New Hampshire 2023 Regular Session

New Hampshire Senate Bill SB260

Introduced
1/24/23  
Refer
1/24/23  
Report Pass
2/16/23  
Report Pass
3/16/23  
Engrossed
3/28/23  
Refer
3/28/23  

Caption

Relative to deductions under the business profits tax for compensation of members and owners.

Note

Additionally, the bill is set to take effect on July 1, 2023, which further emphasizes the urgency of understanding its implications amid the ongoing discussions over tax policy and state revenue management. As SB260 moves forward, it will likely prompt further evaluations of business taxation and the balancing act between encouraging economic activity and maintaining adequate state funding.

Impact

If enacted, SB260 would add a new provision in RSA 77-A, which establishes the rules regarding the business profits tax. By permitting deductions for compensation, the bill aims to reduce the effective tax burden on these businesses and could lead to a reduction in overall tax revenue for the state. The Department of Revenue Administration has indicated that while the exact financial impact cannot be projected due to a lack of specific compensation data, the bill is likely to cause an indeterminate decrease in revenue derived from the BPT. This financial uncertainty raises concerns about potential implications for state budgeting and funding for public services.

Summary

Senate Bill 260 (SB260) proposes an amendment to the New Hampshire law regarding the business profits tax (BPT) by introducing a deduction for the fair, reasonable, and customary compensation of members and owners of business organizations subject to this tax. The main intent of this bill is to allow business owners to deduct their compensation from their business profits, potentially aligning their tax obligations more closely with actual income received. This adjustment could be particularly beneficial for small business owners who often must navigate rigid tax structures while managing their financial responsibilities.

Contention

The discussion surrounding SB260 reflects a broader debate over tax equity and the treatment of business owners within the state tax structure. Proponents see this deduction as a form of tax relief that acknowledges the realities of business operations, allowing owners to invest more back into their enterprises and potentially create jobs. Critics, however, raise questions about fairness and the potential for double deductions, particularly for C-corporations that might benefit from both federal and state tax deductions for similar expenses. They express concern that this could lead to inequitable tax treatment among different types of business entities, thus complicating the tax landscape further.

Companion Bills

No companion bills found.

Previously Filed As

NH HB288

Relative to taxation of sole proprietorship businesses.

NH HB450

Relative to removing the net operating loss deduction limit on taxable income under the business profits tax.

NH HB450

Relative to removing the net operating loss deduction limit on taxable income under the business profits tax.

NH HB121

Relative to worldwide combined reporting for unitary businesses under the business profits tax.

NH HB121

Relative to worldwide combined reporting for unitary businesses under the business profits tax.

NH SB435

Relative to the net operating loss carryover under the business profits tax.

NH HB1533

Relative to the safe harbor compensation amount under the business profits tax.

NH HB1531

Relative to allowing a business profits tax adjustment for the depreciation deduction permitted under Internal Revenue Code Section 168(k).

NH HB1536

Relative to increasing the amount of the expense deduction allowed against the business profits tax.

NH HB1422

Relative to the rates of the business profits tax, business enterprise tax, communications service tax, and meals and rooms tax.

Similar Bills

No similar bills found.