Rev 800

CHAPTER Rev 800 TRANSFER OF REAL PROPERTY

Statutory authority RSA 78-B:8:1

PART Rev 801 DEFINITIONS

Rev 801.01 "Assumed by the transferee" means the contractual undertaking by the transferee of real estate of the primary obligation of the transferor with respect to any mortgage, lien, or encumbrance or of any other obligation, even if the mortgage, lien encumbrance or other obligation is not related to the property transferred, if the assumption is part of the consideration for the real estate transferred.

Source. #1169, eff 5-23-78; ss by #2154, eff 10-11-82; ss by #2822, eff 8-17-84; amd #3102, eff 8-20-85; ss and moved by #4705, Interim, eff 11-21-89, Exp. 3-21-90; ss by #4916, eff 8-21-90; ss by #5300, eff 12-26-91; ss by #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 801.02 "Beneficial interest in the trust is not represented by transferrable shares" means, for the purposes of Rev 802.02, an interest in an organization:

(a) Where property is placed in the hands of a trustee who:

(1) Acts apart from the beneficiaries; and

(2) Manages and deals with the property as principal for the use and benefit of the beneficiaries;

(b) Where the shares, equity interests and all ownership rights are not transferable without obtaining prior member approval or causing a dissolution of the organization; and

(1) Corporation;

(2) Joint stock company;

(3) Business trust;

(4) Common law trust;

(5) Massachusetts trust;

(6) Real estate investment trust; or

(7) Homeowners or condominium association.

Source. #5300, eff 12-26-91; ss by #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 801.03 "Deed" means any instrument by which the real estate or interest in real estate is sold, granted, assigned or transferred, as described in RSA 78-B:4.

Source. #5300, eff 12-26-91; ss and moved by #6691, eff
2-21-98 (from Rev 801.02), EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 801.04 "Fair market value" means the price property would command in an arms length transaction if sold by a transferor who is willing, but not compelled, to sell and purchased by a transferee who is willing, but not compelled, to purchase.

Source. #5300, eff 12-26-91; ss by #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 801.05 "Goodwill" means the amount, net of any amortization, recorded on the books of the real estate holding company that represents:

(a) The excess of cost over fair value of the company's net assets acquired; or

(b) The value ascribed to the excess earning power of the company, determined according to generally accepted accounting principles.

Source. #5300, eff 12-26-91; ss and moved by #6691, eff
2-21-98 (from Rev 801.03), EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 801.06 "Massachusetts Trust" means an unincorporated association organized under Massachusetts law that:

(a) Invests in real estate in a manner similar to a mutual fund investing in securities; and

(b) Conveys property to trustees to be managed for the benefit of the trust certificate holders.

Source. #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 801.07 "Real estate holding company" means any enterprise organized as a legal entity separate from its owner which:

(a) Qualifies as a business organization subject to the business profits tax under RSA 77-A;

(b) Owns New Hampshire real estate or an interest in New Hampshire real estate;

(d) Meets one of the following:

(1) Derives the majority of its yearly revenues from the sale or lease of real estate wherever located; or

(2) Holds real estate or an interest in real estate wherever located, the fair market value of which exceeds one half of the total fair market value, less any value ascribed to goodwill, of all the assets, real or personal, tangible or intangible, of the entity.

Source. #6691, eff 2-21-98 (from Rev 801.04), EXPIRED:
2-21-06

New. #8579, eff 3-8-06

Rev 801.08 "State of New Hampshire" means the state as an entity, all of the various agencies of the state, all of the various political subdivisions of the state including the various districts such as village, school or water districts.

Source. #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 801.09 "Transferable interests" means the equity interest and all ownership rights in the entity that can be sold, exchanged, assigned or transferred in any manner by the owner to another person.

