CHAPTER
Rev 1600 COMMUNICATIONS SERVICES TAX
PART
Rev 1601 DEFINITIONS
Rev 1601.01 Agency means any:
(a) Legislative
body;
(b) Department;
(c) Commission;
(d) Board;
(e) Institution;
(f) Bureau; or
(g) Other entity under the authority of the state
or federal government, and not otherwise specifically excluded by law as a
state or federal entity.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1601.02 Channel means a frequency band of sufficient width for two-way
communication services.
Source.
#6336, eff 9-24-96; ss and moved by #8178, eff 9-24-04 (from Rev
1601.03)
Rev 1601.03 Channel termination point means the location
where a customer either inputs or receives the private communications service.
Source.
#6336, eff 9-24-96; ss and moved by #8178, eff 9-24-04 (from Rev
1601.04)
Rev 1601.04 Dial around call means the long distance call which is made from
a payphone where the caller uses a carrier other than the payphones presubscribed long
distance carrier.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1601.05 Default compensation means the per call
amount set by the Federal Communications
Commission to be paid to a pay phone service provider to cover the costs of an
access-code call or a toll-free subscriber call in the absence of a negotiated
agreement between the pay phone service provider and the carrier handling the
call.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1601.06 Disaggregated means a charge which is
separately identified, at a minimum on a semiannual basis, from all other
charges whether or not it is included on the same billing statement.
Source. #4799,
Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss by #6336, eff
9-24-96
Rev 1601.07 Exchange access and exchange service means the basic charge
assessed to any person for the use of minimal communication services in a
defined geographic area.
Source. #4799, Interim, eff 8-22-90, exp. 6-1-90; ss
by #4954, eff 10-16-90; ss by #6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1601.08 Initial cell site means the equipment that is first in radio contact
with a subscriber with respect to a particular cellular communication.
Source.
#6336, eff 9-24-96; ss and moved by #8178, eff 9-24-04 (from Rev
1601.09)
Rev 1601.09 Paid calling service as defined in RSA
82-A:2, XVIII, shall include prepaid phone calls.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1601.10 Personal communications services, or PCS, means a form of
wireless service for the transport or transmission of voice, advanced
messaging, such as portable 2-way messaging, and data.
Source.
#6336, eff 9-24-96; ss and moved by #8178, eff 9-24-04 (from Rev
1601.09)
Rev 1601.11 Political subdivision means any:
(a) County;
(b)
City;
(c)
Town;
(d)
School district;
(e)
Village district;
(f)
School administrative unit;
(g)
Conservation district;
(h)
Refuse disposal district; or
(i) Other body corporate and politic created by
the legislature as a political subdivision.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96; ss and moved by #8178, eff 9-24-04 (from Rev 1601.10)
Rev 1601.12 Prepaid debit cellular
telephone means a cellular
telephone containing airtime and nonairtime service which is rented by a
consumer from a third party.
Source.
#6336, eff 9-24-96; ss and moved by #8178, eff 9-24-04 (from Rev
1601.11)
Rev 1601.13 Prepaid phone card means a telephone
calling card which:
(a) Is issued by a retailer;
(b) Contains various denominations of prepaid
communication services; and
(c) Is marketed to consumers.
Source.
#6336, eff 9-24-96; ss and moved by #8178, eff 9-24-04 (from Rev
1601.12)
Rev 1601.14 Private
line service means the communication service furnished to a customer and
billed on or before December 31, 2004, which entitles the customer to:
(a) Exclusive use of
any communication channel or groups of channels, or
(b) The use of an intercommunication system for the customers
stations.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96; ss and moved by #8178, eff 9-24-04 (from Rev 1601.13)
Rev 1601.15 Reseller means any person who purchases communication
services for use as a component part of the service provided by the reseller to
the ultimate retail consumer who originates or terminates the taxable
communications.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96; ss and moved by #8178, eff 9-24-04 (from Rev 1601.14)
Rev 1601.16
Residential customer means any individual who primarily utilizes communication
services for a non-business purpose either from their place of residence or
from another location.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss by
#6336, eff 9-24-96; ss and moved by #8178, eff 9-24-04 (from Rev 1601.15)
Rev 1601.17 Retailers means:
(a)
All persons, whether natural, corporate or otherwise, who engage in the
business of making sales of communication services at retail by providing:
(1) Telephone;
(2) Telegraph;
(3) Mobile telecommunications services;
(4) Paging services;
(5) Facsimile transmission services;
(6) Party line services; or
(7) Personal communications
service; and
(b)
Hotels, motels, inns, bed and breakfast facilities,
colleges and other businesses who sell telecommunication services to guests,
students or other persons at retail.
Source. #4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss by #6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1601.18 Taxing jurisdiction means any state, the
Source.
#8178, eff 9-24-04
PART
Rev 1602 CALCULATION OF GROSS CHARGE
Rev 1602.01 Charges Directly Related or Necessary to
Communications.
(a) All amounts charged by a retailer for
services used by customers in connection with the origination or reception of
communications shall be included in the amount of the gross charge.
(b) Hotels, motels, inns, bed and breakfast
facilities, colleges or other similar organizations reselling communication
services to their guests or students shall not be required to collect the tax
on such sales provided:
(1) The fee
charged, other than the cost of the communication services from the initial retailer,
shall be one dollar or less for the use of the equipment; and
(2) The cost
of the communication services from the initial retailer shall not be increased
in amount but merely passed on to the consumer by the reseller.
