CHAPTER Rev 1500 RAILROAD AND PRIVATE RAIL CAR COMPANY
TAXATION
Statutory
Authority: RSA 82
PART Rev
1501 DEFINITIONS
Rev 1501.01 “Arm’s
length transaction” means a market related transaction between unrelated
parties each acting knowledgeably and in their own best interest assuming
neither party is under duress.
Source. #2823, eff 8-17-84, EXPIRED 8-17-90
New. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14; ss by #13977, eff 5-23-24
Rev
1501.02 “Commissioner” means the commissioner of the New
Hampshire department of revenue administration or the commissioner’s
designee.
Source. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14; ss by #13977, eff 5-23-24
Rev
1501.03 “Common equity” means the aggregate value of a firm’s common
stock.
Source. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14 (from Rev 1501.01); ss by #13977,
eff 5-23-24
Rev
1501.04 “Current liabilities” means a company’s short
term debt, accounts payable, accrued liabilities, other debts or
obligations, that are due within one year, and appear on the company’s balance
sheet.
Source. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14; ss by #13977, eff 5-23-24
Rev
1501.05 “Department” means the New Hampshire department of
revenue administration,
Governor Hugh J. Gallen Office
Park South, 109 Pleasant Street, Concord, NH.
Source. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14; ss by #13977, eff 5-23-24
Rev
1501.06 “Expenses everywhere” means the expenses associated with the
operation of the railroad incurred inside and outside of New
Hampshire including, but not limited to:
(a) Operating and
maintenance, excluding property taxes and interest expense;
(b) Depreciation;
(c) Amortization;
(d) Interest expense;
(e) Property taxes;
(f) Income taxes; and
(g) Other expenses.
Source. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14; ss by #13977, eff 5-23-24
Rev
1501.07 “Gross railroad revenues everywhere” means gross railroad
revenues received inside and outside of New Hampshire including, but
not limited to:
(a) Freight;
(b) Passenger;
(c) Tourist;
(d) Repair;
(e) Rental; and
(f) Other sources.
Source. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14; ss by #13977, eff 5-23-24
Rev
1501.08 “Lessor” means the entity who conveys the rights of
occupancy and use to others under a lease agreement.
Source. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06 ss by #10662, eff 8-27-14; ss by #13977, eff 5-23-24
Rev
1501.09 “Long term debt” means loans and obligations, usually with
interest payments, with a maturity of longer than 1 year.
Source. #6731, eff 4-18-98 (from Rev 1501.08),
EXPIRES: 4-18-06; ss by #8652, eff 6-6-06; ss by #10662, eff 8-27-14 (from Rev
1501.02); ss by #13977, eff 5-23-24
Rev
1501.10 “Municipality” means a city, town, or unincorporated place.
Source. #10662, eff 8-27-14; ss by #13977, eff
5-23-24
Rev
1501.11 “Preferred stock” means a class of stock ownership in a
corporation that has a higher claim on the assets and earnings than common
stock, has a dividend that must be paid out before common stock dividends, and
typically does not have voting rights.
Source. #10662, eff 8-27-14; ss by #13977, eff
5-23-24
Rev
1501.12 "Private rail car company" means a corporation,
company association, joint stock association, partnership, and person, their
lessees, trustees, or receivers appointed by any court, owning any
private rail cars operated for profit utilizing any railroad trackage in New
Hampshire in the course of its regional commerce. The term does not
include a railroad company owning assets in New Hampshire.
Source. #10662, eff 8-27-14; ss by #13977, eff
5-23-24
Rev
1501.13 "Railroad company" means every corporation,
company association, joint stock association, partnership, and person, their
lessees, trustees, or receivers appointed by any court, owning railroad company
assets in New Hampshire, or operating any railroad for common carriage of
passengers or freight or carrying on a public express business for compensation
over the line of any railroad.
Source. #10662, eff 8-27-14 (from Rev 1501.07); ss by
#13977, eff 5-23-24
Rev
1501.14 "Railroad company assets" means tangible and
intangible assets that are owned, leased, or used, such as, but not
limited to:
(a) Land, buildings,
improvements, all bridges, and other structures;
(b) Equipment, rail cars,
and locomotives;
(c) Leasehold improvements;
(d) Railroad right
of way;
(e) Track, track
appurtenances, ties, ballast, construction work in
progress, materials, and supplies; and
(f) All other railroad
assets.