Source. #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

PART Rev 802 PROPERTY TRANSFERS SUBJECT TO TAX

Rev 802.01 Taxable Transfers. The following transfers shall be subject to the real estate transfer tax:

(a) All transfers of real estate or interests in real estate unless specifically exempted under RSA 78-B:2;

(b) A sale, granting, or transfer of standing timber, occurring apart from the sale, granting, or transfer of the land on which it stands, except timber sold for harvesting on behalf of the owner of the right to harvest the timber;

(d) A transfer of real estate or any interest therein through a foreclosure or by a deed in lieu of foreclosure even in instances where the transferee and the transferor are the same person or entity;

(e) A sale, granting or transfer of real estate or an interest in real estate by a trustee in bankruptcy;

(f) The lease of real estate based on the fair market value of the leased property when the term of the lease is:

(1) For a period of 99 years or more; or

(2) For a period of less than 99 years and renewal rights could extend the total period of time to 99 years or more;

(g) Property transferred through a deed issued as a result of a sheriff's sale;

(h) The transfer of an exclusive interest in or right to take soil, gravel, minerals and the like from another’s real estate; and

(i) The transfer of each parcel of real estate transferred as part of an exchange or swap of real estate or an interest in real estate, whether or not the exchange or swap qualifies for a federal income tax deferral.

Source. #ll69, eff 5-23-78; ss by #2154, eff 10-11-82; ss by #2822, eff 8-17-84; ss by #5300, eff 12-26-91; ss by #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 802.02 Revocable Trusts of Real Property.

(a) Transfers to or from a revocable trust shall be classified as a contractual transfer as defined by RSA 78-B:1-a,II.

(b) The measure of tax upon such transfer shall be the actual price or consideration as provided by RSA 78-B:1,I(b).

(c) In determining the amount of the actual price or consideration for the transfer of real estate to or from a revocable trust, the department shall not presume that the price or consideration is the fair market value of the property transferred as authorized by RSA 78-B:9,III, where both of the following criteria apply to the trust and one of the requirements described in Rev 802.02 (d) below is satisfied:

(1) The beneficial interest in the trust is not represented by transferable shares; and

(2) The trust is created and funded for estate planning purposes as a testamentary substitute.

(d) The department shall not presume the price or consideration to be fair market value of the property transferred for transfers under Rev 802.02(c) that are transferred:

(1) Between a trust and grantor of the trust;

(2) From a trust to the beneficiaries of the trust upon the death of the grantor of the trust;

(3) From the trust to a beneficiary who is the natural object of the grantor’s bounty; or

(4) From a trustee to a successor trustee of the same trust.

Source. #1169, eff 5-23-78; ss by #2154, eff 10-11-82; ss by #2452, eff 8-23-83; ss by #2822, eff 8-17-84; ss by #3102, eff 8-20-85; amd by #4704, eff 11-21-89; ss by #4916, eff 8-21-90; ss by #5300, eff 12-26-91; ss and moved by #6691, eff
2-21-98 (formerly Rev 802.10), EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 802.03 Transfers Involving the State of New Hampshire or its Political Subdivisions.

(a) Transfers of real property, whether by sale or grant, from the state of New Hampshire or a political subdivision of the state of New Hampshire shall be taxable to the transferee if such transferee is not exempt from tax:

(1) Under any provision of RSA 78-B; or

(2) As described in this section.

(b) The tax imposed by RSA 78-B shall not apply to either the transferee or the transferor in a transfer, whether sale or grant, to the state of New Hampshire and housing authorities defined by RSA 203:3 and exempted from tax under RSA 203:22.

(c) The housing finance authority, as defined by RSA 204-C:1, shall be exempt from the transfer tax as provided in RSA 204-C:49.

d) If person is a party to a transaction with the housing finance authority, that person shall be liable for payment of the applicable portion of tax under RSA 78-B:4.

Source. #1169, eff 5-23-78; ss by #2154, eff 10-11-82; ss by #2822, eff 8-17-84; ss by #5300, eff 12-26-91; ss and moved by #6691, eff 2-21-98 (formerly Rev 802.12), EXPIRED:
2-21-06

New. #8579, eff 3-8-06

Rev 802.04 Transfers Involving the United States Government.

