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; ss by #10665, eff 9-9-14
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
(c)
Which is not a:
(1)
Corporation;
(2)
Joint stock company;
(3)
Business trust;
(4)
Common law trust;
(5)
(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; ss by #10665, eff 9-9-14
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; ss by #10665, eff 9-9-14
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; ss by #10665, eff 9-9-14
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; ss by #10665, eff 9-9-14
Rev 801.06 “Lease” means “lease” as defined in RSA
78-B:1-a, II-a.
Source. #11005, eff 12-23-15
Rev 801.07 “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; ss by #10665, eff 9-9-14;
renumbered by #11005 (formerly Rev 801.06)
Rev 801.08
“Price or consideration” means “price or consideration” as defined in
RSA 78-B:1-a, IV.
Source. #6691, eff 2-21-98 (from Rev 801.04),
EXPIRED:2-21-06
New. #8579, eff 3-8-06; ss by #10665, eff 9-9-14;
renumbered by #11005 (formerly Rev 801.07)
Rev 801.09
“Real estate holding company” means “real estate holding company” as
defined in RSA 78-B:1-a, VI.
Source.
#6691, eff 2-21-98, EXPIRED: 2-21-06
New. #8579, eff 3-8-06; ss by #10665, eff 9-9-14
(from Rev 801.07; renumbered by #11005 (formerly Rev 801.08)
Rev 801.10 “
Source.
#6691, eff 2-21-98, EXPIRED: 2-21-06
New. #8579, eff 3-8-06; ss by #10665, eff 9-9-14;
renumbered by #11005 (formerly Rev 801.09)
Rev 801.11
“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. #10665, eff 9-9-14 (from Rev 801.08); renumbered by
#11005 (formerly Rev 801.10)
Rev
801.12 “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. #10665, eff 9-9-14 (from Rev 801.09); renumbered by
#11005 (formerly Rev 801.11)
PART
Rev 802 PROPERTY TRANSFERS SUBJECT TO
TAX
Rev
802.01 Taxable Transfers. Each sale, granting and transfer of real
estate shall be subject to the real estate transfer tax, including, but not limited
to:
(a)
All sales, grantings, and 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;
(c) A sale or granting of a right-of-way or an
easement on property as in the following example:
Owner
A owns waterfront property. Owner B’s property abuts Owner A’s property and does
not have water access. Owner A grants Owner B an easement so that Owner B can
cross Owner A’s property for purposes of accessing the water to canoe. Owner B
pays Owner A $10,000 for the easement.
No additional consideration is exchanged. The transfer between Owner A and Owner B
shall be deemed a taxable sale, granting or transfer pursuant to RSA 78-B.
Pursuant to RSA 78-B:1-a, IV, the amount of consideration shall be $10,000.
(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 as in the following example:
Company
owns a building valued at $1 million. Mortgage Lender lent Company $1 million
to purchase building. Company ceases making monthly mortgage payments with
$600,000 remaining due to Mortgage Lender and Mortgage Lender takes title to
the property by deed in lieu of foreclosure. The sale by deed in lieu of foreclosure
shall be deemed a taxable sale, granting or transfer pursuant to RSA 78-B.
Pursuant to RSA 78-B:1-a, IV, the amount of consideration shall be $600,000.
(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
as in the following example:
Leasing Company,
LLC owns apartment building A valued at $250,000, which is located in
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; ss by #10665, eff 9-9-14;
amd by #10882, eff 7-11-15
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.
(e) This section shall apply to transfers to and from
a revocable and irrevocable trust as in the following examples:
(1)
Grantor
transfers vacation home with a fair market value of $1 million into Revocable Trust
for estate planning purposes. The
beneficiaries of the trust are Son and Daughter. Son and Daughter’s beneficial interests in
Revocable Trust are not transferable as defined in Rev 801.02. The transfer of
vacation home into Revocable Trust shall be deemed a contractual transfer
pursuant to Rev 802.02(a). However, the
price or consideration for the transfer shall be $0 pursuant to Rev 802.02(b)
and (c). As a result, Grantor shall be subject to the minimum transfer tax pursuant to RSA 78-B:1, I (b); and
(2) Grantor transfers vacation home with a fair
market value of $1 million into Irrevocable Trust. No consideration is exchanged. The beneficiaries of the trust are Son and
Daughter. The transfer of vacation home
into Irrevocable Trust shall be a non-contractual transfer pursuant to RSA
78-B:1-a, III and shall not be subject to the transfer tax in accordance with
RSA 78-B:1-a, III.
