NH BT-Summary

Ron Rosenfeld · Joined: 25 Aug 2007 Posts: 52

NH has a Business Profits Tax which I have to pay some years, and not
others, depending on the vagaries of when I have "constructive receipt" of
office rental payments.

Among the forms to be filled out is the BT-Summary in which one checks off
if one is subject to the BPT (and the BET -- but I never have to pay this).
I never noted before that there was not a "who must file" section of the
instructions; or that checking NO for both the BPT and BET resulted in a
"don't bother to file this form" instruction.

So I called.

According to the nice young lady at the NH Dep't of Revenue Administration,
the BT-Summary does NOT need to be filed if one is not liable for the BPT
or BET. However, she recommended filing it anyway, so that the Dept would
see that I felt I was not liable for the tax this year, and thereby have a
"better" record.

In past years, when I've not been liable to file the BPT, I've not bothered
to file the BT-Summary.

Does her recommendation makes sense? Or should I stick to the maxim of not
filing unrequired forms?
--ron

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Archived from group: misc>taxes>moderated

Katie · Joined: 25 Aug 2007 Posts: 94

On Feb 12, 5:15 am, Ron Rosenfeld wrote:
> NH has a Business Profits Tax which I have to pay some years, and not
> others, depending on the vagaries of when I have "constructive receipt" of
> office rental payments.
>
> Among the forms to be filled out is the BT-Summary in which one checks off
> if one is subject to the BPT (and the BET -- but I never have to pay this).
> I never noted before that there was not a "who must file" section of the
> instructions; or that checking NO for both the BPT and BET resulted in a
> "don't bother to file this form" instruction.
>
> So I called.
>
> According to the nice young lady at the NH Dep't of Revenue Administration,
> the BT-Summary does NOT need to be filed if one is not liable for the BPT
> or BET. However, she recommended filing it anyway, so that the Dept would
> see that I felt I was not liable for the tax this year, and thereby have a
> "better" record.
>
> In past years, when I've not been liable to file the BPT, I've not bothered
> to file the BT-Summary.
>
> Does her recommendation makes sense? Or should I stick to the maxim of not
> filing unrequired forms?
> --ron
>

I haven't checked this out for sure under NH law, but the usual rule
is that if nothing is filed for a given year, the statute of
limitations on that year never starts to run. So theoretically the
state could come back years later and assert a BET or BPT liability.

I'd file the summary if only to start the SOL running.

Katie in San Diego

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Ron Rosenfeld · Joined: 25 Aug 2007 Posts: 52

On Thu, 14 Feb 2008 14:58:16 EST, Katie wrote:

>I haven't checked this out for sure under NH law, but the usual rule
>is that if nothing is filed for a given year, the statute of
>limitations on that year never starts to run. So theoretically the
>state could come back years later and assert a BET or BPT liability.
>
>I'd file the summary if only to start the SOL running.
>
>Katie in San Diego

Excellent point! Thanks.
--ron

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