Amendment vs bill Amendment: #2026-2088c vs Introduced

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HB 155-FN - AS INTRODUCED SESSION 25-0504 07/05 HOUSE BILL 155-FN AN ACT reducing the rate of the business enterprise tax.
May 27, 2026 2026-2088-CofC 07/09 Committee of Conference Report on HB 155-FN, reducing the rate of the business enterprise tax.
SPONSORS:
3 Recommendation:
Rep.
That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:
Sweeney, Rock.
9 Amend the bill by replacing all after the enacting clause with the following:
25;
1 Business Enterprise Tax;
Rep.
Returns.
Alexander Jr., Hills.
Amend RSA 77-E:5, I to read as follows:
29;
I.
Rep.
Every business enterprise having gross business receipts in excess of [$250,000] $400,000 as defined by RSA 77-E:1, X, during the taxable period or the enterprise value tax base of which is greater than [$250,000] $400,000 shall, on or before the fifteenth day of the third month in the case of enterprises required to file a United States partnership tax return, the fifteenth day of the fifth month in the case of enterprises required to file a United States exempt organization return, and the fifteenth day of the fourth month in the case of all other business enterprises, following expiration of its taxable period, make a return to the commissioner.
Berry, Hills.
For tax years beginning January 1, [2015] 2029, the commissioner shall biennially adjust these threshold amounts rounding to the nearest $1,000 based on the 2-year (24-month) percentage change in the Consumer Price Index for All Urban Consumers, Northeast Region as published by the Bureau of Labor Statistics, United States Department of Labor using the amount published for the month of June in the year prior to the start of the tax year.
44;
All returns shall be signed by the business enterprise or by its authorized representative, subject to the pains and penalties of perjury and the penalties provided in RSA 21- J:39.
Rep.
2 Appropriation;
Osborne, Rock.
Department of Health and Human Services.
2 COMMITTEE:
The sum of $2,500,000 for the biennium ending June 30, 2027, is hereby appropriated to the department of health and human services for the purpose of supporting per-diem nursing facility rates paid out of 05-95-48-482010- 2152-504.
Ways and Means ───────────────────────────────────────────────────────────────── ANALYSIS This bill reduces the rate of the business enterprise tax for tax years ending on or after December 31, 2026.
All funds allocated to the department for this purpose shall be spent during the biennium.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation:
The department is authorized to accept and expend any matching federal funds without prior approval of the fiscal committee.
Matter added to current law appears in bold italics.
The governor is authorized to draw a warrant out of any money in the treasury not otherwise appropriated.
Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
3 New Section;
HB 155-FN - AS INTRODUCED 25-0504 07/05 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Five AN ACT reducing the rate of the business enterprise tax.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph;
Rate Reduced.
Automatic Rate Reduction Upon Certified Business Tax Surplus.
Amend RSA 77-E:2 by inserting after paragraph II the following new paragraph:
Amend RSA 77-E by inserting after section 2 the following new section:
Committee of Conference Report on HB 155-FN - Page 2 - 77-E:2-a Automatic Rate Reduction Upon Certified Business Tax Surplus.
I.
In this section:
(a) "Combined business tax revenue" means the total unrestricted revenue received by the state from the business profits tax under RSA 77-A and the business enterprise tax under RSA 77-E for a completed fiscal year, net of refunds, as reported in the audited annual comprehensive financial report.
(b) "Combined business tax plan" means the sum of the final official revenue estimates for the business profits tax and the business enterprise tax as adopted in the biennial operating budget and any revisions enacted in statute prior to the close of the applicable fiscal year.
(c) "Business tax surplus" means the amount, if any, by which combined business tax revenue exceeds the combined business tax plan for the same fiscal year.
II.
Not later than December 31 following the close of each fiscal year, the legislative budget assistant, based upon the audited annual comprehensive financial report prepared by the department of administrative services and the official revenue reports issued by the department of revenue administration, shall certify in writing to the governor, the speaker of the house of representatives, the president of the senate, the chairs of the house ways and means, senate ways and means, house finance, and senate finance committees, and the commissioner of the department of revenue administration:
(a) The combined business tax revenue for the completed fiscal year;
(b) The combined business tax plan for the same fiscal year;
and (c) The business tax surplus, if any, calculated under this section.
For all taxable periods ending on or after December 31, 2026, a tax is imposed at the rate of 0.50 percent upon the taxable enterprise value tax base of every business enterprise.
For each full $100,000,000 of business tax surplus certified under paragraph II, and subject to the conditions and floor set forth in paragraphs IV through VI, the rate of tax imposed under RSA 77-E:2 shall be reduced by 0.05 percentage points, effective for taxable periods beginning on or after January 1 of the calendar year immediately following the calendar year in which the certification is issued.
2 Effective Date.
IV.(a) No rate reduction shall take effect under this section if any of the following conditions are true at the close of the applicable fiscal year:
This act shall take effect July 1, 2025.
(1) The revenue stabilization reserve account established under RSA 9:13-e is below its statutory cap;
LBA 25-0504 12/11/24 HB 155-FN- FISCAL NOTE AS INTRODUCED AN ACT reducing the rate of the business enterprise tax.
(2) Combined general fund and education trust fund unrestricted revenue for the applicable fiscal year is less than the official revenue plan for those funds;
FISCAL IMPACT:
or (3) Combined business tax revenue for the applicable fiscal year is less than combined business tax revenue for the immediately preceding fiscal year.
