Nebraska Statutes 77-2704.36. Agricultural machinery and equipment; net wrap, bailing wire, and twine; exemption
(1) Sales and use tax shall not be imposed on the gross receipts from the sale, lease, or rental of:
Terms Used In Nebraska Statutes 77-2704.36
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Gross receipts: includes the sale of admissions. See Nebraska Statutes 77-2701.16
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Sale: means any transfer of title or possession or segregation in contemplation of transfer of title or possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means, of property for a consideration or the provision of service for a consideration. See Nebraska Statutes 77-2701.33
- Sales: means all gross receipts of the taxpayer, except:
(a) Income from discharge of indebtedness. See Nebraska Statutes 77-2734.04
- Use: means the exercise of any right or power over property incident to the ownership or possession of that property, except that use does not include the sale of that property in the regular course of business or the exercise of any right or power over property which will enter into or become an ingredient or component part of property manufactured, processed, or fabricated for ultimate sale at retail. See Nebraska Statutes 77-2701.42
(a) Depreciable agricultural machinery and equipment purchased, leased, or rented on or after January 1, 1993, for use in commercial agriculture; or
(b) Net wrap, baling wire, and twine purchased for use in commercial agriculture.
(2) For purposes of this section:
(a)(i) Agricultural machinery and equipment means tangible personal property that is used directly in (A) cultivating or harvesting a crop, (B) raising or caring for animal life, (C) protecting the health and welfare of animal life, including fans, curtains, and climate control equipment within livestock buildings, or (D) collecting or processing an agricultural product on a farm or ranch, regardless of the degree of attachment to any real property; and
(ii) Agricultural machinery and equipment includes, but is not limited to, header trailers, head haulers, header transports, and seed tender trailers and excludes any current tractor model as defined in section 2-2701.01 not permitted for sale in Nebraska pursuant to sections 2-2701 to 2-2711 ;
(b) Baling wire means wire used in the baling of livestock feed or bedding;
(c) Net wrap means plastic wrap used in the baling of livestock feed or bedding; and
(d) Twine means a strong string of two or more strands twisted together used in the baling of livestock feed or bedding.