TITLE V
TAXATION

Chapter 77
TAXATION OF INCOMES

Section 77:1


[RSA 77:1 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:1 Rate. –
I. The annual tax upon incomes shall be levied at the rate of 5 percent for all taxable periods ending before December 31, 2023.
II. The annual tax upon incomes shall be levied at the rate of 4 percent for all taxable periods ending on or after December 31, 2023.
III. The annual tax upon incomes shall be levied at the rate of 3 percent for all taxable periods ending on or after December 31, 2024.
IV. The annual tax upon incomes shall be levied at the rate of 2 percent for all taxable periods ending on or after December 31, 2025.
V. The annual tax upon incomes shall be levied at the rate of 1 percent for all taxable periods ending on or after December 31, 2026.

Source. 1923, 65:1. PL 65:1. RL 78:1. RSA 77:1. 1955, 309:1. 1977, 561:1, eff. July 1, 1977. 2021, 91:89, eff. Jan. 1, 2022.

Section 77:1-a

    77:1-a Repealed by 2010, Sp. Sess., 1:53, eff. July 1, 2010. –

Section 77:2


[RSA 77:2 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:2 Conformity to Laws. – It is the intention of this chapter, and it shall be construed, anything contained herein to the contrary notwithstanding, not to impose any tax upon any income in violation of the Constitution of the United States or in violation of any constitutional federal laws, or in violation of the constitution of this state, or in violation of any contractual obligations of exemption from taxation established prior to May 4, 1923, by the state or any of its political subdivisions or by the United States, which may not be impaired lawfully hereby.

Source. 1923, 65:6. PL 65:8. RL 78:8.

Section 77:3


[RSA 77:3 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:3 Who Taxable. –
I. Taxable income is that income received from interest and dividends during the tax year prior to the assessment date by:
(a) Individuals who are inhabitants or residents of this state for any part of the taxable year whose gross interest and dividend income from all sources, including income from a qualified investment company pursuant to RSA 77:4, V, exceeds $2,400 during that taxable period.
(b) Partnerships, limited liability companies, and associations, the beneficial interest in which is not represented by transferable shares, whose gross interest and dividend income from all sources exceeds $2,400 during the taxable year, but not including a qualified investment company as defined in RSA 77-A:1, XXI, or a trust comprising a part of an employee benefit plan, as defined in the Employee Retirement Income Security Act of 1974, section 3.
(c) Executors deriving their appointment from a court of this state whose gross interest and dividend income from all sources exceeds $2,400 during the taxable year.
II. No person shall be subject to tax under RSA 77 solely due to its holding an ownership interest in a qualified investment company as defined in RSA 77-A:1, XXI.

Source. 1923, 65:2. PL 65:2. 1931, 35:1. RL 78:2. RSA 77:3. 1981, 314:1. 1982, 42:65. 1991, 67:7. 1993, 313:2. 1995, 188:2. 2004, 143:1. 2009, 144:276. 2010, Sp. Sess., 1:50, eff. July 1, 2010. 2012, 286:3, eff. June 27, 2012.

Section 77:3-a


[RSA 77:3-a repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:3-a Limited Liability Company. – For purposes of this chapter, "limited liability company" means a limited liability company formed under RSA 304-C or a foreign limited liability company as defined in RSA 304-C:9.

Source. 1993, 313:3, eff. July 1, 1993. 2012, 232:3, eff. Jan. 1, 2013.

Section 77:4


[RSA 77:4 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:4 What Taxable. –
Income of the following described classes is taxable:
I. Interest from bonds, notes, money at interest, and from all debts due the person to be taxed, except interest from notes or bonds of this state and notes or bonds of any political subdivision of this state.
II. Dividends, other than stock dividends paid in new stock of the company issuing the same, on shares in all corporations and joint stock companies organized under the laws of any state, territory, or nation.
III. Dividends, other than stock dividends paid in new stock of the partnership, limited liability company, or association issuing the same, on shares in partnerships, limited liability companies, or associations the beneficial interest in which is represented by transferable shares.
IV. Dividends, other than that portion of a dividend declared by corporations to be a return of capital and considered by the federal internal revenue service to be such, the exemption of which is permitted by RSA 77:7.
V. Amounts reported and taxed federally as dividends or interest to a holder of an ownership interest in a qualified investment company as defined in RSA 77-A:1, XXI, a mutual fund, or a unit investment trust.
VI. [Repealed.]