(c) Exchange access and service shall include
amounts paid for services such as, but not limited to:
(1) Call
waiting;
(2) Call
forwarding;
(3) Unlisted
or unpublished service;
(4)
Subscriber line charges for residential customers; and
(5) Local
usage/message units.
(d) Exchange access and service shall not include any charges relating to
services such as, but not limited to:
(1) Long
distance calling;
(2)
Telephone book advertising services;
(3)
Installation charges; and
(4)
Noncommunication product purchases.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1602.02 Disaggregated Charges.
(a) Services provided by a retailer to a customer
shall not be included in gross charges when:
(1) They are
not necessary for, or directly related, to the provision of communication
services;
(2) They are
identified as separate services to the customer; and
(3) The cost
for such services are disaggregated.
(b) Disaggregated services shall include, but not
be limited to the following:
(1)
Directory advertising;
(2)
Consulting services;
(3) Billing
and collection revenue; and
(4) Non-communication
products.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1602.03 Charges for Customer Equipment.
(a) Charges for customer equipment which are
aggregated with a billing for communication services shall be included within
the gross charge.
(b) The charge for the equipment provided or sold
by a retailer and the associated installation charges shall not be included
within the gross charge when:
(1) The
equipment, including installation charges, is separately identified on the
customers invoice; and
(2) The charge
for the use, rental, purchase and installation of the equipment is separately
stated on the customers invoice.
(c) Equipment, referred to in (b), above, shall
include:
(1)
Telephone instruments, accessories and station sets;
(2) Dialers and
modems;
(3) Private
branch exchanges or PBXs;
(4) Inside
wiring;
(5)
Facsimile machines;
(6) Pagers;
and
(7)
Non-electronic items such as, but not limited to:
a.
Documentation manuals; and
b.
Furniture.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1602.04 Charges for Additional Services.
(a) Charges for additional services provided to
customers by a retailer of communication services, and aggregated with the
billing for communication services, shall be included within the gross charge.
(b) Charges for the transmission of data by a
retailer shall be included in gross charges.
(c) Gross charges shall not include the cost of
providing service for:
(1)
Automated data storage;
(2) Data retrieval and processing services;
(3) The use of computer time; or
(4) The use of other equipment.
(d) Additional services subject to tax shall
include charges for:
(1)
Unlisted, or unpublished telephone numbers;
(2) Operator
assistance;
(3)
Directory information;
(4)
Call-waiting;
(5)
Call-forwarding;
(6) Burglar
alarm services;
(7)
Answering services;
(8) Time or weather services;
(9)
Dial-a-prayer services;
(10) Gab
line or party line services; and
(11)
Services providing public announcement or entertainment information.
(e) Premium services such as a 900 number shall
be subject to tax for the entire amount unless the charges on the consumers invoice provide a
separate charge for:
(1) The cost
for the communication service; and
(2) The cost
for the specific service or product purchased.
(f)
Premium services where the charges are separately stated to the consumer
shall be subject to tax on the charge for the communication services.
Source. #4799,
Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss by #6336, eff
9-24-96; ss by #8178, eff 9-24-04
Rev
1602.05 Prepaid Communication
Services.
(a) Communication services provided by retailers through the use of prepaid
phone cards or prepaid debit cellular telephones shall be subject to tax on the
gross charge at the time the consumer initiates an intrastate call, interstate
call or international call that originates within
(b) Retailers shall deduct
(c) Retailers shall include the amount of tax due from the use of the prepaid
phone cards or prepaid debit cellular telephones during a calendar month in
their communication services retailer tax return for the applicable period.
(d) This section shall apply to bills issued on or before December 31, 2004,
provided however in the case of a paid calling service, the carrier shall be
allowed a transition period from January 1, 2005 through June 30, 2005, in
which to change its tax systems to conform with RSA 82-A and this section.
Source.
#6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1602.06 Paid Calling Services.
(a) Communication services provided by retailers
through the use of a paid calling service shall be subject to tax on the gross
charge when the origination point of the telecommunication signal is first
identified in
(b) Retailers shall include the amount of tax due
from paid calling services during a calendar month in their communication
services retailer tax return for the applicable period.
(c) This section shall apply to bills issued on
or after January 1, 2005, provided however, in the case of a paid calling
service, the carrier shall be allowed a transition period from January 1, 2005,
through June 30, 2005, in which to change its tax systems to conform with RSA
82-A and this section.
Source.
#6693, eff 2-24-98; ss by #8178, eff 9-24-04
Rev
1602.07 Coin Operated Telephone
Service.
(a) Retailers shall impose the tax on a customer by one of the following
methods:
(1) Using the statutory rate of 7% of the total charge for the call;
(2) Using the nearest positive multiple of $.05; or
(3) Including the tax in the individual charge to
the customer.
(b) When the retailer selects the nearest positive multiple method in (a)(2)
above:
(1) A zero amount shall not be a positive multiple of $.05; and
(2) The minimum amount of tax for a call shall be $.05.
(c) When the retailer selects to include the tax in the individual charge to the
consumer in (a)(3) above, the retailer shall multiply the gross receipts by a
tax rate of 6.54% to determine the tax portion of the combined amount.
