Transfer to resident of foreign adversary country; excise tax imposed; applicability; payment by whom; refund; collection and enforcement; Department of Banking and Finance; Department of Revenue; powers and duties.
Neb. Rev. Stat. § 8-2753
in effect8-2753. Transfer to resident of foreign adversary country; excise tax imposed; applicability; payment by whom; refund; collection and enforcement; Department of Banking and Finance; Department of Revenue; powers and duties.
(1) For purposes of this section:
(a) Active duty member of the armed forces means a person who is a member of the armed forces of the United States on active duty as defined in 10 U.S.C. 101(d)(1), as such section existed on January 1, 2026, or a member of the Nebraska National Guard in active service of the state;
(b) Credit card has the same meaning as in 15 U.S.C. 1693o-2, as such section existed on January 1, 2026;
(c) Debit card has the same meaning as in 15 U.S.C. 1693o-2, as such section existed on January 1, 2026, except that debit card shall not include a general-use prepaid card as defined in 15 U.S.C. 1693l-1, as such section existed on January 1, 2026;
(d) Dependent means a spouse or any other person for whom an active duty member of the armed forces provided more than one-half of that person's support during the previous calendar year;
(e) Designated recipient has the same meaning as in section 919 of the Electronic Fund Transfer Act, 15 U.S.C. 1693o-1, as such section existed on January 1, 2026;
(f) Foreign adversary country means any country listed in 15 C.F.R. 791.4, as such regulation existed on January 1, 2026;
(g) Remittance transfer has the same meaning as in section 919 of the Electronic Fund Transfer Act, 15 U.S.C. 1693o-1, as such section existed on January 1, 2026, except that it shall only apply where the sender provides cash, a money order, a cashier's check, or any other similar physical instrument to the remittance transfer provider;
(h) Remittance transfer provider has the same meaning as in section 919 of the Electronic Fund Transfer Act, 15 U.S.C. 1693o-1, as such section existed on January 1, 2026; and
(i) Sender has the same meaning as in section 919 of the Electronic Fund Transfer Act, 15 U.S.C. 1693o-1, as such section existed on January 1, 2026.
(2) There is hereby imposed an excise tax of twenty-five percent on any remittance transfer by a licensee or authorized delegate to a resident of a foreign adversary country, with the exception of Cuba and Venezuela.
(3)(a) The tax imposed by this section shall not apply to a remittance transfer:
(i) If the sender or designated recipient of such transfer is an active duty member of the armed forces or a dependent of such member; or
(ii) For which the funds being transferred are:
(A) Withdrawn from an account held in or by a financial institution:
(I) Described in 31 U.S.C. 5312(a)(2)(A) through (H), as such section existed on January 1, 2026; and
(II) That is subject to the requirements of 31 U.S.C. Chapter 53, Subchapter II, as such subchapter existed on January 1, 2026; or
(B) Funded with a debit card or credit card issued in the United States.
(b) To qualify for the exemption under subdivision (3)(a)(i) of this section, the sender or designated recipient shall present a valid United States Department of Defense Common Access Card or other valid military identification to the remittance transfer provider at the time of the transaction.
(4)(a) The sender of a remittance transfer shall pay the tax imposed by this section on such transfer.
(b) If any tax imposed by this section is not paid at the time a transfer is made, then to the extent that such tax is not paid, the remittance transfer provider of such transfer shall pay the tax.
(c) The remittance transfer provider of a remittance transfer shall collect the amount of the tax imposed by this section on such transfer from the sender and remit such tax to the Department of Revenue quarterly.
(5) Sections 77-2707 to 77-2711 shall apply to the tax imposed by this section as if such tax were a sales or use tax imposed by the Nebraska Revenue Act of 1967.
(6) The Department of Revenue may share any information related to the tax imposed by this section with the Department of Banking and Finance.
(7)(a) No refund of the tax imposed by this section shall be allowed unless a claim for such refund is filed within the required period for a refund of sales taxes.
(b) The Department of Revenue shall establish an expedited refund process for any active duty member of the armed forces or dependent who was charged the tax in error.
(c) To be eligible for the expedited refund process described in subdivision (7)(b) of this section, an active duty member of the armed forces or dependent who was charged in error shall submit proof of military status to the Department of Revenue.
(8) The Department of Revenue may adopt and promulgate rules and regulations to prescribe any and all forms and supporting documentation necessary for the payment, collection, and reporting of the tax imposed by this section and to establish the expedited refund process described in subdivision (7)(b) of this section.
(9) The Department of Revenue may use electronic funds transfer to collect the tax imposed by this section or to pay any refund of such tax.
(10) The use of any electronic filing of documents or electronic funds transfer shall not alter the rights of any party from the rights of such party if a different method of filing or payment was used.
(11) All taxes received by the Department of Revenue pursuant to this section shall be remitted to the State Treasurer for credit to the General Fund.
(12) Upon request from the Department of Revenue, the Department of Banking and Finance may make a claim against the surety bond of a licensee for payment of any tax imposed by this section on such licensee.
Laws 2026, LB838, § 10. Operative Date: July 1, 2026
Source: Nebraska Legislature (nebraskalegislature.gov)URL: https://nebraskalegislature.gov/laws/statutes.php?statute=8-2753Fetched: 10/20/2026