CHAPTER Rev 1500 RAILROAD AND PRIVATE RAILROAD CAR COMPANIES

Statutory Authority: RSA 82

PART Rev 1501 DEFINITIONS

Rev 1501.01 "Common equity" means the aggregate value of a firm’s common stock.

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

Rev 1501.02 “Long term debt” means loans and obligations, usually with interest payments, with a maturity of longer than 1 year.

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

Rev 1501.03 "Net book value" means the original cost less depreciation and amortization.

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

Rev 1501.04 "Net operating income (NOI)" means gross railroad revenues less operating expenses such as payroll taxes, wages, administration costs, legal costs, accounting fees, property insurance, utilities, repair and maintenance expenses, property taxes and corporate income taxes.

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

Rev 1501.05 "Original cost" means the cost of acquisition of a property by its present owner, plus the cost of any additions and betterments made by such owner, whether or not such costs represent prudent investments.

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

Rev 1501.06 "Private railroad car company" means a corporation or company which is not a railroad company, owning railroad cars operated for profit on any railroad in New Hampshire.

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

Rev 1501.07 "Railroad company" means every corporation, company association, joint stock association, partnership and person, their lessees, trustees, or receivers appointed by any court, owning 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. It also includes all bridges and other structures owned, leased or used.

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

Rev 1501.08 "Road" means the railroad right of way and everything constructed on it.

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

Rev 1501.09 "Taxable year" means the period beginning April 1 and ending March 31 of the subsequent calendar year, or any part thereof.

Source. #6731, eff 4-18-98 (from Rev 1501.08), EXPIRES: 4-18-06; ss by #8652, eff 6-6-06

PART Rev 1502 FORMS, RETURNS, AND PAYMENTS

Rev 1502.01 Form PA-21, Private Railroad Property Tax Information Update.

(a) Private railroad car companies shall annually, by July 1, complete and file Form PA-21, "Private Railroad Property Tax Information Update” for cars operated on railroads in New Hampshire to reflect the company's status as of April 1 of the current taxable year.

(b) If the completed Form PA-21 is based upon the company’s end of year report made in December, it shall include an update of any major changes occurring between December and the following April 1.

(1) The name and billing address of the company;

(2) The name of owner and address if different than (1) above;

(3) An indication of the type of entity as follows:

a. Corporation;

b. Partnership;

c. Sole proprietor;

d. Association;

e. Trust;

f. Estate;

g. Limited partnership;

h. Political subdivision; or

i. Other;

(4) An indication of whether there have been any changes in ownership in the last year and the current and former owners’ names;

(5) The federal employer identification number;

(6) The total number of all railroad cars owned by the company;

(7) The total original cost of all railroad cars owned by the company;

(8) The total net book value of all railroad cars owned by the company;

(9) The total number of miles traveled everywhere by cars owned by the company during the preceding tax year;

(10) The total number of miles traveled in New Hampshire by cars owned by the company during the preceding tax year;

(11) A list of reporting or identification marks;

(12) The contact person’s:

a. Name and title;

b. Address;

c. Telephone and fax numbers; and

d. E-mail address, if applicable;

(13) A statement certifying that under the penalties of perjury that the information provided on the form is correct and accurate to the best of his or her belief and knowledge and that he or she is authorized to submit this report on behalf of the railroad property owner or operator named herein; and

(14) The preparer’s signature, title, and date of signature.

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

Rev 1502.02 Form PA-22, Railroad Company Property Tax Information Update.

(a) Railroad companies shall annually, by July 1, complete and file Form PA-22, “Railroad Company Property Tax Information Update” to reflect the company's status as of April 1 of the current taxable year.

(b) If the completed Form PA-22 is based upon the company’s end of year report made in December, it shall include an update of any major changes occurring between December and the following April 1.

