State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter77 > 77-105

77-105. Tangible personalproperty, intangible personal property, defined.Theterm tangible personal property includes all personal property possessinga physical existence, excluding money. The term tangible personal propertyalso includes trade fixtures, which means machinery and equipment, regardlessof the degree of attachment to real property, used directly in commercial,manufacturing, or processing activities conducted on real property, regardlessof whether the real property is owned or leased, and all property used in the generation of electricityusing wind as the fuel source, including, but not limited to, that listedin subsection (9) of section 77-202. The term intangible personalproperty includes all other personal property, including money. SourceLaws 1921, c. 133, art. I, § 4, p. 545; C.S.1922, § 5811; C.S.1929, § 77-104; Laws 1933, c. 156, § 2, p. 592; C.S.Supp.,1941, § 77-104; R.S.1943, § 77-105; Laws 1991, LB 829, § 6; Laws 2007, LB334, § 14; Laws 2010, LB1048, § 10.Effective Date: July 15, 2010AnnotationsElectricity is not tangible personal property for tax purposes. Omaha Pub. Power Dist. v. Nebraska Dept. of Revenue, 248 Neb 518, 537 N.W.2d 312 (1995).Cited in discussion of taxability of intangible property of foreign corporation. International Harvester Co. v. County of Douglas, 146 Neb. 555, 20 N.W.2d 620 (1945).In view of change in legislative definition of intangible property, corporation is taxable where it has its principal office or place of business. Joyce Lumber Co. v. Anderson, 125 Neb. 886, 252 N.W. 394 (1934).