N.H. Admin. Code § Rev 802.04 - Transfers Involving the United States Government

State Regulations
Compare

(a) If a person or entity is a party to a transaction with the United States government, that person or entity shall be liable for payment of the applicable portion of the tax under RSA 78-B:4; as in the following example:

Owner owns 500 acres of unimproved real estate in the White Mountains with a fair market value of $500,000. Owner sells all 500 acres to the United States Department of Agriculture for $500,000. 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 $500,000. The United States Department of Agriculture shall be exempt from payment of the tax pursuant to RSA 78-B:2, II. Owner shall be subject to his or her portion of the tax.

(b) The tax imposed by RSA 78-B shall not apply to any agency of the United States government, any instrumentality thereof, or a government corporation which is specifically exempt from state or local taxation under the provisions of federal law including, but not limited to, the:

(1) Department of Veteran's Affairs;

(2) Federal Land Bank;

(3) Farmers Home Administration;

(4) Department of Housing and Urban Development;

(5) Branches of the military; and

(6) Government National Mortgage Association.

(1) Request evidence from the party that:

a. It is an agency or instrumentality of the United States government; or

b. The party is exempted from state and local taxation under the provision of federal law; or

(2) Advise the directorof the department of revenue administration's audit division, of the parties to the transfer and the book and page number of the recording.

Notes

N.H. Admin. Code § Rev 802.04

#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 802.13), 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.

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.

Owner owns 500 acres of unimproved real estate in the White Mountains with a fair market value of $500,000. Owner sells all 500 acres to the United States Department of Agriculture for $500,000. 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 $500,000. The United States Department of Agriculture shall be exempt from payment of the tax pursuant to RSA 78-B:2, II. Owner shall be subject to his or her portion of the tax.

(b) The tax imposed by RSA 78-B shall not apply to any agency of the United States government; any instrumentality thereof, or a government corporation which is specifically exempt from state or local taxation under the provisions of federal law including, but not limited to, the: