77-5715 Qualified business, defined.
77-5715. Qualified business,defined.(1) For a tier 2, tier 3, tier 4, or tier5 project, qualified business means any business engaged in:(a) The conducting of research, development, or testing forscientific, agricultural, animal husbandry, food product, or industrial purposes;(b) The performance of data processing, telecommunication,insurance, or financial services. For purposes of this subdivision, financialservices includes only financial services provided by any financial institutionsubject to tax under Chapter 77, article 38, or any person or entity licensedby the Department of Banking and Finance or the federal Securities and ExchangeCommission and telecommunication services includes community antenna televisionservice, Internet access, satellite ground station, data center, call center,or telemarketing;(c) The assembly, fabrication, manufacture, or processingof tangible personal property;(d) The administrative management of the taxpayer's activities,including headquarter facilities relating to such activities or the administrativemanagement of any of the activities of any business entity or entities inwhich the taxpayer or a group of its shareholders holds any direct or indirectownership interest of at least ten percent, including headquarter facilitiesrelating to such activities;(e) The storage, warehousing, distribution, transportation,or sale of tangible personal property;(f) The sale of tangible personal property if the taxpayerderives at least seventy-five percent or more of the sales or revenue attributableto such activities relating to the project from sales to consumers who arenot related persons and are located outside the state;(g) The sale of software development services, computer systemsdesign, product testing services, or guidance or surveillance systems designservices or the licensing of technology if the taxpayer derives at least seventy-fivepercent of the sales or revenue attributable to such activities relating tothe project from sales or licensing either to customers who are not relatedpersons and located outside the state or to the United States Government, including sales of such services, systems,or products delivered by providing the customer with software or access tosoftware over the Internet or by other electronic means, regardless of whetherthe software or data accessed by customers is stored on a computer owned bythe applicant, the customer, or a third party and regardless of whether thecomputer storing the software or data is located at the project;(h) The research, development, and maintenance of an Internetweb portal. For purposes of this subdivision, Internet web portal means anInternet site that allows users to access, search, and navigate the Internet;(i) The research, development, and maintenanceof a data center. For purposes of this subdivision, data center means a groupof computers, supporting equipment, and other organized assembly of hardwareor software in one or more interrelated physical locations that is designedto centralize the storage, management, or dissemination of data and information;or(j) Any combination of theactivities listed in this subsection.(2) For a tier 1 project, qualified business means any businessengaged in:(a) The conducting of research, development, or testing forscientific, agricultural, animal husbandry, food product, or industrial purposes;(b) The assembly, fabrication, manufacture, or processingof tangible personal property;(c) The sale of software development services, computer systemsdesign, product testing services, or guidance or surveillance systems designservices or the licensing of technology if the taxpayer derives at least seventy-fivepercent of the sales or revenue attributable to such activities relating tothe project from sales or licensing either to customers who are not relatedpersons and are located outside the state or to the United States Government, including sales of such services, systems,or products delivered by providing the customer with software or access tosoftware over the Internet or by other electronic means, regardless of whetherthe software or data accessed by customers is stored on a computer owned bythe applicant, the customer, or a third party and regardless of whether thecomputer storing the software or data is located at the project;or(d) Any combination of activities listed in this subsection.(3) For a tier 6 project, qualified business means any businessexcept a business excluded by subsection (4) of this section.(4) Except for business activity described in subdivision(1)(f) of this section, qualified business does not include any business activityin which eighty percent or more of the total sales are sales to the ultimateconsumer of (a) food prepared for immediate consumption or (b) tangible personalproperty which is not assembled, fabricated, manufactured, or processed bythe taxpayer or used by the purchaser in any of the activities listed in subsection(1) or (2) of this section. SourceLaws 2005, LB 312, § 37; Laws 2007, LB223, § 29; Laws 2008, LB895, § 12; Laws 2009, LB164, § 4; Laws 2010, LB918, § 2.Effective Date: July 15, 2010