(a) If person is a party to a transaction with the United States government, that person shall be liable for payment of the applicable portion of the tax under RSA 78-B:4.

(b) The tax imposed by RSA 78-B shall not apply to any agency of the United States government; any instrumentality thereof, or a government corporation which is specifically exempt from state or local taxation under the provisions of federal law including, but not limited to, the:

(1) Department of Veteran's Affairs;

(2) Federal Land Bank;

(3) Farmers Home Administration;

(4) Department of Housing and Urban Development;

(5) Branches of the military;

(6) Federal National Mortgage Association; and

(7) Government National Mortgage Association.

(1) Request evidence from the party that:

a. It is an agency or instrumentality of the United States government; or

b. The party is exempted from state and local taxation under the provision of federal law; or

(2) Advise the director, audit division, of the parties to the transfer and the book and page number of the recording.

Source. #1169, eff 5-23-78; ss by #2154, eff 10-11-82; ss by #2822, eff 8-17-84; ss by #5300, eff 12-26-91; ss and moved by #6691, eff 2-21-98 (formerly Rev 802.13), EXPIRED:
2-21-06

New. #8579, eff 3-8-06

Rev 802.05 Transfers of Interests in Real Estate Holding Companies.

(a) In instances where an interest in a real estate holding company is granted, sold or transferred in any manner by the owner to another person:

(1) Such action, unless specifically exempted under RSA 78-B:2, shall create a taxable transfer of the real estate or the interest in real estate; and

(2) The consideration subject to tax shall be determined in accordance with Rev 805.01.

(b) A contribution of New Hampshire real estate, which is already subject to RSA 78-B:1,I(a), to a real estate holding company shall not be subject to the real estate transfer tax on the transfer of an interest in a real estate holding company.

(c) A distribution of New Hampshire real estate, which is already subject to tax under RSA 78-B:1,I(a), from a real estate holding company to one of its interest holders shall not be subject to the real estate transfer tax on the transfer of an interest in a real estate holding company.

Source. #1169, eff 5-23-78; ss by #2154, eff 10-11-82; ss by #2822, eff 8-17-84; ss by #5300, eff 12-26-91; ss by #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 802.06 Amount of Consideration. The amount of taxable consideration for a transfer, of real estate or an interest in real estate, other than transfers to which Rev 802.02 (c) applies, shall, absent proof to the contrary, be presumed to be the fair market value of the real estate transferred when the transfer is:

(a) Between either an entity and an owner of the entity; or

(b) Between two entities controlled by the same owners.

Source. #8579, eff 3-8-06

PART Rev 803 EXEMPTIONS

Rev 803.01 Modification of Existing Deed. The tax imposed by RSA 78-B shall not apply to the recording of a deed which, without additional consideration, confirms, corrects, modifies or supplements a deed or other instrument previously recorded.

Source. #1169, eff 5-23-78; ss by #2154, eff 10-11-82; ss by #2822, eff 8-17-84; ss by #5300, eff 12-26-91; ss by #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 803.02 Transfers Under a Plan of Reorganization, The tax imposed by RSA 78-B shall not apply to transfers under a plan of reorganization confirmed under 11 USC section 1129.

Source. #1170, eff 5-23-78; #1809, eff 9-9-8l; ss by #2154, eff 10-11-82; ss by #2822, eff 8-17-84; ss by #5300, eff
12-26-91; ss and moved by #6691, eff 2-21-98 (formerly Rev 803.03); rpld by #7717, eff 6-22-02

New. #8579, eff 3-08-06

Rev 803.03 Stating Exemption Claimed on the Deed. Any instrument to be recorded transferring real estate, or an interest in real estate, for which an exemption, pursuant to RSA 78-B, is claimed shall state the basis for exemption.

Source. #8579, eff 3-08-06

PART Rev 804 CONTRACTUAL AND NONCONTRACTUAL TRANSFERS

Rev 804.01 Homestead Rights. Homestead rights under RSA 480 shall not be a factor when determining whether a transfer is contractual or non-contractual.

