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Nebraska Legislature passes bill reducing inheritance taxes

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The measure would increase the amount of property exempt from inheritance taxes and reduce some inheritance tax rates.

Nebraska lawmakers passed a bill Friday that would reduce inheritance taxes in the state. 

LB310, introduced by Sen. Rob Clements of Elmwood, passed on a 37-1 vote. The measure would increase the amount of property exempt from inheritance taxes, reduce some inheritance tax rates and eliminate the tax for heirs 21 or younger.

Clements

Clements originally sought to cut the tax in half or phase it out entirely. But he agreed to a compromise after the measure met with strong opposition from county governments, which receive the proceeds from inheritance taxes. 

Nebraska counties have collected about $70 million in inheritance taxes in each of the last six years, although the amount fluctuates from year to year for individual counties. As passed, LB310 would reduce collections to about $60 million. 

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Clements argued that the tax, which dates to 1901, is outdated and puts the state at a competitive disadvantage. Nebraska is one of only six states that levy inheritance taxes, and one of the six, Iowa, will phase out its tax by 2025.

Under current law, spouses are exempt from paying inheritance taxes. Immediate family, including children, parents, grandparents and siblings, pay a 1% rate on inherited property, with a $40,000 exemption. More distant relatives, such as nieces, nephews, aunts, uncles and their descendants, pay a 13% rate, with a $15,000 exemption. All others pay 18%, with a $10,000 exemption.

As passed, LB310 would raise the exemption for immediate family to $100,000 but leave the rate unchanged. The exemption for more distant relatives would increase to $40,000 and the rate would drop to 11%, while the exemption for unrelated heirs would increase to $25,000 and the rate would drop to 15%.

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Meet the Nebraska state senators

Nebraska has 49 state senators in the Legislature. Click through to find your state senator and others.

State Sen. Julie Slama

District: 1

From: Peru

Party: Republican

State Sen. Robert Clements

District: 2

From: Elmwood

Party: Republican

State Sen. Robert Hilkemann

District: 4

From: Omaha

Party: Republican

State Sen. Mike McDonnell

District: 5

From: Omaha

Party: Democratic

State Sen. Machaela Cavanaugh

District: 6

From: Omaha

Party: Democratic

State Sen. Megan Hunt.

State Sen. John Cavanaugh

District: 9

From: Omaha

Party: Democratic

State Sen. Wendy DeBoer

District: 10

From: Bennington

Party: Democratic

State Sen. Terrell McKinney

District: 11

From: Omaha

Party: Democratic

State Sen. Steve Lathrop

District: 12

From: Omaha

Party: Democratic

Handout

State Sen. Justin Wayne

District: 13

From: Omaha

Party: Democratic

State Sen. John Arch

District: 14

From: La Vista

Party: Republican

State Sen. Lynne Walz

District: 15

From: Fremont

Party: Democratic

State Sen. Ben Hansen

District: 16

From: Blair

Party: Republican

State Sen. Joni Albrecht

District: 17

From: Thurston

Party: Republican

Handout

State Sen. Brett Lindstrom

District: 18

From: Omaha

Party: Republican

State Sen. Mike Flood

District: 19

From: Norfolk

Party: Republican

State Sen. John McCollister

District: 20

From: Omaha

Party: Republican

State Sen. Mike Hilgers

District: 21

From: Lincoln

Party: Republican

State Sen. Mike Moser

District: 22

From: Columbus

Party: Republican

State Sen. Bruce Bostelman

District: 23

From: Brainard

Party: Republican 

State Sen. Mark Kolterman

District: 24

From: Seward

Party: Republican

Handout

State Sen. Suzanne Geist

District: 25

From: Lincoln

Party: Republican

State Sen. Matt Hansen

District: 26

From: Lincoln

Party: Democratic

Anna Wishart

Courtesy photo

State Sen. Patty Pansing Brooks

District: 28

From: Lincoln

Party: Democratic

Handout

State Sen. Eliot Bostar

District: 29

From: Lincoln

Party: Democratic

State Sen. Myron Dorn

District: 30

From: Adams

Party: Republican

State Sen. Rich Pahls

District: 31 

From: Omaha

Party: Republican

State Sen. Tom Brandt

District: 32

From: Plymouth

Party: Republican

State Sen. Steve Halloran

District: 33

From: Hastings

Party: Republican

Handout

State Sen. Curt Friesen

District: 34

From: Henderson

Party: Republican

State Sen. Raymond Aguilar

District: 35 

From: Grand Island

Party: Republican

State Sen. Matt Williams

District: 36

From: Gothenburg

Party: Republican

John Lowe

State Sen. Dave Murman

District: 38

From: Glenvil

Party: Republican

State Sen. Tim Gragert

District: 40

From: Creighton

Party: Republican

Tom Briese

State Sen. Mike Groene

District: 42

From: North Platte

Party: Republican

State Sen. Tom Brewer

District: 43

From: Gordon

Party: Republican

State Sen. Dan Hughes

District: 44

From: Venango

Party: Republican

State Sen. Rita Sanders

District: 45

From: Bellevue

Party: Republican

State Sen. Adam Morfeld

District: 46

From: Lincoln

Party: Democratic

State Sen. Steve Erdman

District: 47

From: Bayard

Party: Republican

State Sen. John Stinner

District: 48

From: Gering

Party: Republican

State Sen. Jen Day

District: 49 

From: Omaha

Party: Democratic

State Sen. Mike Jacobson

District: 42

From: North Platte 

Party: Republican

PHOTO BY JUSTIN WAN, LINCOLN JOURNAL STAR

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Rob Clements (copy)

Clements