N.H. Admin. Code § Rev 304.05 - Business Organizations Seeking a Modification of Apportionment Provisions

(a) A business organization shall petition the commissioner in writing by separate cover for approval prior to using the modified apportionment formula provided in RSA 77-A:3.

(b) The petition for use of the modification of the apportionment formula shall:

(1) Be mailed to:

Commissioner

New Hampshire Department of Revenue Administration

PO Box 457

Concord, NH 03302-0457;

(2) Set forth a complete statement of the facts relating to the request including:

a.For all interested parties:

i.Full names and addresses;

ii.Taxpayer identification numbers; and

iii.Department license numbers, if any;

b.A full and precise statement of the necessity for the modification;

c.A detailed description of the business activity which necessitates the modification; and

d.Evidence supporting the business organization's petition including:

i.Court decisions on the matter; and

ii.True copies of all contracts, deeds, agreements, instruments, or other documents demonstrating the necessity of the modification;

(3) Reference to the statutory provisions relating to the subject of the petition;

(4) A description of the modified formula proposed by the business organization; and

(5) A statement whether or not, to the best of the petitioner's knowledge, the modification is the subject of prior petition requests of a similar or identical factual nature.

(c) The information in the petition shall be reviewed by the commissioner's designee, to determine whether the requested modification measures the activity being conducted in New Hampshire more accurately than the statutory apportionment formulas.

(d) A petitioner may appeal the department's written determination and request a hearing on the petition in the same manner as an adjudicative proceeding involving the administration, assessment, or refund of taxes governed by Rev 200.

(e) An appeal shall be filed, pursuant to Rev 200, within 60 days of the notice of the determination of the commissioner's designee.

(f) The use of a separate accounting result which differs from the standard apportionment result shall not prove the need for, or the acceptability of, a modified apportionment formula.

(g) If the commissioner disapproves a petition, no return shall be considered filed by the business organization until a proper apportionment schedule is submitted to the department.

(h) The use of a modified apportionment formula by a business organization without prior written approval or final hearing order of the commissioner shall:

(1) Constitute a willful violation of RSA 77-A:3; and

(2) Not be considered filed for purposes of RSA 77-A:6, RSA 77-A:1, VII; and Rev 307 until such approval has been obtained from or ordered by the commissioner.

(i) A copy of the commissioner's approval letter shall be attached to all subsequent returns filed.

Notes

N.H. Admin. Code § Rev 304.05

#4192, eff 12-23-86; ss by #4438, eff 6-22-88; ss by #5490, eff 10-19-92; amd by #5910, eff 10-14-94; ss by #6853, eff 9-23-98; ss by #8709, eff 8-25-06 (formerly Rev 304.06)

Amended byVolume XXXV Number 06, Filed February 12, 2015 , Proposed by #10758, Effective 1/16/2015, Expires1/16/2025.