Source. 1923, 65:2. PL 65:3. 1933, 184:1. RL 78:3. RSA 77:4. 1977, 240:1. 1983, 405:1. 1985, 164:1. 1991, 67:8. 1993, 313:4. 1995, 188:3. 1998, 163:1. 2004, 143:8. 2009, 144:277. 2010, Sp. Sess., 1:51. 2011, 181:4, eff. June 14, 2011. 2012, 286:4, eff. June 27, 2012.

Section 77:4-a

    77:4-a Repealed by 1995, 188:5, I, eff. June 12, 1995. –

Section 77:4-b


[RSA 77:4-b repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:4-b Interest and Dividend Income of Employee Benefit Plans and Tax Deferred Investments Not Taxable. – Notwithstanding any provisions of RSA 77:4 to the contrary, interest and dividend income received by an employee benefit plan as defined by the Employee Retirement Income Security Act of 1974, section 3, or any successor act enacted for the purpose of regulating employee benefit plans, or an individual retirement arrangement, Keogh plan or any other arrangement pursuant to which payment of federal tax on the income thereof and of the plan sponsors, participants and beneficiaries is deferred, shall at no time be considered taxable income under RSA 77:4, either to the plan or arrangement or to its sponsors, participants or beneficiaries, irrespective of when or whether all or any portion of such income is accumulated or expended for the benefit of, or distributed in any form or manner to, such sponsors, participants or beneficiaries.

Source. 1981, 314:2. 1982, 42:66, retroactive to Sept. 1, 1981.

Section 77:4-c


[RSA 77:4-c repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:4-c Sale or Exchange of Transferable Shares Not Taxable. – No provision of RSA 77:4 or RSA 77:7 shall be construed to include within any class of property otherwise taxable as income, any amount received from the sale, exchange or transfer of either a share of corporate stock or any other transferable share under this chapter, whether by way of liquidation, redemption or otherwise, and irrespective of the identity of the parties to the sale, exchange or transfer.

Source. 1988, 232:7, eff. June 29, 1988.

Section 77:4-d


[RSA 77:4-d repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:4-d Special Rule for Qualified Investment Companies, Mutual Funds, and Unit Investment Trusts. –
Notwithstanding any other provision of RSA 77:4, the following income items shall not be treated as dividends or interest income taxable under this chapter:
I. Amounts accruing to the holder of an ownership interest in a qualified investment company, as defined in RSA 77-A:1, XXI, or a mutual fund or investment income earned or distributions received by the holder of an ownership interest in a unit investment trust, which qualified investment company, mutual fund, or unit investment trust invests solely in New Hampshire tax-exempt tax anticipation notes, bond anticipation notes, and other instruments exempt under New Hampshire law.
II. Amounts reported and taxed federally as capital gains to the holder of an ownership interest in a qualified investment company, as defined in RSA 77-A:1, XXI, a mutual fund, or a unit investment trust.

Source. 1991, 297:1. 1992, 13:5. 2011, 181:5, eff. June 14, 2011.

Section 77:4-e


[RSA 77:4-e repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:4-e Interest and Dividends From Funds Invested in College Tuition Savings Plan Not Taxable. – Notwithstanding any provision of RSA 77:4, income and distributions from any qualified tuition program as defined in the Internal Revenue Code of 1986, as amended, shall not be taxable under this chapter to the plan or to its sponsors, participants, or beneficiaries to the extent that the same is exempt from federal income taxation under section 529 of the Internal Revenue Code of 1986, as amended, as that section was in effect on July 1, 2003.

Source. 1997, 304:1. 2003, 64:1, eff. July 1, 2003.

