43-1092. Intangible income of a
nonresident
A. Except as provided in subsection B of this section, income of nonresidents from
stocks, bonds, notes or other intangible personal property is not income from sources
within this state unless the property has acquired a business situs within this state,
except that if a nonresident buys or sells such property in this state or places orders
with brokers within this state to buy or sell such property so regularly, systematically
and continuously as to constitute doing business in this state, the profit or gain
derived from such activity is income from sources within this state irrespective of the
situs of the property. However, in no case shall transactions extending over a period of
less than six months be deemed to constitute doing business in this state.
B. Any income received by nonresidents which is derived from a small business
corporation making an election pursuant to section 43-1126 shall be considered taxable
income of this state.
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