Section Rev 310.03 - Aiding and Abetting an Understatement of Tax Liability(a) The penalty provided in RSA 21-J:33-c shall be assessed against any person who assists in, procures or advises in the preparation of any return or other document in connection with the business profits tax or departmental rules if the person knows that:(1) The information provided shall be used in the preparation of any material document; and(2) If used, the information shall result in an understatement penalty of tax liability.(b) The understatement penalty shall not be assessed in instances where the business organization adequately disclosed the relevant facts regarding the tax treatment of the item in the manner provided in Rev 310.01(b).(c) If, in an adjudicative proceeding decision or a judicial decision, it is established that there was no understatement penalty of liability and if previously paid by the tax preparer, then the understatement penalty imposed by RSA 21-J:33-c shall be abated and refunded.(d) The refund of the understatement penalty shall be made without any consideration of any period of limitation for the issuance of a refund.N.H. Code Admin. R. Rev 310.03
#5355, eff 3-16-92, EXPIRED: 3-16-98
New. #6853, eff 9-23-98; ss by #8709, eff 8-25-06
Amended byVolume XXXV Number 06, Filed February 12, 2015 , Proposed by #10758, Effective 1/16/2015, Expires1/16/2025.