Section 77:4-f

    77:4-f Repealed by 2004, 143:8, II, eff. May 24, 2004. –

Section 77:4-g


[RSA 77:4-g repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:4-g Dividend. – Excess compensation determined by audit of the department shall not be considered a dividend under this chapter unless such determination is accepted by the Internal Revenue Service.

Source. 2011, 207:4, eff. June 25, 2011.

Section 77:4-h


[RSA 77:4-h repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:4-h Interest and Dividends from Funds Invested in Achieving a Better Life Experience (ABLE) Plan Not Taxable. – Notwithstanding any provision of RSA 77:4, income and distributions from any Achieving a Better Life Experience (ABLE) plan as defined in the Internal Revenue Code of 1986, as amended, shall not be taxable under this chapter to the plan or its sponsors, participants, or beneficiaries to the extent that the same is exempted from federal income taxation under section 529A of the Internal Revenue Code of 1986, as amended.

Source. 2016, 9:2, eff. Mar. 16, 2016.

Section 77:5


[RSA 77:5 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:5 Exemptions. –
Each taxpayer shall have the following exemptions:
I. Income of $2,400.
II. An additional $1,200 if either or both taxpayers are 65 years of age or older on the last day of the tax year.
III. An additional $1,200 if either or both taxpayers are blind.
IV. An additional $1,200 if either or both taxpayers are disabled, unable to work, and have not yet reached their sixty-fifth birthday.

Source. 1923, 65:2. PL 65:4. RL 78:4. 1951, 222:1. RSA 77:5. 1977, 561:2. 1981, 314:3. 1990, 140:2, X. 1997, 189:2, eff. July 1, 1997.

Section 77:5-a


[RSA 77:5-a repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:5-a Married Taxpayers; Joint Returns. – A married taxpayer may claim the exemptions provided in RSA 77:5 for both self and spouse, regardless of the ownership of the income from interest or dividends, provided that both husband and wife file a joint return.

Source. 1981, 314:4, eff. Sept. 1, 1981.

Section 77:6


[RSA 77:6 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:6 Income From Pledged Property. – For the purposes of this chapter, any securities or property of the classes designated herein producing taxable income, held in pledge, or on margin, or otherwise as security for a debt of the owner, whether standing in the name of the owner or of any other person, shall be deemed the property of the owner, and the income arising therefrom shall be included in his total taxable income.

Source. 1923, 65:3. PL 65:5. RL 78:5.

Section 77:7


[RSA 77:7 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:7 Capital Distribution. – No distribution of capital, whether in liquidation or otherwise, shall be taxable as income, but accumulated profits shall not be regarded as capital.

Source. 1923, 65:4. PL 65:6. RL 78:6.

Section 77:8


[RSA 77:8 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:8 Non-taxable Income. – No tax shall be levied directly or indirectly under this chapter upon any income otherwise taxable hereunder, which is received and used by any educational, religious, charitable, or temperance organization incorporated or organized in this state, for the purposes for which it is established; provided, that none of the income or profits of such organizations is divided among its stockholders or members or is used for purposes other than those for which it is established, or which is received by any trustee for the use of the state or any of its political subdivisions, or for the use of such organization for such purposes.

Source. 1923, 65:5. PL 65:7. RL 78:7.

Section 77:9


[RSA 77:9 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:9 Decedents' Estates. – The estates of deceased persons who last dwelt in this state shall be subject to the taxes imposed by this chapter upon all taxable income received by such persons during their lifetime, which has not already been taxed. The income received by such estates during administration shall be taxable to the estate, except such proportion thereof as equals the proportion of the estate to be distributed to non-taxable persons or organizations. The commissioner of revenue administration and executors and administrators of estates may effect a settlement by compromise of any question of doubt or dispute arising under this section.

Source. 1923, 65:7. PL 65:9. 1929, 9:1. RL 78:9. RSA 77:9. 1973, 544:8, eff. Sept. 1, 1973.

