When Nebraska taxpayers receive a notice of assessment or property valuation, it often raises essential questions about accuracy and fairness. If you believe the amount you owe—or the value placed on your property—is incorrect, you can challenge it through a formal tax appeal in Nebraska. The state’s appeal system gives individuals and businesses a clear, structured way to dispute tax decisions and ensure they’re based on accurate information and proper application of the law.

Many Nebraska taxpayers file appeals yearly when they believe a tax decision is inaccurate—whether it involves an inflated property assessment, a disputed sales tax, or an income tax issue uncovered during an audit. At first, the process may seem complicated, but there are clear rules and deadlines to follow. Understanding the required steps, forms, and deadlines can help you navigate the appeal confidently and avoid unnecessary stress.

Two leading agencies handle tax appeals in Nebraska: the Nebraska Department of Revenue, which oversees most business and individual tax disputes, and the Tax Equalization and Review Commission (TERC), which focuses on property tax appeals. Both agencies provide a structured, multi-step process for taxpayers to file a written protest, request a hearing, and receive a final decision. By learning how each agency works and following the correct procedures, you can confidently pursue your appeal and ensure your case gets a fair review.

Understanding the Nebraska Tax Appeal System

The Nebraska tax appeal system was created to give taxpayers a fair and transparent way to challenge state or local tax decisions. Whether the issue involves income tax, sales tax, or property valuation, every taxpayer can request an official review. This process ensures that all assessments and decisions are based on accurate facts, consistent procedures, and the correct interpretation of Nebraska law.

Purpose and Legal Foundation

The appeal system exists to uphold two core principles: fairness and due process. Fairness means every taxpayer has an equal opportunity to challenge an incorrect assessment. Due process guarantees that the government follows clear procedures when collecting taxes or determining property values. These principles foster trust between taxpayers and state agencies by ensuring the correction of errors before their finalization.

Taxes Eligible for Appeal

Most Nebraska taxes qualify for appeal under state law. The following categories outline the main types of taxes that taxpayers can challenge:

  • Income tax: Individuals and businesses may appeal when they disagree with a determination issued by the Nebraska Department of Revenue. These appeals usually involve disputed income calculations or audit adjustments.

  • Sales and use tax: A business can appeal if it disputes the outcome of a tax audit or a collection notice involving taxable sales, service transactions, or property use.

  • Property tax: Property owners may contest assessed values through their local county board of equalization. If they remain dissatisfied after the board’s review, they can escalate the case to the Tax Equalization and Review Commission (TERC).

  • Excise and specialty taxes: Taxes on items such as motor fuel, tobacco, and documentary stamp transactions may also be appealed through the state’s administrative review process.

Before filing, taxpayers should familiarize themselves with each appeal type's specific rules, deadlines, and evidence requirements.

Administrative vs. Judicial Appeals

Nebraska’s appeal system includes two primary levels of review:

  • Administrative appeals are handled within state agencies like the Department of Revenue or through TERC for property-related cases. These appeals involve submitting a written protest, providing supporting documentation, and attending an informal or formal hearing.

  • Judicial appeals occur if a taxpayer disagrees with the agency’s final decision. These cases are filed in the district court, typically in Lancaster County, where a judge reviews the record and determines whether the agency acted within the law.

Key Takeaway

The Nebraska tax appeal process protects taxpayers by providing multiple layers of review. It gives individuals and businesses a structured way to correct errors, present evidence, and seek fair resolutions. For property-related appeals, taxpayers can review complete procedures on the Tax Equalization and Review Commission’s appeal process page.

Agencies That Handle Tax Appeals in Nebraska

Nebraska divides tax appeal authority across two distinct bodies, depending on the type of tax involved. Understanding which agency to address is vital to filing an appeal correctly and promptly.

Nebraska Department of Revenue

  • This agency manages appeals for state-level tax matters, including income, sales/use, excise, and business taxes.

  • It operates under the Nebraska Administrative Procedure Act, following formal rules and administrative guidelines.

  • The appeal process typically unfolds in stages: submit a written protest, attend an informal conference, optionally proceed to a formal hearing, and finally await a final order.

  • You can review its policies, procedures, and filing guidelines on the Nebraska Department of Revenue website. 

Tax Equalization and Review Commission (TERC)

  • TERC is Nebraska’s constitutional body dedicated to property tax appeals.

  • If your property’s assessed value or valuation method is disputed, you begin by protesting to your county board of equalization. If that outcome is unsatisfactory, you may escalate your dispute to TERC.

  • TERC offers a more accessible appellate path for property owners, often less costly than full district court litigation.

  • Because TERC handles valuation disputes statewide, it plays a central role in ensuring equalization and fairness in Nebraska’s property tax system.