Source. #1175, eff 5-23-78; ss by #2154, eff 10-11-82; ss by #2822, eff 8-17-84; amd by INTERIM #4705, eff 11-21-89; ss by #5300, eff 12-26-91; ss by #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-08-06

PART Rev 805 CONSIDERATION FOR, AND VALUATION OF, PROPERTY

Rev 805.01 Real Estate Holding Companies. The amount of taxable consideration with respect to a transfer of an interest in a real estate holding company shall be computed as follows:

(a) Where the entire interest in the company is transferred, the consideration shall be the sum of the fair market value of all the New Hampshire real estate or interests therein owned or held by the company; or

(b) Where less than the entire interest in the company is transferred, the consideration shall be determined by multiplying the fractional interest transferred by the sum of the fair market value of all the New Hampshire real estate or interests therein owned or held by the company.

Source. #1177, eff 5-23-78; ss by #2154, 10-11-82; ss by #2822, eff 8-17-84; amd by INTERIM #4705, eff 11-21-89; ss by #5300, eff 12-26-91; ss by #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 805.02 Determination of Fair Market Value for Purposes of Real Estate Holding Company Status.

(a) For purposes of determining whether an entity meets the value requirements contained in Rev 801.07 (d)(2), the entity's asset values shall be determined by calculating the average month-end assets for the 12 months preceding the date of the transfer of the real estate holding company interest.

(b) If the entity was not in business for 12 months prior to the transfer, the entity's asset values shall be determined by calculating the average month-end assets for the number of months preceding the date of the real estate transfer.

(c) Where an independent appraisal of the entity's assets have been made for purposes of the transfer of an interest, such appraisal values shall be used to determine whether the requirements of Rev 801.07 (d)(2) have been met.

Source. #5300, eff 12-26-91; ss by #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 805.03 Appeal of Assessment Based on Fair Market Value.

(a) If the parties to a transfer are aggrieved by the department’s determination of the fair market value, the taxpayer may appeal in accordance with Rev 200.

(b) A party appealing the determination of fair market value shall provide factual evidence to show that the presumption of fair market value was inappropriate because of extenuating circumstances such as, but not limited to, a forced sale of property due to:

(1) A hardship of an owner; or

(2) Damage to the property.

Source. #5300, eff 12-26-91; ss by #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

PART Rev 806 REGISTER OF DEEDS

Rev 806.01 Insufficient Remittance. If the register of deeds is presented an instrument to record and the accompanying remittance is insufficient to pay for the tax and the recording fee, the remittance shall be first applied to the tax.

Source. INTERIM #4705, eff 11-21-89; ss by #5300, eff
12-26-91; ss by #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 806.02 Payment to Department. Each register of deeds shall:

(a) Remit the taxes collected, in accordance with RSA 78-B:8,I; and

(b) File a completed Form DP-4, “Monthly Report of Taxes Collected on Transfer of Real Property”.

Source. #1178, eff 5-23-78; ss by #2154, eff 10-11-82; ss by #2822, eff 8-17-84; ss #3102, eff 8-20-85; amd by INTERIM #4705, eff 11-21-89; ss by #5300, eff 12-26-91; ss by #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 806.03 Notice of Real Estate Transfer Tax Refunded.

(a) Upon receipt of Form DP-3R, “Notice of Real Estate Transfer Tax Refunded” from the department, the register shall record Form DP-3R, “Notice of Real Estate Transfer Tax Refunded.”

(b) No recording fee, or other fee, shall be charged by the register to either the department or to any party to the transfer with respect to the recording of the refund.

Source. #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 806.04 Notice of Additional Tax Collected by Department.

(a) Upon receipt of Form DP-3, “Notice of Additional Real Estate Transfer Tax Collected”, from the department the register shall record Form DP-3, “Notice of Additional Real Estate Transfer Tax Collected”.

(b) No recording fee, or other fee, shall be charged by the register to either the department or to any party to the transfer with respect to the recording of the additional tax collected.