Source. #8178, eff 9-24-04 (from Rev 1602.07)
Rev 1602.08 Dial
Around Calls. All charges by a
retailer for the per-call dial around default compensation amount shall be
included in the gross charge.
Source. #8178,
eff 9-24-04 (from Rev 1602.08)
PART
Rev 1603 RESPONSIBILITY FOR ACCOUNTING
FOR TAXES COLLECTED
Rev 1603.01 Agent Liability.
(a) A retailers
agent shall be liable for tax it retains when it:
(1) Bills customers for long
distance or local services including the tax applicable for such services on
behalf of:
a. A long distance carrier;
b. An inter-exchange carrier;
c. An alternative operator service; or
d. Any other party; and
(2) Remits a part of the tax collections to its principal.
(b) When an agent remits part or all of the tax funds collected to its
principal, the agent shall:
(1) Retain all data relating to the billing,
collection and remittance of tax such as, but not limited to:
a. Customer invoices;
b. Journals;
c. General ledgers; or
d. Other financial records of the agent used in
recording the transactions; and
(2) Provide such data to the department and its
principal upon request by the department.
(c)
The data shall be retained for a period of 3 years from the due date of
the return unless notified by the principal or the department that the
retention of the data is required for a longer period of time.
Source. #4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss by #6336, eff 9-24-96; ss by #8178, eff 9-24-04
PART
Rev 1604
Rev 1604.01 Sourcing Gross Charges for
(a) Gross charges for intrastate and interstate
mobile telecommunication services which are deemed provided by the customers
home service provider as defined in RSA 82-A:2, XVIII, shall be sourced to the
customers place of primary use.
(b) The communications services tax shall be
imposed on gross charges for intrastate and interstate mobile telecommunication
services which have been deemed to be provided by the customers home service
provider and sourced to the customers place of primary use within
(c) Exceptions to (b), above, shall include:
(1) Gross
charges to a customer whose place of primary use is outside of
(2) Gross
charges for paid calling services and air-ground radio telephone service;
(3) Any
mobile telecommunication services which are precluded from inclusion in gross
charges by federal law; and
(4) Any
local tax or 911 surcharge.
Source.
#8178, eff 9-24-04
Rev 1604.02 Use
of Enhanced Zip Code.
(a) Home service providers shall employ the enhanced zip code as defined in RSA 82-A:2, XVII to assign each customer a place of primary use.
(b) If the enhanced zip code overlaps boundaries
of taxing jurisdictions, the home service provider shall designate one specific
jurisdiction within the overlapping boundaries for use in taxing.
(c) A home service provider shall not be liable
for the tax on improperly sourced charges if the provider shall show it
exercised due diligence by:
(1)
Implementing and maintaining internal controls to promptly correct
erroneous assignments of street addresses to taxing jurisdictions; and
(2) Using
all obtainable data pertaining to changes in jurisdictional boundaries that
materially affect the accuracy of the database.
Source.
#8178, eff 9-24-04
Rev 1604.03 Maintenance
of Primary Use Address.
(a) If the department notifies the home service
provider to change the place of primary use on a prospective basis, the home service
provider shall collect communication service taxes in accordance with the new
place of primary use from the date notice is issued.
(b) The home service provider shall provide proof
that it selected the correct taxing jurisdiction for any address that the
department noticed in (a) above.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev
1604.04 Billing.
(a) Any charge on a customers bill for services shall be considered provided by the home service provider.
(b)
The customer shall be responsible for notifying the home service provider
in writing pursuant to the requirements of RSA 82-A:4-b, V of any billing error involving the assignment of place of
primary use or taxing jurisdiction.
(c) A refund or credit shall be issued for the amount of tax erroneously
collected from the customer for a period of 3 years from the date that the
erroneous tax was billed.
Source.
#8178, eff 9-24-04
PART
Rev 1605 EXEMPTIONS
Rev 1605.01 Basic Exemption.
(a) The residential exemption provided under RSA 82-A:5
shall be applied per billing access point.
(b) In instances where the monthly charge for
exchange access and exchange service does not exceed the amount of the
exemption, the residual amount of the exemption shall not be applied against
any non-exchange access and exchange service charges.
(c) The excess amount of the exemption shall not
be:
(1) Carried
forward to another billing period;
(2)
Transferred to another customer;
(3) Transferred
to another telephone access point of the same customer; or
(4) The
basis of any refund request.
(d) The exemption shall not apply to mobile
telecommunications.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96 (from Rev 1606); ss by #8178, eff 9-24-04
Rev 1605.02 Exemptions
for Governmental Agencies or Political Subdivisions.
(a) In accordance with RSA 82-A:2, XII, the
communications service tax shall not be applied to communications services sold
to a federal or state agency or political subdivision of the state.
(b)
Communications services which are not billed directly to the governmental
agency or political subdivision shall be subject to the communications service
tax.
(c) Retailers who provide communications services
to a governmental agency or political subdivision shall:
(1) Not be
held liable for any uncollected taxes from an agency who claimed an exemption
from tax for which it was not qualified; and
(2) Be
responsible for the subsequent collection of the communications services tax
once notified by the department that the agency is not exempt.
(d) Entities improperly exempted from the tax by a
retailer shall be required to pay the past due taxes, interest and applicable
penalties directly to the department.
(e) Entities receiving part or all of their
funding from the state or federal government shall not be exempted from the tax
solely on the basis of their funding Source.
Source.
