Section Rev 1010.02 - Aiding and Abetting an Understatement of Tax Liability(a) An individual or company providing more than typing, reproducing or other mechanical assistance shall be deemed to be a tax preparer, as defined in RSA 21-J:33-b, when the individual or company uses computer software which makes determinations about the applicability of tax laws or the allowability of deductions or credits.(b) In accordance with RSA 21-J:33-c, the penalty shall be assessed against any person who aids, assists in, procures or advises in the preparation of any return or other document in connection with the tax on tobacco, RSA 78, or department rules if: (1) The person knows that the information provided will be used in the preparation of any material document; and(2) The person knows that if used, the information will result in an understatement of tax liability.(c) The penalty shall not be assessed in instances where the licensee adequately disclosed the relevant facts regarding the tax treatment of the item in the manner provided in Rev 1010.03.(d) If, in an adjudicative proceeding or a judicial decision, it is established that there was no understatement of liability and if previously paid by the preparer, then the penalty imposed by RSA 21-J:33-c shall be abated and refunded.(e) The refund of the penalty shall be made without any consideration of any period of limitation for the issuance of a refund.N.H. Admin. Code § Rev 1010.02
#6662, eff 12-25-97; ss by #8526, eff 12-21-05; ss by #10536, eff 3-6-14