Bill Text: NH SB342 | 2016 | Regular Session | Chaptered
Bill Title: Relative to the sale or exchange of an interest in a business organization under the business profits tax.
Spectrum: Strong Partisan Bill (Republican 14-1)
Status: (Passed) 2016-06-22 - Signed by the Governor on 06/21/2016; Chapter 0300; Effective 06/21/2016 [SB342 Detail]
Download: New_Hampshire-2016-SB342-Chaptered.html
CHAPTER 300
SB 342-FN - FINAL VERSION
03/24/2016 1021s
11May2016... 1308h
06/01/2016 2075CofC
2016 SESSION
16-2710
09/10
SENATE BILL 342-FN
AN ACT relative to the sale or exchange of an interest in a business organization under the business profits tax.
SPONSORS: Sen. Bradley, Dist 3; Sen. Boutin, Dist 16; Sen. Sanborn, Dist 9; Sen. Morse, Dist 22; Sen. Forrester, Dist 2; Sen. Little, Dist 8; Sen. Cataldo, Dist 6; Sen. Avard, Dist 12; Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Sen. Stiles, Dist 24; Sen. D'Allesandro, Dist 20; Rep. Major, Rock. 14; Rep. Hinch, Hills. 21; Rep. Packard, Rock. 5
COMMITTEE: Ways and Means
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AMENDED ANALYSIS
This bill limits the inclusion in the business profits tax of the net increase due to certain sales or exchanges of an interest or beneficial interest in a business organization.
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Explanation: Matter added to current law appears in bold italics.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/24/2016 1021s
11May2016... 1308h
06/01/2016 2075CofC 16-2710
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT relative to the sale or exchange of an interest in a business organization under the business profits tax.
Be it Enacted by the Senate and House of Representatives in General Court convened:
300:1 Sale or Exchange of an Interest in a Business Organization. RSA 77-A:4, XIV is repealed and reenacted to read as follows:
XIV.(a) In the case of a business organization where an ownership interest in the business organization is sold or exchanged and the transaction, for federal income tax purposes results in an increase in the basis of the assets for one or more of the parties to the transaction, the business organization shall:
(1) Add to the gross business profits of the business organization, for each taxable period, an amount equal to the annual depreciation or amortization attributable to the increase in the basis of the assets recognized by the parties to the transaction for federal income tax purposes; and
(2) Calculate the gain or loss on the sale or other disposition of an asset without regard to the basis increase recognized by any party to the transaction for federal income tax purposes, from the sale or exchange of the ownership interest in the business organization.
(b) A business organization may, for a particular sale or exchange, make an irrevocable election on a timely filed return including any extension period, to recognize the basis increase of the assets for one or more of the parties to the transaction for federal income tax purposes. Such business organization for the purposes of the business profits tax shall:
(1) Be required to make an addition to gross business profits of the business organization equal to the net increase in the basis of all assets transferred or sold in the tax period in which the sale or exchange of the ownership interest occurs;
(2) Be allowed a deduction against its gross business profits for annual depreciation or amortization attributable to the increase in the basis of the assets recognized by the parties to the transaction for federal income tax purposes; and
(3) Calculate the gain or loss on the sale or other disposition of an asset with regard to the basis increase recognized by any party to the transaction for federal income tax purposes, from the sale or exchange of the ownership interest in the business organization.
300:2 Applicability. This act shall take effect for sales or exchanges of interests in business organizations that occur on and after January 1, 2016.
300:3 Effective Date. This act shall take effect upon its passage.
Approved: June 21, 2016
Effective Date: June 21, 2016
