CHAPTER Rev 3200 EDUCATION TAX CREDIT PROGRAM
REVISION
NOTE:
Document
#13462, effective 10-13-22, adopted, repealed, readopted, readopted
and renumbered, or readopted with amendments all of the rules in Chapter Rev 3200
on the education tax credit program. This
required some renumbering of existing rules in Part Rev 3201 as noted in the
source notes. Document #13462 adopted Part
Rev 3207 titled “Administration” and repealed Rev 3204.02 titled “Form ED-04. Education
Tax Credit Scholarship Receipt.” Document
#13462 replaces all prior filings affecting Chapter Rev 3200.
The only prior filing affecting the repealed Rev 3204.02 was
Document #10236, effective 11-28-12.
PART
Rev 3201 DEFINITIONS
Rev
3201.01 “Aggregate tax credit amount”
means the aggregate of tax credits calculated in accordance with RSA 77-G:4.
Source. #10236, eff 11-28-12; ss by #13462, eff 10-13-22 (see Revision Note at chapter heading for Rev 3200)
Rev
3201.02 “Business enterprise” means
“business enterprise” as defined in RSA 77-E:1, III.
Source. #10236, eff 11-28-12; ss by #13462, eff 10-13-22 (see Revision Note
at chapter heading for Rev 3200)
Rev
3201.03 “Business organization” means
“business organization” as defined in RSA 77-A:1, I.
Source. #10236, eff 11-28-12; ss by #13462, eff 10-13-22 (see Revision Note
at chapter heading for Rev 3200)
Rev
3201.04 “Department” means the New
Hampshire department of revenue administration.
Source. #10236, eff 11-28-12; ss by #13462, eff 10-13-22 (see Revision Note
at chapter heading for Rev 3200)
Rev 3201.05 “First come-first served basis” means the
method by which the department processes education tax credit applications by
the day submitted, where more than one application received on a specific day
will be processed on a random basis before moving on to the next day’s
applications.
Source. #10236, eff 11-28-12; ss by #13462, eff 10-13-22 (formerly Rev
3201.08) (see Revision Note at chapter heading for Rev 3200)
Rev 3201.06 “Program
year” means “program year” as defined in RSA 77-G:1, XII, namely “the year
beginning July 1 and ending June 30.”
Source. #10236, eff 11-28-12; ss by #12881, eff 9-27-19; ss by #13462, eff
10-13-22 (formerly Rev 3201.05) (see Revision Note at chapter heading for Rev
3200)
Rev
3201.07 “Receiving school” means
“receiving school” as defined in RSA 77-G:1, XIV.
Source. #10236, eff 11-28-12; ss by #13462, eff 10-13-22 (formerly Rev 3201.06)
(see Revision Note at chapter heading for Rev 3200)
Rev
3201.08 “Scholarship Organization” means
“scholarship organization” as defined in RSA 77-G:1, XVII.
Source. #10236, eff 11-28-12; ss by #13462, eff 10-13-22 (formerly Rev
3201.07) (see Revision Note at chapter heading for Rev 3200)
PART Rev 3202 PROCEDURE FOR SCHOLARSHIP ORGANIZATION APPLICATION
Rev
3202.01 Form ED-01, Scholarship Organization
Application.
(a) An organization seeking approval as a
scholarship organization to accept scholarship donations pursuant to RSA 77-G
shall complete and file Form ED-01, “Scholarship Organization Application,”
with the department each program year by providing:
(1) The
organization’s name, address, and federal taxpayer identification number;
(2) The name,
title, phone number, and email address of the organization’s contact person;
(3) A signed
statement that the organization has met the eligibility requirements of RSA 77-G:1,
XVII, and shall comply with the provisions of RSA 77-G;
(4) The organization’s
Exemption Determination Letter from the Internal Revenue Service showing the
effective exemption date as a Section 501(c)(3) tax exempt organization;
(5) A copy of
the Certificate of Registration from the New Hampshire Charitable Trusts Division;
and
(6) The dated
signature in ink and printed name of an authorized signatory, certifying
to the following:
“Under penalties of perjury, I declare that I have
examined this document and to the best of my belief the information herein is
true, correct, and complete. Further, I attest to the eligibility
requirements listed in Step 2 above.”
