N.H. Admin. Code § Rev 306.06 - Application of Credits to Business Organizations Included in a Combined Group

(a) The credits enumerated in RSA 77-A:5 and this section shall apply against the business profits tax liability of the individual member of the combined group, as calculated in (b) or (c) below.

(b) To determine its business profits tax liability for tax periods ending before December 31, 2022, the individual member of the combined group shall:

(1) Determine a combined nexus group denominator for the property, payroll, and sales factors by adding the property, payroll and sales factor numerators of the individual members of the combined group subject to tax under RSA 77-A;

(2) Determine an individual apportionment percentage for each member of the combined group subject to tax under RSA 77-A by dividing such member's individual New Hampshire property, payroll and sales factor numerators by the combined nexus group denominators determined in (1) above, dividing the total by 3; and

(3) Apply the individual apportionment percentage, determined in (b)(2), above, to the business profits tax liability of the combined group as determined in accordance with the provisions of RSA 77-A.

(c) To determine its business profits tax liability for tax periods ending on or after December 31, 2022, the individual member of the combined group shall:

(1) Determine a combined nexus group denominator for the sales factor by adding the sales factor numerators of the individual members of the combined group subject to tax under RSA 77-A;

(2) Determine an individual apportionment percentage for each member of the combined group subject to tax under RSA 77-A by dividing such member's individual New Hampshire sales factor numerator by the combined nexus group sales factor denominator determined in (1) above; and

(3) Apply the individual apportionment percentage, determined in (c)(2), above, to the business profits tax liability of the combined group as determined in accordance with the provisions of RSA 77-A.

Notes

N.H. Admin. Code § Rev 306.06

#4192, eff 12-23-86; ss by #5490, eff 10-19-92; ss by #5910, eff 10-14-94; ss by #6853, eff 9-23-98; ss by #8709, eff 8-25-06 (formerly Rev 306.05 )

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