CHAPTER Rev 1500 RAILROAD AND PRIVATE RAIL CAR COMPANY
TAXATION
Statutory
Authority: RSA 82
PART Rev 1501 DEFINITIONS
Rev 1501.01 “Arm’s length transaction” means a market
related transaction between unrelated parties each acting knowledgeably and in
their own best interest assuming neither party is under duress.
Source. #2823, eff 8-17-84, EXPIRED 8-17-90
New. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14
Rev
1501.02 “Commissioner” means the
commissioner of the
Source. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14
Rev 1501.03 “Common equity” means the aggregate value of
a firm’s common stock.
Source. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98,
EXPIRES: 4-18-06; ss by #8652, eff 6-6-06; ss by #10662, eff 8-27-14 (from Rev
1501.01)
Rev 1501.04 “Current liabilities” means a company’s short term debt, accounts payable, accrued liabilities,
other debts or obligations, that are due within one year, and appear on the
company’s balance sheet.
Source. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14
Rev 1501.05 “Department” means the
Source. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14
Rev 1501.06 “Expenses everywhere” means the expenses
associated with the operation of the railroad
incurred
inside and outside of
(a)
Operating and maintenance, excluding property taxes and interest expense;
(b)
Depreciation;
(c)
Amortization;
(d)
Interest expense;
(e)
Property taxes;
(f)
Income taxes; and
(g)
Other expenses.
Source. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14
Rev
1501.07 “Gross railroad revenues
everywhere” means gross railroad revenues received inside and outside of
(a) Freight;
(b) Passenger;
(c) Tourist;
(d) Repair;
(e) Rental; and
(f) Other sources.
Source. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14
Rev
1501.08 “Lessor” means the entity who
conveys the rights of occupancy and use to others under a lease agreement.
Source. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06 ss by #10662, eff 8-27-14
Rev
1501.09 “Long term debt” means loans and
obligations, usually with interest payments, with a maturity
of longer than 1 year.
Source. #6731, eff 4-18-98
(from Rev 1501.08), EXPIRES: 4-18-06; ss by #8652, eff 6-6-06; ss by #10662,
eff 8-27-14 (from Rev 1501.02)
Rev 1501.10 “Municipality” means a city, town, or
unincorporated place.
Source. #10662, eff 8-27-14
Rev 1501.11 “Preferred stock” means a class of stock ownership
in a corporation that has a higher claim on the assets and earnings than common
stock, has a dividend that must be paid out before common stock dividends, and
typically does not have voting rights.
Source. #10662, eff 8-27-14
Rev 1501.12 "Private
rail car company" means a corporation, company association, joint stock
association, partnership and person, their lessees, trustees
or receivers appointed by any court, owning any private rail cars operated for
profit utilizing any railroad trackage in New Hampshire in the course of its
regional commerce. The term does not include a railroad company
owning assets in
Source. #10662, eff 8-27-14
Rev 1501.13 "Railroad company" means every
corporation, company association, joint stock association, partnership and
person, their lessees, trustees, or receivers appointed by any court, owning railroad
company assets in New Hampshire, or operating any railroad for common carriage
of passengers or freight or carrying on a public express business for
compensation over the line of any railroad.
Source. #10662, eff 8-27-14
(from Rev 1501.07)
Rev 1501.14 "Railroad company assets" means
tangible and intangible assets that are owned, leased
or used, such as, but not limited to:
(a) Land, buildings, improvements, all bridges
and other structures;
(b) Equipment, rail cars and locomotives;
(c) Leasehold improvements;
(d) Railroad right of way;
(e) Track, track appurtenances, ties, ballast,
construction work in progress, materials and supplies;
and
(f) And all other railroad assets.
Source. #10662, eff 8-27-14
Rev 1501.15 "Road" means the railroad right of
way and everything constructed on it.
Source. #10662, eff 8-27-14
(from Rev 1501.08)
Rev 1501.16 “Tax year” means the period beginning April 1
of any year and ending March 31 of the next year, inclusive.
Source. #10662, eff 8-27-14
Rev 1501.17 “Taxpayer identification number” means:
(a)
Social Security number;
(b)
Federal employer identification number;
(c)
Individual taxpayer identification number;
(d)
Preparer tax identification number; or
(e) Department identification number.
Source. #10662, eff 8-27-14
Rev 1501.18 “Total capital structure” means the specific
mixture of long term debt and equity that a company
uses to finance its operations that directly affects the risk and value of the
business such as, but not limited to;
(a)
Long-term debt;
(b)
Preferred stock;
(c)
Common equity;
(d)
Current liabilities; and
(e)
Total capital.