(b) With the exception of (c) below, Form ED-01
shall be filed in accordance with Rev 3202.02 and Rev 3207.01 each program year
no later than June 15.
(c) If a scholarship organization intends to
issue scholarships in the next program year, the scholarship organization shall
complete and file Form ED-01 within 30 days following the end of the most
recently completed program year, with the scholarship organization report
required by Rev 3205.01.
Source.
#10236,
eff 11-28-12; amd by #12881,
eff 9-27-19; ss by #13462, eff 10-13-22 (see Revision Note at chapter heading for
Rev 3200)
Rev
3202.02 Filing of ED-01, Scholarship
Organization Application. Except as
provided in Rev 3202.01(c), Form ED-01 shall be considered timely if filed with
the department no later than June 15 of each program year.
Source. #10236, eff 11-28-12;
amd by #12881, eff 9-27-19; ss by #13462, eff
10-13-22 (see Revision Note at chapter heading for Rev 3200)
Rev
3202.03 Approval or Denial of
Scholarship Organization Application.
(a) The department shall review each Form ED-01
and notify each applicant in writing whether the application is approved or
denied within 30 days of the department’s receipt of the application, or the scholarship
organization report required by Rev 3205.01, whichever is later.
(b) An application shall be denied if it:
(1) Fails to provide
the information required by Rev 3202.01(a);
(2) Is not
timely filed pursuant to Rev 3202.02; or
(3) Is submitted
by an applicant that fails to meet the statutory requirements of RSA 77-G:5, I
or RSA 77-G:5, II(g).
(c) An organization shall not accept donations as
provided in RSA 77-G unless its Form ED-01 is approved by the department.
Source. #10236, eff 11-28-12;
amd by #12881, eff 9-27-19; ss by #13462, eff 10-13-22
(see Revision Note at chapter heading for Rev 3200)
PART Rev 3203 PROCEDURE
FOR EDUCATION TAX CREDIT APPLICATION
Rev
3203.01 Form ED-02, Education Tax
Credit Application.
(a) A business organization, business enterprise,
or individual seeking to apply for an education tax credit pursuant to RSA 77-G
shall complete and file Form ED-02, “Education Tax Credit Application,”
with the department by providing:
(1) The
business organization’s, business enterprise’s, or
individual’s name, address, and federal taxpayer identification number, such as
the individual’s Social Security number;
(2) The name,
title, phone number, and email address of the business organization’s or business
enterprise’s contact person, or of the individual;
(3) The name of
all scholarship organizations to which a donation will be made and the amount
of each requested donation, if known;
(4) The total requested
donation amount;
(5) The tax credit
amount by calculating 85 percent of the total requested donation amount; and
(6) The dated
signature in ink and printed name of an authorized signatory, certifying:
“I certify that the business organization/enterprise
or that I (the individual) shall make the requested donations no later than 60 days
after the date of approval of this application in accordance with RSA 77-G, but
no later than June 30, of the program year and I declare, under penalties of
perjury, that I have examined this document and to the best of my belief the
information is true, correct and complete.”
(b) Form ED-02 shall be filed no later than May
31 of each program year in accordance with Rev 3203.02 and Rev 3207.01.
Source. #10236, eff 11-28-12;
ss by #12881, eff 9-27-19; ss by #13462, eff 10-13-22 (see Revision Note at
chapter heading for Rev 3200)
Rev
3203.02 Filing Procedure for
Education Tax Credit Application.
(a) Form ED-02 shall be considered timely if
filed with the department no later than May 31 of each program year.
(b) Applications received after May 31 of the
program year shall be denied for such program year but processed for the
following program year.