Section 77:10


[RSA 77:10 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:10 Income From Trusts and Foundations. – Interest and dividend income received by trusts and foundations treated as grantor trusts under section 671 of the United States Internal Revenue Code shall be included in the return of their grantor, to the extent that the grantor is an inhabitant or resident of this state. Income reported by, and taxed federally as interest or dividends to, a trust or foundation beneficiary who is an individual inhabitant or resident of this state with respect to distributions from a trust or foundation that is not treated as a grantor trust under section 671 of the United States Internal Revenue Code shall be included as interest or dividends in the return of such beneficiary and subject to taxation in accordance with the provisions of this chapter.

Source. 1923, 65:8. PL 65:10. RL 78:10. RSA 77:10. 1994, 178:2, eff. May 23, 1994. 2012, 286:5, eff. June 27, 2012. 2017, 257:48, eff. Oct. 1, 2017.

Section 77:11


[RSA 77:11 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:11 Accumulations. – Income accumulated in an employee benefit plan, as defined by the Employment Retirement Income Security Act of 1974, section 3, 29 United States Code ยง 1002(3), as amended, or in a trust comprising a part of such a plan, shall not be subject to taxation under RSA 77:1.

Source. 1923, 65:8. PL 65:11. RL 78:11. RSA 77:11. 1981, 314:5. 1982, 42:67. 2010, 324:5, eff. Jan. 1, 2011.

Section 77:12

    77:12 Repealed by 2012, 286:6, eff. June 27, 2012. –

Section 77:13


[RSA 77:13 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:13 Guardians, etc. – RSA 77:9 through RSA 77:11 shall apply to guardians, conservators, trustees in bankruptcy, receivers, and assignees for the benefit of creditors, so far as apt, to the taxable income received by them.

Source. 1923, 65:9. PL 65:13. RL 78:13. 2012, 286:6, eff. June 27, 2012.

Section 77:14

    77:14 Repealed by 2009, 144:278, I, eff. July 1, 2009. –

Section 77:14-a


[RSA 77:14-a repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:14-a Partnerships and Limited Liability Companies. – Partnerships and limited liability companies having a usual place of business in this state, any member of which is an inhabitant thereof, shall be subject to taxes imposed by this chapter. If any of the members of the partnership or limited liability company are not inhabitants of this state only so much of the income thereof as is proportionate to the aggregate interest of the partners or members who are inhabitants of this state in the profits of the partnership or limited liability company shall be taxed.

Source. 2010, Sp. Sess., 1:52, eff. July 1, 2010.

Section 77:14-b


[RSA 77:14-b repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:14-b Partners and Members. – The tax shall be assessed on such a partnership or limited liability company by the name under which it does business, and the partners or members shall not be taxed with respect to the taxable income derived by them from such a partnership or limited liability company.

Source. 2010, Sp. Sess., 1:52, eff. July 1, 2010.

Section 77:14-c


[RSA 77:14-c repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:14-c Members of Partnership or Limited Liability Company Outside the State. – An inhabitant of this state who is a member of a partnership or limited liability company having no usual place of business in this state, who receives income from such partnership or limited liability company derived from such a source that it would be taxable if received directly from such source by such partner or member, shall as to such income be subject to the taxes imposed by this chapter.

Source. 2010, Sp. Sess., 1:52, eff. July 1, 2010.

Section 77:14-d


[RSA 77:14-d repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:14-d Application of Sections. – RSA 77:14-a to 77:14-c shall apply, so far as apt, to associations, but not to partnerships, limited liability companies, and associations the beneficial interest in which is represented by transferable shares.

Source. 2010, Sp. Sess., 1:52, eff. July 1, 2010. 2012, 286:7, eff. June 27, 2012.

