reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78 - Tobacco Tax › Section 78:24 - Distribution of Funds.

78:24 Distribution of Funds. –
I. The commissioner shall determine the additional amount of revenue produced by any additional tax in excess of $1.00 for each package containing 20 cigarettes or little cigars or at a rate proportional to such rate for packages containing other than 20, on all tobacco products sold at retail in this state imposed by RSA 78:2 and shall certify that amount to the state treasurer by October 1 of each year for deposit in the education trust fund established by RSA 198:39.
II. The commissioner shall make quarterly estimates of the amount of additional revenues that will be produced by such increase in tax rate for the next fiscal year and shall certify such amount to the state treasurer for deposit in the education trust fund established by RSA 198:39. Such estimates shall be certified on June 1, September 1, December 1, and March 1 of each year.
Source.
2019, 178:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78 - Tobacco Tax › Section 78:25 - Preservation of Revenues.

78:25 Preservation of Revenues. –
The general court hereby finds, determines, and declares that this subdivision is necessary for the protection of revenues to which the state is entitled under the Master Settlement Agreement between the state and the tobacco industry. The general court also finds, determines, and declares that this subdivision is necessary for the preservation of the public health and safety.
Source.
2019, 178:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78 - Tobacco Tax › Section 78:27 - Rulemaking.

78:27 Rulemaking. –
The commissioner shall adopt rules under RSA 541-A relative to the following:
I. The use, purchase, and purpose of tobacco stamps.
II. License application processes.
III. Documentation required to be maintained by licensees.
IV. Application of credits and refunds for taxes paid on other tobacco products.
V. Roll-your-own tobacco.
VI. Refund process for stamps on outdated, damaged, or unsaleable cigarettes.
VII. Documentation and filing requirements for licensees with regard to the Master Settlement Agreement.
VIII. Licenses, forms, reports, and returns.
IX. Hearings procedures.
X. Any other matter necessary to the proper administration and enforcement of this chapter.
Source.
2019, 178:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:1 - Title.

78-A:1 Title. –
This chapter may be known and cited as the "Meals and Rooms Tax Law."
Source.
1967, 213:1, eff. July 7, 1967. 2019, 304:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:2 - Administration; Rules; Questions of Law.

78-A:2 Administration;  Rules;  Questions of Law. –
I. [Repealed.]
II. The commissioner shall adopt rules, pursuant to RSA 541-A, after public hearing, relative to carrying out the intent and purpose of this chapter.
III. The commissioner may at any time, reserve, certify, and transfer to the supreme court for decision any question of law which arises in connection with the administration of this chapter.
Source.
1967, 213:1. 1969, 287:2. 1973, 544:9, 11, XVII. 1975, 439:6, 34, XIII. 1981, 128:24. 1986, 1:4, eff. Jan. 8, 1986.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:4 - Meals and Rentals Licenses Required; Penalty.

78-A:4 Meals and Rentals Licenses Required;  Penalty. –
I. Each operator shall register with the department the name and address of each place of business within the state where it operates a hotel, sells taxable meals, or rents motor vehicles. The operator shall complete a registration, upon receipt of which the department shall issue a meals and rentals license for each place in such form as it determines, attesting that the registration has been made, provided that a license shall not be issued or renewed if the operator owes unpaid taxes, interest, or penalties from any tax administered by the department. A license may be denied if the commissioner has reason to believe that the registration is filed by a person as a subterfuge for the real person in interest whose license has been previously been revoked, suspended, or not renewed for cause. Licenses shall expire on June 30 in each odd-numbered year, unless the business ceases operation, a change in ownership occurs, or the license is revoked or suspended by the department prior to expiration of the license.
I-a. The license shall be conspicuously posted in a public area upon the premises to which it relates. Violation of the posting requirement in this paragraph may result in a warning from the department that the operator's license may be revoked, suspended, or denied. The warning shall include notification to the operator of his or her obligation to obtain a meals and rooms license and pay the meals and rooms tax under this chapter. Subsequent violations of the provisions of this section may constitute sufficient cause for revocation, suspension, or denial of license.
II. [Repealed.]
III. No person shall engage in serving taxable meals, renting rooms, or renting motor vehicles without first obtaining the license required by this section. The license is nonassignable and cannot be transferred. Any person who fails to register or obtain a license as provided in this section shall be subject to the penalty provisions of RSA 21-J:39.
IV. Licenses, operator information displayed on licenses, and license dispositions, such as issuance, renewal, suspension, and revocation, shall be public records.
Source.
1967, 213:1; 409:11. 1969, 287:9. 1973, 530:4; 544:9. 1975, 439:7. 1977, 563:55. 1983, 439:2. 1991, 163:25. 1999, 17:26. 2001, 199:1. 2007, 147:1. 2009, 144:271. 2010, 48:2. 2011, 224:316, eff. July 1, 2011. 2019, 304:3, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:4-a - Advertisements of Short-Term Rentals.