Source. #10662, eff 8-27-14
Rev 1501.19 "Total net book value everywhere"
means the total original cost less depreciation and amortization, including
tangible and intangible assets located inside and outside of
Source. #10662, eff 8-27-14
Rev 1501.20 "Total net book value in New
Hampshire" means the total original cost less depreciation and
amortization, including tangible and intangible assets located exclusively
inside of New Hampshire. The term does not
include non-railroad assets.
Source. #10662, eff 8-27-14
Rev 1501.21 "Total original cost everywhere"
means the accounting basis for cost of acquisition of property and all tangible
and intangible railroad assets by its present owner, plus the cost of any
additions and betterments made by such owner, located inside and outside of New
Hampshire whether or not such costs represent prudent
investments.
Source. #10662, eff 8-27-14
Rev 1501.22 "Total original cost in New
Hampshire" means the accounting basis for cost of acquisition of property
and all tangible and intangible railroad assets by its present owner, plus the
cost of any additions and betterments made by such owner, located exclusively
inside of New Hampshire whether or not such costs
represent prudent investments.
Source. #10662, eff 8-27-14
PART Rev 1502 RAILROAD COMPANY REPORTING REQUIREMENTS
Rev 1502.01 Railroad Company Railroad Tax Reporting
Requirements.
(a)
Every railroad company shall complete and file a Form PA-22, “Railroad
Company Property Tax Information Update RSA 82”, with the department on or
before May 1 of each year.
(b) Form PA-22 shall be submitted with the
following documents:
(1) The railroad company’s annual fiscal or
calendar year report of the year preceding the tax date of April 1; and
(2) A list of private rail car companies
traveling over the railroad company's tracks located in New Hampshire during
the preceding tax year, including:
a. The address of each private rail car company; and
b. The number of miles traveled by cars owned by
each private rail car company.
(c)
Form PA-22 shall contain the dated signature of an authorized individual
of the railroad company to certify that the information provided in the form is
correct and accurate to the best of the signatory’s belief and knowledge and
that the signatory is authorized to submit Form PA-22 on behalf of the railroad
company.
Source. #2823, eff 8-17-84, EXPIRED 8-17-90
New. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14
Rev 1502.02 Reporting The
(a)
Name of the buyer and any parent company;
(b)
Buyer’s taxpayer identification number;
(c)
Buyer’s address information;
(d)
Buyer’s contact information;
(e)
The transfer’s information for the property or assets including;
(1) The registry of deeds book and page for the
recorded deed;
(2) The registry of deeds date of recording; and
(3) The signature date of the recorded deed;
(f)
The percent and nature of property interest transferred; and
(g)
The terms of the transaction including but not limited to;
(1) Name of seller;
(2)
(3) Financing details; and
(4) Description of the conditions of the sale
including, but not limited to:
a. Marketing exposure;
b. Relationship of parties; and
c. Any special circumstances relating to the
transfer that do not adhere to the definition of an arm’s length transaction.
Source. #2823, eff 8-17-84, EXPIRED 8-17-90
New. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14
Rev 1502.03 Report Of Stock
Ownership. Every railroad company
shall provide to the department on or before July 1 of each year a sworn
statement reporting the status as of April 1 of:
(a)
The ownership of the stock by the residence of the owner; and
(b) The percentage of the total outstanding shares
owned by residents of each town in the state.
Source.
#2823, eff 8-17-84, EXPIRED 8-17-90
New. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14
Rev 1502.04 Railroad Directors’ Return. The directors of every railroad company shall
provide to the department a Form PA-23, “Railroad Director’s Return” on or
before July 1, 2017 and every fifth year thereafter
reporting the share of the capital expended in
Source. #2823, eff 8-17-84, EXPIRED 8-17-90
New. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14
Rev 1502.05 Railroad Company Estimated Railroad Tax. Pursuant to RSA 82:20, III, railroad
companies having an annual projected tax liability in excess
of $200 shall complete and file Form DP-110-ES, “Estimated Railroad Tax”
quarterly and accompanied by the
estimate payment.
Source. #8652, eff
6-6-06; ss by #10662, eff 8-27-14
Rev
1502.06 Railroad Company Railroad Tax
Payment Form. All railroads shall,
annually on or before 30 days from the date of the notice of valuation issued
by the department, make payment of any remaining balance shown to
be due on the notice using the payment voucher provided on the notice.