Source. #10662, eff 8-27-14; ss by #13977, eff
5-23-24
Rev
1501.15 "Road" means the railroad right of way and
everything constructed on it.
Source. #10662, eff 8-27-14 (from Rev 1501.08); ss by
#13977, eff 5-23-24
Rev
1501.16 “Tax year” means the period beginning April 1 of any year
and ending March 31 of the next year, inclusive.
Source. #10662, eff 8-27-14; ss by #13977, eff
5-23-24
Rev
1501.17 “Taxpayer identification number” means:
(a) Social
Security number;
(b) Federal employer
identification number;
(c) Individual taxpayer
identification number;
(d) Preparer tax
identification number; or
(e) Department
identification number.
Source. #10662, eff 8-27-14; ss by #13977, eff
5-23-24
Rev
1501.18 “Total capital structure” means the specific mixture
of long term debt and equity that a company uses to finance its
operations that directly affects the risk and value of the business such as,
but not limited to;
(a) Long-term debt;
(b) Preferred stock;
(c) Common equity;
(d) Current liabilities;
and
(e) Total capital.
Source. #10662, eff 8-27-14; ss by #13977, eff
5-23-24
Rev
1501.19 "Total net book value everywhere" means the total
original cost less depreciation and amortization, including tangible and
intangible assets located inside and outside of New
Hampshire. The term does not include non-railroad assets.
Source. #10662, eff 8-27-14; ss by #13977, eff
5-23-24
Rev
1501.20 "Total net book value in New Hampshire" means the
total original cost less depreciation and amortization, including tangible and
intangible assets located exclusively inside of New Hampshire. The
term does not include non-railroad assets.
Source. #10662, eff 8-27-14; ss by #13977, eff
5-23-24
Rev
1501.21 "Total original cost everywhere" means the
accounting basis for cost of acquisition of property and all tangible and
intangible railroad assets by its present owner, plus the cost of any additions
and betterments made by such owner, located inside and outside of New
Hampshire whether or not such costs represent prudent investments.
Source. #10662, eff 8-27-14; ss by #13977, eff
5-23-24
Rev
1501.22 "Total original cost in New Hampshire" means the
accounting basis for cost of acquisition of property and all tangible and
intangible railroad assets by its present owner, plus the cost of any additions
and betterments made by such owner, located exclusively inside of New
Hampshire whether or not such costs represent prudent investments.
Source. #10662, eff 8-27-14; ss by #13977, eff
5-23-24
PART Rev 1502 RAILROAD COMPANY REPORTING REQUIREMENTS
Rev
1502.01 Railroad Company Railroad Tax Reporting Requirements.
(a) Every railroad company
shall complete and file a Form PA-22, “Railroad Company Property Tax
Information Update (RSA 82)”, with the department on or before May 1 of each
year.
(b) Form PA-22 shall be
submitted with the following documents:
(1) The
railroad company’s annual fiscal or calendar year report of the year preceding
the tax date of April 1; and
(2) A
list of private rail car companies traveling over the railroad company's tracks
located in New Hampshire during the preceding tax year, including:
a. The
address of each private rail car company; and
b. The
number of miles traveled by cars owned by each private rail
car company.
(c) Form PA-22 shall
contain the dated signature of an authorized individual of the railroad company
to certify that the information provided in the form is correct and accurate to
the best of the signatory’s belief and knowledge and that the signatory is
authorized to submit Form PA-22 on behalf of the railroad company.