(c) The register shall include the total amount of the additional real estate transfer tax stamps affixed during a month, as indicated on Form DP-3-Summary, “Summary Notice of Additional Real Estate Transfer Tax Collected”, issued by the department, on Form DP-4 filed with the department for the month in which the additional tax stamps were issued.

(d) The register shall attach a copy of Form DP-3-Summary, “Summary Notice of Additional Real Estate Transfer Tax Collected” issued by the department to Form DP-4, “Monthly Report of Taxes Collected on Transfers of Real Property”, when filed with the department.

Source. #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

PART Rev 807 DECLARATIONS OF CONSIDERATION, PAYMENTS AND REFUNDS

Rev 807.01 Transfers.

(a) The tax on any transfer, sale, or grant subject to tax shall be due on the earlier of:

(1) The date the instrument effecting such transfer, sale, or grant is recorded; or

(2) The date 30 days after the date of the sale, grant, or transfer.

(b) Any transfer, sale, or grant executed, acknowledged, and delivered and presented for recording at the county registry of deeds on or after the effective date of a change in the tax rate shall be subject to the tax rate in effect at the time the transfer was executed, acknowledged and delivered.

Source. #5300, eff 12-26-91; ss by #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 807.02 Declaration of Consideration For Certain Exempt Transfers. Form CD-57, “Declaration of Consideration”, or Form CD-57HC, “Real Estate Transfer Tax Declaration of Consideration for Real Estate Holding Companies”, as appropriate, shall be required to be filed by the transferee for all noncontractual transfers.

Source. #5300, eff 12-26-91; ss by #6691, eff 2-21-98; ss by #7717, eff 6-22-02, ss by #8579, eff 3-8-06

Rev 807.03 Amended Declarations of Consideration. If an error has been made on an original declaration, the applicable form, either Form CD-57, “Declaration of Consideration”, or Form CD-57HC, “Real Estate Transfer Tax Declaration of Consideration for Real Estate Holding Companies” shall be filed by the transferee or grantee:

(a) Clearly marking "Amended";

(b) Referring to the original deed or other instrument, if applicable, to which the refers;

(c) Clearly indicating at least one name from the originally filed declaration of consideration for each of the following groups:

(1) Grantor, seller, or transferor; and

(2) Grantee, buyer, or transferee;

(d) Clearly indicating the book and page number of the transfer, as originally recorded;

(e) Containing a concise statement as to the reason for the amended declaration of consideration;

(f) The dated and witnessed signatures of each grantor, seller, transferor, grantee, buyer, and transferee, or the respective party’s authorized representative, whose name is indicated in accordance with (c) above; and

(g) Submitting to:

NH Department of Revenue Administration

Document Processing Division

PO Box 2035

Concord, NH 03302-2035.

Source. #5300, eff 12-26-91; ss by #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 807.04 Refunds.

(a) All requests for refund shall be submitted by the taxpayer on an amended Form CD-57, “Declaration of Consideration”, or Form CD-57HC, “Real Estate Transfer Tax Declaration of Consideration for Real Estate Holding Companies”, to:

NH Department of Revenue Administration

Director Documents Processing Division

PO Box 2035

Concord, NH 03302-2035.

(b) All requests for refund shall contain the following:

(1) A copy of the originally filed Form CD-57, “Declaration of Consideration”, or CD-57HC, “Real Estate Transfer Tax Declaration of Consideration for Real Estate Holding Companies”;

(2) A copy of the original instrument by which the transfer was effected showing, if applicable, the real estate transfer tax stamp affixed;

(3) An explanation of the reason for the refund request;

(4) The statutory authority under which the request is made;

(5) The signature of each taxpayer requesting the refund;

(6) A copy of the purchase and sales agreement, if any, with any amendments thereto, for the transfer;

(7) A copy of the closing document, if any, providing complete details of the amounts due to and from the transferee and the transferor of the real estate, and

(8) Any other documentation to prove a refund is owed to the party requesting the refund.

(d) Within 15 business days following the end of the month in which the department makes a refund on a recorded transfer, the department shall send Form DP-3R, “Notice of Real Estate Transfer Tax Refunded,” to the register of the county in which the property transferred was located.