#6336, eff 9-24-96 (from Rev 1606); ss by #8178, eff 9-24-04
PART Rev 1606 CLAIMS FOR CREDIT OR REFUND
Rev 1606.01 Credits.
(a) Credits shall be issued by the department to
retailers or to taxpayers in cases where:
(1) A tax was improperly charged and remitted to
the department; or
(2) A
taxpayer was assessed and paid a tax on the identical communication services to
another state.
(b) Taxpayers who pay taxes to a retailer for an
improper charge shall request a refund from the retailer.
(c) Retailers shall request a credit from the
department for amounts which have been requested by the taxpayer under the
provisions of (b), only after such amounts have been properly returned to the
taxpayer.
(d) Taxpayers or retailers, upon audit, shall
present the department with:
(1)
Information sufficient to calculate the amount of any credit; and
(2)
Documentation for the credit request.
(e) Documentation sufficient to support the
request of a credit shall include:
(1) The name
and address of the taxpayer;
(2) Amount
of the individual credit;
(3) Reason
for the credit request citing the specific cause of the billing error; and
(4) In the
instance of a retailer, proof that the amounts requested have been repaid or
credited to the taxpayer.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96 (from Rev 1607); ss by #8178, eff 9-24-04
Rev 1606.02 Refunds.
(a) Retailers who are no longer subject to the
requirement to collect and remit the communications services tax shall receive:
(1) A refund; or
(2) Adjustments
for improperly collected or remitted taxes through credits to subsequent
returns.
(b) Taxpayers who improperly paid taxes to the
department shall receive refunds if:
(1) The
taxpayer is required under RSA 82-A:8 to pay the communications tax directly to
the department; or
(2) The
taxpayer paid a tax to another state on the same communication service taxed
under RSA 82-A:4.
(c) Taxpayers shall submit to the department:
(1) Information sufficient to calculate the
amount of any refund; and
(2) Documentation for the refund request.
(d) Documentation sufficient to support the
request of a refund shall include:
(1) The name and address of the taxpayer;
(2) Amount of the individual refund;
(3) Reason for the refund request citing the
specific cause of the overpayment of tax; and
(4) In the
instance of a refund for the payment of taxes to another state, proof such as
but not limited to:
a. A
copy of the tax return filed with the other state;
b. A
canceled check for the amount of the tax paid; or
c. A
receipt from the other state showing that the amounts requested have been paid.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96 (from Rev 1607); ss by #8178, eff 9-24-04
PART Rev 1607 RETURNS, EXTENSIONS AND PAYMENT OF TAX
Rev 1607.01 Filing.
(a) Tax documents and payments shall be
considered timely filed when:
(1) The
cover or envelope in which they are delivered is postmarked by the United
States Postal Service on or before the due date, in accordance with RSA 80:55;
or
(2) They are
hand delivered to the department on or before the due date.
(b) Tax documents and payments bearing a date
indicated by a postmark affixed by a postage meter operated by the business or
someone other than as provided in (a), above, shall not be considered timely
filed, unless received by the department on or before the due date.
(c) Tax returns filed after the original due date
shall be subject to interest as prescribed in RSA 21-J:28 and penalties as
prescribed in RSA 21-J:31 and 21-J:33.
(d) Retailers and taxpayers which fail to receive
tax forms from the department shall not be relieved of their obligation to
prepare and file a timely return or extension request.
(e) All tax forms may be obtained by contacting:
(1) New
Hampshire Department of Revenue Administration
Document Processing
Division
(2) The
forms telephone line at 603-271-2192.
(f) All tax documents and payments containing
monetary values filed with the department may be prepared by rounding off to
the nearest whole dollar.
(g) Any retailer required to file a
telecommunications service tax return, shall complete and file Form DP-135 with
the department pursuant to RSA 82-A:7.
Source.
#6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1607.02 Extension of Time to File Returns.
(a) To request a 31-day extension, as provided
under RSA 82-A:7,VI, a retailer shall submit Form DP-137, extension of time to
file returns, no later than the due date of the original return to the
department at:
New Hampshire Department of Revenue
Administration
(b) The filing of Form DP-137 shall in no way
allow a retailer to extend the payment of such tax.
(c) In instances where taxpayers are required to remit
payments directly to
(d) Retailers or taxpayers shall be granted an
automatic 31-day extension of time to file a return, provided the retailer or
taxpayer has paid 100% of the tax determined to be due by the original due
date.
(e) A retailer or taxpayer which has not paid the
tax determined to be due through an estimated payment shall pay the additional
amount due on or before the original due date with the Form DP-137.
(f) The extension request shall be denied for
non-compliance with (d) and (e), above.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96 (from Rev 1605); ss by #8178, eff 9-24-04
Rev 1607.03 Amended Tax Returns.
(a) Retailers amending an original communications
services retailer tax return shall file a Form DP-135, communications services
retailer tax return, and place an X
in the box next to the word amended on the return.
(b) Amended communications services retailer tax
returns not requesting a refund or credit shall be filed within 3 years of the
filing date for the original return.
(c) Amended communications services retailer tax
returns requesting a refund or credit shall be filed by whichever date is
later:
(1) Within 3
years of the original due date for the tax; or
(2) Within 2
years from the date the tax was paid.
(d) The 2-year period from the date the tax was
actually paid shall not be applicable to an amended return requesting a refund
or credit where the payment of tax, interest or penalty that was paid was a
result of an assessment or a demand for payment.