Source. #2823, eff 8-17-84, EXPIRED 8-17-90
New. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14; ss by #13977, eff 5-23-24
Rev
1502.02 Reporting the Sale of the Railroad Company. The
buyer of a railroad company’s property or assets shall notify the department in
writing, pursuant to RSA 82:10, IV, no later than 30 days subsequent
to the sale or transfer of a railroad company’s property or assets, and
provide:
(a) The name of the buyer
and any parent company;
(b) Buyer’s taxpayer
identification number;
(c) Buyer’s
address information;
(d) Buyer’s
contact information;
(e) The transfer’s
information for the property or assets including;
(1) The
registry of deeds book and page for the recorded deed;
(2) The
registry of deeds date of recording; and
(3) The
signature date of the recorded deed;
(f) The percent and nature
of property interest transferred; and
(g) The terms of the
transaction including but not limited to;
(1) Name
of seller;
(2) Sale price;
(3) Financing
details; and
(4) Description
of the conditions of the sale including, but not limited to:
a. Marketing exposure;
b. Relationship
of parties; and
c. Any
special circumstances relating to the transfer that do not adhere to the
definition of an arm’s length transaction.
Source. #2823, eff 8-17-84, EXPIRED 8-17-90
New. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14; ss by #13977, eff 5-23-24
Rev
1502.03 Report of Stock Ownership. Every
railroad company shall provide to the department on or before July 1 of each
year a sworn statement reporting the status as of April 1 of:
(a) The ownership of the
stock by the residence of the owner; and
(b) The percentage of the
total outstanding shares owned by residents of each town in the state.
Source. #2823, eff 8-17-84, EXPIRED 8-17-90
New. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14; ss by #13977, eff 5-23-24
Rev
1502.04 Railroad Directors’ Return. The directors
of every railroad company shall provide to the department a Form PA-23,
“Railroad Directors’ Return” on or before July 1, 2017 and
every fifth year thereafter reporting the share of the capital expended
in New Hampshire municipalities for buildings and rights-of-way.
Source. #2823, eff 8-17-84, EXPIRED 8-17-90
New. #5334, eff 2-26-92; EXPIRED 2-26-98
New. #6731, eff 4-18-98, EXPIRES: 4-18-06; ss by
#8652, eff 6-6-06; ss by #10662, eff 8-27-14; ss by #13977, eff 5-23-24
Rev
1502.05 Railroad Company Estimated Railroad Tax. Pursuant
to RSA 82:20, III, railroad companies having an annual projected tax
liability in excess of $200 shall complete and file Form DP-110-ES,
“Estimated Railroad Tax” quarterly and accompanied by the estimate
payment.
Source. #8652, eff 6-6-06; ss by #10662, eff 8-27-14;
ss by #13977, eff 5-23-24
Source. #8652, eff 6-6-06; ss by #10662, eff 8-27-14;
ss by #12165, eff 4-29-17; ss by #13490, eff 11-15-22; ss by #13977, eff
5-23-24
PART Rev 1503 PRIVATE RAIL CAR COMPANY REPORTING
REQUIREMENTS
Rev
1503.01 Private Rail Car Company Railroad Tax Reporting
Requirements.
(a) Every private rail car
company shall complete and file a Form PA-21, “Private Rail Car Property Tax
Information Update (RSA 82)”, with the department on or before May 1 of
each year.
(b) Form PA-21 shall
contain the dated signature of an authorized individual of the private rail car
operator to certify that the information provided in the form is correct and
accurate to the best of the signatory’s belief and knowledge and that the
signatory is authorized to submit Form PA-21 on behalf of the private rail car
operator.
Source. #8652, eff 6-6-06; ss by #10662, eff 8-27-14;
ss by #13977, eff 5-23-24
Rev
1503.02 Reporting the Sale of the Rail Car Company. The
buyer of a rail car company’s property or assets shall notify the department in
writing, pursuant to RSA 82:10, IV, no later than 30 days subsequent
to the sale or transfer of a rail car company’s property or assets, and
provide:
(a) The name of the buyer
and any parent company;
(b) Buyer’s taxpayer
identification number;
(c) Buyer’s
address information;
(d) Buyer’s contact
information; and
(e) The name of the seller.
Source. #10662, eff
8-27-14; ss by #13977, eff 5-23-24
Rev 1503.03 Private
Rail Car Estimated Railroad Tax. Pursuant to RSA 82:20, III, a
private rail car company having an annual projected tax liability in
excess of $200 shall complete and file quarterly Form DP-111-ES,
“Estimated Private Rail Car Railroad Tax” accompanied by payment.
