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RSA 77-E:13 · Application of Credit for Business Enterprise Tax Against Business Profits Tax

Title: V: TAXATION
Chapter: 77-E · BUSINESS ENTERPRISE TAX
Status: current
Official source linked: Yes

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77-E:13 Application of Credit for Business Enterprise Tax Against Business Profits Tax. – If the business enterprise liable for taxes imposed by this chapter is a member of a unitary business within the meaning of RSA 77-A:1, XIV, then the entire amount of the taxes due under this chapter by the individual member of such unitary business shall be allowed as a credit pursuant to RSA 77-A:5, X, against such individual member's portion of the total tax liability of the unitary business under RSA 77-A. In the event that the individual member's credit exceeds such member's portion of the total tax liability of the unitary business, the excess of such credit shall be allowed as a credit against any other individual member's tax liability under RSA 77-A, provided such other member is also subject to the tax imposed by this chapter. The tax liability of an individual member of a unitary business under RSA 77-A shall be determined by the following steps:

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Determine a combined nexus group denominator for the applicable apportionment factors by adding the apportionment factor numerators of the individual members of the combined group subject to tax under RSA 77-A.

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II.

Determine an individual apportionment percentage for each member of the combined group subject to tax under RSA 77-A by dividing such member's applicable individual New Hampshire apportionment factor numerators by the combined nexus group denominators determined in paragraph I.

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III.

Apply the individual apportionment percentage, determined in paragraph II, to business profits tax liability of the water's edge combined group as determined in accordance with the provisions of RSA 77-A. Source. 1993, 350:19, eff. July 1, 1993. 2019, 346:428, eff. Jan. 1, 2022.

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Source note

Source. 1993, 350:19, eff. July 1, 1993. 2019, 346:428, eff. Jan. 1, 2022.

Source history

1993, 350:19, eff. July 1, 1993
2019, 346:428, eff. Jan. 1, 2022

Related materials

Bill relationships

2026 HB1420 amend · effective 2030-01-01
ed as an overpayment of tax to be credited or refunded, but with no interest to be paid thereon. 3 New Section; Business Enterprise Tax; Local Advertisement Tax Credit. Amend RSA 77-E by inserting after section 14 the following new section: 77-E:15 Local Advertisement Tax Credit. The local advertisement tax credit, as computed in RSA 77-H, shall be allowed against the tax due under this chapter.
2026 HB1420-FN amend · effective 2030-01-01
ed as an overpayment of tax to be credited or refunded, but with no interest to be paid thereon. 3 New Section; Business Enterprise Tax; Local Advertisement Tax Credit. Amend RSA 77-E by inserting after section 14 the following new section: 77-E:15 Local Advertisement Tax Credit. The local advertisement tax credit, as computed in RSA 77-H, shall be allowed against the tax due under this chapter.
2026 HB1433 reference · effective 2026-07-01
credit equal to 50 percent of its total claimed expenditures in (a) and (b) against its business profits taxes due under RSA 77-A, against its business enterprise taxes due under RSA 77-E, or apportioned against each, provided the total credits granted shall not exceed 50 percent of the businesses' total claimed expenditures under paragraph I(a) and I(b). The credit applied to the business enterprise t
2026 HB1433-FN reference · effective 2026-07-01
credit equal to 50 percent of its total claimed expenditures in (a) and (b) against its business profits taxes due under RSA 77-A, against its business enterprise taxes due under RSA 77-E, or apportioned against each, provided the total credits granted shall not exceed 50 percent of the businesses' total claimed expenditures under paragraph I(a) and I(b). The credit applied to the business enterprise t
2026 HB1546 amend · effective 2027-01-01
urt convened: 1 The State and Its Government; State Treasurer; Application of Receipts. Amend RSA 6:12, I(b)(65) to read as follows: (65) Money received under [RSA 77-A,] RSA 77-E, RSA 78, RSA 78-A, RSA 78-B, RSA 83-F, RSA 284:44 and RSA 284:47, and from the sweepstakes fund, which shall be credited to the education trust fund under RSA 198:39. 2 The State and Its Government; State Treasurer; E
2026 HB1546 related · effective 2027-01-01
credits. V. RSA 77-E:3-f, relative to unused granite patron of the arts tax credits. VI. RSA 77-E:5-a, relative to the election of qualified investment company status. VII. RSA 77-E:13, relative to the application of credit for business enterprise tax against the business profits tax. VIII. RSA 77-E:13-a, II, relative to employee leasing companies eligible for tax credits. IX. RSA 77-G:3, relative
2026 HB1546 reference · effective 2027-01-01
atutory tax credits provided by this state that are based on employment, leased employees shall be deemed employees solely of the client company if an election is made pursuant to RSA 77-E:13-a. A client company shall be entitled to the benefit of any such tax credit arising as the result of the employment of leased employees of such client company. Notwithstanding that the employee leasing company is the W-2
2026 HB1546-FN related · effective 2027-01-01
credits. V. RSA 77-E:3-f, relative to unused granite patron of the arts tax credits. VI. RSA 77-E:5-a, relative to the election of qualified investment company status. VII. RSA 77-E:13, relative to the application of credit for business enterprise tax against the business profits tax. VIII. RSA 77-E:13-a, II, relative to employee leasing companies eligible for tax credits. IX. RSA 77-G:3, relative
2026 HB1546-FN amend · effective 2027-01-01
urt convened: 1 The State and Its Government; State Treasurer; Application of Receipts. Amend RSA 6:12, I(b)(65) to read as follows: (65) Money received under [RSA 77-A,] RSA 77-E, RSA 78, RSA 78-A, RSA 78-B, RSA 83-F, RSA 284:44 and RSA 284:47, and from the sweepstakes fund, which shall be credited to the education trust fund under RSA 198:39. 2 The State and Its Government; State Treasurer; E
2026 HB1546-FN reference · effective 2027-01-01
atutory tax credits provided by this state that are based on employment, leased employees shall be deemed employees solely of the client company if an election is made pursuant to RSA 77-E:13-a. A client company shall be entitled to the benefit of any such tax credit arising as the result of the employment of leased employees of such client company. Notwithstanding that the employee leasing company is the W-2
2026 HB1629 amend · effective 2027-07-01
ourt convened: 1 The State and Its Government; State Treasurer; Application of Receipts. Amend RSA 6:12, I(b)(65) to read as follows: (65) Money received under RSA 77-A, [RSA 77-E,] RSA 78, RSA 78-A, RSA 78-B, RSA 83-F, RSA 284:44 and RSA 284:47, and from the sweepstakes fund, which shall be credited to the education trust fund under RSA 198:39. 2 The State and Its Government; State Treasurer
2026 HB1629 reference · effective 2027-07-01
atutory tax credits provided by this state that are based on employment, leased employees shall be deemed employees solely of the client company if an election is made pursuant to RSA 77-E:13-a.] A client company shall be entitled to the benefit of any such tax credit arising as the result of the employment of leased employees of such client company. Notwithstanding that the employee leasing company is the W-2