Section Rev 1611.03 - 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 when the individual or company uses computer software which makes determinations about the applicability of tax laws or the characterization of income and the allowability of deductions or credits.(b) The penalty provided in RSA 21-J:33-c 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 communications services tax law or departmental rules if the person knows: (1) The information provided will be used in the preparation of any material document; and(2) If used, the information will result in an understatement of tax liability.(c) The penalty shall not be assessed in instances where the retailer or customer adequately disclosed the relevant facts regarding the tax treatment of the item.(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 without any consideration of any period of limitation for the issuance of a refund.(e) The refund of the penalty, as provided in (d), above, shall be made without consideration of any period of limitation for the issuance of a refund.N.H. Admin. Code § Rev 1611.03
#6336, eff 9-24-96; ss and moved by #8178, eff 9-24-04 (from Rev 1611.04); ss by #10213, eff 10-24-12
Amended by Number 10, Filed March 9, 2023, Proposed by #13553, Effective 2/7/2023, Expires 2/7/2033 (see Revision Note at chapter heading for Rev 1600).