Section Rev 709.03 - Aiding and Abetting an Understatement of Tax Liability(a) The penalty provided in RSA 21-J:33-c shall be assessed against any person who aids, assists in, procures or advises in the preparation of any return or other document in connection with the meals and rentals tax or departmental rules if: (1) The person knows that the information provided will be used in the preparation of any material document; and(2) The person knows that if used, the information will result in an understatement of tax liability.(b) The penalty shall not be assessed in instances where the operator adequately disclosed the relevant facts regarding the tax treatment of the item in the manner provided in Rev 709.01(b) and (c).(c) If in an adjudicative proceeding or a judicial decision it is established that there was no understatement of liability and if previously paid by the preparer, then the penalty imposed by RSA 21-J:33-c shall be abated and refunded.(d) The refund of the penalty shall be made without any consideration of any period of limitation for the issuance of a refund.N.H. Admin. Code § Rev 709.03
#7505, eff 6-19-01; ss by #8653, eff 6-8-06
Amended byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10714, Effective 11/7/2014.