N.H. Admin. Code § Rev 802.03 - Transfers Involving the State of New Hampshire or its Political Subdivisions

(a) Transfers of real property, whether by sale or grant, from the state of New Hampshire or a political subdivision of the state of New Hampshire shall be taxable to the transferee if such transferee is not exempt from tax:

(1) Under any provision of RSA 78-B; or

(2) As described in this section.

(b) The tax imposed by RSA 78-B shall not apply to either the transferee or the transferor in a transfer, whether sale or grant, to the state of New Hampshire and housing authorities defined by RSA 203:3, I and exempted from tax under RSA 203:22.

(c) The housing finance authority, as defined by RSA 204-C:1, I and as described byRSA 204-C:2, shall be exempt from the transfer tax as provided in RSA 204-C:49.

(d) If aperson is a party to a transaction with the housing finance authority, that person shall be liable for payment of the applicable portion of tax under RSA 78-B:4.

(e) This section shall apply to transfers involving the state of New Hampshire or its political subdivisions as in the following example:

Town owns 1 acre of beachfront property with a fair market value of $1 million. Town sells the beachfront property to Buyer for $1 million. No additional consideration is exchanged. Pursuant to RSA 78-B, the transaction shall be deemed a taxable sale, granting, or transfer. Pursuant to RSA 78-B:1-a, IV, the amount of consideration shall be $1 million. Town shall be exempt from payment of the tax pursuant to RSA 78-B:2, I. Buyer shall be subject tofor his or her portion of the tax.

Notes

N.H. Admin. Code § Rev 802.03

#1169, eff 5-23-78; ss by #2154, eff 10-11-82; ss by #2822, eff 8-17-84; ss by #5300, eff 12-26-91; ss and moved by #6691, eff 2-21-98 (formerly Rev 802.12), EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Amended byVolume XXXIV Number 41, Filed October 9, 2014, Proposed by #10665, Effective 9/9/2014, Expires9/9/2024. Amended by Volume XXXV Number 32, Filed August 13, 2015 , Proposed by #10882, Effective 7/11/2015, Expires7/11/2025. Amended by Number 41, Filed October 10, 2024, Proposed by #14071, Effective 9/10/2024, Expires 9/10/2034.