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Nebraska DOR Answers American Rescue Plan Act FAQs

Dated Apr. 8, 2021

SUMMARY BY TAX ANALYSTS

The Nebraska Department of Revenue answered frequently asked questions on the state’s conformity to the federal American Rescue Plan Act of 2021 (P.L. 117-2), clarifying that Nebraska will follow the provision that excludes up to $10,200 of unemployment benefits received in 2020 from a taxpayer’s adjusted gross income; the DOR also requested that taxpayers who have already filed refrain from amending their state individual income tax returns and await further guidance from the department.

ADDED 04/06/2021: The American Rescue Plan Act of 2021 provides that up to $10,200 of unemployment benefits received in 2020 will not be taxable federally. Will Nebraska follow the federal treatment of these benefits?

Yes. A Nebraska individual income tax return begins with the taxpayer's adjusted gross income reported on the federal return. Nebraska taxpayers will take the exclusion on their federal return as part of calculating their adjusted gross income. Nebraska is a state with rolling conformity and follows federal changes to the adjusted gross income, unless the Nebraska Legislature enacts legislation indicating otherwise.

ADDED 04/06/2021: How can I claim the unemployment benefits exclusion if I have already filed my Nebraska return?

At this time, DOR requests that taxpayers do not file amended Nebraska individual income tax returns until DOR determines the appropriate processes for correcting these returns in every situation. DOR is working with the IRS to gather more information. Further guidance will be issued as soon as possible.

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