Section 77:15

    77:15 Repealed by 2009, 144:278, II, eff. July 1, 2009. –

Section 77:16

    77:16 Repealed by 2009, 144:278, III, eff. July 1, 2009. –

Section 77:17

    77:17 Repealed by 2009, 144:278, IV, eff. July 1, 2009. –

Section 77:17-a


[RSA 77:17-a repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:17-a Small Business Corporations, Information Reports. – Every small business corporation within this state, the stockholders of which have been elected, or elect, to report their share of the corporation's taxable income upon their individual federal income tax returns, pursuant to federal tax laws and regulations, shall annually on or before May 1, file a list of the names and addresses of all stockholders during the preceding year together with the amount of dividends paid to each with the department of revenue administration. Provided, however, the information report shall not be filed in any year that no such dividends are paid and provided further that stockholders not legally residents in the state of New Hampshire shall not be listed.

Source. 1961, 70:1. 1973, 544:10. 1987, 109:1, eff. July 5, 1987.

Section 77:18


[RSA 77:18 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:18 Returns and Declarations. –
I. Returns of income shall be made to the commissioner of revenue administration on or before the fifteenth day of the fourth month following the expiration of the tax year. The commissioner shall adopt rules pursuant to RSA 541-A relative to the prescribed form for filing returns under this section and for filing joint returns under RSA 77:5-a. Returns required by this chapter shall be made under the penalty of perjury.
II. At the same time the return is filed, as required by paragraph I of this section, every taxpayer as defined in RSA 77:3 shall, in addition, file a declaration of its estimated tax for its subsequent taxable period; provided, however, that if the estimated tax is less than $500, a declaration need not be filed; and provided further that a declaration shall be filed at the end of any quarter thereafter in which the annualized estimated tax exceeds $500.
III. (a) One quarter of the taxpayer's estimated tax for the subsequent taxable period is due and payable on the fifteenth day of the fourth month of the subsequent taxable year; 1/4 is due and payable on the fifteenth day of the sixth month of the subsequent taxable year; 1/4 is due and payable on the fifteenth day of the ninth month of the subsequent taxable year; and 1/4 is due and payable on the fifteenth day of the twelfth month of the subsequent taxable year, unless the taxpayer is a calendar year taxpayer in which case the final 1/4 is due and payable on the fifteenth day of the January next following the tax year.
(b) If the return required by RSA 77:18, I shows an additional amount to be due, such additional amount is due and payable on the original statutory due date. If such return shows an overpayment of the tax due, the commissioner shall refund or credit the overpayment to the taxpayer in accordance with RSA 21-J:28-a.
IV. Notwithstanding the provisions of paragraphs I-III, the following individuals shall not be required to file a return and shall not be considered to have gross or net taxable income for the purposes of this chapter:
(a) Every individual whose total interest and dividend income is less than $2,400 for a taxable period.
(b) For joint filers whose total interest and dividend income is less than $4,800 for a taxable period.
V. A taxpayer may elect to credit all or a portion of the education tax credit computed under RSA 77-G:4 against the tax due and payable under this chapter.

Source. 1923, 65:13. PL 65:18. 1927, 16:1. RL 78:18. 1947, 139:1. 1950, 5, part 8:13. RSA 77:18. 1973, 544:8. 1975, 439:32. 1981, 314:6. 1983, 469:93. 1986, 197:1. 1987, 236:1. 1988, 8:1, 23:1. 1991, 163:12. 1995, 160:1; 188:4. 2002, 45:1, eff. Jan. 1, 2004. 2018, 341:10, eff. July 1, 2018.

Section 77:18-a


[RSA 77:18-a repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:18-a Fiscal Year Taxpayers' Returns. – Taxpayers who file a federal income tax return on a fiscal year basis shall file the return required by RSA 77:18 on the same fiscal year, paying the tax due on the fifteenth day of the fourth month following the end of said fiscal year. Taxpayers who elect for federal tax purposes to change their tax year shall have an exemption allowed under RSA 77:5 in the same proportion as their tax year bears to the calendar year.

Source. 1977, 85:1. 1983, 469:94, eff. Dec. 31, 1983.

Section 77:18-b


[RSA 77:18-b repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:18-b Extension of Time for Returns. – For good cause, the commissioner may extend the time within which a taxpayer is required to file a return, and if such return is filed during the period of extension no penalty may be imposed for failure to file the return at the time required by this chapter, but the taxpayer shall be liable for interest and late payment charges as prescribed in RSA 21-J:28, 32, or 33. Failure to file the return within the period of extension shall void the extension.