78-A:4-a Advertisements of Short-Term Rentals. –
Any advertisement for a short-term rental by print, display, publication, distribution, or online listing offering a short-term rental shall include the meals and rooms license number of the operator, as defined in RSA 78-A:3. Violation of the provisions of this section may result in a warning from the department of revenue administration that the operator's license may be revoked, suspended, or denied. The warning shall include notification to the operator of his or her obligation to obtain a meals and rooms license and pay the meals and rooms tax under this chapter. Subsequent violations of the provisions of this section may constitute sufficient cause for revocation, suspension, or denial of license. Nothing in this section shall be construed to change or alter the nature of the use of a property for the purpose of determining compliance with a local zoning ordinance.
Source.
2016, 323:2, eff. Aug. 23, 2016. 2019, 304:4, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:5 - Suspension and Revocation of Licenses; Appeal.

78-A:5 Suspension and Revocation of Licenses;  Appeal. –
I. The commissioner may, after notice and hearing, suspend or revoke the license of any operator or may refuse to issue any license for failure to comply with the provisions of this chapter or with the rules and regulations prescribed under this chapter.
II. Any operator aggrieved by a suspension, revocation or refusal of the commissioner may appeal from the ruling either by application to the board of tax and land appeals or by petition to the superior court in the county in which he or she resides or conducts his or her operation within 15 days after receiving written notice of the commissioner's ruling in the manner prescribed in RSA 78-A:15. The board of tax and land appeals or the court, as the case may be, shall hear the appeal forthwith. If the appealing operator files a bond running to the state in an amount fixed by the board of tax and land appeals or the court, with a surety company authorized to do business in the state as surety, conditioned on the payment of taxes due and to become due during the pendency of the appeal, the ruling appealed from is inoperative if it is a ruling of suspension or revocation. If the ruling appealed from is a refusal to renew an existing license, the existing license shall remain valid during the pendency of the appeal if the appeal bond is given.
Source.
1967, 213:1. 1969, 287:10-13. 1973, 544:14, V. 1983, 394:8. 2001, 199:2, eff. July 1, 2001. 2012, 73:3, eff. May 23, 2012. 2019, 304:5, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:6 - Imposition of Tax.

78-A:6 Imposition of Tax. –
I. A tax of 8.5 percent of the rent is imposed upon each occupancy.
II. A tax is imposed on taxable meals based upon the charge therefor as follows:
(a) Four cents for a charge between $.36 and $.37 inclusive;
(b) Five cents for a charge between $.38 and $.50 inclusive;
(c) Six cents for a charge between $.51 and $.62 inclusive;
(d) Seven cents for a charge between $.63 and $.75 inclusive;
(e) Eight cents for a charge between $.76 and $.87 inclusive;
(f) Nine cents for a charge between $.88 and $1.00 inclusive;
(g) Eight and a half percent of the charge for taxable meals over $1.00, provided that fractions of cents shall be rounded up to the next whole cent.
II-a. A tax of 8.5 percent is imposed upon the gross rental receipts of each rental.
III. The operator shall collect the taxes imposed by this section and shall pay them over to the state as provided in this chapter.
Source.
1967, 213:1. 1969, 287:14. 1977, 330:1. 1981, 568:150. 1983, 226:1. 1999, 17:27; 163:8. 2009, 144:4, eff. July 1, 2009. 2021, 91:103, eff. June 25, 2021.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:6-a - Exception to Tax; Gratuity Charges.

78-A:6-a Exception to Tax;  Gratuity Charges. –
I. Gratuity charges added to the charge for a taxable meal or taxable room shall not be taxed under this chapter if:
(a) The gratuity is not used by the operator in lieu of the tipped employee minimum wage requirements of RSA 279:21, or as a pool from which bonuses are paid to managerial personnel;
(b) The gratuity is paid to the service personnel providing the service for which the gratuity is charged;
(c) The amount of the gratuity does not exceed 18 percent of the charge for the taxable meal and/or rent imposed on each occupancy;
(d) The gratuity exceeds the percentage specified in subparagraph (c) and the amount is not separately stated, the exception from tax shall be limited to the percentage enumerated and the additional gratuity shall be subject to tax; and
(e) The payroll or other business records of the operator substantiate the distribution of the gratuity to the service employees as a payment that does not supplement wages or is not in lieu of wages.
II. Gratuity charges arranged by written contract between operators and motorcoach service providers or other businesses making group purchases on behalf of purchasers or occupants shall not be taxed under this chapter if the requirements of RSA 78-A:6-a, I are met.
III. Gratuity charges included in package arrangements offered by hotels to purchasers or occupants, which are not arranged by written contract between operators and motorcoach service providers or other businesses making group purchases on behalf of purchasers or occupants, shall not be taxed under this chapter if the requirements of RSA 78-A:6-a, I are met.
IV. The amount of any gratuity charge excepted from tax by RSA 78-A:6-a, I, II, or III shall be limited to that amount actually received by the service personnel providing the service for which such gratuity is charged.
Source.
1993, 225:1. 1996, 53:2. 2002, 232:17. 2003, 249:1, eff. July 1, 2003. 2019, 304:6, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:6-b - Exception to Tax; Auxiliary Charges.

