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NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION

FORM

BUSINESS TAX

GENERAL INSTRUCTIONS FOR FILING BUSINESS TAXES

Gen. Inst.

S-CORP FILERS

REFERENCES TO FEDERAL FORMS

All references to federal tax forms and form lines are based on draft

New Hampshire treats subchapter “S” corporations as if they were “C”

forms available at the time the state forms were printed. If the federal

corporations. All S-corporations are required to complete Form DP-120,

line number and description do not match, follow the line description or

Computation of "S" Corporation Gross Business Proﬁ ts. Returns ﬁ led

contact the Department at (603) 271-2191.

without a Form DP-120 will be incomplete and may be returned to

the taxpayer. S-corporations who make actual distributions to New

ATTACH FEDERAL SCHEDULES/FORMS

Hampshire resident shareholders are required to ﬁ le Form DP-9,

Small Business Corporation (S-Corp) Information Report separately

All Business Proﬁ ts Tax returns must be accompanied by a complete and

from the return.

legible copy of the federal income tax return or other appropriate federal

forms, consolidating schedules and supporting schedules. The corporate

return must have the federal Form 1120, pages 1, 2, 3 and 4 and all

SINGLE MEMBER LIMITED LIABILITY COMPANIES

schedules. Corporations may submit the consolidating and supporting

schedules ONLY using a Compact Disc (CD) in a PDF or PDF compatible

For NH taxation purposes, an SMLLC is recognized as an entity

format. The proprietorship return must have federal schedules C, D, E,

separate from its members. An SMLLC is required to report and ﬁ le

F, Form 4797 and Form 6252, if applicable. The partnership return must

NH taxable activities at the entity level. An SMLLC is required by

have the federal Form 1065, pages 1,2,3, and 4 and applicable schedules.

law to ﬁ le a NH tax return even though the SMLLC does not ﬁ le a

The ﬁ duciary return must have the federal Form 1041, pages 1, 2, 3 and

separate federal tax return.

4, and applicable schedules. Failure to attach all federal schedules as

required shall be deemed a failure to ﬁ le a New Hampshire return and

may subject the taxpayer to penalties.

An SMLLC shall ﬁ le its business tax return using:

Form NH1120, "Corporate Business Proﬁ ts Tax Return", if the

CONFIDENTIAL INFORMATION

member is a corporation;

Form NH1040, "Proprietorship Business Proﬁ ts Tax Return", if

the member is an individual;

Disclosure of federal employer identiﬁ cation numbers and social security

numbers is mandatory under New Hampshire Department of Revenue

Administration rules 2903.02(c). This information is required for the

Form NH1065, "Partnership Business Proﬁ ts Tax Return", if the

purpose of administering the tax laws of this state and authorized by 42

member is a partnership; and

U.S.C.S. § 405 (c) (2) (C) (i).

Form NH1041, "Fiduciary Business Proﬁ ts Tax Return", if the

Tax information which is disclosed to the New Hampshire Department of

member is a trust.

Revenue Administration is held in strict conﬁ dence by law. The information

may be disclosed to the United States Internal Revenue Service, agencies

If the SMLLC does not have a federal employer identiﬁ cation number;

responsible for the administration of taxes in other states in accordance

shares a taxpayer identiﬁ cation number with another entity; or is not

with compacts for the exchange of information, and as otherwise authorized

required to obtain a federal employer identiﬁ cation number, social

by New Hampshire Revised Statutes Annotated 21-J:14.

security number or an individual taxpayer identiﬁ cation number

issued by the Internal Revenue Service THE SMLLC's MUST USE

The failure to provide federal employer identiﬁ cation numbers and social

A DEPARTMENT IDENTIFICATION NUMBER (DIN) WHEN FILING

security numbers may result in the rejection of a return or application. The

ALL TAX RELATED DOCUMENTS. Form DP-200 shall be used to

failure to timely ﬁ le a return or application complete with social security

apply for a New Hampshire Department of Revenue Administration

numbers may result in the imposition of civil or criminal penalties, the

assign identiﬁ cation number.

disallowance of claimed exemptions, exclusions, credits, deductions, or

an adjustment that may result in increased tax liability.

Your DIN shall be used in place of the entity's federal employer

identiﬁ cation number. When ﬁ ling all future documents, the DIN

AMENDED RETURNS

shall be entered wherever federal employer identiﬁ cation numbers

or social security numbers are required.

If you discover an error on your BET and/or BPT return(s) after ﬁ ling,

amended returns should be promptly ﬁ led by completing a corrected Form

ESTIMATED BPT & BET PAYMENTS

BT-SUMMARY and the appropriate BET and/or BPT returns. You should

check the “AMENDED” block in STEP 2 on the Business Tax Summary.

Every entity required to ﬁ le a Business Proﬁ ts Tax (BPT) return and/

AMENDED RETURNS MUST HAVE ALL APPLICABLE SCHEDULES

or a Business Enterprise Tax (BET) return must also make quarterly

AND FEDERAL PAGES ATTACHED TO BE DEEMED A COMPLETE

estimated tax payments for each individual tax for its subsequent

AMENDED RETURN. For changes made by the Internal Revenue Service

taxable period, unless the ANNUAL estimated tax for the subsequent

for this year, see STEP 2 on the Business Tax Summary.

taxable period for each tax individually is less than $200. However,

if at the end of any quarter the estimated tax for the year exceeds

If you need to amend prior year BET and/or BPT return(s) and you need

$200, an estimated tax payment must be ﬁ led. The quarterly estimates

forms, you may access our web site at or call the

are 25% of the estimated tax liability. See the instructions with the

forms line at (603) 271-2192.

Estimated Business Proﬁ ts Tax Form for exceptions and penalties

for noncompliance.

You may not ﬁ le an amended return for New Hampshire Net Operating

Loss (NOL) carryback provisions.

INTERNAL REVENUE CODE (IRC) AND NEW HAMPSHIRE

RECONCILIATION

ROUNDING OFF

The New Hampshire Legislature has not changed the current business

tax laws to conform with the federal tax law changes. The Internal

Money items on all Business Enterprise Tax and Business Proﬁ ts Tax

Revenue Code (IRC) reference remains the Code in effect on

forms may be rounded off to the nearest whole dollar.

December 31, 2000. Therefore, if changes are used on your federal

ﬁ ling, business taxpayers must recalculate their New Hampshire gross

FILING SEQUENCE

business proﬁ ts utilizing the applicable NH Schedule R.

Schedule

R has been provided in this booklet for each business entity type to

The upper right corner of the NH tax forms indicate the order forms must

assist businesses in recalculating their New Hampshire Gross Business

be placed when ﬁ ling. Copies of the federal tax return and supporting

Proﬁ ts. The completed Schedule R must be ﬁ led with the corresponding

schedules must follow the NH forms and schedules.

New Hampshire Business Tax return.

Business Tax

Gen. Inst.

Rev 09/2008

page

Form Changes - Summary Of Changes & Common Problem Areas/general Instructions For Filing Business Taxes/etc. Page 3

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