This bill does not provide funding, nor does it authorize new positions.
(b) If any of these conditions causes a reduction to be suspended, the certified business tax surplus shall carry forward and be applied in the next succeeding fiscal year in which none of these conditions is true.
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Estimated State Impact FY 2025 FY 2026 FY 2027 FY 2028 Indeterminable Indeterminable Indeterminable Revenue $0 Decrease Decrease Decrease Revenue Fund(s) General Fund and Education Trust Fund Expenditures* $0 $0 $0 $0 Funding Source(s) None Appropriations* $0 $0 $0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY:
Committee of Conference Report on HB 155-FN - Page 3 - V.
This bill reduces the Business Enterprise Tax (BET) rate from 0.55% to 0.50% for taxable periods ending on or after December 31, 2026.
The rate of tax imposed under RSA 77-E:2 shall not be reduced below 0.25 percent by operation of this section.
 The Department of Revenue Administration states the fiscal impact is indeterminable as the Department is not able to predict future BET tax revenue.
Upon the rate reaching 0.25 percent, this section shall cease to operate, and any further reduction in the rate shall require an affirmative enactment of the general court.
 Based on the following assumptions/information, the Department is able to estimate a possible fiscal impact:
VI.
· reducing the BET rate will also reduce the BET credit available to offset the Business Profits Tax (BPT), increasing BPT revenue.
Not later than 60 days following each certification under paragraph II, the commissioner of the department of revenue administration shall publish notice of any rate reduction taking effect under this section and shall issue updated forms and guidance to taxpayers.
However, the BPT increase will be less than the BET decrease as not all taxpayers have a BPT liability to be offset by the BET credit and not all taxpayer's BET liability exceeds the BPT credit.
Required updates to administrative rules shall be exempt from the procedures in RSA 541-A to the extent necessary to give timely effect to a rate reduction under this section.
In those situations the BET loss in revenue is not offset by an increased BPT liability.
4 Effective Date.
· the starting point for calculating the fiscal impact on FY 2026 thru FY 2028 revenues is the Tax Year 2022 BET tax base of $42,000,000,000.
I.
· based on a tax year revenue analysis of prior fiscal years, it was determined fiscal year tax revenue is comprised of 12 percent from the tax year 2 years ago, 69 percent is from the tax year 1 year ago and 19 percent from the current tax year  (See table 1 below)   The first table below provides the tax rates and splits.
Section 2 of this act shall take effect June 30, 2026.
 The second table provides an estimated impact the rate changes will have on revenue.
II.
  Table 1.
The remainder of this act shall take effect January 1, 2027.
Proposed Legislation Rates and Splits Fiscal Year Tax Year % Applicable to BET Rates Tax Year Fiscal Year 2026 Tax Year 2024 12% 0.55% Tax Year 2025 69% 0.55% Tax Year 2026 19% 0.50% Fiscal Year 2027 Tax Year 2025 12% 0.55% Tax Year 2026 69% 0.50% Tax Year 2027 19% 0.50% Fiscal Year 2028 Tax Year 2026 12% 0.50% and forward Tax Year 2027 69% 0.50% Tax Year 2028 19% 0.50%     Table 2.
Committee of Conference Report on HB 155-FN - Page 4 - The signatures below attest to the authenticity of this Report on HB 155-FN, reducing the rate of the business enterprise tax.
BET Rate Change Fiscal Impact - Static Analysis Estimated Cumulative Estimated Fiscal Impact TY 2022 Fiscal Impact Revenues Per Year Fiscal Revenues  (Proposed with (Proposed Year with Current Legislation Proposed Legislation Law Compared to Legislation Compared to Current Law) Current Law) $244,600,000 $244,600,000 $0 $0 $244,600,000 $240,300,000 ($4,300,000) ($4,300,000) $244,600,000 $224,900,000 ($19,700,000) ($24,000,000) $244,600,000 $222,300,000 ($22,300,000) ($46,300,000)   The fiscal impact of the proposed rate reduction as depicted in the above table may be overstated or understated for future years depending on whether actual revenue is more or less than the TY revenue.
Conferees on the Part of the Senate Conferees on the Part of the House _________________________________________ _______________________________________ Sen.
  The Department would need to update all necessary tax return forms and electronic management systems to reflect the change in the BET rate;
Lang, Dist.
however, it is not anticipated this will result in any additional administrative costs that could not be absorbed in the Department's operating budget.
2 Rep.
AGENCIES CONTACTED:
Janigian, Rock.
Department of Revenue Administration
25 _________________________________________ _______________________________________ Sen.
Sullivan, Dist.
18 Rep.
Ulery, Hills.
13 _________________________________________ _______________________________________ Sen.
Murphy, Dist.
16 Rep.
Sweeney, Rock.
25 _______________________________________ Rep.
Ford, Rock.
3 Committee of Conference Report on HB 155-FN - Page 5 - 2026-2088-CofC AMENDED ANALYSIS This bill:
I.
Raises the amount of income needed before businesses are required to file a business enterprise tax return with the department of revenue administration.
II.
Appropriates funds to the department of health and human services for certain nursing facilities.
III.
Reduces the rate of the business enterprise tax in the event of certain business tax revenue surpluses.