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Home » US Law » 2022 New Hampshire Revised Statutes » Title V - Taxation » Title 77-E - Business Enterprise Tax

Section 77-E:1 – Definitions.

    77-E:1 Definitions. – In this chapter: I. "Accumulated revenues and profits" means: (a) In the case of a corporation, other than a subchapter S corporation, the amount determined to be earnings and profits for federal income tax purposes; or (b) In the case of all other business enterprises, including subchapter S corporations, the total […]

Section 77-E:10 – Taxpayer Records.

    77-E:10 Taxpayer Records. – Every business enterprise shall: I. Keep such records as may be necessary to determine the amount of its liability under this chapter. II. Preserve such records for the period of 5 years or until any litigation or prosecution under this chapter is finally determined. III. Make such records available for […]

Section 77-E:11 – Administration.

    77-E:11 Administration. – I. The commissioner shall collect the taxes, interest, additions to tax, and penalties imposed under this chapter and RSA 21-J. II. The commissioner of revenue administration shall adopt rules, pursuant to RSA 541-A, relative to: (a) The form of the return and the data which it must contain for the correct […]

Section 77-E:12 – Certifications for Dissolution, Withdrawal, and Good Standing.

    77-E:12 Certifications for Dissolution, Withdrawal, and Good Standing. – I. (a) No corporation organized under any law of this state may transfer property to its shareholders pursuant to RSA 293-A:14.05(a) until all taxes and interest imposed upon the corporation under this chapter have been fully paid and a certificate of dissolution shall have been […]

Section 77-E:13-a – Employee Leasing Companies.

    77-E:13-a Employee Leasing Companies. – I. For the purposes of the provisions of RSA 277-B:9, I(h), an employee leasing company and client company may elect to make the client company solely responsible for paying the tax imposed by RSA 77-E, and include in the client company’s compensation portion of the enterprise value tax base […]

Section 77-E:14 – Distribution of Funds.

    77-E:14 Distribution of Funds. – I. The commissioner shall determine the additional amounts of revenue produced by an increase of .50 percent in the rate of tax imposed by RSA 77-E:2 for each fiscal year and shall certify such amounts to the state treasurer by October 1 of that year for deposit in the […]

Section 77-E:2 – Imposition of Tax.

    77-E:2 Imposition of Tax. – I. For all taxable periods ending on or after December 31, 2019, a tax is imposed at the rate of 0.6 percent upon the taxable enterprise value tax base of every business enterprise. II. For all taxable periods ending on or after December 31, 2022, a tax is imposed […]

Section 77-E:3 – Special Adjustments.

    77-E:3 Special Adjustments. – The following adjustments shall be made to the enterprise value tax base in determining taxable enterprise value tax base: I. In the case of a business enterprise, the enterprise value tax base of which includes compensation derived from self-employment income subject to tax under section 1401 of the United States […]

Section 77-E:3-b – Credit for Research and Development.

    77-E:3-b Credit for Research and Development. – The unused portion of any research and development credit awarded by the commissioner under RSA 77-A:5, XIII shall be available to apply to the business enterprise tax. Source. 2007, 271:2, eff. July 1, 2007; 271:6, II, eff. July 1, 2015.

Section 77-E:3-c – Coos County Job Creation Tax Credit.

    77-E:3-c Coos County Job Creation Tax Credit. – I. (a) There shall be a tax credit allowed for each qualified tax credit employee, for up to 5 consecutive tax periods, as certified by the commissioner of business and economic affairs under RSA 162-Q:1. The amount of the tax credit shall be as follows: (1) […]

Section 77-E:3-d – Education Tax Credit.

    77-E:3-d Education Tax Credit. – The education tax credit as computed in RSA 77-G:4 shall be allowed against the tax due under this chapter. Source. 2012, 287:3, eff. June 27, 2012.

Section 77-E:3-e – Granite State Paid Family Leave Plan Tax Credit.

    77-E:3-e Granite State Paid Family Leave Plan Tax Credit. – There shall be a tax credit allowed against the tax due under this chapter in an amount equal to 50 percent of the premium paid by a sponsoring employer for family and medical leave insurance coverage offered to employees pursuant to RSA 21-I:103 for […]

Section 77-E:4 – Apportionment.

    77-E:4 Apportionment. – I. A business entity, the business activities of which are taxable both within and without this state and which is subject to a business privilege tax, a net income tax, a franchise tax measured by net income, a capital stock tax, or a tax of the type imposed by this chapter […]

Section 77-E:5 – Returns.

    77-E:5 Returns. – I. Every business enterprise having gross business receipts in excess of $250,000 as defined by RSA 77-E:1, X, during the taxable period or the enterprise value tax base of which is greater than $250,000 shall, on or before the fifteenth day of the third month in the case of enterprises required […]

Section 77-E:5-a – Election of Qualified Investment Company Status.

    77-E:5-a Election of Qualified Investment Company Status. – Business organizations that have elected qualified investment company status pursuant to RSA 77-A:5-b shall be qualified investment companies for the purposes of this chapter for the tax period or periods corresponding to the election. Source. 2004, 143:7, eff. May 24, 2004.

Section 77-E:6 – Payments Due With Returns.

    77-E:6 Payments Due With Returns. – I. All business enterprises required under RSA 77-E:5, II to make payments of estimated tax shall make such payments in installments as follows: 25 percent is due and payable on the fifteenth day of the fourth month of the subsequent taxable year; 25 percent is due and payable […]

Section 77-E:7 – Additional Returns.

    77-E:7 Additional Returns. – When the commissioner has reason to believe that a business enterprise failed to file a return or to include any part of its enterprise value tax base in a filed return, the commissioner may require the enterprise to file a return or a supplementary return showing such additional information as […]

Section 77-E:8 – Extension of Time for Returns.

    77-E:8 Extension of Time for Returns. – For good cause, the commissioner may extend the time within which a business enterprise is required to file a return, and if such return is filed during the period of extension no penalty may be imposed for failure to file the return at the time required by […]