Section Jus 404.02 - Form NHCT-12 Annual Report(b) Charitable trusts shall provide the following documents with the completed Form NHCT-12: (1) One of the following types of financial reports for the fiscal year for which the report is filed: a. Form NHCT-12 Schedule A;b. Internal Revenue Service Form 990 (with the exception of Schedule B "Schedule of Contributors");c. Internal Revenue Service Form 990-EZ (with the exception of Schedule B "Schedule of Contributors");d. Internal Revenue Service Form 990-PF (with the exception of Schedule B "Schedule of Contributors"); ore. Probate accounting submitted to the probate court;(2) Form NHCT-12 Schedule B;(3) If the charitable trust is a New Hampshire-based charitable trust and is not a private foundation, Form NHCT-12 Schedule C, and the charitable trust shall provide with Schedule C the following:a. If any pecuniary benefit transactions listed on Schedule C amount to $5,000 or more during the year:1. The written notice provided to the director of charitable trusts pursuant to RSA 7:19-a, II(d);2. The notice published in the newspaper pursuant to RSA 7:19-a, II(d); and3. The minutes of the meeting of the board, approving the transaction;b. Any amendments to the governing documents of the charitable trust; andc. If the entity was the subject of any fine, penalty, or adverse judgment, documentation setting forth the fine, penalty, or adverse judgment;(4) If the charitable trust has issued any charitable gift annuities, in accordance with Jus 411, Form NHCT-12 Schedule D; and(5) If the charitable trust has terminated, dissolved, ceased its charitable purposes in New Hampshire, or otherwise seeks to withdraw its registration with the charitable trusts unit, Form NHCT-12 Schedule E, and the charitable trust shall provide with Schedule E the following: b. With respect to dissolution of an unincorporated association, the minutes of the governing board meeting at which the vote to dissolve was approved;c. With respect to the merger of a New Hampshire nonprofit corporation, the plan of merger filed with the secretary of state pursuant to RSA 292:7;d. With respect to termination of an express trust, the court order, nonjudicial settlement agreement, or other document that reflects termination;e. With respect to cessation of charitable activities by a nonprofit organization that has not been determined by the Internal Revenue Service to be a tax exempt organization pursuant to 26 U.S.C. § 501(c)(3) of the Internal Revenue Code, as amended, the minutes of the governing board meeting at which the vote to cease charitable activities was approved;g. With respect to the withdrawal from New Hampshire by a foreign nonprofit corporation that dissolved as a corporation, the dissolution document filed with the foreign nonprofit corporation's state of incorporation; and(6) If the charitable trust is a New Hampshire-based organization with annual revenue that exceeds $500,000 and is not a private foundation, one of the following financial statements: a. For charitable organizations with annual revenue of $500,000 or more but less than $2,000,000, a financial statement prepared in accordance with generally accepted accounting principles; orb. For charitable organizations with annual revenue of $2,000,000 or more, an audited financial statement.(c) A charitable trust required to file a financial statement in accordance with Jus 404.02(b)(6) may seek an exemption from that requirement by submitting a written request to the director setting forth why the requirement constitutes a financial burden on the entity. The director shall grant such an exemption if the Director determines that the requirement would constitute a financial burden on the entity, and: (1) The charitable trust is in good standing as set forth in Jus 406.02(a)(4); and(2) The charitable trust was not required in the prior year to submit the particular financial statement.(d) Form NHCT-12 shall be signed under oath by the president or treasurer of the governing board or a trustee of an express trust.(e) Form NHCT-12 may be submitted by an authorized agent if the form is electronically filed and the charitable trust submits for the applicable fiscal year Form NHCT-50 "Authorization for Electronic Filing by Agent," pursuant to Jus 412.(f) The completed Form NHCT-12 shall be accompanied by a non-refundable fee of $75.00, unless previously paid with a Form NHCT-14 "Application for Extension of Time to File Annual Report," effective September 2022, available on www.doj.nh.gov/charitable-trusts/forms.htm.N.H. Admin. Code § Jus 404.02
Derived from Volume XLII Number 45, Filed November 10, 2022, Proposed by #13455, Effective 10/7/2022, Expires 10/7/2032