78-A:6-b Exception to Tax;  Auxiliary Charges. –
I. Any auxiliary charges, not including gratuity charges, such as, but not limited to, service charges, house charges, management fees, or housekeeping charges, added to the charge for a taxable meal or taxable room, shall not be taxed under this chapter if:
(a) The taxable meal or taxable room rental may be purchased without such auxiliary charges at the option of the purchaser or occupant; and
(b) The amount of the auxiliary charge is separately stated on the contract or receipt.
II. The portion of a single aggregate charge allocated to items which are not customarily associated with the purchase of a taxable room or taxable meal, including but not limited to ski lift tickets, boat ride fees, amusement park admission tickets, theater tickets, or other similarly packaged items shall not be taxable if:
(a) The packaged item or service is not part of the operator's standard room rental or meal and the allocated cost of the package item or service is equal to the amount paid to an outside vendor or the allocated cost of the package item or service is the amount over and above the amount which a consumer would be ordinarily charged for the room rental and/or meal had the consumer purchased the room or meal without the packaged item or service;
(b) The allocated cost of the package for gratuities meets the requirements of RSA 78-A:6-a, I; and
(c) The operator's business records provide the documentation necessary for the department to determine the allocation of costs and the proper application of the tax.
III. Admission charges shall not be taxed under this chapter if:
(a) The charge is paid for admission only, and not for any food or beverages, including alcoholic beverages; and
(b) The amount of the admission charge is separately stated on the contract or receipt.
Source.
2019, 304:6, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:8 - Returns and Payment.

78-A:8 Returns and Payment. –
I. Every operator shall, on or before the fifteenth day of the calendar month following the collection of taxes imposed by this chapter, file a return reporting the results of the preceding month to the commissioner of revenue administration. This return shall be filed even though no tax may be due. Returns may be filed by mail or electronically. If such operator has been granted permission to make other than monthly filings, as provided in RSA 78-A:9, II(b), the operator shall make a return in accordance with the return schedule permitted by the department of revenue administration, even though no tax may be due. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the form of such return and the data which it shall contain. All electronically filed returns shall contain an electronic authorization by the operator or an authorized representative subject to the pains and penalties of perjury. The commissioner shall adopt rules, under RSA 541-A, relative to the method of electronic authorization.
II. The taxes collected by every operator shall be paid to the state on or before the fifteenth day of the calendar month following their collection. The operator may deduct from the taxes collected the compensation allowed by RSA 78-A:7, III, and remit the net taxes by electronic funds transfer to the commissioner of revenue administration.
III. Notwithstanding the provisions of any other law, returns and remittances due under this chapter shall be considered timely only if received by the department of revenue administration on or before the fifteenth day of the calendar month in which they were due. If this due date falls on a Saturday, Sunday, or legal holiday, then the returns and remittances due under this chapter shall be filed no later than the next business day.
IV. An operator shall receive notification of a successful filing and a confirmation number which shall serve as proof of filing.
V. Any operator that does not choose to file electronically shall forfeit any amounts retained pursuant to RSA 78-A:7, III to the department to offset the costs of manual paper filing. The forfeiture shall be waived for any business with under $25,000 in meals and rooms taxable revenue in the prior calendar year.
Source.
1967, 213:1; 409:5. 1973, 544:9. 1983, 469:65. 1985, 370:1. 1987, 160:1; 189:3. 1997, 132:2. 1998, 383:2, 3, eff. Aug. 25, 1998. 2021, 24:2, eff. May 6, 2021.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:8-b - Surety Bonds.