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; ss by #10665, eff 9-9-14;
amd by #10882, eff 7-11-15
Rev 802.03 Transfers
Involving the State of
(a) Transfers
of real property, whether by sale or grant, from the state of
(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.
(e) This
section shall apply to transfers involving the State of
Town owns 1 acre
of beachfront property with a fair market value of $1 million. Town sells the beachfront property to Buyer
for $1 million. No additional
consideration is exchanged. Pursuant to RSA 78-B, the transaction shall be
deemed a taxable sale, granting or transfer.
Pursuant to RSA 78-B:1-a, IV, the amount of consideration shall be $1
million. Town shall be exempt from
payment of the tax pursuant to RSA 78-B:2, II. Buyer shall be subject to for
his or her portion of the tax.
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; ss by #10665, eff 9-9-14;
amd by #10882, eff 7-11-15
Rev
802.04 Transfers Involving the
(a) If a
person or entity is a party to a transaction with the United States government,
that person or entity shall be liable for payment of the applicable portion of
the tax under RSA 78-B:4; as in the following example:
Owner owns 500
acres of unimproved real estate in the
(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; and
(6) Government National Mortgage Association.
(c) In instances where the exempt status of a
party to the transfer is uncertain, the county register of deeds shall:
(1) Request evidence from the party that:
a. It is an agency or instrumentality of the
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; ss by #10665, eff 9-9-14;
amd by #10882, eff 7-11-15
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 or entity:
(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; as in the following example:
Member A and Member B each own 50% of Real
Estate Holding Company, LLC. Real Estate
Holding Company, LLC owns
(b) A contribution of New Hampshire real estate,
which is already subject to tax under 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.
(d) A sale, granting, or transfer of an interest
in an entity that holds, either directly or indirectly, an interest in a real
estate holding company, shall be considered to be a sale, granting or transfer
of an interest in the real estate holding company to the extent of the
ownership interest of the entity in the real estate holding company. However, such a sale, granting, or transfer
shall be exempt from tax under RSA 78-B if the transfer of the interest has a
de minimis impact on the overall ownership interest of the real estate holding
company based on the number of owners and the interests held by each; as
in the following example:
Trust ABC invests in a hedge fund, which owns
a small number of shares of Apartment REIT.
Apartment REIT is a publicly-traded real estate holding company with
thousands of shareholders. Apartment REIT owns real estate within and without
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; ss by #10665, eff 9-9-14;
amd by #10882, eff 7-11-15; amd by #11022, eff 1-21-16
Rev 802.06
Amount of Consideration.
The amount of taxable consideration for a taxable transfer of real estate
or an interest in real estate, other than a transfer 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; ss by #10665, eff 9-9-14;
ss by #12495, eff 3-21-18
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; ss by #10665, eff 9-9-14
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; ss by #10665, eff 9-9-14
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 the exemption.
Source. #8579, eff 3-08-06; ss by #10665,
eff 9-9-14
Rev
803.04 Single Entity Reorganizations. The tax imposed by RSA 78-B shall not apply
to single-entity reorganizations pursuant to Internal Revenue Code § 368(a)(1)(F)
governing mere changes in identity, form, or place of organization, or
368(a)(1)(E) governing recapitalization.
Source.
#10665, eff 9-9-14
Rev
803.05 Carried Interests. The tax imposed by RSA 78-B shall not apply
to changes in an owner’s carried interests in a real estate holding company or
in an entity owning an interest in a real estate holding company. For purposes
of this section, “carried interests” means a right that enables the owner of a
partnership or limited liability company to share in the entity’s profits; as
in the following example:
Apartment
Building is owned by Partnership, with Partner A, Partner B, and Managing
Partner C as equal partners. Apartment
Building has a fair market value of $900,000. The Partnership agreement provides
that Partner A, Partner B, and Managing Partner C will share equally in profits
and losses, except that Managing Partner C will be entitled to share in 50% of
all profits, once Partner A and Partner B have recovered their initial investments. If Managing
Partner C sells the ownership interest to New Managing Partner D there shall be
a taxable sale, granting or transfer between Managing Partner C and New
Managing Partner D under RSA 78-B. Pursuant to Rev
805.01(b), the amount of consideration for the sale shall be $300,000
regardless of whether Partner A or Partner B has recovered their initial
investments. There shall not be a taxable sale, granting or transfer with respect
to Partner A or Partner B.