Source. #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 807.05 Payment of Tax on Transfers of Real Estate Holding Company Interests. Reporting and payment of tax on transfers of interests in real estate holding company shall be subject to the following:

(a) All transfers of interests in real estate holding companies shall be reported to the department’s document processing division within 30 days of the transfer using a Form CD-57HC, “Real Estate Transfer Declaration of Consideration for Real Estate Holding Companies”, as provided in Rev 809.05;

(b) Payment on taxable transfers of interests in real estate holding companies, which shall be due within 30 days of the date of the transfer, shall be made payable to the State of New Hampshire;

(c) Declarations filed in accordance with (a), above, with respect to transfers that are exempt pursuant to RSA 78-B:2, shall contain a brief written citation of the reason for the exemption or exception on the document; and

(d) Any interest on the balance of tax due on a transfer of holding company interests determined under the provisions of RSA 21-J:28 shall be calculated from the date 30 days after the date of transfer.

Source. #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

PART Rev 808 ADMINISTRATION

Rev 808.01 Taxpayer Records and Information. Every transferor and transferee shall maintain all appraisals, accounting, financial, or general information relied upon to establish the value of the real estate transferred or any other information required to be shown on any document or attachment required pursuant to RSA 78-B and Rev 802, Rev 805, Rev 806, Rev 807, Rev 809, and Rev 810.

Source. #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 808.02 Pre-Assessment Conference.

(a) The purpose of an informal pre-assessment conference shall be to discuss the audit findings with audit division management personnel in an effort to reach an agreement on the issues of fact, audit results or both.

(b) At the conclusion of an audit, when the facts and circumstances of the audit review indicate to the audit division that an informal pre-assessment conference would benefit both the state and the transferor or transferee, the audit division shall provide an informal pre-assessment conference for the parties, or the authorized representatives.

(1) The date, time and location for the conference; and

(2) The advance information that the transferor, transferee or the authorized representatives shall be requested to provide the audit division.

(d) The information requested by (c), above, shall include:

(1) The name, address and identification number of the transferor and the transferee;

(2) An outline of the areas of agreement and disagreement;

(3) Documentation in support of transferor's and transferee's position such as:

a. Citations of supporting case law;

b. Statutory or regulatory provisions; and

c. Documents or correspondence from unrelated parties;

(4) Responses to any outstanding questions raised by the auditor during the audit; and

(5) The names of the individuals who shall participate in the conference on behalf of the transferor and transferee.

(e) Upon completing the review of material provided during the pre-assessment conference, the audit division shall issue a notice of assessment, a notice of refund, or a no change letter, which shall begin the period for formal appeal to the commissioner under RSA 21-J:28-b and Rev 200.

Source. #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

PART Rev 809 FORMS

Rev 809.01 Form DP-3R, Notice of Real Estate Transfer Tax Refunded.

(a) Form DP-3R, “Notice of Real Estate Transfer Tax Refunded”, shall be completed and filed by a department representative with the county register of deeds by providing:

(1) The name of each grantor, seller, or transferor receiving the refund;

(2) The name of each grantee, buyer, or transferee receiving the refund;

(3) The book and page number of the instrument to which the refund of tax relates;

(4) The original recording date;

(5) The location address of the property;

(6) The name of each county;

(7) The amount of tax originally paid;

(8) The amount of tax refunded; and

(9) The dated signature of the department representative.

Source. #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 809.02 Form DP-3, Notice of Additional Real Estate Transfer Tax Collected. Within 15 business days following the end of the month in which the department collects additional transfer tax on a recorded transfer, the department shall submit Form DP-3, “Notice of Additional Real Estate Transfer Tax Collected”, to the register of the county in which the property transferred was located by providing:

(a) The name of each grantor, seller, or transferor from whom or on whose behalf additional tax was collected;

(b) The name of each grantee, buyer, or transferee from whom or on whose behalf additional tax was collected;

(d) Original recording date;

(e) The location of the property;

(f) The county name(s);

(g) The amount of tax originally paid;

(h) The amount of additional tax collected; and

(i) The dated signature of the department representative.