The key difference is that you will usually appeal non-property taxes through the Nebraska Department of Revenue; for property tax challenges, your path typically leads to TERC after exhausting your county-level options. Understanding which path applies to your case is foundational to a successful appeal.

Types of Tax Appeals in Nebraska

Nebraska provides several structured appeal paths depending on the type of tax and the agency handling your case. Each process allows taxpayers to present evidence, clarify disagreements, and pursue corrections before a decision becomes final.

1. Administrative Review (Petition for Redetermination)

An administrative review—a Petition for Redetermination—is the most common type of Nebraska tax appeal for income, sales, and business taxes. Taxpayers use this process when they disagree with a notice or assessment issued by the Nebraska Department of Revenue.

This process generally follows these steps:

  1. File a written protest: The taxpayer must explain why the assessment or notice is incorrect and request a review.

  2. Informal discussion: Department attorneys or representatives review the protest, allowing both sides to clarify facts and legal interpretations.

  3. Formal hearing: If the dispute remains unresolved, a hearing officer may conduct a formal proceeding to examine evidence and arguments.

  4. Final decision: The Tax Commissioner issues a written order outlining the outcome and reasoning.

Administrative reviews are essential because they allow most disputes to be resolved without going to court, saving the taxpayer and the state time and cost.

2. Property Tax Appeals (TERC Process)

Property tax appeals follow a separate process managed by the Tax Equalization and Review Commission (TERC). These appeals focus on how a property’s value was determined by the county assessor or the board of equalization.

To start a property appeal, taxpayers must:

  • File a valuation protest with their county board between June 1 and June 30.

  • Should the board’s decision not meet your expectations, you may wish to appeal to TERC before the deadline.
  • Participate in either an informal meeting or a formal hearing, where evidence such as comparable property values or appraisals can be presented.

TERC’s decisions can be appealed further to the district court if necessary.

3. Conciliation and Settlement Options

Nebraska encourages resolving tax disputes through conciliation—a voluntary process focused on negotiation and compromise.

  • For Department of Revenue cases, taxpayers can discuss settlement options directly with department attorneys before or during formal hearings.

  • For TERC cases, informal pre-hearing conferences may lead to settlements without a full hearing.

These resolution paths are faster, less formal, and often lead to mutually agreeable outcomes.

Key takeaway: The Nebraska tax appeal process offers multiple routes for taxpayers to challenge assessments—administrative review for income or business taxes, property tax appeals through TERC, and conciliation for negotiated settlements. Understanding which option fits your situation ensures your appeal proceeds under the proper rules and timelines.

Step-by-Step: How to File a Tax Appeal in Nebraska

The tax appeal process in Nebraska provides a structured method for taxpayers to challenge assessments or valuations they believe are inaccurate. Whether you are appealing an income tax determination, a sales tax audit, or a property valuation, understanding each step helps you protect your rights and avoid costly mistakes.

Filing with the Nebraska Department of Revenue

The Department of Revenue manages appeals involving income, business, and excise taxes. This process, called a Petition for Redetermination, begins when a taxpayer disagrees with a notice of deficiency or another determination related to their tax returns.

1. Determine Your Deadline

Each tax type has a specific filing period, usually between 30 and 60 days from the mailing date of the assessment notice. Missing a deadline can result in the loss of your right to appeal. Review the notice thoroughly and contact the department’s legal section if you have any questions regarding the filing period.

2. Prepare Your Written Protest

A written protest must include all key identifying and factual details. You should:

  • Provide your name, identification number, and contact information.

  • Specify the exact tax period or issue being appealed.

  • Explain why the assessment is incorrect, referencing audit findings or supporting records.

  • Attach any relevant documentation, such as prior correspondence, asset reports, or previous audit reports from the office handling your case.

  • Indicate if you wish to represent yourself or have an attorney appear.

Taxpayers may file electronically or by mail. The person responsible for the filing, such as the taxpayer, attorney, or authorized representative, must sign the protest.

3. Participate in the Review Process

After receiving your protest, the department schedules an informal discussion where both parties can review evidence and legal interpretations. This stage resolves many disputes. If a resolution cannot be reached, the case moves to a formal hearing before a hearing officer. The Tax Commissioner then issues a written order that outlines the decision.

If you disagree with the final order, you can appeal to the district court with proper jurisdiction, typically in Lancaster County.

4. Manage Payment and Interest

Filing an appeal generally pauses collection activity. However, interest may continue to rise on any unpaid balance. If your appeal is successful, you can pay the assessed amount to stop interest from accruing while preserving your right to a refund.

Filing with TERC for Property Tax Appeals

If your dispute involves a property valuation from your assessor’s office, your appeal begins at the county level.

1. File a County Protest First

You must file a valuation protest with your county board of equalization—for example, in Douglas County or another jurisdiction—between June 1 and June 30. You will receive written confirmation of your filing and a scheduled review date.