Source.
#6336, eff 9-24-96 (from Rev 1605); ss by #8178, eff 9-24-04
Rev 1607.04 Payment of the Tax. When the taxpayer is billed by a retailer who
has a place of business in
Source.
#6336, eff 9-24-96 (from Rev 1605); ss by #8178, eff 9-24-04
Rev 1607.05 Estimated
Payments.
(a) Estimated payments shall be filed with the
department, using Form DP 135-ES.
(b)
The penalties of RSA 21-J:32 for underpayment of estimates shall apply to RSA
82-A.
Source.
#6336, eff 9-24-96 (from Rev 1611); ss by #8178, eff 9-24-04
PART Rev 1608 RESALE NUMBERS AND CERTIFICATES
Rev 1608.01 Application
for Resale Number.
(a) All resellers of communication services shall
apply to the department of revenue administration for a resale number on Form
DP-143.
(b) Customers whose purchases of communication
services are 100 percent for resale shall present their resale number to the
provider of communication services for allowance of a tax exemption.
(c) Customers whose purchases of communication
services are less than 100 percent for resale shall:
(1) Pay the
communication tax to the provider of communication services; and
(2) Be
allowed a credit on their retailers tax return on a pro rata basis for the
amount of tax paid for the communication services resold as a percentage of
services purchased.
(d) The applicant shall receive:
(1) A
certificate of resale containing an effective date; or
(2) A
rejection letter stating the reason for rejection such as:
a.
Lack of details relative to the retailers exempt status;
b.
Lack of detail relative to the percentage of line usage; or
c.
Other instances of lack of detail sufficient for the commissioner to
make a decision.
(e) Resellers of communication services who do
not obtain a certificate of resale or who fail to present a certificate of
resale upon request by a seller of communication services, shall be subject to
the communications service tax.
Source. #4799,
Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss by #6336, eff
9-24-96 (from Rev 1610); ss by #8178, eff 9-24-04
PART
Rev 1609 ADMINISTRATION
Rev 1609.01 Records and Information.
(a) Each retailer and each customer who remits a
tax to the department shall maintain:
(1)
Accounting, financial, and general information necessary to establish
the amount of gross charge;
(2) Any
other information required to be shown on any return, schedule or attachment
required under RSA 82-A; and
(3) Any
rules of the department.
(b) The records and information shall be retained
for a period of 3 years from the due date of the return unless notified by the
department that the retention of the data is required for a longer period of
time as a result of:
(1) An
extension of the statute of limitations on the assessment of taxes;
(2) The
commencement of an adjudicative proceeding involving the parties; or
(3) The
completion of any litigation in which the data may be relevant.
(c) Each retailer or customer who remits a tax to
the department shall, upon request of the department, provide the commissioner
or his representative with the following information, records or access to
company personnel for interviews during the regular business day:
(1) An
accurate listing of all the communication services sold by the retailer or
purchased by the customer for which a tax is due;
(2) Information to
substantiate the amount of basic charge included in the customers bill with the amount
of exemption applied to the bill; and
(3)
Information pursuant to RSA 82-A:9, to substantiate:
a.
Any tax-exempt sales or sales for resale of communication services; and
b.
The applicable resale number, as obtained from the department.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1609.02 Confidentiality
of Department Records.
(a) All communication services tax returns and information shall be confidential
and disclosed only in conformity with the provisions of RSA 21-J:14.
(b) A retailer or
customer may authorize the department to disclose their tax information to
their authorized representatives.
(c) The department shall only make such disclosure if:
(1) A properly executed power of attorney form is
on file with the department; or
(2) The retailer or customer authorizes the
specific disclosure in a letter to the department.
(d) A power of attorney may be provided using either the departments
Form DP 2848 NH or a letter addressed to the department of
revenue administration which shall contain the following:
(1) Name, mailing address, and federal
identification number of the retailer or customer who is granting the power of
attorney;
(2) Name, mailing address and telephone number of
the person to whom the power of attorney is granted;
(3) The specific purpose for which the power of
attorney is granted and the extent of the authority granted;
(4) The period of time for which the authority is
to be in effect; and
(5) The dated signature of the retailer,
customer, or other authorized agent, granting the power of attorney.
(e) The signature
required in (c) (5), above, shall be in the presence of 2 disinterested
witnesses unless granted to:
(1) An attorney;
(2) A certified public accountant; or
(3) The preparer of the return.
(f) The completed power of attorney shall:
(1) Be mailed to:
New
Hampshire Department of Revenue Administration
Audit
Division
(2) Delivered in person at Governor Hugh J.
Gallen Office Park South,
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96; ss by #8178, eff9-24-04
Rev 1609.03 Pre-Assessment Conferences.
(a) The purpose of an informal pre-assessment
conference shall be to discuss audits findings with audit division management
personnel in an effort to reach an agreement on the issues of fact, audit
results, or both.
(b)
The audit division shall provide an informal pre-assessment conference for the retailer,
customer, or their representative at the conclusion of an audit when the facts
and circumstances of the audit review indicate to the department that an
informal pre-assessment conference would benefit both the state and the
retailer or the customer.
(c) The department shall notify the retailer,
customer or their authorized representative by mail when a pre-assessment
conference is scheduled.
(d) Upon receipt of the notification in (c)
above, the retailer, customer or authorized representative electing to
participate in such conference shall advise the department within 20 business
days from the date of the notification letter.