78-A:8-b Surety Bonds. –
I. When the commissioner or her or his designee, in her or his discretion, deems it necessary to protect the revenues to be obtained under this chapter, she or he may require any operator required to collect the tax imposed by RSA 78-A:6 to file a bond issued by a surety company authorized by the New Hampshire insurance department to do business in this state, in an amount fixed by the commissioner or her or his designee, to secure the payment of any tax, interest or penalties due, or which may become due. Surety bonds may be required in situations such as, but not limited to, failure to file returns, failure to make payments with returns at the time required by law, tender by an operator of checks returned for insufficient funds, failure to pay interest and penalties assessed, operators who are itinerant, transient, or temporary, and any other situation which, in the discretion of the commissioner or her or his designee, renders the collection of the tax in jeopardy. If the commissioner or the commissioner's designee requires an operator to file a surety bond with the department, the operator shall file such bond within 10 days.
I-a. [Repealed.]
II. The surety on such bond shall be discharged from the liability accruing on the bond after the expiration of 60 days from the date on which the surety shall have lodged with the department a written request to be so discharged; but such request shall not discharge such surety from any liability already accrued or which shall accrue before the expiration of said 60-day period. The duration of surety bonds shall be for one year only, unless the requirement is canceled or revised by the commissioner or his designee before the expiration of the one-year period.
III. In lieu of a bond, cash in an amount prescribed by the commissioner or her or his designee may be deposited with the state treasurer who may, at any time, upon instructions from the commissioner or her or his designee and without notice to the depositor, apply the cash deposited to any tax or interest or penalties due. Cash deposited in lieu of a surety bond shall not earn interest.
IV. Failure to comply with the provisions of this section may result in the revocation, suspension, or denial of the operator's license, as provided in RSA 78-A:5, I.
Source.
1983, 439:3. 2009, 144:269. 2010, 58:1, eff. May 18, 2010; 187:1, eff. Aug. 20, 2010. 2012, 73:6, eff. May 23, 2012. 2019, 304:9, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:9 - Returns; Special, Optional, and Extensions.

78-A:9 Returns;  Special, Optional, and Extensions. –
I. If the department believes special action is necessary when the collection of the tax may be in jeopardy, it may require an operator to file returns and pay taxes under this chapter at any time and from time to time.
II. Upon written request and for good cause shown:
(a) The department may authorize an operator whose books and records are not kept on a calendar month basis to file returns at times other than those specified in RSA 78-A:8.
(b) The department may authorize seasonal businesses to file fewer than 12 monthly returns.
(c) The department may extend the time for filing any return required by the chapter.
Source.
1967, 213:1. 1969, 287:17. 1975, 439:25. 1983, 469:66, eff. Sept. 30, 1983.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:10-a - Repealed by 1991, 163:43, XX, eff. May 27, 1991.

78-A:10-a Repealed by 1991, 163:43, XX, eff. May 27, 1991. –
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:11 - Assessment of Additional Tax.

78-A:11 Assessment of Additional Tax. –
I. If any operator fails to make a return as required by this chapter, the department may make an estimate of the tax liability of the operator from any information it may obtain, and according to such estimate so made by the department, may assess the taxes, interest, and penalty due the state from the operator, may give notice of the assessment to the operator, and may make demand upon him for payment.
I-a. If a rental facilitator required to collect and remit a tax under this chapter fails to make a return, no assessment shall be made except against the rental facilitator.
I-b. If a room facilitator required to collect and pay a tax under this chapter fails to make a return, no assessment shall be made except against the room facilitator.
II. After a return is filed under this chapter, the department shall examine the return and may make such further audits or investigation as it considers necessary. If it determines that there is a deficiency with respect to the payment of any tax due under this chapter, it shall assess the taxes and interest due the state, give notice of the assessment to the person liable and make demand upon him for payment.
III. If the department finds that an operator liable for a tax designs to leave the state, or to remove his property from the state, or to conceal himself or his property, or to discontinue business, or to do any other act tending to prejudice or to render wholly or partially ineffective proceedings to collect the tax, unless proceedings be brought without delay, the department may immediately assess the tax, interest and penalties due the state and give notice of the assessment and the finding to the operator liable, together with a demand for immediate report or immediate payment, or both, of the tax declared to be in jeopardy, including interest and penalties. The department may make the estimate of the tax liability from any information it may obtain. The assessment is presumed to be correct, the burden of showing otherwise being on the operator. The tax, interest and penalties shall become due and payable at the time the demand for payment is made. The attorney general may at the same time, without delay, bring suit for the collection of the tax.
Source.
1967, 213:1. 1969, 287:19-21. 1975, 439:9, 25. 1983, 439:4. 1991, 163:26, eff. May 27, 1991. 2021, 160:8, eff. Oct. 1, 2021.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:12 - Repealed by 1991, 163:43, XXI, eff. May 27, 1991.

78-A:12 Repealed by 1991, 163:43, XXI, eff. May 27, 1991. –
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:13 - Appeals.