(c) The application may be filed electronically
through granite tax connect web portal located at www.revenue.nh.gov/gtc.
Source. #10236, eff 11-28-12;
ss by #12881, eff 9-27-19; ss by #13462, eff 10-13-22 (see Revision Note at
chapter heading for Rev 3200)
Rev
3203.03 Approval or Denial of
Education Tax Credit Application.
(a) The department shall review each Form ED-02, education
tax credit application, on a first come-first served basis.
(b) An application shall be approved for only a
portion of the requested credit if:
(1) The
requested credit is for more than 10 percent of the aggregate tax credit amount;
(2) The
requested credit approved by the department in its entirety would exceed the aggregate
tax credit amount; or
(3) The
requested credit meets the conditions of both (1) and (2).
(c) If an application meets the conditions set
forth in Rev 3203.03(b)(1), the department shall approve the portion of the
education tax credit requested that does not exceed 10 percent of the aggregate
tax credit amount.
(d) If an application meets the conditions set
forth in Rev 3203.03(b)(2), the department shall approve the portion of the
education tax credit requested that does not exceed the aggregate tax credit
amount.
(e) If an application meets the conditions set
forth in Rev 3203.03(b)(3), the department shall approve the portion of the
education tax credit requested that does not exceed 10 percent of the aggregate
tax credit amount and does not exceed the aggregate tax credit amount.
(f) An application shall be approved for the
entire requested credit amount if the requested amount does not exceed 10 percent
of the aggregate tax credit amount and the requested amount would not cause the
aggregate tax credit to be over the allowed amount for the program year.
(g) An application shall be denied for the current
program year if it:
(1) Fails to
provide the information required by Rev 3203.01(a); or
(2) Is not
timely filed pursuant to Rev 3203.02(a).
(i) The business
organization, business enterprise, or individual shall donate the amount
allowed no later than 60 days after the date of the department’s approval, and
no later than June 30 of the program year during which it was approved, or the
request shall expire.
Source. #10236, eff 11-28-12;
amd by #12881, eff 9-27-19; ss by #13462, eff
10-13-22 (see Revision Note at chapter heading for Rev 3200)
PART Rev 3204 SCHOLARSHIP
RECEIPTS
Rev
3204.01 Form ED-03, Education Tax Credit
Scholarship Receipt.
(a) Scholarship organizations shall complete and
file Form ED-03, “Education Tax Credit Scholarship Receipt”, with the
department, and send a copy to the donating business organization, business
enterprise, or individual within 15 days of receiving the donation to
acknowledge the contribution made by the business organization, business
enterprise, or individual.
(b) Form ED-03 shall contain:
(1) The receiving
scholarship organization’s name, address, and federal taxpayer identification number;
(2) The
donating business organization’s, business
enterprise’s, or individual’s name, address, and federal taxpayer identification
number, such as the individual’s Social Security number;
(3) The
donation amount;
(4) The date the
donation was received or postmarked; and
(5) The dated signature
in ink and printed name of an authorized signatory, certifying to the following:
“I certify that the scholarship organization received
the donation listed from the business organization/enterprise or individual on
the date shown above.”
(c) A copy of Form ED-03 shall be attached to the
New Hampshire business tax or interest and dividends tax return, or both, of the
business organization, business enterprise, or individual, to use the education
tax credit allowed against the:
(1) Business
profits tax due pursuant to RSA 77-A;
(2) Business
enterprise tax due pursuant to RSA 77-E; or
(3) Interest
and dividends tax due pursuant to RSA 77.
Source. #10236, eff 11-28-12;
ss by #12881, eff 9-27-19 ; ss by #13462, eff 10-13-22 (see Revision Note at
chapter heading for Rev 3200)
PART
Rev 3205 REPORTS
Rev 3205.01 Form
ED-05, Scholarship Organization Report.
