from such partners will be issued by the partnership to nonresident partners for use by the partners in filing their amended Nebraska individual income tax returns. A publicly traded partnership which did not withhold under Reg-25-003 will not calculate revised withholding statements for its nonresident individual partners.007.05 If a nonresident partner fails to report any change or correction which increases his or her tax liability, fails to report any change or correction which is treated as a deficiency for federal income tax purposes, or fails to file an amended Nebraska return, the Tax Commissioner may mail the partner a notice of deficiency at any time. If a partner properly reports any change in his or her federal tax liability, the Tax Commissioner may make an assessment relating to the change at any time within two (2) years after the report or amended return was filed.316 Neb. Admin. Code, ch. 25, § 007
Sections 77-2727, 77-2775, and 77-2786(4),and (5), R.S.Supp., 2005. March 7, 2006.