(e) The notification letter in (d), above, shall
contain the following information:
(1) Name and
address of the retailer or customer;
(2) Federal
identification number of the retailer or customer;
(3) An
outline of the areas of agreement and disagreement;
(4)
Documentation in support of the retailer or customers position;
(5)
Responses to any outstanding questions raised by the auditor during the
audit; and
(6) The
names of the individuals who shall participate in the conference on behalf of
the retailer or customer.
(f) Upon completing the review of material
provided during the pre-assessment conference, the audit division shall issue:
(1) A tax
notice;
(2) A notice
of refund; or
(3) A no change letter.
(g) Each and any action taken in (f) above shall
begin the period for formal appeal pursuant to
RSA
21-J:28-b and Rev 200.
Source.
#4799, Interim, eff 8-22-90, exp. 6-1-90; ss by #4954, eff 10-16-90; ss
by #6336, eff 9-24-96; ss by #8178, eff 9-24-04
PART
Rev 1610 APPLICATION OF PENALTIES
Rev 1610.01 Substantial
Understatement of Tax.
(a) The department shall assess the penalty for
understatement of tax provided by RSA 21-J:33-a on returns where the
understatement exceeds the greater of 10% of the correct tax liability or
$5,000 unless the retailer or customer meets one of the following exceptions:
(1) The
retailer or customer adequately disclosed the relevant facts regarding the tax
treatment of the item generating the understatement; or
(2) The
retailer or customer had substantial authority for its tax treatment of such item.
(b) A retailer or customer shall have adequately
disclosed the tax treatment of an item on the return or in a statement attached
to the front of the return if all of the following criteria are met:
(1) The
statement contains a prominent caption identifying the statement as a
disclosure of the tax treatment for the substantial underpayment penalty;
(2) The item
for which the disclosure is made is clearly identified;
(3) The
dollar amount of the item is disclosed; and
(4) The statement
contains those facts affecting the tax treatment of the item that reasonably
will apprise the department of the nature of the potential controversy or a
concise description of the legal issues presented by the facts in question.
(c) In determining whether a retailer or customer
has substantial authority, the department shall consider the following as being
authoritative sources:
(1)
Communications services tax law and any other
(2) Rules
issued by the department;
(3)
Declaratory rulings requested by and issued to the retailer or customer;
(4)
Technical information releases issued by the department;
(5) Superior
court and board of tax and land appeals decisions;
(7)
(8)
Legislative committee reports specifying legislative intent; and
(9) Written advice
from the department issued to the retailer or customer about the tax treatment
of the item in question.
(d) A retailer or customer shall have substantial
authority for the tax treatment of an item only if the weight of the
authorities supporting the treatment of the item by the retailer or taxpayer is
substantial in relation to the weight of the authorities supporting the
position of the department.
(e) The following shall not be considered
authoritative sources:
(1) Opinions
reached by tax professionals;
(2) Tax
publication opinions or narrative statements; and
(3) Articles
contained in any professional or tax periodicals.
(f) The existence of substantial authority for a
particular item shall be determined as of the date the return containing the
item was filed or as of the last day of the period to which the return relates.
(g) The penalty shall be applied to the net
understatement determined by reducing the understatement as defined in RSA
21-J:33-a, III by the portion of the understatement for which the retailer or
customer had substantial authority or had adequately disclosed the position
taken on the return.
Source.
#6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1610.02 Understatement
of Taxpayers Liability by Tax
Preparer.
(a) For purposes of RSA 21-J:33-b,I, substantial portion means any instance
where the efforts of the tax preparer have affected more than 25% of the
retailers or customers tax liability.
(b) An individual or company providing more than
typing, reproducing or other mechanical assistance shall be deemed to be a tax
preparer when the individual or company uses computer software which makes
determinations about the applicability of tax laws or the characterization of
income and the allowability of deductions or credits.
(c) The penalty provided in RSA 21-J:33-b,III
shall be assessed when any part of an understatement of tax is the result of a
tax preparers willful neglect or
intentional disregard of the statute or departmental rules unless the retailer
or customer shall have adequately disclosed the tax treatment of an item on the
return or in a statement attached to the front of the return.
(d) The penalty provided in RSA 21-J:33-b, IV
shall be applied when:
(1) Any part
of an understatement of tax is the result of a preparers willful attempt to
understate the retailers or customers tax liability or;
(2) A tax preparer
shall have willfully attempted to understate a tax liability of a retailer or
customer in the following instances:
a.
The preparer disregards or misstates information furnished by the
retailer, customer or other person in an attempt to wrongfully reduce the tax
liability; or
b.
The preparer does not make inquiries of the retailer, customer or other
person when the information provided is incorrect or incomplete, and the
preparer knows or should have known that the information was incorrect or
incomplete.
(e) If, in an adjudicative proceeding or a
judicial decision, it is established that there was no understatement of
liability and if previously paid by the preparer, the penalty imposed shall be
abated and refunded without any consideration of any period of limitation for
the issuance of a refund.
Source.
#6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1610.03 Aiding
and Abetting an Understatement of Tax Liability.
(a) An individual or company providing more than
typing, reproducing or other mechanical assistance shall be deemed to be a tax
preparer when the individual or company uses computer software which makes
determinations about the applicability of tax laws or the characterization of
income and the allowability of deductions or credits.
