Section Rev 2404.02 - Availability or Requirement of Apportionment for a Business Enterprise(a) A New Hampshire business enterprise shall apportion its enterprise value tax base outside of New Hampshire if: (1) Its business activities are conducted both within and without New Hampshire; and(2) The business enterprise's activities were sufficient in another state for that state to impose a: b. Franchise tax based upon net income;d. Business privilege tax; ore. Tax of the type imposed by RSA 77-E.(b) A business enterprise shall complete and file Form BET-80, "Business Enterprise Tax Apportionment," with the applicable Form BET described in Rev 2407.03, to apportion its New Hampshire business activity in accordance with RSA 77-E:4.(c) A business enterprise, which is a member of a combined group required to apportion its New Hampshire business activity, in accordance with RSA 77-E:4, shall complete and file Form BET-80-WE, "Business Enterprise Tax Apportionment for Individual Nexus Members of a Combined Group."(d) A business enterprise not domiciled in New Hampshire shall apportion a portion of its enterprise value tax base to New Hampshire if its business activities within New Hampshire are sufficient to meet the due process requirements of the New Hampshire Constitution in Part I, Article 12 and Part II, Articles 5 and 6.(e) A business enterprise shall not apportion a portion of its income to another state when: (1) Its activities within the other state were not sufficient for that state to impose the taxes referred in (a)(2) above;(2) It pays a minimal fee for qualifying to do business within that state; or(3) It files and pays a tax, referred to in (a)(2) above, which was not legally required.N.H. Admin. Code § Rev 2404.02
INTERIM #5708, eff 9-23-93, EXPIRED: 1-21-94; ss by #5774, eff 1-21-94; ss by #7178, eff 12-23-99, EXPIRED: 12-23-07
New. #9065, eff 1-10-08 (from Rev 2404.02)
Amended by Volume XXXVI Number 06, Filed February 11, 2016, Proposed by #11032, Effective 1/29/2016, Expires 1/29/2026.