78-A:13 Appeals. –
I. [Repealed.]
II. Upon the filing of an appeal, the board of tax and land appeals or the court, as the case may be, shall issue a summons requiring the commissioner to file with the court a certified copy of the record in the proceeding together with such of the evidence introduced before or considered by the commissioner as may be specified by any party in interest as well as such other evidence, so introduced and considered, as the commissioner wishes to specify, together with the originals or copies of all exhibits introduced in evidence before the commissioner.
III. The board of tax and land appeals or the court shall take from the appellant a bond or recognizance to the state, with surety, to prosecute the appeal to completion and to comply with the orders and decrees of a court in the premises. The board or court may also require the appellant to provide a bond running to the state with surety in a sum fixed by the court conditioned upon the payment of taxes found to be due and to become due during the pendency of the appeal. Such appeals shall be preferred cases for hearing on the docket of the board or the court. The board or the court may grant such relief as may be just and equitable and may order the state treasurer to pay to the aggrieved person the amount of the relief granted with interest at the rate established under RSA 21-J:28. Upon all appeals which are denied, costs may be taxed against the appellant at the discretion of the board or the court; but the board or court may not tax costs against the state.
Source.
1967, 213:1; 409:6. 1969, 287:23, 24. 1973, 544:14, VI. 1977, 574:4. 1983, 394:9. 1991, 163:43, XXII, eff. May 27, 1991. 2014, 204:3, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:14 - Repealed by 1991, 163:43, XXIII, eff. May 27, 1991.

78-A:14 Repealed by 1991, 163:43, XXIII, eff. May 27, 1991. –
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:15 - Notices.

78-A:15 Notices. –
I. Unless otherwise provided, any notice required to be given under this chapter is sufficient if a written copy of the notice is served on the person to be notified at least 10 days, or mailed to the person at least 12 days before the hearing or event of which notice is given.
II. Any notice required to be given by the department or the commissioner of revenue administration under this chapter may be served personally by any person or by sending the notice by mail to the person for whom it is intended, addressed to the person at the address given in the last report filed by him under this chapter. If no report has been filed, it is sufficient to send the notice to the address of his last known abode, or if other than an individual, to the address of the last known business address. If notice is given by mail, the mailing of the notice shall be presumptive evidence of its receipt by the person to whom it is addressed. Any time period which is determined under this chapter by the giving of notice by mail shall commence to run from the date of mailing of the notice.
Source.
1967, 213:1. 1969, 287:25. 1973, 544:9. 1975, 439:25. 1983, 439:5, eff. July 1, 1983.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:16 - Repealed by 1991, 163:43, XXIV, eff. May 27, 1991.

78-A:16 Repealed by 1991, 163:43, XXIV, eff. May 27, 1991. –
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:18 - Violations.

78-A:18 Violations. –
Any occupant or purchaser who willfully fails, neglects, or refuses to pay any tax assessed against him by this chapter is guilty of a violation.
Source.
1967, 213:1. 1969, 287:27. 1973, 528:27; 531:18; 544:9. 1977, 347:1. 1991, 163:27, eff. May 27, 1991.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:19 - Records; Inspection.

78-A:19 Records;  Inspection. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the form in which each operator shall keep the separate books and records of his business. Each operator shall keep the books and records for 3 years in such a manner to insure permanency and accessibility for inspection by the commissioner and his authorized representatives. The records shall be open for inspection by the commissioner or his authorized representative at all reasonable times. The commissioner or his authorized representative may enter in or upon any premises where sleeping accommodations are rented or taxable meals are sold to determine whether the provisions of this chapter are being obeyed, and may examine the books, papers, records, and premises of any operator for the purpose of determining whether the taxes imposed by this chapter have been fully paid.
Source.
1967, 213:1. 1973, 544:9. 1977, 233:1. 1981, 128:25, eff. May 11, 1981.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:20 - Taxes as Personal Debt to State.

78-A:20 Taxes as Personal Debt to State. –
I. All taxes required to be paid by operators, and all increases, interest, and penalty on the taxes, become from the time due and payable to the commissioner of revenue administration a personal debt from the operator liable to pay them to the state to be recovered in an action of debt.
II. An action may be brought by the attorney general at the instance of the commissioner of revenue administration in the name of the state to recover the amount of taxes, penalties, and interest due from the operator, if the action is brought within 3 years after the taxes, penalties, and interest are due. The action is returnable in the county where the operator resides if he is a resident of the state; and if a nonresident, the action is returnable to the county of Merrimack. The limitation of 3 years in this section does not apply to a suit to collect taxes, penalties, interest, and costs when the operator filed a fraudulent return or failed to file a return when the return was due.
Source.
1967, 213:1; 409:7. 1973, 544:9, Sept. 1, 1973.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:21 - Taxes as Property Lien.