(b) The
penalty provided in RSA 21-J:33-c shall be assessed against any person
who aids, assists in, procures or advises in the preparation of any return or
other document in connection with the communications services tax law or
departmental rules if the person knows:
(1) The information provided will be used in the
preparation of any material document; and
(2) If used, the information will result in an understatement
of tax liability.
(c) The penalty shall not be assessed in
instances where the retailer or customer adequately disclosed the relevant
facts regarding the tax treatment of the item.
(d) If, in an adjudicative proceeding or a
judicial decision, it is established that there was no understatement of
liability and if previously paid by the preparer, then the penalty imposed by
RSA 21-J:33-c shall be abated and refunded without any consideration of any
period of limitation for the issuance of a refund.
(e) The refund of the penalty, as provided in
(d), above, shall be made without consideration of any period of limitation for
the issuance of a refund.
Source.
#6336, eff 9-24-96; ss by #8178, eff 9-24-04
PART
Rev 1611 FORMS
Rev 1611.01 Availability of Forms. Forms may be obtained by:
(a) Writing to:
New Hampshire Department
of Revenue Administration
Document Processing
Division
(b) Calling the forms line at 603-271-2192.
Source.
#6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1611.02 Mailing Address. All forms, unless specified otherwise, shall
be mailed to:
New Hampshire Department of Revenue
Administration
Source.
#6336, eff 9-24-96; ss by #8178, eff 9-24-04
Rev 1611.03 Form
DP-135, Communication Services Retailer Tax Return.
(a) Form DP-135, communications services retailer
tax return, shall be completed and filed with payment by retailers to report
their monthly tax by providing:
(1) Tax
period;
(2) Name and
address of retailer;
(3) Federal
identification number;
(4)
Communications tax registration number;
(5) An
indication whether the return is:
a.
An original return;
b.
Amended return; or
c.
Final return;
(6) Month
and year the business was sold or discontinued, if applicable;
(7) Total
amount of gross charges billed during the month;
(8)
Deductions;
(9) Tax on
cash receipts from coin operated telephones;
(10)
Payments and credits;
(11)
Additions to tax;
(12) A
statement declaring
I declare that I have examined this
return and to the best of my belief it is true, correct and complete. If prepared by a person other than the
retailer, this declaration is based on all information of which the prepare has
knowledge.; and
(13) Dated
signature in ink of retailer and title; and
(14)
Preparers:
a.
Signature in ink;
b.
Federal identification or preparers tax identification number; and
c.
Address.
(b) If the return is an amended return, it shall
include an explanation of the adjustments made to the original return.
Source.
#6336, eff 9-24-96; ss and moved by #8178, eff 9-24-04 (from Rev
1611.04)
Rev 1611.04 Form
DP-136, Communications Services Taxpayer
Tax Return.
(a) Form DP-136,
communications services taxpayer tax return, shall be completed and
filed by customers required to remit
their payments directly to the state to report their monthly tax as required by
RSA 82-A:8 by providing:
(1) Tax
period;
(2) Name and
address of customer;
(3) Federal
identification number;
(4) An
indication whether the return is:
a.
An original return;
b.
Amended return; or
c.
Final return; and
d. Month
and year the business was sold or discontinued, if applicable;
(5) Total
amount of gross charges billed during the month;
(6)
Deductions;
(7) Tax on
cash receipts from coin operated telephones;
(8) Payments
and credits;
(9) Additions
to tax;
(10) A
statement declaring:
I declare that I have examined this return and
to the best of my belief it is true, correct and complete. If prepared by a person other than the
taxpayer, this declaration is based on all information of which the prepare has
knowledge.; and
(11) Dated
signature of customer; and
(12)
Preparers:
a.
Signature;
b.
Federal identification or preparers tax identification number; and
c.
Address.
(b) If the return is an amended return, it shall
include an explanation of the adjustments made to the original return.
Source.
#6336, eff 9-24-96 (from Rev 1612); ss and moved by #8178, eff 9-24-04
(from Rev 1611.05)
Rev 1611.05 Form DP-137, Application for 31-day
Extension of Time to File Communications Service Tax Return.
(a) Form DP-137, application for 31-day extension
of time to file for communications service tax return, shall be completed and filed
by retailers or customers to apply for the 31-day extension provided under RSA
82-A:7,VI by providing:
(1) Retailer
or customer name and address;
(2) Federal
identification number;
(3)
Communications tax registration number;
(4) Tax period;
(5) Entity
type;
(6) Total
communications service tax due;
(7) Credits
and payments;
(8) A
statement declaring:
I declare that I have examined this return and
to the best of my belief it is true, correct and complete. If prepared by a person other than the
retailer or customer, this declaration is based on all information of which the
prepare has knowledge.;
(9) Dated
signature in ink of retailer or customer; and
(10) At the
option of the signatory above, the signatorys telephone number.
(d) The 31-day extension shall be granted if the
DP-137:
(1) Is
timely filed;
(2) Has the
completed tax payment schedule attached;
(3) Is
signed by the retailer or customer; and
(4) Is
accompanied by payment of any tax due.
(e) A granted extension of time shall extend the
due date of the return, but shall not extend the due date of any tax owed.
(f) The department
shall notify the retailer or customer only if the request for extension is
denied.
Source.