Source. #10662, eff
8-27-14; ss by #13977, eff 5-23-24
Rev
1503.04 Private Rail Car Company Railroad Tax Payment Form. All
private rail car companies shall, annually on or before 30 days from the date
of the notice of valuation issued by the department, make payment of
any remaining balance shown to be due on the notice using the payment voucher
provided on the notice.
Source. #10662, eff
8-27-14; ss by #12165, eff 4-29-17; ss by #13490, eff 11-15-22; ss by #13977,
eff 5-23-24
PART Rev 1504 REQUEST FOR EXTENSION FOR RAILROAD TAX
REPORTING
Rev
1504.01 Request For Reporting Extension.
(a) A railroad company or
private rail car company may complete a Form PA-25, “Request for Extension to
File Tax Information for Railroad and Private Rail Car” to request an extension
of 30 days in which to file the railroad tax reporting form(s) on or before May
1.
(b) A railroad company or
private rail car company may request a maximum of 2 extensions in a given tax
year period.
(c) The extension shall not
be valid unless confirmed in writing by the department.
(d) An extension shall be
granted if:
(1) The
taxpayer was prevented by accident, mistake, or misfortune from filing;
(2) Accounting
records are incomplete; or
(3) There
was a transfer of ownership.
(e) An extension request
shall be denied for:
(1) Untimely
filing of the request;
(2) Exceeding
the maximum number of extension requests allowed per tax year period;
(3) An
incomplete form; or
(4) Not
meeting the criteria in (d) above.
Source. #8652, eff 6-6-06; ss by #10662, eff 8-27-14;
ss by #13977, eff 5-23-24
PART Rev 1505 EXCEPTIONS AND PENALTY FOR THE UNDERPAYMENT
OF ESTIMATED TAX.
Rev
1505.01 Exceptions and Penalty for the Underpayment of Estimated
Tax. A taxpayer, who has underpaid their estimated tax, shall
complete and file Form DP-2210/2220, “Exceptions and Penalty for the
Underpayment of Estimated Tax”, by providing the information as described in
Rev 2905.02.
Source. #10662, eff 8-27-14; ss by #13977, eff
5-23-24
PART Rev 1506 FILING OF FORMS AND
FORM AVAILABILITY
Rev
1506.01 Filing.
(a) Form DP-110-ES
“Estimated Railroad Tax”, Form DP-111-ES, “Estimated Private Rail Car Railroad
Tax,”, and “Form DP-2210/2220, “Exceptions and Penalty for the Underpayment of
Estimated Tax” shall be:
(1) Mailed
to:
New Hampshire Department of
Revenue Administration
Taxpayer Services Division
PO Box 637
109 Pleasant Street
Concord, NH 03302-0637; or
(2)
Filed electronically through the Granite Tax Connect web portal located
at www.revenue.nh.gov/gtc.
(b) Form
PA-21, “Private Rail Car Property Tax Information Update RSA
82”, Form PA-22, “Railroad Company Property Tax Information Update
RSA 82”, Form PA-23, “Railroad Director’s Return”, Form PA-25, “Request for Extension to File Tax Information for Railroad
and Private Rental Car”, and report of stock ownership shall be:
(1) Mailed to:
New Hampshire Department of
Revenue Administration
Municipal and Property
Division Railroad Tax
PO Box 487
109 Pleasant Street
Concord, NH 03302-0487; or
(2) Filed electronically
through the Granite Tax Connect web portal located at www.revenue.nh.gov/gtc.
Source. #10662, eff 8-27-14 (from Rev 1503.01); ss by
#13490, eff 11-15-22; ss by #13977, eff 5-23-24
Rev
1506.02 Form Availability. All forms shall be
available by:
(a) Accessing them on the
department’s web site at http://www.revenue.nh.gov/;
(b) Calling the
department’s forms line at (603) 230-5950;
(c) Writing to the
department at:
New
Hampshire Department of Revenue Administration
Municipal
and Property Division
PO
Box 487
Concord, NH 03302-0487;
or
(d) Requesting them in
person at:
New
Hampshire Department of Revenue Administration
Governor Hugh Gallen State Office
Park
109
Pleasant Street
Concord, NH 03301
Source. #10662, eff 8-27-14; ss by #13977, eff
5-23-24
PART Rev 1507 APPEALS OF RAILROAD TAX VALUATION
Rev
1507.01 Appeal of Railroad Tax.
(a) Pursuant to RSA
82:16-a, and RSA 21-J:28-b I, any railroad company or private rail car company
against whom the department has assessed a railroad tax, may petition the
department for reconsideration of such assessment within 60 days after notice
of the assessment.