78-A:21 Taxes as Property Lien. –
If any operator required to collect and transmit a tax under this chapter neglects or refuses to pay the tax after demand, the amount, together with all penalties and interest provided for in this chapter and together with any costs that may accrue in addition to the tax becomes a lien in favor of the state upon all property and rights to property whether real or personal belonging to the operator. The lien arises at the time demand is made by the commissioner and continues until the liability for the sum, with interest and costs, is satisfied or becomes unenforceable. Certificates of release of such lien shall be given by the commissioner on the satisfaction of the lien. For the purposes of this section, operator in the case of corporations includes the president, treasurer, or any other person in a managerial capacity of said corporation. Operator, in the case of a limited liability company, includes members and any other person in a managerial capacity of the limited liability company. No lien against real property under this section shall be effective until it is recorded at the registry of deeds for the county in which the real property lies.
Source.
1967, 213:1. 1969, 449:2. 1973, 544:9. 1978, 40:28. 1995, 45:4, eff. July 2, 1995.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:22 - Repealed by 1991, 163:43, XXV, eff. May 27, 1991.

78-A:22 Repealed by 1991, 163:43, XXV, eff. May 27, 1991. –
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:24 - Expenses.

78-A:24 Expenses. –
Expenses under this chapter are a charge upon the tax collected. Until taxes are received, the state treasurer shall pay the expenses out of the general funds and he shall reimburse the general funds when taxes are collected.
Source.
1967, 213:1, eff. July 7, 1967.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:25 - Population Figures.

78-A:25 Population Figures. –
I. The office of planning and development is hereby directed to estimate annually the resident population for all cities and towns of the state as of July 1 of the preceding year and shall certify the same to the state treasurer on or before August 19 of each year.
II. For this section only the definition of resident, and therefore those persons who are to be included in estimate figures, will be the same as that adopted by the United States bureau of the census.
III. On or before April 30 of each year, the office of planning and development shall notify the chief administrative officer in each community of all the data components which will be used as the basis for the estimate of population. Municipalities believing that such data components are incorrect shall file their specific objections and evidence in support thereof with the office of planning and development on or before May 30 of the same year. After due consideration of such evidence, the director of the office of planning and development shall determine the final components and resulting estimates.
IV. Municipalities dissatisfied with population estimates produced by the office of planning and development may, at their own expense, have a special census conducted under contract with the United States bureau of the census. The results of such a census shall serve as a basis for subsequent estimates made by the office of planning and development after said results are made available to the office of planning and development.
Source.
1967, 409:9. 1970, 53:1. 1977, 292:1. 2003, 319:9. 2004, 257:44, eff. July 1, 2004. 2017, 156:64, eff. July 1, 2017. 2021, 91:198, eff. July 1, 2021. 2023, 79:248, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-A - Tax on Meals and Rooms › Section 78-A:26 - Disposition of Revenue.

78-A:26 Disposition of Revenue. –
I. Beginning on July 1, 1995, and for each fiscal year thereafter, the department shall pay over all revenue, except revenues identified in paragraphs II and III of this section, collected under this chapter to the state treasurer. On or before September 15 of each year, the department shall determine the cost of administration of this chapter for the fiscal year ending on the preceding June 30, and it shall notify the state treasurer of these costs by a report certified by them as to correctness. After deducting the cost of administration of the chapter from the total income, the state treasurer shall distribute the net income as follows:
(a) The amount necessary to provide payments of principal and interest on the bonds and notes authorized under RSA 198:15-a, II for the fiscal years ending June 30, 2009 through June 30, 2030; and
(b) The remainder to the general fund.
II. Beginning on July 1, 1999, and for each fiscal year thereafter, the department shall pay over all revenue collected pursuant to RSA 78-A:6, II-a to the state treasurer for deposit in the education trust fund established by RSA 198:39.
III. On or before December 1, 2021 and each December 1 thereafter, 30 percent of the net income determined under the introductory paragraph of paragraph I of the most recent fiscal year, after deductions for the cost of administration and revenues deposited in the education trust fund pursuant to paragraph II, shall be deposited into the meals and rooms municipal revenue fund for distribution to the unincorporated towns, unorganized places, towns, and cities. The amount to be distributed to each such town, place, or city shall be determined by multiplying the total amount to be distributed by a fraction, the numerator of which shall be the population of the unincorporated town, unorganized place, town, or city and the denominator of which shall be the population of the state. The population figures shall be based on the latest resident population figures furnished by the office of planning and development.
IV. There is hereby established in the treasury the meals and rooms municipal revenue fund. Any money deposited into the meals and rooms municipal revenue fund shall be nonlapsing and continually appropriated to the state treasurer for distribution to the unincorporated towns, unorganized places, towns, and cities pursuant to paragraph III.
Source.
1993, 352:1. 1999, 17:30, 31. 2003, 319:9. 2004, 257:44. 2009, 144:6, eff. June 30, 2009. 2013, 144:70, eff. July 1, 2013. 2014, 76:2, eff. July 26, 2014; 109:1, eff. June 11, 2014. 2017, 156:64, eff. July 1, 2017. 2019, 346:79, eff. July 1, 2019. 2021, 91:112, 198, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-B - Tax on Transfer of Real Property › Section 78-B:1 - Transfer Tax.

