N.H. Admin. Code § Rev 802.04

Current through Register No. 50, December 12, 2024
Section Rev 802.04 - Transfers Involving the United States Government
(a) If a person or entity is a party to a transaction with the United States government, that person or entity shall be liable for payment of the applicable portion of the tax under RSA 78-B:4; as in the following example:

Owner owns 500 acres of unimproved real estate in the White Mountains with a fair market value of $500,000. Owner sells all 500 acres to the United States Department of Agriculture for $500,000. No additional consideration is exchanged. Pursuant to RSA 78-B, the transaction shall be deemed a taxable sale, granting or transfer. Pursuant to RSA 78-B:1-a, IV, the amount of consideration shall be $500,000. The United States Department of Agriculture shall be exempt from payment of the tax pursuant to RSA 78-B:2, II. Owner shall be subject to his or her portion of the tax.

(b) The tax imposed by RSA 78-B shall not apply to any agency of the United States government; any instrumentality thereof, or a government corporation which is specifically exempt from state or local taxation under the provisions of federal law including, but not limited to, the:
(1) Department of Veteran's Affairs;
(2) Federal Land Bank;
(3) Farmers Home Administration;
(4) Department of Housing and Urban Development;
(5) Branches of the military; and
(6) Government National Mortgage Association.
(c) In instances where the exempt status of a party to the transfer is uncertain, the county register of deeds shall:
(1) Request evidence from the party that:
a.It is an agency or instrumentality of the United States government; or
b.The party is exempted from state and local taxation under the provision of federal law; or
(2) Advise the director, audit division, of the parties to the transfer and the book and page number of the recording.

N.H. Admin. Code § Rev 802.04

#1169, 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 and moved by #6691, eff 2-21-98 (formerly Rev 802.13), 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.