2. Wait for the County’s Decision

The county board reviews your claim and either adjusts or upholds your valuation. If unsatisfied with the outcome, you can appeal to the Tax Equalization and Review Commission (TERC) for further review.

3. File Your TERC Appeal

Submit your appeal form, required fees, and supporting documentation to TERC before the applicable deadline. Include a copy of the county’s report and any evidence, such as property appraisals, photos, or comparable property data.

4. Attend Hearings and Await the Final Decision

TERC may conduct an informal or formal hearing where you or your representative can present evidence. The commission issues a written order summarizing its findings and conclusions. If you disagree with the ruling, you may appeal to the district court under Nebraska law.

Important Notes for All Taxpayers

  • Always keep a complete record of every document and communication related to your appeal.

  • Be prepared for administrative reviews, which take several months before an agency can decide your case.

  • If your tax liability involves state and IRS matters, resolve federal issues first since state results often depend on federal adjustments.

  • Verify all procedures and deadlines directly with the appropriate office before submitting payments or filings.

Key Deadlines and Filing Requirements

Meeting the proper deadlines is the most essential part of the tax appeal process in Nebraska. Missing even one filing date can result in losing your right to appeal, no matter how valid your claim may be. Each tax type—income, sales, property, and excise—has its timeline and required documentation. Understanding these timelines helps taxpayers stay compliant and protect their rights.

Filing Deadlines by Tax Type

  • Income tax and withholding: These appeals must be submitted within 60 days of the mailing date listed on the assessment notification. This period allows taxpayers time to review the notice, gather supporting documents, and prepare a well-founded protest.

  • Sales and use tax: Appeals for these taxes are due within 30 days of the notice. Most cases involve disputes about taxes assessed on business equipment, product purchases, or other taxable transactions reviewed during an audit.

  • Property tax protests: Taxpayers must file property valuation protests with the county board of equalization between June 1 and June 30 each year. This annual window ensures property owners can challenge their assessments before taxes are finalized for the upcoming cycle.

  • Jeopardy or emergency assessments: These appeals must be filed within 10 days because they involve immediate collection actions by the state. Prompt filing protects taxpayers' right to contest the evaluation before enforcement begins.

Each notice provides written instructions specifying the correct filing period. Suppose you cannot meet a deadline because of an agency error or exceptional circumstances. In that case, you should speak directly with the Department of Revenue to explain your situation and request additional guidance.

Submission and Filing Practices

  • All appeals must be submitted in writing and signed by the taxpayer or authorized representative.

  • Electronic filing is available through the department’s secure server, which confirms receipt and filing date.

  • When filing by mail, allow extra time for postal service delays, as deadlines are based on postmark, not delivery.

  • When possible, attach supporting records such as tax returns, payment receipts, or audit summaries to support your answer to the assessment.

  • Always refer to official forms and instructions to ensure compliance with filing procedures.

Best Practices for Staying Organized

Maintaining detailed records of all filings, letters, and email confirmations ensures accountability. Taxpayers who use professional representatives should verify that all documents were submitted on time and that the receiving office properly acknowledges appeals. Staying organized helps prevent missed deadlines and simplifies any follow-up discussions with the agency.

Comparing Nebraska Tax Appeals to Federal (IRS) Appeals

While both systems protect taxpayer rights, the Nebraska tax appeal and the IRS appeal system differ in structure, timing, and procedure. Understanding these distinctions helps taxpayers manage cases involving state and federal issues.

Key Differences Between Nebraska and Federal Appeals

  • Agencies Involved: Nebraska appeals are divided between the Nebraska Department of Revenue (for income, sales, and excise taxes) and the Tax Equalization and Review Commission (TERC) (for property valuation cases). The IRS handles the federal process entirely, which oversees all federal tax disputes.

  • Timeline and Deadlines: Nebraska deadlines are shorter, typically 30 to 60 days from the mailing date of the assessment notice. The IRS generally allows 30 to 90 days, depending on the type of appeal.

  • Hearing and Representation: In Nebraska, formal hearings often require an attorney to represent the taxpayer. The IRS allows enrolled agents, CPAs, or attorneys to appear on a taxpayer’s behalf.

  • Appeal Path: A final Nebraska decision can be challenged in district court under state jurisdiction, while federal cases proceed through the U.S. Tax Court or federal court system.

Case Examples: Real Nebraska Tax Appeal Outcomes

Real-world examples show how the Nebraska tax appeal process works and what factors often influence outcomes. These public cases highlight the benefits of documentation, timing, and clear legal arguments.

  • Sales and Use Tax Dispute – Farmers Cooperative: A Nebraska farmers' cooperative disputed a sales tax assessment on repair parts used for agricultural equipment. The Tax Commissioner determined that non-depreciable replacement parts were taxable under state law. The Nebraska Supreme Court later reviewed the decision, affirming the department’s interpretation and demonstrating how detailed recordkeeping can affect a taxpayer’s claim.

