N.H. Admin. Code § Rev 802.01

Current through Register No. 1, January 2, 2025

Section Rev 802.01 - Taxable Transfers

Each sale, granting and transfer of real estate shall be subject to the real estate transfer tax, including, but not limited to:

(a) All sales, grantings, and transfers of real estate or interests in real estate unless specifically exempted under RSA 78-B:2;

(b) A sale, granting, or transfer of standing timber, occurring apart from the sale, granting, or transfer of the land on which it stands, except timber sold for harvesting on behalf of the owner of the right to harvest the timber;

(c) A sale or granting of a right-of-way or an easement on property as in the following example:

Owner A owns waterfront property. Owner B's property abuts Owner A's property and does not have water access. Owner A grants Owner B an easement so that Owner B can cross Owner A's property for purposes of accessing the water to canoe. Owner B pays Owner A $10,000 for the easement. No additional consideration is exchanged. The transfer between Owner A and Owner B shall be deemed a taxable sale, granting or transfer pursuant to RSA 78-B. Pursuant to RSA 78-B:1-a, IV, the amount of consideration shall be $10,000.

(d) A transfer of real estate or any interest therein through a foreclosure or by a deed in lieu of foreclosure even in instances where the transferee and the transferor are the same person or entity as in the following example:

Company owns a building valued at $1 million. Mortgage Lender lent Company $1 million to purchase building. Company ceases making monthly mortgage payments with $600,000 remaining due to Mortgage Lender and Mortgage Lender takes title to the property by deed in lieu of foreclosure. The sale by deed in lieu of foreclosure shall be deemed a taxable sale, granting or transfer pursuant to RSA 78-B. Pursuant to RSA 78-B:1-a, IV, the amount of consideration shall be $600,000.

(e) A sale, granting or transfer of real estate or an interest in real estate by a trustee in bankruptcy;

(f) The lease of real estate based on the fair market value of the leased property when the term of the lease is:

(1) For a period of 99 years or more; or

(2) For a period of less than 99 years and renewal rights could extend the total period of time to 99 years or more;

(g) Property transferred through a deed issued as a result of a sheriff's sale;

(h) The transfer of an exclusive interest in or right to take soil, gravel, minerals and the like from another's real estate; and

(i) The transfer of each parcel of real estate transferred as part of an exchange or swap of real estate or an interest in real estate, whether or not the exchange or swap qualifies for a federal income tax deferral as in the following example:

Leasing Company, LLC owns apartment building A valued at $250,000, which is located in New Hampshire. Leasing Company, LLC paid $100,000 for apartment building A. Leasing Company, LLC sells apartment building A to Buyer for $250,000. No additional consideration is exchanged. Leasing Company, LLC uses the sale proceeds to purchase apartment building B from Seller. The total price paid for apartment building B is $2 million. No additional consideration is exchanged. Leasing Company, LLC's gain associated with the sale of apartment building A shall be deferred for federal income tax purposes because the proceeds from the relinquished property were used to purchase "like-kind" replacement property in accordance with Internal Revenue Code Section 1031. Pursuant to RSA 78-B, the transfer between Leasing Company, LLC and Buyer shall be deemed a taxable sale, granting or transfer. Pursuant to RSA 78-B:1-a, IV, the amount of consideration shall be $250,000. Pursuant to RSA 78-B, the transfer between Leasing Company, LLC and Seller shall be deemed a taxable sale, granting or transfer. Pursuant to RSA 78-B:1-a, IV, the amount of consideration shall be $2 million.

N.H. Admin. Code § Rev 802.01

#ll69, eff 5-23-78; ss by #2154, eff 10-11-82; ss by #2822, eff 8-17-84; ss by #5300, eff 12-26-91; ss by #6691, eff 2-21-98, EXPIRED: 2-21-06

New. #8579, eff 3-8-06

Amended byVolume XXXIV Number 41, Filed October 9, 2014, Proposed by #10665, Effective 9/9/2014, Expires9/9/2024.

Amended by Volume XXXV Number 32, Filed August 13, 2015 , Proposed by #10882, Effective 7/11/2015, Expires7/11/2025.