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Sen. John Kuehn

Sen. John Kuehn

District 38

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The discussion of property taxes commonly references the taxes paid on the assessed valuation of real estate, including your home, buildings, land, and other improvements physically fixed to your property. One advocacy group and some state senators have recently been advocating for reform of the personal property tax system in Nebraska. Of the $3.9 Billion of property taxes collected, almost 6% of the total is assessed on personal property. Personal property includes all items owned that are not physically associated with a piece of real estate.

Under Nebraska law, intangible personal property–financial wealth in the form of stocks, bonds, cash, bank accounts, and contracts–has been exempt from taxation since 1967. Tangible personal property includes all other “things” owned, such as equipment. Most Nebraska taxpayers are unaware a tax exists on tangible personal property, likely because they do not pay personal property taxes.

A simple way to know if your family is impacted the personal property taxes is whether or not you prepare a depreciation schedule with your annual tax return.  Household goods, motor vehicles, personal items, and non-depreciable property are exempt from taxation. Therefore, unless you have a business, you are not paying taxes on personal property you own.

Not all items owned by a business are subject to the personal property tax.  Inventory for resale or materials used in production are exempt. In agriculture, livestock and grain inventory are not taxed. In 2015, the Nebraska Legislature passed a bill exempting the first $10,000 of taxable personal property from taxation for every business owner. All personal property owned by data centers, wind energy generators, and charities is also exempt from personal property tax.

Because the tax is assessed only on depreciable property, items are only taxed for the duration of their depreciated lifespan, which may or may not match the time of use or ownership. Unlike real estate which is valued at market rate, the value of personal property is determined by “net book value”. Items are depreciated over a period of three, five, seven, ten, fifteen, or twenty years, depending on the item. As each year passes, a depreciation factor is applied that reduces the value of the equipment over time. After the value of the item is fully depreciated, the tax no longer applies even if the property is still owned and used. Thus, the taxes paid over time always decrease for an item of personal property.

Because only property owned by business, and not even all property owned by all businesses, is subject to taxation, the distribution of personal property taxes across communities and different taxpayers is highly variable. To illustrate, neighboring farmers in the same county with similar sized operations may have very different property tax bills. A beginning farmer can qualify for an exemption of $100,000 per year for three years on their machinery. A farmer who regularly trades for new equipment will pay more property taxes than a farmer who owns similar equipment but of older age. A horse used by a ranching operation is not taxed, but an ATV is.

Similar variation is found among other businesses.  A restaurant that installs all new equipment will have a higher tax bill than a competitor who purchases used equipment. The same restaurant owner will pay less taxes over time on the same equipment as it depreciates in net book value, regardless of its functionality or potential for generating income.

As discussion about personal property tax reform continues, taxpayers must be careful to not confuse it with property taxes on their home, farmland, or improvements. Since not every taxpayer is subject to the tax, or even a majority of property tax payers, metrics based on population of a town or county such as “per capita” are of little value to the discussion.

All taxes deserve strict scrutiny and evaluation for the principles of simplicity, transparency, neutrality, and stability. Voters need to understand the nature of the personal property tax, including its application and exemptions, when deciding whether or not it is the top priority for reform among the mix of different taxes.

Sen. John Kuehn

District 38
Room #12th Floor
P.O. Box 94604
Lincoln, NE 68509
Phone: (402) 471-2732
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