Source. #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 809.03 Form DP-4, Monthly Report of Taxes Collected on Transfers of Real Property. Form DP-4, “Monthly Report of Taxes Collected on Transfers of Real Property”, shall be completed and filed, on or before the 10th day of the month following the month of collection, by each county register of deeds by providing:

(a) The month and year of collection;

(b) The name and mailing address of the county;

(d) The county’s federal employer identification number;

(f) The county’s telephone number;

(g) The approved tax stamps used for control numbers for the first and last stamps in the month being reported;

(h) The number of unused stamps;

(i) Total value of the tax stamps issued by the county register of deeds;

(j) Any tax collected directly by the department, with a copy of the letter of advice written by the department to the register;

(k) The amount of any credit claim for erroneously issued stamps are affixed on a recorded document;

(l) Completed Form DP-65, “Credit Claim for Real Estate Transfer Tax Stamps or Indicia”;

(m) The 4% commission retained by the register of deeds;

(n) The commission on refunds by the department with a notice of refund;

(o) The payments made electronically for the reporting period;

(p) A certification stating:

“I certify that, to the best of my knowledge and belief, this is a full, true and correct report”; and

(q) The dated signature of the register of deeds or its authorized agent.

Source. #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 809.04 Form CD-57, Real Estate Transfer Tax Declaration of Consideration.

(a) Form CD-57, “Real Estate Transfer Tax Declaration of Consideration”, shall be completed by the transferee of real estate to report to the department the price or consideration paid for the real estate as required by RSA 78-B:10, unless exempted under RSA 78-B:2, by providing:

(1) The name, or corporate name, and address of each transferee and transferor;

(2) The federal employer identification number or social security number, pursuant to RSA 21-J:27-a, Rev 2902.01, Rev 2902.02, and Rev 2903.02 of each transferee and transferor;

(3) The municipality and the county where the real estate is located and;

(4) The book and page number where the real estate is recorded at the registry of deeds;

(5) A brief physical description of the real estate;

(6) The transfer date;

(7) The dollar amount of the price or consideration and the tax due, rounded to the nearest dollar;

(8) An explanation of special circumstances, if any, which caused the price or consideration paid by the purchaser to be more or less than the fair market value of the real estate;

(9) A certification stating:

“Under penalties of perjury, I declare that I have examined this document and to the best of my belief it is true, correct and complete.” and

(10) The dated and witnessed signatures of each transferee, grantee, or buyer and transferor, grantor or seller.

(b) For purposes of administering the tax laws of the state, as assigned by statute and pursuant to the federal social security act, 42 USC 405 (c)(2)(C) (i), taxpayers shall provide their federal identification number or numbers on all tax returns and related documents.

Source. #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 809.05 Form CD-57HC, Real Estate Transfer Tax Declaration of Consideration for Real Estate Holding Companies.

(a) Form CD-57HC, “Real Estate Transfer Tax Declaration of Consideration for Real Estate Holding Companies”, shall be completed and filed by transferee of interests in real estate holding companies by providing:

(1) The name and address of:

a. Each transferee;

b. Each transferor; and

c. The real estate holding company;

(2) The federal employer identification number or social security number, pursuant to RSA 21-J:27-a, Rev 2902.01, Rev 2902.02, and Rev 2903.02 of each transferee, transferor and real estate holding company;

(3) The entity type;

(4) The municipality and the county where the New Hampshire real estate is located;

(5) The book and page number where the real estate is recorded at the registry of deeds;

(6) A brief physical description of each property;

(7) The date the transfer of the interest in the real estate holding company occurred;

(8) The fair market value of all NH real estate;

(9) The percentage of interest transferred;

(10) Tax rate per $100 at date of transfer;

(11) Interest or penalties due, if applicable;

(12) A certification stating:

“Under penalties of perjury, I declare that I have examined this document and to the best of my belief it is true, correct and complete”; and

(13) The dated and witnessed signatures of each transferee, grantee, or buyer and transferor, grantor or seller.