Source.
#10665, eff 9-9-14; ss by #10882, eff 7-11-15
Rev 803.06 Conversions. The tax imposed by
RSA 78-B shall not apply to the conversion of a business entity to a different
form of organization pursuant to RSA 78-B:2, XXI.
Source.
#10882, eff 7-11-15; ss by #12495, eff 3-21-18
Rev 803.07 Leases. The tax imposed by RSA 78-B shall not apply
to the transfer of a lease as defined by RSA 78-B:1-a, II-a where the term
of the lease, including all renewals, is less than 99 years.
Source.
#11005, eff 12-23-15
PART Rev 804 CONTRACTUAL AND NONCONTRACTUAL TRANSFERS
Rev 804.01
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; ss by #10665, eff 9-9-14
Rev
804.02 LLC Conversions. - REPEALED
Source. #10665, eff 9-9-14; rpld by #10882, eff
7-11-15
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
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; ss by #10665, eff 9-9-14
Rev 805.02 - Determination of Fair Market Value for Purposes
of Real Estate Holding Company Status.- REPEALED
Source. #5300, eff 12-26-91; ss by #6691, eff 2-21-98,
EXPIRED: 2-21-06
New. #8579, eff 3-8-06; ss by #10665, eff 9-9-14;
rpld by #12495, eff 3-21-18
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; ss by #10665, eff 9-9-14
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; ss by #10665, eff 9-9-14
Rev 806.02 Payment to Department. Each register of deeds shall remit the
taxes collected, in accordance with RSA 78-B:8, I, and file a completed Form DP-4, “Monthly
Report of Taxes & Surcharge Fees Collected on Transfer of Real Property,” by:
(a)
Filing and paying electronically through the Granite Tax Connect web portal
located at www.revenue.nh.gov/gtc; or
(b)
Mail to:
New Hampshire Department of Revenue
Administration
Taxpayer Services Division
PO Box 637
109 Pleasant Street
Concord, NH 03302-0637.
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; ss by #10665, eff 9-9-14;
ss by #13490, eff 11-15-22
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.
(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.
(c) The register shall include the total amount
of tax refund as indicated on each Form DP-3R to Form DP-4.
(d) The register shall attach a copy of each Form
DP-3R issued by the department to Form DP-4.
Source. #6691, eff 2-21-98, EXPIRED: 2-21-06
New. #8579, eff 3-8-06; ss by #10665, eff 9-9-14
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.
(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 collected during a month, as indicated on each Form DP-3,
issued by the department, on Form DP-4 filed with the department for the month
in which the additional tax was collected.
(d) The register shall attach a copy of each Form
DP-3, issued by the department to Form DP-4, when filed with the department.
Source. #6691, eff 2-21-98, EXPIRED: 2-21-06
New.
#8579, eff 3-8-06; ss by #10665,
eff 9-9-14; amd by #12832, eff 7-25-19
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.
(c) The burden of proof as to the date of
delivery of the deed shall be the obligation of the purchaser.
Source. #5300, eff 12-26-91; ss by #6691, eff 2-21-98,
EXPIRED: 2-21-06
New. #8579, eff 3-8-06;
ss by #10665, eff 9-9-14
Rev 807.02 Declaration of Consideration For Certain
Exempt Transfers. For all
noncontractual transfers, the purchaser, grantee, assignee, or transferee shall
file a Form CD-57-P, “Real Estate Transfer Tax Declaration of Consideration
Real Estate Purchaser (Grantee),” or Form CD-57-HC-P, “Real Estate Transfer Tax
Declaration of Consideration for Real Estate Holding Companies (Purchaser),” as
appropriate, and the seller, grantor, assignor, or transferor shall separately
file a Form CD-57-S, “Real Estate Transfer Tax Declaration of
Consideration Real Estate Seller (Grantor),” or Form CD-57-HC-S, “Real Estate
Transfer Tax Declaration of Consideration for Real Estate Holding Companies
(Seller),” as appropriate.
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; ss by #10062, eff
12-24-11;
ss by #10665, eff 9-9-14
Rev 807.03 Amended Declarations of Consideration. If an error has been made on an original
declaration, the applicable form, either Form CD-57-P, Form CD-57-S, Form
CD-57HC-P, or Form CD-57HC-S, shall be re-filed with the correct information by:
(a) Checking the box marked "Amended
Return";
(b) Referring to the original deed or other instrument, if applicable, to which the
amendment refers;
(c) Clearly indicating at least one name from the originally filed declaration of
consideration for each of the following groups:
(1) Seller, grantor,
assignor, or transferor; and
(2) Purchaser, grantee,
assignee, 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; and
(f) Including
the dated signatures of each assignor,
grantor, seller, transferor,
assignee, grantee, purchaser, and
transferee, or the respective party’s authorized representative, whose name is
indicated in accordance with (c) above; and
(g) Filing the amended form(s) in accordance with Rev 809.04 or Rev
809.05.
