With the passage of LB 644 (2025), beginning October 1, 2025, foreign adversarial companies (FAC) as defined in Neb. Rev. Stat. § 77-3,114 are ineligible to receive any benefits under an incentive program of the State of Nebraska. This applies to all incentive programs including, but not limited to, those specifically listed under § 77-3,114(2). Taxpayers also may not claim incentive program credits (including distributed credits) from a business that is, or is owned in whole or in part, by an FAC. All income tax returns filed on or after October 1, 2025, for any tax year are impacted. Foreign adversaries as defined under 15 C.F.R. 791.4, as such regulation existed on April 1, 2025, are:
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