(b) A check for the amount of the tax shall accompany the form.

New Hampshire Department of Revenue Administration

Document Processing Division

PO Box 2035

Concord, NH 03302-2035.

(d) For purposes of administering the tax laws of the state, as assigned by statute and pursuant to the federal social security act, 42 USC 405 (c)(2) (C) (i), taxpayers shall provide their federal identification number or numbers on all tax returns and related documents.

Source. #8579, eff 3-8-06

Rev 809.06 Form DP-65, Credit Claim for Real Estate Transfer Tax Stamps or Indicia.

(a) Form DP-65, “Credit Claim for Real Estate Transfer Tax Stamps or Indicia,” erroneously issued and placed on a recorded document, shall be filed with the department by the county register of deeds for erroneously issued or tax stamps or indicia by providing:

(1) The name of register;

(2) The name of county;

(3) The dollar amount of the credit claimed on Form DP-4;

(4) The date of the erroneously issued stamps or indicia;

(5) The number and denomination of stamps issued;

(6) The name and mailing address of the grantor;

(7) The name and mailing address of the grantee;

(8) The county book and page number where the deed is recorded;

(9) A brief description of the circumstances under which the erroneous issue was made; and

(10) The dated signature of register of deeds or its authorized agent.

(b) The register shall enclose a photocopy of the document upon which the erroneous stamp was affixed.

Source. #8579, eff 3-8-06

Rev 809.07 Form DP-3 Summary. Each county register shall file monthly a Form DP-3, “Summary” with the department containing the following information:

(a) County name;

(b) Month and year;

(d) Grantee name;

(e) Book and page number where recorded;

(f) The original tax amount;

(g) The additional tax amount collected;

(h) The amount of tax after adjusted; and

(i) The amount of additional commission.

Source. #8579, eff 3-8-06

Rev 809.08 Form DP-3R Summary. Each county register shall file monthly a Form DP-3R, “Summary” with the department containing the following information:

(a) County name;

(b) Month and year;

(d) Grantee name

(e) Book and page number where recorded;

(f) The original tax amount;

(g) The additional tax amount collected; and

(h) The amount of tax after adjusted.

Source. #8579, eff 3-8-06

PART Rev 810 PENALTIES AND INTEREST

Rev 810.01 Penalties.

(a) Any declaration of consideration required to be filed with the department under RSA 78-B shall be considered a return and subject to penalty under RSA 21-J:31.

(b) Penalties shall be paid to the department.

Source. #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Rev 810.02 Interest.

(a) A declaration of consideration required to be filed with the department under RSA 78-B shall be considered a return and subject to interest under RSA 21-J:28.

(b) Interest shall be paid to the department.

Source. #8579, eff 3-8-06

APPENDIX

RULE	STATUTE

Rev 801.01 – Rev 801.09	RSA 78-B:8

Rev 802.01	RSA 78-B:2, RSA 78-B:8
Rev 802.02	RSA 78-B:8, RSA78-B:1, I-a II, RSA 78-B:1 I-b, RSA 78-B:9
Rev 802-03 - Rev 802.04	RSA 78-B:8
Rev 802.05	RSA 78-B:8, RSA 78-B:2, RSA 78-B:1I
Rev 802.06	RSA 78-B:8

Rev 803.01-Rev 803.03	RSA 78-B:8

Rev 804.01	RSA 78-B:8

Rev 805.01 -- Rev 805.03	RSA 78-B:8

Rev 806.01 – Rev 806.04	RSA 78-B:8

Rev 807.01	RSA 78-B:8
Rev 807.02 –Rev 807.05	RSA 78-B:8, RSA 78-B:10 III

Rev 808.01 – Rev 808.02	RSA 78-B:8

Rev 809.01 – Rev 809.06	RSA 78-B:8

Rev 810.01	RSA 21-J:3 RSA 21-J:28 RSA 78-B:8
Rev 810.02	RSA 78-B:10