Short answer. Nebraska's credit is 15 percent of your federal Section 41 credit, or 35 percent for research at a Nebraska college or university, apportioned to Nebraska. There is no separate state base, and the credit is refundable, so a pre-revenue company can receive it as cash.
Key facts
| Rate | 15% of the federal credit (35% for university research) |
|---|---|
| Base | None (piggybacks the federal credit) |
| Refundable | Yes |
| Form | Form 3800N |
The rate, as a percentage of your federal credit
Nebraska does not compute a separate credit; it takes a slice of your federal one.
The Nebraska credit is 15 percent of the federal Section 41 credit you are allowed, or 35 percent for research conducted at a Nebraska college or university or a facility one owns. There is no separate Nebraska base amount to calculate.
The federal credit is apportioned to Nebraska by the share of research activity in the state, so a company doing 75 percent of its research in Nebraska applies the rate to 75 percent of its federal credit. Once the federal number is set, the Nebraska figure is one multiplication.
Refundable, with a sales-tax option
The rate matters more here because you can actually receive it.
The Nebraska credit is a refundable income tax credit, so an amount beyond your Nebraska tax is paid out as cash rather than only carried forward. A pre-revenue company with no Nebraska income tax can still receive it.
A company may instead elect to use the credit against Nebraska sales and use taxes paid. Which option is better depends on your tax position, and your CPA makes that call.
What you need to claim it
The simplicity comes with a couple of conditions.
The credit is claimed on Form 3800N with Worksheet RD under the Nebraska Advantage Research and Development Act. There is no application to file in advance and no statewide dollar cap.
Two conditions apply: the research must be conducted in Nebraska, and employees hired during the tax year must have work eligibility verified through E-Verify, or the credit is not granted.
More on Nebraska's R&D credit
The full state overview, the federal Section 41 work it builds on, and related state guides:
Sources
Every claim on this page traces to a primary authority. Each source below is independent and verifiable.
- Nebraska Advantage Research and Development Act (Neb. Rev. Stat. 77-5801 to 77-5808) - Nebraska Legislature
- Nebraska Department of Revenue, Research and Development incentive (Form 3800N) - Nebraska Department of Revenue
- 26 U.S.C. ยง 41 (credit for increasing research activities) - Cornell Law School, Legal Information Institute
Get documentation built to survive an exam
R&D Binder produces the federal Section 41 binder and the Nebraska state workpaper from one engagement, both built to survive an exam.