New Hampshire 2025 Regular Session

New Hampshire Senate Bill SB276 Compare Versions

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11 SB 276-FN - AS AMENDED BY THE SENATE
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55 03/06/2025 0399s
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77 2025 SESSION
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1515 SENATE BILL276-FN
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1919 AN ACTrelative to raising the research and development tax credit.
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2323 SPONSORS:Sen. Ward, Dist 8; Sen. Innis, Dist 7; Sen. McGough, Dist 11; Sen. Perkins Kwoka, Dist 21; Sen. Watters, Dist 4
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2727 COMMITTEE:Ways and Means
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3535 ANALYSIS
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3939 This bill:
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4343 I. Raises the aggregate value of all research and development tax credits that can be claimed.
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4747 II. Raises the hard cap on the research and development tax credit an entity can claim.
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5555 Explanation:Matter added to current law appears in bold italics.
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5757 Matter removed from current law appears [in brackets and struckthrough.]
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5959 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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6161 03/06/2025 0399s25-1027
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6767 STATE OF NEW HAMPSHIRE
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7171 In the Year of Our Lord Two Thousand Twenty Five
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7575 AN ACTrelative to raising the research and development tax credit.
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7979 Be it Enacted by the Senate and House of Representatives in General Court convened:
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8383 1 Taxation; Business Profits Tax; Credits. Amend RSA 77-A:5, XIII (a) to read as follows:
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8585 XIII.(a) There shall be allowed a research and development tax credit for qualified manufacturing research and development expenditures made or incurred during the fiscal year, as follows:
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8787 (1) The aggregate of tax credits issued by the commissioner to all taxpayers claiming the credit shall not exceed [$7,000,000] $10,000,000 for any fiscal year.
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8989 (2) Each credit shall be used to offset the taxpayer's tax liability within the subsequent 5 tax years. The amount of the credit shall be the lesser of:
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9191 (A) Ten percent of the excess of the qualified manufacturing research and development expenses for the taxable year over the base amount;
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9393 (B) The proportional share of the maximum aggregate credit amount allowed in subparagraph (1);
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9595 (C) [$50,000] $100,000.
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9797 (3) Taxpayers shall apply for the tax credit on forms provided by the commissioner and shall be accompanied by information or records required by the commissioner. Such application shall be filed no later than June 30 following the tax year during which research and development occurred.
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9999 (4) A determination on the final amount of the credit awarded by the commissioner to each taxpayer claiming the credit shall be made no later than September 30 of each year.
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101101 (5) Wages for which a credit is taken under this paragraph shall not also be eligible for a credit under RSA 162-N.
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103103 2 Effective Date. This act shall take effect July 1, 2026.
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115115 SB 276-FN- FISCAL NOTE
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117117 AS INTRODUCED
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121121 AN ACTrelative to increasing the research and development tax credit.
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125125 FISCAL IMPACT:
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128128 Estimated State Impact
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130130 Revenue $0 $0 Maximum Decrease of $3,000,000 Indeterminable Decrease
131131 Revenue Fund(s) General Fund and Education Trust Fund
132132 Expenditures* $0 $0 $0 $0
133133 Funding Source(s) None
134134 Appropriations* $0 $0 $0 $0
135135 Funding Source(s) None
136136 *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
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154154 Revenue
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160160 Maximum Decrease of $3,000,000
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162162 Indeterminable Decrease
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164164 Revenue Fund(s)
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166166 General Fund and Education Trust Fund
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168168 Expenditures*
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196196 *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
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200200 METHODOLOGY:
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202202 This bill increases the aggregate of Research and Development tax credits (R&D) to be claimed in any fiscal year from $7,000,000 to $10,000,000. The proposed legislation would also increase the maximum credit amount allowed per entity from $50,000 to $100,000. effective January 1, 2026. R&D tax credit applications must be received by June 30 following the tax year during which the research and development occurred. The Department assumes the proposed legislation is applicable to applications received by June 30, 2026 and suggests an effective date of July 1 to better align with the application period.
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206206 The increase in the R&D tax credit will decrease Business Enterprise Tax (BET) and Business Profits Tax (BPT) revenue by an indeterminable amount. This credit is first applied to the BPT and any unused portion of the credit is then applied to the BET. Additionally, the taxpayer is able to carry forward the R&D tax credit for up to 5 years. The Department is not able to determine when a credit would be claimed to predict the fiscal impact of this bill. The maximum impact in the first year is $3,000,000 if the full amount of the tax credit increase is claimed, however any subsequent years are indeterminable as it is not known when carry forward credits would be used.
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210210 The Department would need to update all necessary tax return forms and electronic management systems related to this bill, however the Department does not anticipate this bill will result in any additional costs that could not be absorbed in its operating budget.
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214214 AGENCIES CONTACTED:
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216216 Department of Revenue Administration