(a)
The scholarship organization shall complete and submit Form ED-05, “Scholarship
Organization Report,” to the department within 30 days following the end of
each program year by providing:
(1) The number of scholarships granted under RSA
77-G:1,VIII(a)(1), and the percentage of these students who were eligible for the
federal free and reduced-price meal program in the prior year;
(2) The number of scholarships granted under RSA
77-G:1,VIII(a)(2), and the percentage of these students who were eligible for
the federal free and reduced-price meal program in the prior year;
(3) The number of scholarships granted under RSA
77-G:1,VIII(a)(3), and the percentage of these students who were eligible for
the federal free and reduced-price meal program in the prior year;
(4) The total dollar amount of:
a. Donations received;
b. Donations carried forward from prior
program years;
c. Donations
used for scholarships;
d.
Donations spent on administrative expenses pursuant to RSA 77-G:5, I(f);
and
e. Donations not
used for scholarships;
(5) The total dollar amount of all scholarships granted;
(6) The number of scholarships granted;
(7) The number of scholarships granted to
homeschool students;
(8) The total dollar amount of scholarships granted
to homeschool students;
(9) The number of scholarships distributed by the
scholarship organization, per school, and the dollar range of those
scholarships. All home educated students shall be totaled together as a single school;
(10) The number of students receiving a scholarship
under RSA 77-G by zip code;
(11) The
aggregated results from the NH Education Tax Credit Survey designed by the department
under RSA 77-G:1, XIX(k);
(12) The aggregated results from the survey
designed by the department of education under RSA 77-G:1, XIX(l);
(13) The number of participating students who
graduated from high school in the previous year, and the number that dropped
out of school;
(14) An explanation of information omitted from
the report because it would reveal private data about an individual student;
(15) The name of any other scholarship
organizations who have agreed to combine their data with the scholarship
organization data for the purposes set forth in RSA 77-G:2, II. The agreement shall only be considered valid
if each scholarship organization lists the other scholarship organizations in
the agreement. If the scholarship organization has an agreement to combine data with another scholarship
organization, an indication whether this report reflects the combined data or
just the data for the scholarship organization that prepared this report; and
(16) The dated signature in ink and printed name
of an authorized signatory, certifying to the following:
“Under
penalties of perjury, I declare that I have examined this document and to the
best of my belief the information herein is true, correct, and complete. I do hereby attest that the scholarship
organization is in full compliance with the provisions of RSA 77-G, the
Education Tax Credit statute.”
(b)
The department shall review each Report ED-05 to ensure that:
(1) The administrative expenses requirement set
forth in RSA 77-G:5, I(f) is not exceeded;
(2) The number
of scholarships issued under RSA 77-G:1, VIII(a)(1) and (2) meets the requirements
of RSA 77-G; and
(3) The average scholarship size does not exceed
the amount allowed.
Source. #10236, eff 11-28-12; amd by #12881, eff
9-27-19; ss by #13462, eff 10-13-22 (see Revision Note at chapter heading for
Rev 3200)
PART Rev
3206 COMPLAINT PROCEDURES
Rev
3206.01 Filing a Complaint.
(a) Any alleged violations of the provisions of
RSA 77-G and Rev 3200 shall be made to the department by filing a completed
Form ED-06, “Complaint Form,” or by writing to the department and providing:
(1) The name, address, home phone number, work phone
number, and email address of the complainant;
(2) The name,
address, and phone number of the party against whom the complaint is alleged;
(3) A concise
statement that a parent, business organization, business enterprise,
individual, scholarship organization, or receiving school has violated any provision
of RSA 77-G or Rev 3200, including citation of the specific statue or rule provision;
(4) A statement
of the facts on which the complaint is based;
(5) Any and all
documentation to support the complaint;
(6) The names
and phone numbers of any witnesses; and
(7) The dated
signature in ink and printed name of the complainant, certifying to the following:
“Under penalties of perjury, I declare that I have
examined this document and to the best of my belief the information herein is
true, correct and complete.”