#6336, eff 9-24-96 (from Rev 1612); ss and moved by #8178, eff 9-24-04
(from Rev 1611.06)
Rev 1611.06 Form
DP-139, Communications Services Tax
Application for Registration Number.
(a) Form DP-139, communications services tax
application for registration number, shall be completed and filed by retailers
and customers to apply for a communications tax registration number by
providing:
(1) Name,
business name and address;
(2) Federal identification
number;
(3) North
American industry classification system code;
(4) Entity
type;
(5) An
indication whether the organization files as a limited liability company;
(6)
(7) Date
started doing business in
(8) Date and
state of incorporation for a retailer or customer which is a corporation;
(9) An
indication whether the retailer:
a.
Collects tax for another retailer, and, in which case, a list of the
other retailers by name, and address;
b.
Will retail services from a location in
c.
Needs a permit, per RSA 82-A:2 X, to retail communication services; and
d. Retails communications services to another
business for resale;
(10) A
statement declaring:
I declare that I have examined this application
and to the best of my knowledge it is true, correct, and complete.; and
(11) Dated signature
in ink, title, and address of:
a. Retailer;
b. Customer; or
c. Preparer.
Source.
#6336, eff 9-24-96 (from Rev 1612); ss and moved by #8178, eff 9-24-04
(from Rev 1611.07)
Rev
1611.07 Form DP-135 ES, Estimated
Communications Services Tax. Form
DP-135-ES, estimated communications services tax, shall be completed and filed
with payment by retailers to make estimated payments by providing:
(a) Month and year for which the estimated
payment is made;
(b) Name and address of retailer;
(c) Federal identification number;
(d) Communications tax registration number;
(e) Total estimated tax for the month;
(f) The amount of any credits taken; and
(g) The amount of payment enclosed.
Source.
#6336, eff 9-24-96 (from Rev 1612); ss and moved by #8178, eff 9-24-04
(from Rev 1611.08)
Rev
1611.08 Form DP-143, Communications
Services Tax Application for Resale.
Form DP-143, communications services tax application for resale, shall
be completed and filed by retailers to apply for resale certification by
providing:
(a) Name and address of retailer;
(b) Federal identification number;
(c) Communication tax registration number;
(d) A description of why the purchases of
communications services are exempt from the communication services tax;
(e) The percentage of line usage which the
retailer has resold;
(f) An explanation of how the retailer calculated
the resale percentage; and
(g) Dated signature in ink.
Source.
#6336, eff 9-24-96 (from Rev 1612); ss and moved by #8178, eff 9-24-04
(from Rev 1611.09)
Rev 1611.09 Form DP-144, Communications Services Tax
Registration Change Request. A retailer
changing its address, name or entity shall complete and file Form DP-144,
communications services tax registration change request by providing:
(a) Current business mailing address;
(b) New business mailing address with business or
entity name change, or both;
(c)
A statement stating:
I understand a return must be filed for each
month even though there may be no tax due. ; and
(f) Retailers dated signature in
ink.
Source.
#6336, eff 9-24-96 (from Rev 1612); ss by #8178, eff 9-24-04
Appendix
|
Provision
of the Proposed Rule |
Specific
State Statute which the Rule is Intended to Implement |
|
Rev 1601.01 - 1601.17 |
RSA 82-A:15 |
|
Rev 1602.01 - 1602.05 |
RSA 82-A:15, 82-A:2, V |
|
Rev 1602.06 |
RSA 82-A:4-a |
|
Rev 1602.07 |
RSA 82-A:2, V |
|
Rev 1603.01 |
RSA 82-A:8 |
|
Rev 1604.01 |
RSA 82-A:2, XVIII, 82-A:4-b, I, II |
|
Rev 1604.02 |
RSA 82-A:2, XVIII, 82-A:4-b, I, II |
|
Rev 1604.03 |
RSA 82-A:4-b, IV |
|
Rev 1604.04 |
RSA 82-A:4-b, V |
|
Rev 1605.01 |
RSA 82-A:5 |
|
Rev 1605.02 |
RSA 82-A:2, XII |
|
Rev 1606.01 |
RSA 82-A:2, XII |
|
Rev 1606.02 |
RSA 82-A:8, 82-A:4, 82-A:2, XII |
|
Rev 1607.01 |
RSA 82-A:7, VI |
|
Rev 1607.02 |
RSA 82-A:7, VI, 21-J:29 |
|
Rev 1607.03 |
RSA 21-J:29, 82-A:7, I |
|
Rev 1607.04 |
RSA 82-A:15, 82-A:7, V |
|
Rev 1607.05 |
RSA 82-A:7, V |
|
Rev 1608.01 |
RSA 82-A:9 |
|
Rev 1609.01 - 1609.03 Repealed and Reserved |
RSA 82-A:15 |
|
Rev 1610.01 |
RSA 21-J:33-a |
|
Rev 1610.02 |
RSA 21-J:33-b |
|
Rev 1610.03 |
RSA 21-J:33-c |
|
Rev 1611.01 - 1611.03 |
RSA 82-A:7 |
|
Rev 1611.04 |
RSA 82-A:8 |
|
Rev 1611.05 |
RSA 82-A:7, VI |
|
Rev 1611.06 |
RSA 82-A:15 |
|
Rev 1611.07 |
RSA 82-A:7 |
|
Rev 1611.08 |
RSA 82-A:9 |
|
Rev 1611.09 |
RSA 82-A:15 |