Source. 1981, 314:7. 1985, 414:4. 1988, 23:2. 1991, 163:13, eff. May 27, 1991.

Section 77:19


[RSA 77:19 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:19 Inspection. – Returns shall not be open to the inspection of any person except the commissioner of revenue administration and his deputies, assistants and clerks when acting under his authority; provided, that a properly authorized representative of the federal internal revenue bureau may inspect such returns if reciprocal inspection of New Hampshire returns in that bureau is permitted to the commissioner of revenue administration or his representatives.

Source. 1923, 65:13. PL 65:19. RL 78:19. 1950, 5, part 8:9. RSA 77:19. 1973, 544:8, eff. Sept. 1, 1973.

Section 77:20


[RSA 77:20 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:20 Information as to Filing of Returns. – The commissioner of revenue administration shall on the request of any inhabitant of the state, state the fact whether or not any person has filed an income tax return for the current or any prior year.

Source. 1923, 65:13. PL 65:20. RL 78:21. RSA 77:20. 1973, 544:8, eff. Sept. 1, 1973.

Section 77:21

    77:21 Repealed by 1983, 469:96, eff. Dec. 31, 1983. –

Section 77:21-a

    77:21-a Repealed by 1991, 163:43, II, eff. May 27, 1991. –

Section 77:21-b


[RSA 77:21-b repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:21-b Interest. – Any taxpayer who fails to make payment with a return when due shall be subject to interest computed as prescribed in RSA 21-J:28.

Source. 1985, 414:5. 1988, 23:3, eff. Mar. 16, 1988.

Section 77:22


[RSA 77:22 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:22 Warrants, Collection. – The commissioner of revenue administration may issue a warrant for the collection of any overdue tax to the tax collector of any town or city, which shall have the same remedies and the same fees for the collection of such taxes as are provided by law for his collection of taxes on personal estate.

Source. 1923, 65:15. PL 65:23. RL 78:24. RSA 77:22. 1973, 544:8, eff. Sept. 1, 1973.

Section 77:22-a

    77:22-a Repealed by 1991, 163:43, III, eff. May 27, 1991. –

Section 77:23


[RSA 77:23 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:23 To Whom Payable. – All taxes assessed hereunder shall be paid to the commissioner of revenue administration by the taxpayer.

Source. 1923, 65:16. PL 65:24. RL 78:25. 1950, 5, part 8:11. RSA 77:23. 1973, 544:8, eff. Sept. 1, 1973.

Section 77:24


[RSA 77:24 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:24 Reassessment by Department of Revenue Administration. – The department of revenue administration shall reassess the amount of the tax in every case in which it appears in the examination of the returns that the amount paid is either higher or lower than the actual tax due. The department shall notify the taxpayer of any corrections made. If the department of revenue administration determines a deficiency, the amount of said deficiency and interest as prescribed in RSA 21-J:28 shall be forwarded by the taxpayer to the department of revenue administration within 15 days from the date of the required notice. If the reassessment results in a determination of overpayment, the amount of the excess shall be repaid to the taxpayer in the manner provided by RSA 21-J:28-a. All assessments made under this section shall be subject to the same right of appeal as provided in RSA 21-J:28-b, and nothing contained in this section shall be construed to limit the power of the commissioner of revenue administration to make a later assessment under RSA 21-J:29 and to seek penalties for fraudulent returns as provided by RSA 77:30.

Source. 1950, 5, part 8:15. RSA 77:24. 1973, 544:11, IV. 1975, 439:24. 1981, 314:9; 465:2. 1982, 42:96. 1983, 441:2. 1985, 204:9. 1991, 163:14, eff. May 27, 1991.