78-B:1 Transfer Tax. –
I. (a) A tax is imposed upon the sale, granting and transfer of real estate and any interest therein including transfers by operation of law. Each sale, grant and transfer of real estate, and each sale, grant and transfer of an interest in real estate shall be presumed taxable unless it is specifically exempt from taxation under RSA 78-B:2.
(b) The rate of the tax is $.75 per $100, or fractional part thereof, of the price or consideration for such sale, grant, or transfer; except that where the price or consideration is $4,000 or less there shall be a minimum tax of $20. The tax imposed shall be computed to the nearest whole dollar.
II. [Repealed.]
III. This section shall be construed in all respects so as to meet all constitutional requirements. If any provision or clause of this section is held invalid, such invalidity shall not affect other provisions of the section.
IV. For the purposes of this chapter, manufactured housing, as defined by RSA 674:31, shall be deemed real estate at such time as it is placed on a site and tied into required utilities.
Source.
1967, 320:1. 1969, 48:1. 1972, 53:1. 1977, 495:1; 600:75. 1983, 230:7. 1989, 197:1; 416:1, 3. 1991, 362:2. 1999, 17:32, 33, eff. July 1, 1999.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-B - Tax on Transfer of Real Property › Section 78-B:3 - Evidence of Payment.

78-B:3 Evidence of Payment. –
The payment of the tax imposed by this chapter shall be evidenced by indicia of tax paid as approved by the commissioner of revenue administration attached to the instrument in writing by which any real estate or any interest in real estate is sold, granted, assigned, transferred or otherwise conveyed to or vested in the purchaser, or grantee, or in any other person by the purchaser's or grantee's direction.
Source.
1967, 320:1. 1973, 544:8, eff. Sept. 1, 1973. 2018, 171:1, eff. July 1, 2018.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-B - Tax on Transfer of Real Property › Section 78-B:5 - Indicia of Tax Paid.

78-B:5 Indicia of Tax Paid. –
The commissioner of revenue administration shall determine and prescribe the size, shape and design of the indicia of tax paid and shall approve the use of any machine or mechanical device used to produce indicia of payment of the tax imposed by this chapter. Evidence of payment of the tax imposed by this chapter shall be affixed by the registry of deeds in each county, and at such other places as the commissioner shall determine.
Source.
1967, 320:1. 1973, 544:11, XIX. 1975, 439:10, eff. July 1, 1975. 2018, 171:3, eff. July 1, 2018.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-B - Tax on Transfer of Real Property › Section 78-B:6 - Recording.

78-B:6 Recording. –
The indicia of payment of the tax imposed by this chapter shall be attached to the deed, assignment or other instrument in writing before recording the same unless the instrument bears a statement that the transaction is not subject to the tax imposed by this chapter.
Source.
1967, 320:1, eff. Jan. 2, 1968. 2018, 171:3, eff. July 1, 2018.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-B - Tax on Transfer of Real Property › Section 78-B:7 - False Statements.

78-B:7 False Statements. –
If any purchaser, grantee, assignee, transferee, seller, grantor, assignor or transferor who is a party to a transfer of real estate or an interest in real estate falsely states in writing upon any instrument to be recorded or upon the declaration of consideration required by RSA 78-B:10 that no tax is due, or attaches to the instrument indicia of tax paid that indicate a purchase price or consideration less than the actual price or consideration, he or she shall be subject to a civil penalty of 100 percent of the amount of additional taxes determined to be due, in lieu of the provisions of RSA 21-J:33.
Source.
1967, 320:1. 1973, 528:29. 1981, 568:152, II. 1989, 197:6. 1990, 231:4. 1991, 163:28, eff. May 27, 1991. 2018, 171:3, eff. July 1, 2018.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-B - Tax on Transfer of Real Property › Section 78-B:7-a - Interest.

78-B:7-a Interest. –
Any party to a transfer of real estate or an interest in real estate subject to a penalty under RSA 78-B:7 shall pay interest as prescribed in RSA 21-J:28.
Source.
1989, 197:7, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-B - Tax on Transfer of Real Property › Section 78-B:8 - Administration.

