If the filing status on the Nebraska return is married, filing separately, but a married, filing jointly return is filed in the other state, the credit must be prorated.
If the other state’s return separates the income of both spouses, use the income and tax paid to the other state reported by the spouse who is filing the resident return with Nebraska. If the income is not separately stated, the account will be reviewed by the Department.
Take the lower tax liability of the two returns and multiply by the ratio of the Nebraska liability, divided by the combined tax liabilities on the two returns.
For both returns, the liability referenced in the above formula is the liability after nonrefundable credits, with the exception of the credit claimed for payment of tax to the other state representing the dual state residency.
On fiduciary returns, the tax liability for each separate state is computed on only the portion of the trust's income which is subject to tax in both states.
First determine the tax liability for each of the resident returns in order to determine which state has the lower liability. The tax amount is computed on the portion of the trust's income which is subject to tax in both states. If there are any modifications to the other state’s income which are not the same modifications taken on the Nebraska return, (such as an addition for a state income tax refund, etc.), the modification must not be included when determining the portion of the trust's income that is taxed in both states. In most situations, the liability for each state that is used in the formula should be the tax liability after all non-refundable credits except for the credit for tax paid to the other state.