(b) A petition for
reconsideration of the railroad tax assessed shall be filed pursuant to Rev 200
with:
New
Hampshire Department of Revenue Administration
Hearings
Bureau
PO
Box 1467
Concord, NH 03302-1467.
(c) After receipt of the
presiding officer’s and the commissioner’s notice of final decision, a
petitioner may, within 15 days of service of the final decision, file a motion
for reconsideration.
(d) Within 30 days after
the notice of final decision or notice of reconsideration of final decision, a
petitioner may appeal in writing to the New Hampshire board of tax
and land appeals or superior court.
Source. #10662, eff 8-27-14 (from Rev 1504.01); ss by
#13977, eff 5-23-24.
APPENDIX
|
Rule |
Specific State Statute
the Rule Implements |
|
Rev 1501.01 |
RSA 82:10, IV |
|
Rev 1501.02 |
RSA 21-J:13, I |
|
Rev 1501.03 |
RSA 82:10, I(a);
RSA 82:10-a |
|
Rev 1501.04 |
RSA 82:10, I(a) |
|
Rev 1501.05 |
RSA 21-J:13, I |
|
Rev 1501.06 |
RSA 82:10, I(a) |
|
Rev 1501.07 |
RSA 82:10, I(a) |
|
Rev 1501.08 |
RSA 82:10, I(a) |
|
Rev 1501.09 |
RSA 82:10, I(a) |
|
Rev 1501.10 |
RSA 21-J:13, I |
|
Rev 1501.11 |
RSA 82:10, I(a) |
|
Rev 1501.12 |
RSA 82:10, I(a);
RSA 82:10, IV |
|
Rev 1501.13 |
RSA 82:10, I(a);
RSA 82:10, IV; RSA 82:10-a; RSA 82:32 |
|
Rev 1501.14 |
RSA 82:10, I(a);
RSA 82:10, IV |
|
Rev 1501.15 |
RSA 82:10, I(a) |
|
Rev 1501.16 |
RSA 82:2; RSA
82:10; RSA 82:10-a |
|
Rev 1501.17 |
RSA 21-J:13, I;
RSA 21-J:1, II(a) |
|
Rev 1501.18 |
RSA 82:10, I(a) |
|
Rev 1501.19 |
RSA 82:10, I(a) |
|
Rev 1501.20 |
RSA 82:10, I(a) |
|
Rev 1501.21 |
RSA 82:10, I(a) |
|
Rev 1501.22 |
RSA 82:10, I(a) |
|
Rev 1502.01 |
RSA 82:10, I(a) |
|
Rev 1502.02 |
RSA 82:10, IV |
|
Rev 1502.03 |
RSA 82:10-a |
|
Rev 1502.04 |
RSA 82:32 |
|
Rev 1502.05 |
RSA 82:10, II;
RSA 82:20 |
|
Rev 1502.06 |
RSA 82:20 |
|
Rev 1503.01 |
RSA 82:10, I(a) |
|
Rev 1503.02 |
RSA 82:10, IV |
|
Rev 1503.03 |
RSA 82:10, II;
RSA 82:20 |
|
Rev 1503.04 |
RSA 82:20 |
|
Rev 1504.01 |
RSA 82:10, I(b) |
|
Rev 1505.01 |
RSA 82:10, II;
RSA 82:20 |
|
Rev 1506.01 |
RSA 21-J:13, I;
RSA 82:10, I(a); RSA 82:10-a; RSA 82:32 |
|
Rev 1506.02 |
RSA 21-J:13, I |
|
Rev 1507.01 |
RSA 21-J:28-b,
I; RSA 82:16-a; RSA 82:17; RSA 83:16-a |