N.H. Admin. Code § Rev 304.06 - Use of Special Industry Apportionment Provisions

Paragraphs (a) through (f) shall apply to taxable periods ending before December 31, 2021, and paragraph (g) shall apply to taxable periods ending on or after December 31, 2021 as follows:

(a) A business organization, which is not a member of a combined group, may elect to use one of the industry specific apportionment provisions in Rev 304.07 through Rev 304.11, provided more than 50% of the business organization's:

(1) Gross receipts for the taxable period are from sources relating to the industry identified by the rule; and

(2) Total assets on the last day of the taxable period are commonly related to the industry identified by the rule.

(b) A business organization, which is a member of a combined group, may elect to use one of the industry specific apportionment provisions in Rev 304.07 through Rev 304.11 provided more than 50% of the combined group's:

(1) Gross receipts for the taxable period are from sources relating to the industry identified by the rule; and

(2) Total assets on the last day of the taxable period are commonly related to the industry identified by the rule.

(c) The business organization or group of business organizations electing to use the industry specific apportionment provisions contained in Rev 304.07 through Rev 304.11 shall continue to use the apportionment provisions until:

(1) The department grants, in writing, a request made to the department to change the method used; and

(2) The department approves of a change in the apportionment method upon a showing that the business organizations:

a. No longer meets the requirements to use special industry apportionment provisions; or

b. Circumstances have changed so that the use of special industry apportionment provisions no longer accurately reflects the business organization's business activity in New Hampshire.

(d) Unless otherwise indicated, the industry specific apportionment provision elected by the business organization shall apply in its entirety.

(e) If the business organization considers the formula in the industry specific apportionment provisions in Rev 304.07 through Rev 304.11 to not accurately reflect the business organization's business activity in New Hampshire, the business organization may petition for modification to the formula pursuant to Rev 304.05.

(f) If the commissioner determines that the formula in the industry specific apportionment provisions in Rev 304.07 through Rev 304.11 do not accurately reflect the business organization's business activity in New Hampshire, the commissioner shall propose a modification to the formula. Should the business organization disagree with the proposed modification, the commissioner shall, pursuant to RSA 77-A:3, II(a), enforce such modification when the dispute is unable to be resolved through the process outlined in Rev 308.03.

(g) A business organization or combined group shall use one of the industry specific apportionment provisions in Rev 304.07 through Rev 304.11, provided more than 50% of the business organization's or combined group's:

(1) Gross receipts for the taxable period are from sources relating to the industry identified by the rule; and

(2) Total assets on the last day of the taxable period are commonly related to the industry identified by the rule.

(h) For taxable periods ending on or after December 31, 2022, a business organization or combined group shall exclusively use the sales factor when utilizing one of the industry specific apportionment provisions referenced in paragraph (g) above, without regard to the property or payroll factor provisions.

Notes

N.H. Admin. Code § Rev 304.06

#5910, eff 10-14-94; ss by #6853, eff 9-23-98; ss by #6962, eff 3-25-99; ss by #8709, eff 8-25-06

Amended byVolume XXXV Number 06, Filed February 12, 2015 , Proposed by #10758, Effective 1/16/2015, Expires1/16/2025. Amended by Volume XLI Number 14, Filed April 8, 2021, Proposed by #13177, Effective 3/6/2021, Expires 3/6/2021 Amended by Volume XLII Number 41, Filed October 13, 2022, Proposed by #13450, Effective 9/23/2022, Expires 9/24/2032.