Instructions
Who May File. Any person paying the documentary stamp tax imposed by Neb. Rev. Stat. § 76-901 may le a claim
for refund if the payment was: (1) the result of a misunderstanding or honest mistake of the taxpayer; (2) the result of
a clerical error on the part of the register of deeds or the taxpayer; or (3) invalid for any reason.
When to File. A claim for refund of documentary stamp tax must be made within two years of payment. The claim
for refund must be made on this form. Attach a copy of the recorded deed and proof of payment. If the claim for
refund is based upon an exemption listed in Neb. Rev. Stat. § 76-902, state the statute subsection number and reason
for the refund claim. Copies of any supporting documents should be attached to this form.
Where to File. This form must be led in the ofce of the county register of deeds where the tax was paid.
County Register of Deeds and Tax Commissioner Procedures for Review of Refund Claim. The register of
deeds must, within 30 days, make a recommendation of either approved, approved as revised, or denied. A copy of
the recommendation, together with a copy of the claim, a copy of the Real Estate Transfer Statement, Form 521, and
the documentation, must be led with the Tax Commissioner. Please mail a copy of the required documents along
with the register of deeds recommendation to the Nebraska Department of Revenue, PO Box 98919, Lincoln NE
68509-8919. Within 30 days after receiving the recommendation, the Tax Commissioner must approve or deny the
claim for refund in whole or in part. A copy of the decision of the Tax Commissioner will be mailed to the register of
deeds and to the claimant’s address within ten days after the decision is rendered. If a refund is approved by the Tax
Commissioner of all or a portion of the documentary stamp tax paid, the register of deeds is authorized to make the
refund from the currently collected documentary stamp tax funds in the ofce of the register of deeds.
Appeal Procedure. A taxpayer denied a claim for refund, in whole or in part, may appeal the decision of the Tax
Commissioner within 30 days to the Lancaster County District Court.
Specic Line Instructions
Line 1. Enter the total amount of documentary stamp tax originally paid by the claimant. Attach a copy of the recorded
deed and proof of payment of the documentary stamp tax, such as copies of receipts or canceled checks.
Line 2. Enter the amount of documentary stamp tax you believe is due (if zero, enter zero). Provide the basis for this
amount in the area provided. Attach any supporting documents substantiating this amount.
Line 3. Enter the amount of documentary stamp tax refund claimed.