Source. #5300, eff 12-26-91; ss by #6691, eff 2-21-98,
EXPIRED: 2-21-06
New. #8579, eff 3-8-06; ss by #10062, eff 12-24-11;
ss by #10665, eff 9-9-14; amd by #12025, eff 10-28-16
Rev 807.04 Refund
Requests.
(a) All requests for refund shall be submitted by
the taxpayer on an amended Form CD-57-P, Form CD-57-S, Form CD-57-HC-P, or Form
CD-57-HC-S, as appropriate, in accordance with Rev 807.03. In addition, the
taxpayer shall attach the following to the amended form:
(1)
A copy of the originally filed Form CD-57-P, Form CD-57-S Form CD-57-HC-P,
or Form CD-57-HC-S, as appropriate;
(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 statement, 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.
(b) Within 60 days of the department’s receipt
of the request and all required documentation as provided in Rev 807.04(a), the
department shall notify the taxpayer who requested the refund whether the
request is granted or denied in whole or in part. If the refund request is denied, the
department shall also notify the taxpayer of their appeal rights, pursuant to
RSA 21-J:28-b, II.
(c) 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; ss by #10062, eff 12-24-11; ss by #10665,
eff 9-9-14; amd by #12832, eff 7-25-19
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 within 30 days of the transfer using a Form
CD-57-HC-P or Form CD-57-HC-S, 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 electronically
or by check 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
explanation 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; ss by #10062, eff 12-24-11; ss by #10665,
eff 9-9-14; ss by #13490, eff 11-15-22
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; ss by #10665,
eff 9-9-14
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.
(c)
The audit division shall notify the transferor or transferee or the
authorized representative by mail of:
(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; ss by #10665, eff
9-9-14
PART
Rev 809 FORMS
Rev 809.01 Form DP-3R, Notice of Real Estate Transfer
Tax Refunded. Within 15 business
days following the end of the month in which the department refunds transfer
tax on a recorded transfer, the department shall submit Form DP-3R, “Notice of
Real Estate Transfer Tax Refunded” to the register of deeds of the county in
which the property transferred is located.
Source. #6691, eff 2-21-98, EXPIRED: 2-21-06
New. #8579, eff 3-8-06; ss by #10665,
eff 9-9-14
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 deeds of the county in
which the property transferred is located.
Source. #6691, eff 2-21-98, EXPIRED: 2-21-06
New. #8579, eff 3-8-06; ss by #10665,
eff 9-9-14
Rev 809.03 Form DP-4,
Monthly Report of Taxes & Surcharge Fees Collected on Transfer of Real Property. Form DP-4, “Monthly Report of
Taxes &
Surcharge Fees Collected on Transfer 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, and
shall be accompanied by the following supporting documentation when applicable:
(a)
For any tax collected directly by the department, a copy of the letter
of advice written by the department to the register; and
(b)
Completed Form DP-65, “Credit
Claim for Real Estate Transfer Tax Indicia” or Form DP-65S, “Credit Claim for
Recording Surcharge Indicia” or both, as applicable.
Source. #6691, eff 2-21-98, EXPIRED: 2-21-06
New. #8579, eff 3-8-06; ss by #10665,
eff 9-9-14; amd by #12832, eff 7-25-19
Rev 809.04 Form CD-57-P “Real Estate Transfer Tax
Declaration of Consideration Real Estate Purchaser (Grantee)” and Form CD-57-S,
Real Estate Transfer Tax Declaration of Consideration Real Estate Seller
(Grantor).
(a)
The purchaser, grantee, assignee, or transferee shall complete and file
a Form CD-57-P and the seller, grantor, assignor, or transferor shall complete
and file a Form CD-57-S 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.
