Section Rev 2402.08 - Employee Leasing Companies(a) Employee leasing companies shall be solely responsible for paying wages to leased employees pursuant to RSA 277-B:9, I(a).(b) An employee leasing company and a client company may jointly elect to make the client company solely responsible for including the leased employees' wages in the client company's compensation portion of the enterprise value tax base for those wages paid to leased employees.(c) If the employee leasing company and the client company make such an election, the client company shall be the company eligible for the credit provided in RSA 77-A:5, X.(d) In order to make the election described in this section, the employee leasing company and the client company shall jointly complete and file Form DP-216, "Employee Leasing Company Business Enterprise Tax (BET) Election," with the department.(e) For an election to be effective for any given tax year, the employee leasing company and the client company shall jointly complete and file Form DP-216 prior to the end of the employee leasing company's tax year.(f) An election described in this section shall remain in effect until both the employee leasing company and the client company notify the department of the termination by completing and filing Form DP-216.(g) In order to terminate the election described in this section, the employee leasing company and the client company shall jointly complete and file Form DP-216 with the department prior to the end of the employee leasing company's tax year to which the termination relates.(i) For both an election and termination of an election, if the client company has a different taxable period than the employee leasing company, the election or termination shall apply to the client company's taxable period as of the first day of the employee leasing company's taxable period to which the election or termination relates.(j) By making the election pursuant to RSA 77-E:13-a and completing and filing Form DP-216, the employee leasing company and the client company agree that the department is authorized to disclose to each named company the information provided on Form DP-216 and any information relevant to the election for the sole purpose of auditing this election.N.H. Admin. Code § Rev 2402.08
Derived From Volume XXXVI Number 10, Filed March 10, 2016, Proposed by #11045, Effective 2/24/2016, Expires 2/24/2026.