78-B:1 Transfer Tax. – I. (a) A tax is imposed upon the sale, granting and transfer of real estate and any interest therein including transfers by operation of law. Each sale, grant and transfer of real estate, and each sale, grant and transfer of an interest in real estate shall be presumed taxable unless […]
78-B:1-a Definitions. – In this chapter: I. "Commissioner" means the commissioner of the department of revenue administration. II. "Contractual transfer" means a bargained-for exchange of all transfers of real estate or an interest therein, including but not limited to: (a) From a shareholder to a corporation in which he holds an interest; or (b) […]
78-B:10 Declaration of Consideration Required. – I. A declaration of consideration shall be filed separately by the purchaser, grantee, assignee, or transferee and by the seller, grantor, assignor, or transferor with the department of revenue administration for each transfer of real estate or interest therein. The commissioner of revenue administration shall adopt rules, pursuant […]
78-B:10-a Repealed by 1999, 17:58, II, eff. April 29, 1999. –
78-B:11 Taxpayer Records. – Every buyer and seller of real estate shall: I. Keep such records as may be necessary to determine the amount of his liability under this chapter. II. Preserve such records for the period of 3 years or until any litigation or prosecution under this chapter is finally determined. III. Make […]
78-B:12 Repealed by 1991, 163:43, XXVII, eff. May 27, 1991. –
78-B:13 Distribution of Funds. – I. The commissioner shall determine the additional amounts of revenue produced by an increase of $.25 per $100 in the rate of tax imposed by RSA 78-B:1 for each fiscal year and shall certify such amounts to the state treasurer by October 1 of that year for deposit in […]
78-B:2 Exceptions. – The tax imposed by this chapter shall not apply: I. To a transfer of title to the state, a state agency, a county, a city, a town, a school district, or a village district. II. To the United States, or any agency or instrumentality thereof. III. To a mortgage or other […]
78-B:3 Evidence of Payment. – The payment of the tax imposed by this chapter shall be evidenced by indicia of tax paid as approved by the commissioner of revenue administration attached to the instrument in writing by which any real estate or any interest in real estate is sold, granted, assigned, transferred or otherwise […]
78-B:4 Payment of Tax. – I. The purchaser, grantee, assignee or transferee of any real estate or any interest in real estate shall buy and attach the indicia of tax paid approved by the commissioner of revenue administration to the instrument by which the real estate or interest in real estate is sold, granted, […]
78-B:5 Indicia of Tax Paid. – The commissioner of revenue administration shall determine and prescribe the size, shape and design of the indicia of tax paid and shall approve the use of any machine or mechanical device used to produce indicia of payment of the tax imposed by this chapter. Evidence of payment of […]
78-B:6 Recording. – The indicia of payment of the tax imposed by this chapter shall be attached to the deed, assignment or other instrument in writing before recording the same unless the instrument bears a statement that the transaction is not subject to the tax imposed by this chapter. Source. 1967, 320:1, eff. Jan. […]
78-B:7 False Statements. – If any purchaser, grantee, assignee, transferee, seller, grantor, assignor or transferor who is a party to a transfer of real estate or an interest in real estate falsely states in writing upon any instrument to be recorded or upon the declaration of consideration required by RSA 78-B:10 that no tax […]
78-B:7-a Interest. – Any party to a transfer of real estate or an interest in real estate subject to a penalty under RSA 78-B:7 shall pay interest as prescribed in RSA 21-J:28. Source. 1989, 197:7, eff. Jan. 1, 1990.
78-B:8 Administration. – I. This chapter shall be administered by the commissioner of revenue administration. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the administration of this chapter. Rules adopted under this chapter may include written examples of taxable and nontaxable real estate transactions. The commissioner shall recommend the amount of […]
78-B:9 Authority to Audit. – I. The commissioner of the department of revenue administration shall have the power to audit all real estate transfers within this state for purposes of verifying and determining the existence of a sale, granting or transfer of real estate, and for purposes of verifying and determining the amount of […]
78-B:9-a Procedure for Assessment or Refund of Tax. – I. Pursuant to the power granted under RSA 78-B:9, the commissioner may assess and collect additional tax, penalties, or interest imposed under this chapter or RSA 21-J, or refund any overpayment of tax paid under this chapter. II. (a) Upon completion of the assessment and […]