(1) The names of the railroad company and the owner as of April 1st in the current taxable year;

(2) An indication of the type of entity as follows:

a. Corporation;

b. Partnership;

c. Sole proprietor;

d. Association;

e. Trust;

f. Estate;

g. Limited partnership;

h. Political subdivision; or

i. Other;

(3) The federal employer identification number;

(4) The contact person’s:

a. Name and title;

b. Address;

c. Telephone and fax numbers; and

d. E-mail address, if applicable;

(5) The preparer’s dated signature;

(6) An itemization of total original cost of all railroad company assets:

a. In New Hampshire; and

b. Everywhere;

(7) An itemization of total net book value of all railroad company assets:

a. In New Hampshire; and

b. Everywhere;

(8) An itemization of the total miles of track owned as follows:

a. In New Hampshire; and

b. Everywhere;

(9) An itemization of the total miles of track leased as follows:

a. In New Hampshire; and

b. Everywhere;

(10) An itemization of the total miles of track, by municipality, owned by the company and:

a. Leased from the State of New Hampshire; or

b. Leased from other companies;

(11) A list of anticipated events or issues that may influence future operations income or expenses;

(12) A detailed 6-year revenue and expense analysis for the total railroad company’s assets for the current taxable year and the preceding 5 years showing:

a. Net operating income;

b. Net book value; and

c. Construction work in progress;

(13) The breakdown of the total capital structure of the company to include:

a. Total long term debt;

b. Total preferred stock;

c. Common equity; and

d. Total capital;

(14) The total original cost of:

a. The road;

b. The equipment;

c. The general expenditures;

d. Capitalized leased equipment;

e. Materials and supplies;

f. Construction work in progress; and

g. Operating lease payment to:

1. The state of New Hampshire department of transportation; and

2. Entities other than the state of New Hampshire;

(15) The total depreciation for:

a. The road;

b. Equipment;

c. General expenses; and

d. Capital leased equipment;

(16) The interest expenses on long term debt;

(17) An indication of revenue source, with the approximate percentage, by activity type as follows:

a. Freight;

b. Passenger;

c. Tourist;

d. Repair; or

e. Other;

(18) If the railroad company made any user rent, fee, lease or operating payments to the New Hampshire department of transportation, the identification of the amount of payment by activity type as follows:

a. Freight based;

b. Equipment based;

c. Ticket based; or

d. Other based;

(19) The date of original or historical construction;

(20) The effective age that reflects the current condition and utility of the assets;

(21) A statement certifying “I hereby certify under penalties of perjury that the information provided is correct and accurate to the best of my belief and knowledge, and that I am authorized to submit this report on behalf of the railroad property and or operator named herein”; and

(22) The preparer’s dated signature and title.

(b) The following documents shall accompany the completed Form PA-22:

(1) The railroad company's annual fiscal or calendar year report of the year preceding the tax date of April 1;

(2) A list of private car companies traveling over the railroad company's tracks located in New Hampshire during the preceding tax year, including:

a. The address of each company; and

b. The number of miles traveled by cars owned by each 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

Rev 1502.03 Form DP-110-ES, Estimated Railroad Tax.

(a) Railroad companies having an annual projected tax liability in excess of $200 shall complete and file Form DP-110-ES, “Estimated Railroad Tax” quarterly, pursuant to RSA 82:20, III, by providing:

(1) The company name and mailing address;

(2) The federal employer identification number; and

(3) The amount of payment enclosed.

(b) When an annually projected tax liability in excess of $200 is determined in a quarter subsequent to the first quarter, the initial estimated tax payment shall equal the cumulative amount payable as of that quarter as if the liability had been determined in the first quarter.

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

Rev 1502.04 Form DP-111-ES, Estimated Private Car Tax.

(a) A private railroad car company having an annual projected tax liability in excess of $200 shall complete and file quarterly, pursuant to RSA 82:20, III, Form DP-111-ES, “Estimated Private Car Tax”, by providing:

(1) Name and mailing address;

(2) Federal employer identification number; and

(3) The amount of payment enclosed.

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

Rev 1502.05 Form DP-110-RETPYT, Railroad Tax Payment Form.

