N.H. Admin. Code § Rev 704.02

Current through Register No. 50, December 12, 2024
Section Rev 704.02 - Non-Taxable Charges
(a) Non-taxable charges shall include:
(1) Cost added to the rental agreement for insurance coverage on the rented motor vehicle or its contents provided:
a. The amount is separately stated on the rental agreement; and
b. The coverage is offered through the owner of the vehicle;
(2) Amounts added to the rental agreement for damage occurring to the rented motor vehicle during the rental agreement period; and
(3) Cost of motor fuel added to the rental agreement when the fuel is sold by the owner of the motor vehicle and separately stated on the rental agreement.
(b) The operator shall establish a system of control and accounting pursuant to RSA 78-A:19 and Rev 708.01 for non-taxable charges which:
(1) Correctly and accurately reflects the actual charges made;
(2) Separately accounts for such non-taxable charges from other taxable receipts in the books and records of the operator; and
(3) Allocates the taxable and non-taxable charges as if the charges had been made separately in an arm's length transaction.
(c) If through the setting of taxable and non-taxable charges, the proper tax has not been reported, then the department shall assess the tax liability pursuant to RSA 78-A:11.

N.H. Admin. Code § Rev 704.02

#2205, eff 12-12-82; ss by #2504, eff 10-12-83; ss by #3181, eff 1-22-86; ss by #4061, eff 5-29-86; ss by #5399, eff 5-21-92; amd by #5912, eff 10-14-94; ss and moved by #6690, eff 2-21-98 (see Rev 704.04 ); ss by #6750, eff 5-19-98; ss by #6870, eff 10-20-98; ss by #8653, eff 6-8-06

Amended byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10714, Effective 11/7/2014.