Section 77:24-a

    77:24-a Repealed by 1991, 163:43, IV, eff. May 27, 1991. –

Section 77:24-b


[RSA 77:24-b repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:24-b Corrections. – Each taxpayer shall report to the commissioner of revenue administration any change in the amount of the taxpayer's income as defined by RSA 77:4 as finally determined by the United States Internal Revenue Service with respect to any beneficial interest for which the taxpayer has made a return under this chapter. Such a report shall be made not later than 6 months after the taxpayer has received notice that such change has been finally determined. Notwithstanding any other provision of law, a taxpayer reporting a correction pursuant to this section shall be given notice by the department of any adjustment to the tax due with respect to such correction within 6 months after the filing of the report.

Source. 1981, 314:10. 1995, 45:2, eff. July 2, 1995.

Section 77:25

    77:25 Repealed by 1991, 163:43, V, eff. May 27, 1991. –

Section 77:25-a

    77:25-a Repealed by 1975, 439:34, II, eff. July 1, 1975. –

Section 77:26

    77:26 Repealed by 1973, 544:19, eff. Sept. 1, 1973. –

Section 77:27

    77:27 Repealed by 1991, 163:43, VI, eff. May 27, 1991. –

Section 77:27-a

    77:27-a Repealed by 1991, 163:43, VII, eff. May 27, 1991. –

Section 77:28

    77:28 Repealed by 1975, 439:34, III, eff. July 1, 1975. –

Section 77:29

    77:29 Repealed by 1975, 439:34, III-a, eff. July 1, 1975. –

Section 77:30


[RSA 77:30 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:30 Penalty; Fraudulent or Incorrect Return. –
I. [Repealed.]
II. For purposes of the application of RSA 21-J:31 to this chapter, if a return is not filed when due and the failure to file a return when due is not a violation of any provision of RSA 21-J:39, then neither the $10 nor the $50 alternate penalties of RSA 21-J:31 shall apply to the return.
III. [Repealed.]

Source. 1923, 65:22. PL 65:33. RL 78:34. RSA 77:30. 1973, 528:19; 544:8. 1986, 197:2. 1989, 61:1. 1991, 163:15, 43, VIII, eff. May 27, 1991.

Section 77:30-a

    77:30-a Repealed by 1989, 50:16, I, eff. June 18, 1989. –

Administration

Section 77:31

    77:31 Repealed by 1975, 439:34, IV, eff. July 1, 1975. –

Section 77:32

    77:32 Repealed by 1975, 439:34, V, eff. July 1, 1975. –

Section 77:33


[RSA 77:33 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:33 Expenses of Administration. – The expense of administration of this chapter shall be paid out of said taxes.

Source. 1923, 65:29. PL 65:29. RL 78:30.

Section 77:34

    77:34 Repealed by 1983, 469:52, I, eff. July 1, 1983. –

Section 77:35


[RSA 77:35 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:35 Questions of Law. – The board of tax and land appeals may, at any time, reserve, certify and transfer to the supreme court for decision any question of law which may arise in connection with the administration of this chapter.

Source. 1923, 65:23. PL 65:35. RL 78:35. RSA 77:35. 1973, 544:13, eff. Sept. 1, 1973.

Section 77:36


[RSA 77:36 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:36 Disposal of Papers. – The commissioner of revenue administration may destroy any tax returns on file in the department of revenue administration for more than 4 years which, in his opinion, are no longer of any value to the state.

Source. 1929, 108:2. RL 78:20.

Section 77:37


[RSA 77:37 repealed by 2021, 91:99, II, effective January 1, 2027.]
    77:37 Taxpayer Records. –
I. Every taxpayer shall:
(a) Keep such records as may be necessary to determine the amount of its liability under this chapter.
(b) Preserve such records for the period of 3 years or until any litigation or prosecution under this chapter is finally determined.
(c) Make such records available for inspection by the commissioner or authorized agents, upon demand, at reasonable times.
II. Whoever violates the provisions of this section shall be subject to the penalties imposed under RSA 21-J:39.

Source. 2007, 152:1, eff. Aug. 17, 2007.

Taxation of Gambling Winnings

Section 77:38 to 77:50

    77:38 to 77:50 Repealed by 2011, 47:1, II, eff. May 23, 2011. –