This document is a worksheet for calculating Nebraska's research and development tax credit. It provides instructions for taxpayers to calculate the state credit based on the federal research credit allowed. The taxpayer can choose to apportion the credit based on Nebraska property and payroll factors or based on qualified research expenses in Nebraska as a percentage of total expenses. The completed worksheet is attached to the state's Form 3800N to claim the research credit.
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Research and Development Credit Worksheet FORM
3800N
for Tax Year 2007 and after
Worksheet
• See important instructions on reverse side
Name as Shown on Form 3800N Social Security Number or Nebraska Identification Number
RESEARCH AND DEVELOPMENT CREDIT YEARS
A B C D E
1st Year of Research 1st 2nd 3rd 4th
and Development Succeeding Year Succeeding Year Succeeding Year Succeeding Year
1 Enter applicable tax year end date (month/day/year) . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2 Enter total amount of federal credit allowed (from Federal Form 6765, line 63 or
2
line 65) (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Alternative Methods to Apportion Credit. Complete either lines 3 through 7 or lines 8 through 11.
% % % % %
3 Nebraska property factor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
% % % % %
4 Nebraska payroll factor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
% % % % %
5 Add lines 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
% % % % %
6 Average property and payroll factors (line 5 ÷ 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Multiply line 2 x line 6 (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Enter amount of qualified expenses for research and experimental activities in Nebraska 8
9 Enter total amount of qualified expenses for research and experimental activities in
9
all states (from Federal Form 6765, line 9, line 28, or line 53) . . . . . . . . . . . . . . . . . . .
% % % % %
10 Divide line 8 by line 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Multiply line 2 x line 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
USE OF RESEARCH AND DEVELOPMENT CREDIT
12 Nebraska Research and Development Credit (line 2 OR line 7 OR line 11 x 15%)
12
(see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 Amount of credit (refundable to the entity claiming the credit) from line 12 used on
13
Nebraska income tax return . Enter on line 23 of Form 3800N . . . . . . . . . . . . . . . . . . .
14 Amount of credit used for refunds of state sales/use taxes paid on qualifying
14
expenditures (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Amount of credit (nonrefundable) distributed to partners, shareholders, members,
15
or certain fiduciary beneficiaries (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 Total credit usage (line 13 + 14 + 15) . Total cannot exceed line 12 . . . . . . . . . . . . . . . 16
Schedule A — Distribution of Research and Development Credit
Name of Partner, Social Security Number or Share of Income or Ownership
Amount of Credit
Shareholder, Member or Beneficiary* Nebraska Identification Number (Must Equal 100%)
%
1
%
2
%
3
%
4
%
5
%
6
%
7
%
8
%
9
10 Total (this should equal the amount entered on line 15 of the Research and Development Credit Worksheet above) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Note: Each partner, S corporation shareholder, LLC member, or beneficiary should be notified of the distributed share of the Research and Development Credit .
8-653-2009
2. INSTRUCTIONS
WHO MAY FILE. Any business firm making expenditures LINE 7. Multiply line 2 by the average factor calculated on
in research and experimental (R&D) activities as defined in line 6.
Internal Revenue Code (IRC) § 174 may claim a credit equal LINES 8 AND 9. Enter the total amount of qualified expenses
to 15 percent of the federal credit allowed under IRC § 41. for research and experimental activities in Nebraska and the
total amount of qualified expenses in all states on these lines.
Business firm means any business entity including a
The total amount of qualified expenses is line 9, line 28, or
corporation, fiduciary, sole proprietorship, partnership, joint
line 53 of Federal Form 6765.
venture, limited liability company, or other private entity that
LINE 10. Round the factors to 4 decimal places and enter
is subject to sales tax under Neb. Rev. Stat. § 77‑2703.
as a percent.
WHEN AND WHERE TO FILE. This credit computation
LINE 12. Nebraska Research and Development
worksheet must be completed and attached to the Nebraska
Credit. Multiply the amount on line 2 OR line 7 OR line 11
Incentives Credit Computation, Form 3800N. The credit is
by 15 percent. The business firm may use whichever result
allowed for the first tax year it is claimed and for the four
yields the highest amount. This is the amount of credit to
succeeding tax years.
be claimed on Nebraska Incentives Credit Computation,
Form 3800N, for the year indicated on line 1.
SPECIFIC INSTRUCTIONS
LINE 1. Enter in column A the first tax year end date for LINE 13. The amount of the credit is refundable to the
which the credit is claimed, then enter in the other columns person or entity who created the credit, whether or not there
the applicable tax year end dates that correspond to the is a liability shown on the return.
column A tax year end. LINE 14. Claims may be filed quarterly for refunds of state
sales/use taxes paid, either directly or indirectly, after the
LINE 2. Enter the amount of the federal credit allowed for
filing of the income tax return for the tax year in which the
increasing research activities from line 63 or line 65, as
credit was first allowed. A taxpayer indirectly pays state
appropriate, of Credit for Increasing Research Activities,
sales/use taxes when the taxes are paid by their contractor on
Federal Form 6765, for each applicable tax year.
annexed building materials in a project built for the taxpayer.
If doing business only in Nebraska, skip lines 3 through Local sales/use taxes are not subject to refund. The contractor
11, and multiply the amount on line 2 by 15%. Enter this must either certify the actual amount of taxes paid or certify
amount on line 12, and complete the remainder of the form. that state sales/use taxes were paid on all annexed building
materials. The certification option presumes that 40 percent
If doing business both within and without Nebraska,
of the project’s cost was for building materials on which the
complete either lines 3 through 7, or lines 8 through 11,
tax was paid. The contractor must maintain documentation
depending upon the method of apportionment selected.
to adequately support any certification made.
LINES 3 AND 4. The Nebraska property and payroll factors
LINE 15. Credits must be distributed in the same percentage
are determined pursuant to Neb. Rev. Stat. §§ 77‑2734.12
as income is distributed to the recipients. The credit is a
and 77‑2734.13, respectively. Round the factors to 4 decimal
nonrefundable credit in the hands of the recipient and may
places and enter as a percent.
only be used against the recipient’s Nebraska income tax
LINES 5 AND 6. Round the factors to 4 decimal places and liability. Do not include any amount in the credits distributed
enter as a percent. which were distributed on the Federal Form 6765, line 64.