Source. #8652, eff 6-6-06;
ss by #10662, eff 8-27-14; ss by #12165, eff 4-29-17; ss by #13490, eff 11-15-22
PART Rev 1503 PRIVATE RAIL CAR COMPANY REPORTING
REQUIREMENTS
Rev 1503.01 Private Rail Car Company Railroad Tax
Reporting Requirements.
(a) Every private rail car company shall complete
and file a Form PA-21, “Private Rail Car Property Tax Information Update RSA
82”, with the department on or before May 1 of each year.
(b)
Form PA-21 shall contain the dated signature of an authorized individual
of the private rail car operator to certify that the information provided in
the form is correct and accurate to the best of the signatory’s belief and
knowledge and that the signatory is authorized to submit Form PA-21 on behalf
of the private rail car operator.
Source. #8652, eff 6-6-06;
ss by #10662, eff 8-27-14
Rev 1503.02 Reporting The
(a)
Name of the buyer and any parent company;
(b)
Buyer’s taxpayer identification number;
(c)
Buyer’s address information;
(d)
Buyer’s contact information; and
(e)
The name of the seller.
Source. #10662,
eff 8-27-14
Rev
1503.03 Private Rail Car Estimated Railroad Tax. Pursuant to RSA 82:20, III, a private rail
car company having an annual projected tax liability in
excess of $200 shall complete and file quarterly Form DP-111-ES,
“Estimated Private Rail Car Railroad Tax” accompanied by payment; and
Source. #10662,
eff 8-27-14
Rev 1503.04 Private Rail Car Company Railroad Tax
Payment Form. All private rail car
companies shall, annually on or before 30 days from the date of the notice of valuation issued
by the department, make
payment of any remaining balance shown to be due on the notice using the
payment voucher provided on the notice.
Source. #10662,
eff 8-27-14; ss by #12165, eff 4-29-17; ss by #13490, eff 11-15-22
PART Rev 1504 REQUEST FOR EXTENSION FOR RAILROAD TAX
REPORTING
Rev 1504.01 Request For
Reporting Extension.
(a)
A railroad company or private rail car company may complete a Form
PA-25, “Request for Extension to File Tax Information for Railroad and Private
Rail Car” to request an extension of 30 days in which to file the railroad tax
reporting form(s) on or before May 1.
(b)
A railroad company or private rail car company may request a maximum of
2 extensions in a given tax year period.
(c)
The extension shall not be valid unless confirmed in writing by the
department.
(d)
An extension shall be granted if:
(1) The taxpayer was prevented by accident,
mistake, or misfortune from filing;
(2) Accounting records are incomplete; or
(3) There was a transfer of ownership.
(e)
An extension request shall be denied for:
(1) Untimely filing of the request;
(2) Exceeding the maximum number of extension
requests allowed per tax year period;
(3) An incomplete form; or
(4) Not meeting the criteria in (d) above.
Source. #8652, eff 6-6-06; ss by #10662, eff 8-27-14
PART Rev 1505 EXCEPTIONS AND PENALTY FOR THE UNDERPAYMENT
OF ESTIMATED TAX.
Rev 1505.01 Exceptions and Penalty for the
Underpayment of Estimated Tax. A
taxpayer, who has underpaid their estimated tax, shall complete and file Form
DP-2210/2220, “Exceptions and Penalty for the Underpayment of Estimated Tax”,
by providing the information as described in Rev 2905.02.
Source. #10662, eff 8-27-14
PART Rev 1506
FILING OF FORMS AND FORM AVAILABILITY
Rev 1506.01 Filing.
(a) Form DP-110-ES “Estimated Railroad Tax”, Form
DP-111-ES, “Estimated Private Rail Car Railroad Tax,”, and “Form DP-2210/2220,
“Exceptions and Penalty for the Underpayment of Estimated Tax”:
(1) Mailed
to:
New Hampshire Department of Revenue Administration
Taxpayer Services Division
PO Box 637
109 Pleasant Street
Concord, NH 03302-0637; or
(2) Filed
electronically through the Granite Tax Connect web portal located at www.revenue.nh.gov/gtc.
(b) Form PA-21, “Private Rail Car
Property Tax
Information Update RSA 82”, Form PA-22,
“Railroad Company Property Tax Information Update RSA 82”, Form PA-23, “Railroad Director’s Return”, Form
PA-25, “Request for Extension to File Tax Information
for Railroad and Private Rental Car”, and report of stock ownership shall be:
(1) Mailed to:
New Hampshire Department of Revenue Administration
Municipal and Property Division Railroad Tax
PO Box 487
109 Pleasant Street
Concord, NH 03302-0487; or
(2) Filed
electronically through the Granite Tax Connect web portal located at www.revenue.nh.gov/gtc.