78-B:8 Administration. –
I. This chapter shall be administered by the commissioner of revenue administration. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the administration of this chapter. Rules adopted under this chapter may include written examples of taxable and nontaxable real estate transactions. The commissioner shall recommend the amount of bond for each register of deeds. The cost of such bond shall be paid by the state as an expense of administering this chapter. Each register of deeds, or county if the register of deeds is on a salary basis, shall be paid for his or her services 4 percent of the face value of the approved indicia of payment of the tax sold in his or her registry. Such payment for services shall be made prior to remitting all taxes collected, and shall be deducted from the remittance made in paragraph II. A sum sufficient to pay each register of deeds for his or her services pursuant to this section is hereby continually appropriated. The governor is authorized to draw a warrant for the payment thereof out of any funds in the treasury not otherwise appropriated.
II. Following payment for services in paragraph I, each register of deeds shall remit the taxes so collected, minus payment for his or her services, to the department monthly or more often. All funds received from the sale of approved indicia shall be credited to the department for administering this chapter and shall not lapse, but whenever the amount available exceeds $12,000, the excess shall be paid over to the state treasurer.
III. [Repealed.]
Source.
1967, 320:1. 1973, 544:11, XX. 1975, 439:11. 1981, 128:26. 1985, 158:1. 1988, 38:2. 1994, 158:7. 2007, 263:46, eff. July 1, 2008; 263:48, eff. July 1, 2018. 2014, 192:2, eff. Sept. 9, 2014. 2018, 171:4, eff. July 1, 2018.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-B - Tax on Transfer of Real Property › Section 78-B:9 - Authority to Audit.

78-B:9 Authority to Audit. –
I. The commissioner of the department of revenue administration shall have the power to audit all real estate transfers within this state for purposes of verifying and determining the existence of a sale, granting or transfer of real estate, and for purposes of verifying and determining the amount of the price or consideration paid for real estate transferred within this state.
II. If there is occasion to determine if there has been a sale, grant or transfer of real estate within this state, the commissioner shall look to the substance of the transaction or series of transactions to determine if a sale, grant or transfer of real estate has occurred.
III. If there is occasion to determine if the stated price or consideration is the actually paid or required to be paid price or consideration, then the commissioner shall have the power, barring specific proof to the contrary, to determine the actual price or consideration by the fair market value of the real estate.
IV, V. [Repealed.]
Source.
1989, 197:8. 1990, 231:3. 1991, 163:43, XXVI, eff. May 27, 1991.
2023 New Hampshire Revised Statutes › Title V - Taxation › Chapter 78-B - Tax on Transfer of Real Property › Section 78-B:9-a - Procedure for Assessment or Refund of Tax.

78-B:9-a Procedure for Assessment or Refund of Tax. –
I. Pursuant to the power granted under RSA 78-B:9, the commissioner may assess and collect additional tax, penalties, or interest imposed under this chapter or RSA 21-J, or refund any overpayment of tax paid under this chapter.
II. (a) Upon completion of the assessment and collection of additional tax, the commissioner shall issue to the register of deeds of the county in which the real estate is located notice of the additional tax collected. Such notice shall indicate the following:
(1) The names of the grantor and grantee.
(2) The book and page number of the deed to which the additional tax relates.
(3) The amount of the tax originally paid.
(4) The amount of the additional tax collected.
(5) The location of the property.
(b) Upon receipt of the notice of additional tax collected, the register of deeds shall:
(1) Attach to the notice indicia reflecting the amount of the additional tax collected; and
(2) Record the notice with the indicia of tax paid with no additional charge to the state.
III. (a) Upon completion of the refund of tax the commissioner shall issue to the register of deeds of the county in which the real estate is located notice of the refund of tax issued. Such notice shall indicate the following:
(1) The names of the grantor and grantee.
(2) The book and page number of the deed to which the refund or credit of tax relates.
(3) The amount of the tax originally paid.
(4) The amount of the refund of tax issued.
(5) The location of the property.
(b) Upon receipt of the notice of refund, the register of deeds shall record the notice.
IV. At the same time the notice of additional tax is forwarded to the register of deeds pursuant to paragraph II, the commissioner shall certify to the state treasurer the amount of 4 percent of the additional tax assessed and collected, such amount to be paid within one month of the certification to the register of deeds. The amount paid to the register of deeds hereunder shall constitute the total payment for services related to the affixing of indicia of tax paid and recording of the notice of additional taxes required by subparagraph II(b).
V. On or before the end of the month following the month in which the commissioner forwards a notice of refund pursuant to paragraph III, the register of deeds shall add to said month's remission of taxes collected required by RSA 78-B:4, II, the amount of 4 percent of the tax refunded.
Source.
2005, 31:1, eff. July 9, 2005. 2018, 171:5, 6, eff. July 1, 2018.