(b) Any written communication satisfying the
requirements set forth in (a) above shall constitute a complaint for the
purposes of Rev 3206.01.
(c) Complaints shall be considered filed on the
date that they are received by the department.
Source. #10236, eff 11-28-12;
amd by #12881, eff 9-27-19;
ss by #13462, eff 10-13-22 (see Revision Note at chapter heading for Rev 3200)
Rev
3206.02 Investigation of Complaints.
(a) If the complaint alleges a violation of RSA
77-G or Rev 3200, the department shall either conduct an inquiry or refer the
complaint to another agency for investigation.
(b) If the complaint does not state a violation
of RSA 77-G or Rev 3200, the department shall notify the complainant in
writing.
(c) If the complaint is about a scholarship
organization, the department shall conduct an inquiry into the merits of the complaint.
If the department determines the complaint has merit, the department shall
require an independent audit of the scholarship organization to be paid by the
scholarship organization as set forth in RSA 77-G:6, I(b).
Source. #10236, eff 11-28-12;
ss by #13462, eff 10-13-22 (see Revision Note at chapter heading for Rev 3200)
PART Rev 3207 ADMINISTRATION
Rev 3207.01
Filing Procedure.
(a) The forms used in this chapter shall be
available by:
(1) Written
request to the department;
(2) Calling
(603) 230-5001; or
(3) On the
department’s website at http://www.revenue.nh.gov/.
(b) Except as specifically provided, all the forms
to be filed to the department under this chapter and RSA 77-G shall be:
(1) Mailed to:
New Hampshire Department of Revenue Administration
Education Tax Credit
PO Box 637
Concord, NH 03302-0637; or
(2) Hand-delivered
to the department at:
Governor Hugh J. Gallen Office Park South
109 Pleasant Street
Medical and Surgical Building
Concord, NH.
(c) Forms transmitted to the department by
facsimile or electronic mail shall not be considered filed.
Source. #13462, eff 10-13-22
(see Revision Note at chapter heading for Rev 3200)
APPENDIX
|
Rule |
Specific State Statute the Rule
Implements |
|
Rev 3201.01 |
RSA 77-G:4 |
|
Rev 3201.02 |
RSA 77-G:1, IV |
|
Rev 3201.03 |
RSA 77-G:1, III |
|
Rev 3201.04 |
RSA 77-G:6 |
|
Rev 3201.05 |
RSA 77-G:5, II (b) |
|
Rev 3201.06 |
RSA 77-G:1, XII |
|
Rev 3201.07 |
RSA 77-G:1, XIV |
|
Rev 3201.08 |
RSA 77-G:1, XVII |
|
|
|
|
Rev 3202.01 |
RSA 77-G:1, XVIII; RSA 77-G:5, II(a); RSA 77-G:5,
II(g) |
|
Rev 3202.02 |
RSA 77-G:1, XVIII; RSA 77-G:5, II(a) |
|
Rev 3202.03 |
RSA 77-G:1, XVIII; RSA 77-G:5, II(a) |
|
|
|
|
Rev 3203.01 |
RSA 77-G:1, VII; RSA 77-G:5, II(b) |
|
Rev 3203.02 |
RSA 77-G:1, VII; RSA 77-G:5, II(b) |
|
Rev 3203.03 |
RSA 77-G:1, VII; RSA 77-G:5, II(b)-(c) |
|
|
|
|
Rev 3204 |
RSA 77-G:1, XX; RSA 77-G:5, II(d) |
|
Rev 3204.01 |
RSA 77-G:1, V; 77-G:5, II(d) |
|
|
|
|
Rev 3205.01 |
RSA 77-G:1, XIX; RSA 77-G:5, II(g) |
|
|
|
|
Rev 3206.01 – Rev 3206.02 |
RSA 77-G:6, I(c) |
|
|
|
|
Rev 3207.01 |
RSA 77-G:6 |