Source. #10662, eff 8-27-14 (from Rev 1503.01); ss by
#13490, eff 11-15-22
Rev 1506.02 Form Availability. All forms shall be available by:
(a)
Accessing them on the department’s web site at http://www.revenue.nh.gov/;
(b)
Calling the department’s forms line at (603) 230-5950;
(c)
Writing to the department at:
New Hampshire
Department of Revenue Administration
Municipal and
Property Division
(d)
Requesting them in person at:
New Hampshire
Department of Revenue Administration
109 Pleasant
Street
Source. #10662, eff 8-27-14
PART
Rev 1507 APPEALS OF RAILROAD TAX
VALUATION
Rev 1507.01 Appeal of Railroad Tax.
(a)
Pursuant to RSA 82:16-a, and RSA 21-J:28-b I, any railroad company or
private rail car company against whom the department has assessed a railroad
tax, may petition the department for reconsideration of such assessment within
60 days after notice of the assessment.
(b)
A petition for reconsideration of the railroad tax assessed shall be
filed pursuant to Rev 200 with:
New Hampshire
Department of Revenue Administration
Hearings Bureau
(c)
After receipt of the presiding officer’s and the commissioner’s notice
of final decision, a petitioner may, within 15 days of service of the final
decision, file a motion for reconsideration.
(d)
Within 30 days after the notice of final decision or notice of
reconsideration of final decision, a petitioner may appeal in writing to the
Source. #10662, eff 8-27-14
(from Rev 1504.01)
APPENDIX
|
Rule |
|
|
|
|
|
Rev 1501.01 |
RSA 82:10, IV |
|
Rev 1501.02 |
RSA 21-J:13 |
|
Rev 1501.03 |
RSA 82:10, I(a); RSA 82:10-a |
|
Rev 1501.04 |
RSA 82:10, I(a) |
|
Rev 1501.05 |
RSA 21-J:13 |
|
Rev 1501.06 |
RSA 82:10, I(a) |
|
Rev 1501.07 |
RSA 82:10, I(a) |
|
Rev 1501.08 |
RSA 82:10, I(a) |
|
Rev 1501.09 |
RSA 82:10, I(a) |
|
Rev 1501.10 |
RSA 21-J:13 |
|
Rev 1501.11 |
RSA 82:10, I(a) |
|
Rev 1501.12 |
RSA 82:10, I(a); RSA 82:10, IV |
|
Rev 1501.13 |
RSA 82:10, I(a); RSA 82:10, IV; RSA 82:10-a; RSA 82:32 |
|
Rev 1501.14 |
RSA 82:10, I(a); RSA 82:10, IV |
|
Rev 1501.15 |
RSA 82:10, I(a) |
|
Rev 1501.16 |
RSA 82:2; RSA 82:10; RSA 82:10-a |
|
Rev 1501.17 |
RSA 21-J:13, I; RSA 21-J:1, II(a) |
|
Rev 1501.18 |
RSA 82:10, I(a) |
|
Rev 1501.19 |
RSA 82:10, I(a) |
|
Rev 1501.20 |
RSA 82:10, I(a) |
|
Rev 1501.21 |
RSA 82:10, I(a) |
|
Rev 1501.22 |
RSA 82:10, I(a) |
|
Rev 1502.01 |
RSA 82:10, I(a) |
|
Rev 1502.02 |
RSA 82:10, IV |
|
Rev 1502.03 |
RSA 82:10-a |
|
Rev 1502.04 |
RSA 82:32 |
|
Rev 1502.05 |
RSA 82:10, II;
RSA 82:20 |
|
Rev 1502.06 |
RSA 82:20 |
|
Rev 1503.01 |
RSA 82:10, I(a) |
|
Rev 1503.02 |
RSA 82:10, IV |
|
Rev 1503.03 |
RSA 82:10, II;
RSA 82:20 |
|
Rev 1503.04 |
RSA 82:20 |
|
Rev 1504.01 |
RSA 82:10, I(b) |
|
Rev 1505.01 |
RSA 82:10, II;
RSA 82:20 |
|
Rev 1506.01 |
RSA 21-J:13; RSA 82:10, I(a); RSA 82:10-a; RSA 82:32 |
|
Rev 1506.02 |
RSA 21-J:13 |
|
Rev 1507.01 |
RSA 21-J:28-b,
I; RSA 82:16-a; RSA 82:17; RSA 83:16-a |