Struck = removed from the bill ·
added = the amendment's new text.
HBMay 155-FN27, -2026 AS2026-2088-CofC INTRODUCED07/09 SESSIONCommittee 25-0504of 07/05Conference HOUSEReport BILLon 155-FNHB AN155-FN, ACT 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,9 Rock.Amend the bill by replacing all after the enacting clause with the following:
25;1 Business Enterprise Tax;
Rep.Returns.
AlexanderAmend Jr.,RSA Hills.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,For Hills.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,Department Rock.of Health and Human Services.
2The COMMITTEE: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.
WaysAll andfunds Meansallocated ─────────────────────────────────────────────────────────────────to ANALYSIS This bill reduces the ratedepartment of the business enterprise tax for taxthis yearspurpose endingshall onbe orspent afterduring Decemberthe 31,biennium. 2026.
-The -department -is -authorized -to -accept -and -expend -any -matching -federal -funds -without -prior -approval -of -the -fiscal -committee. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation:
MatterThe addedgovernor is authorized to currentdraw lawa appearswarrant out of any money in boldthe italics.treasury not otherwise appropriated.
Matter3 removedNew fromSection; current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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;
Automatic Rate Reduced.Reduction Upon Certified Business Tax Surplus.
Amend RSA 77-E:277-E by inserting after paragraphsection II2 the following new paragraph: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 alleach taxablefull periods$100,000,000 endingof onbusiness ortax aftersurplus Decembercertified 31,under 2026,paragraph aII, taxand issubject imposedto atthe conditions and floor set forth in paragraphs IV through VI, the rate of 0.50tax percentimposed uponunder theRSA 77-E:2 shall be reduced by 0.05 percentage points, effective for taxable enterpriseperiods valuebeginning taxon baseor after January 1 of everythe businesscalendar enterprise.year immediately following the calendar year in which the certification is issued.
2IV.(a) EffectiveNo Date.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(1) actThe shallrevenue takestabilization effectreserve Julyaccount 1,established 2025.under RSA 9:13-e is below its statutory cap;
LBA(2) 25-0504Combined 12/11/24general HBfund 155-FN-and FISCALeducation NOTEtrust ASfund INTRODUCEDunrestricted ANrevenue ACTfor reducing the rateapplicable offiscal year is less than the businessofficial enterpriserevenue tax.plan for those funds;
FISCALor IMPACT:(3) Combined business tax revenue for the applicable fiscal year is less than combined business tax revenue for the immediately preceding fiscal year.
This(b) billIf doesany notof providethese funding,conditions norcauses doesa itreduction authorizeto newbe positions.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.
EstimatedCommittee 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 billConference *AppropriationReport =on AuthorizedHB funding155-FN to- coverPage cost3 of- billV. METHODOLOGY:
ThisThe billrate reducesof thetax Businessimposed Enterpriseunder TaxRSA (BET)77-E:2 rateshall fromnot 0.55%be toreduced 0.50%below for0.25 taxablepercent periodsby endingoperation onof orthis aftersection. December 31, 2026.
TheUpon Departmentthe ofrate Revenuereaching Administration0.25 statespercent, thethis fiscalsection impactshall iscease indeterminableto asoperate, and any further reduction in the Departmentrate isshall notrequire ablean toaffirmative predictenactment futureof BETthe taxgeneral revenue.court.
BasedVI. on the following assumptions/information, the Department is able to estimate a possible fiscal impact:
·Not reducinglater thethan BET60 ratedays willfollowing alsoeach reducecertification theunder BETparagraph creditII, availablethe tocommissioner offsetof the Businessdepartment Profitsof Taxrevenue (BPT),administration increasingshall BPTpublish revenue.notice of any rate reduction taking effect under this section and shall issue updated forms and guidance to taxpayers.
However,Required theupdates BPTto increaseadministrative willrules shall be lessexempt thanfrom the BETprocedures decreasein asRSA not541-A all taxpayers have a BPT liability to be offset by the BETextent creditnecessary andto notgive alltimely taxpayer'seffect BETto liabilitya exceedsrate thereduction BPTunder credit.this section.
In4 thoseEffective situationsDate. the BET loss in revenue is not offset by an increased BPT liability.
·I. 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.
·Section based2 on a tax year revenue analysis of priorthis fiscalact years,shall ittake waseffect determinedJune fiscal30, year2026. 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.
TheII. second table provides an estimated impact the rate changes will have on revenue.
The Tableremainder 1.of this act shall take effect January 1, 2027.
ProposedCommittee Legislationof RatesConference andReport Splitson FiscalHB Year155-FN Tax- YearPage %4 Applicable- toThe BETsignatures Ratesbelow Taxattest Yearto Fiscalthe Yearauthenticity 2026of Taxthis YearReport 2024on 12%HB 0.55%155-FN, Taxreducing Yearthe 2025rate 69%of 0.55%the Taxbusiness Yearenterprise 2026tax. 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.
BETConferees Rateon Changethe FiscalPart 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 proposedSenate rateConferees reductionon asthe depictedPart inof the aboveHouse table_________________________________________ may_______________________________________ beSen. overstated or understated for future years depending on whether actual revenue is more or less than the TY revenue.
Lang, TheDist. Department would need to update all necessary tax return forms and electronic management systems to reflect the change in the BET rate;
however,2 itRep. is not anticipated this will result in any additional administrative costs that could not be absorbed in the Department's operating budget.
AGENCIESJanigian, CONTACTED:Rock.
Department25 of_________________________________________ Revenue_______________________________________ AdministrationSen.
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.