(a) All railroads shall, annually by December 30, complete and file Form DP-110-RETPYT, “Railroad Tax Payment Form” by providing:

(1) The name and address;

(2) The federal employer identification number;

(3) The market value of property in New Hampshire as of April 1;

(4) The tax rate;

(5) The payments;

(6) The additions to tax;

(7) An indication of the amount of overpayment to be applied, if any, to the tax liability; and

(8) If requesting a refund, the date, signature and title of the preparer.

(b) A payment shall accompany Form DP-110-RETPYT.

Source. #8652, eff 6-6-06

Rev 1502.06 Form DP-111-RETPYT, Private Car Tax Payment Form.

(a) All private railroad cars shall, annually by December 30, complete and file Form DP-111-RETPYT, “Private Car Tax Payment Form” by providing:

(1) The name and address;

(2) The federal employer identification number;

(3) The market value of property in New Hampshire as of April 1;

(4) The tax rate;

(5) The payments;

(6) The additions to tax;

(7) An indication of the amount of overpayment to be applied, if any, to the tax liability; and

(8) If requesting a refund, the date, signature and title of the preparer.

(b) A payment shall accompany Form DP-111-RETPYT.

Source. #8652, eff 6-6-06

Rev 1502.07 Form PA-23, Railroad Directors’ Return. Form PA-23, “Railroad Directors Return”, shall be completed and filed once every 5 years, pursuant to RSA 82:32, by July 1, by providing:

(a) The business’s name;

(b) The federal employer identification number;

(1) In New Hampshire; and

(2) Everywhere;

(d) The total miles of track:

(1) In New Hampshire; and

(2) Everywhere;

(e) The total shares of stock company wide;

(f) The total shares of stock owned in New Hampshire;

(h) An itemization by New Hampshire municipalities of:

(1) Total original cost of railroad company;

(2) Total miles of track; and

(3) Percentage of stock owned by individual;

(i) The director’s signature and date;

(j) The telephone and facsimile numbers;

(k) The e-mail address, if applicable; and

(l) A sworn oath stating:

“ I swear under the penalties of perjury that the information provided is to the best of my knowledge correct.”

Source. #8652, eff 6-6-06

Rev 1502.08 Form DP-2210/2220, 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 2905.03.

Source. #8652, eff 6-6-06

PART Rev 1503 FILING

Rev 1503.01 Address.

(a) Payments and penalties shall be mailed to:

New Hampshire Department of Revenue Administration

Document Processing Division

PO Box 637

Concord, NH 03302-0637.

(b) Informative material such as annual reports, Form PA-21, Form PA-22 and Form PA-23 shall be mailed to:

New Hampshire Department of Revenue Administration

Property Appraisal Division – Rail Road

PO Box 457

Concord, NH 03302-0457

Source. #8652, eff 6-6-06

PART Rev 1504 APPEALS OF VALUATION

Rev 1504.01 Appeals. Companies aggrieved of the valuation determination may appeal the decision pursuant to RSA 21-J:28-b and Rev 200.

Source. #8652, eff 6-6-06

APPENDIX

Rule	Statute

Rev 1501	RSA 21-J:13

Rev 1502.01	RSA 21-J:13, RSA 82:10, RSA 82:14
Rev 1502.02	RSA 21 J:13, RSA 82:10, RSA 82:11, RSA 82:14
Rev 1502.02	RSA 21-J:13, RSA 82:10, RSA 82:11, RSA 82:14
Rev 1502.03	RSA 21-J:13, RSA 82:20, III
Rev 1502.04	RSA 21-J:13, RSA 82:20, III
Rev 1502.05	RSA 21-J:13
Rev 1502.06	RSA 21-J:13
Rev 1502.07	RSA 21-J:13, RSA 82:32
Rev 1502.08	RSA 21-J:13

Rev 1503	RSA 21-J:13

Rev 1504	RSA 82:16-a, RSA 21-J:28-b