  • Property Valuation Appeal—Commercial Property: A business owner challenged the county assessor’s office valuation of a commercial building, arguing that it exceeded comparable market values. After an initial protest before the county board of equalization, the case advanced to the Tax Equalization and Review Commission (TERC). The commission partially reduced the assessed value after considering sales data and physical property conditions.

These examples show that thorough evidence, timely filings, and organized presentation can significantly improve a taxpayer’s position during an appeal.

Essential Forms and Official Resources

Successful participation in the Nebraska tax appeal process depends on using the correct forms and referring to reliable government resources. Each agency provides official documentation to guide taxpayers through protests, appeals, and representation.

  • Form 33 – Power of Attorney: This form authorizes another person, such as an attorney or accountant, to represent you before the Nebraska Department of Revenue.

  • Form 21—Request for Abatement of Penalty: Taxpayers use this form to request a reduction or removal of penalties resulting from late payments or filing errors.

  • Form 21—Request for Abatement of Interest: This document applies to interest charged on specific tax liabilities and must be supported by clear reasoning and records.

  • Form 422—Property Valuation Protest: Filed with your county board of equalization, this form starts the property appeal process before escalating to the Tax Equalization and Review Commission (TERC).

  • The TERC Appeal Form: Allows taxpayers to formally appeal a county board decision to TERC for property-related disputes.

All official forms and instructions are available through the Nebraska Department of Revenue and TERC websites, ensuring taxpayers can access accurate and current information.

Tips for a Successful Tax Appeal

Preparing carefully and staying organized can significantly improve your chances of success during the tax appeal process in Nebraska. Every stage—from filing a protest to receiving a decision—requires attention to detail and consistent follow-through.

  • Gather and organize all documentation: Keep copies of tax returns, assessment notices, receipts, and correspondence. Organized records make explaining your position and supporting your claim with evidence easier.

  • Meet every deadline: Missing a filing or response date can end your appeal. Track all deadlines for county board protests, written protests to the Department of Revenue, and TERC submissions.

  • Communicate clearly and professionally: When you speak with agency representatives or hearing officers, remain polite and factual. Clear communication helps maintain credibility and encourages cooperative resolution.

  • Seek qualified help when needed: A person with experience in Nebraska tax law—such as an attorney or CPA—can represent you, explain procedures, and ensure your filings comply with state rules.

  • Stay patient and informed: Appeals can take months to decide. Check the relevant office regularly for updates and keep copies of all notices or letters for your records.

Conclusion

The Nebraska tax appeal process affords taxpayers a fair and structured way to challenge tax assessments or property valuations they believe are inaccurate. Whether your case involves the Nebraska Department of Revenue or the Tax Equalization and Review Commission (TERC), success depends on preparation, organization, and meeting every deadline.

Ensure a thorough review of your case under Nebraska law by filing a clear, timely, well-documented appeal. By following official procedures and using the correct forms, taxpayers can protect their rights, correct errors, and achieve fair outcomes.

Frequently Asked Questions (FAQs) About the Nebraska Tax Appeal Process

How long does a Nebraska tax appeal usually take?

Most Nebraska tax appeals take three to twelve months to resolve, depending on the case’s complexity and whether a formal hearing is required. Due to scheduling, property tax appeals through the Tax Equalization and Review Commission (TERC) may take longer. Timely responses, organized documentation, and complete filings can help accelerate the process.

Can I represent myself during a Nebraska tax appeal?

Yes, taxpayers can represent themselves in most stages of the appeal process. However, legal representation is recommended once a formal hearing begins before the Department of Revenue or TERC. An attorney or certified public accountant familiar with Nebraska tax law can help interpret statutes, prepare evidence, and protect your rights during proceedings.

›Do I need to pay the tax while my appeal is pending?

Filing a timely appeal usually suspends collection efforts, but interest may continue to accrue on the disputed balance. Some taxpayers pay the amount owed to stop interest from building while keeping their refund rights if they later win the appeal. Always confirm procedures with the proper agency before submitting payment.

What types of evidence help my case?

Strong evidence includes tax returns, correspondence from the assessor’s office, comparable property sales, professional appraisals, receipts, and legal documentation that supports your position. Organized records make it easier for hearing officers or commissioners to evaluate your arguments and verify facts. Clear, consistent evidence strengthens your credibility and increases the likelihood of a favorable outcome.

Where can I find Nebraska’s official forms and deadlines?

Official forms and deadline information are available through the Nebraska Department of Revenue and the Tax Equalization and Review Commission (TERC) websites. These sources provide the most current instructions, downloadable forms, and filing guidance. Always use official sites to avoid outdated or incorrect materials when preparing your appeal or submitting related documentation.