§ 77-E:13 — Application of Credit for Business Enterprise Tax Against Business Profits Tax

If the business enterprise liable for taxes imposed by this chapter is a member of a unitary business within the meaning of RSA 77-A:1, XIV, then the entire amount of the taxes due under this chapter by the individual member of such unitary business shall be allowed as a credit pursuant to RSA 77-A:5, X, against such individual member's portion of the total tax liability of the unitary business under RSA 77-A. In the event that the individual member's credit exceeds such member's portion of the total tax liability of the unitary business, the excess of such credit shall be allowed as a credit against any other individual member's tax liability under RSA 77-A, provided such other member is also subject to the tax imposed by this chapter. The tax liability of an individual member of a unitary business under RSA 77-A shall be determined by the following steps:
I. Determine a combined nexus group denominator for the applicable apportionment factors by adding the apportionment factor numerators of the individual members of the combined group subject to tax under RSA 77-A.
II. Determine an individual apportionment percentage for each member of the combined group subject to tax under RSA 77-A by dividing such member's applicable individual New Hampshire apportionment factor numerators by the combined nexus group denominators determined in paragraph I.
III. Apply the individual apportionment percentage, determined in paragraph II, to business profits tax liability of the water's edge combined group as determined in accordance with the provisions of RSA 77-A.

Legislative History

1993, 350:19, eff. July 1, 1993. 2019, 346:428, eff. Jan. 1, 2022.