(b)
The form shall be:
(1) Filed electronically through the Granite
Tax Connect web portal located at www.revenue.nh.gov/gtc; or
(2) Mailed
to:
New Hampshire Department of Revenue
Administration
Taxpayer Services Division
PO Box 3308
109 Pleasant Street
Concord, NH 03302-3308
(c) 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 taxpayer 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; ss by #10062, eff 12-24-11; ss by #10665,
eff 9-9-14; ss by #13490, eff 11-15-22
Rev 809.05 Form CD-57-HC-P Real Estate Transfer Tax Declaration
of Consideration for Real Estate Holding Companies (Purchaser) and Form CD-57-HC-S,
Real Estate Transfer Tax Declaration of Consideration for Real Estate Holding
Companies (Seller).
(a)
The purchaser, grantee, assignee, or transferee of interests in real
estate holding companies shall complete and file a Form CD-57-HC-P and the seller,
grantor, assignor, or transferor of interests in real estate holding companies
shall complete and file a Form CD-57-HC-S, to report to the department the
price or consideration paid for the interest in real estate, as required by RSA
78-B:10.
(b)
Payment
of the amount of the tax shall accompany the form.
(c)
The form and payment shall be:
(1) Filed electronically through the Granite
Tax Connect web portal located at www.revenue.nh.gov/gtc; or
(2) Mailed
to:
New Hampshire Department of Revenue Administration
Taxpayer Services Division
PO Box 637
109 Pleasant Street
Concord, NH 03302-0637
(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 taxpayer identification number
or numbers on all tax returns and related documents.
Source. #8579, eff 3-8-06; ss by #10062, eff 12-24-11; ss by #10665,
eff 9-9-14; ss by #13490, eff 11-15-22
Rev 809.06
Form DP-65, Credit Claim for Real Estate Transfer Tax Indicia.
(a)
Form DP-65, “Credit Claim for Real Estate Transfer Tax Indicia,” shall
be completed and filed with the department by the county register of deeds for
erroneously issued indicia of tax paid.
(b)
The register shall enclose a photocopy of the document upon which the
erroneous indicia was affixed.
Source. #8579, eff 3-8-06; ss by #10665, eff 9-9-14;
amd by #12832, eff 7-25-19
Rev 809.07 Form DP-65S Credit Claim for Recording Surcharge
Indicia.
(a) Form DP-65S, “Credit Claim for Recording
Surcharge Indicia,” shall be filed with the department by the county register
of deeds for erroneously issued indicia of tax paid, or non-sufficient funds.
(b) The register shall enclose a photocopy of the
recorded document upon which the erroneous indicia was affixed.
Source. #8579, eff 3-8-06; ss by #10665, eff 9-9-14; ss
by #12832, eff 7-25-19
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; ss by #10665, eff 9-9-14
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; ss by #10665, eff 9-9-14
APPENDIX
Rule |
Specific State Statute the Rule
Implements |
|
|
Rev
801.01 – Rev 801.05 |
RSA
78-B:8 |
Rev
801.06 |
RSA
78-B:1-a, II-a |
Rev
801.07 |
RSA
78-B:8 |
Rev
801.08 |
RSA
78-B:1-a, V |
Rev
801.09 – Rev 801.11 |
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, and 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:1, I |
Rev
802.05(d) |
RSA
78-B:8, I; RSA 78-B:1, I; RSA 78-B:1-a, V |
Rev
802.06 |
RSA
78-B:8, I |
|
|
Rev
803.01 – Rev 803.03 |
RSA
78-B:8 |
Rev
803.04 – Rev 803.05 |
RSA
78-B: 8 |
Rev
803.06 |
RSA
78-B:8, I; 78-B:2, XXI |
Rev
803.07 |
RSA
78-B:2, XX |
|
|
Rev
804.01 |
RSA
78-B:8 |
Rev
804.02 |
RSA
304-C:149, RSA 78-B:1, I(b) |
|
|
Rev
805.01 |
RSA
78-B:8 |
Rev
805.02 - Repealed |
|
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 |
RSA
78-B:8, RSA 78-B:10, III |
Rev
807.03 |
RSA
78-B:8, RSA 78-B:10, III |
Rev
807.03 intro. (f) |
RSA
78-B:8, RSA 78-B:10, I |
Rev
807.04 |
RSA
78-B:8, RSA 78-B:10, III |
Rev 807.05 |
RSA78-B:1-a, V; RSA 78-B:10 |
|
|
Rev
808.01 – Rev 808.02 |
RSA
78-B:8 |
|
|
Rev
809.01 – Rev 809.03 |
RSA
78-B:8 |
Rev 809.04 - Rev 809.05 |
RSA78-B:10 |
Rev
809.06 - 809.07 |
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 |