Enlarge image | NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION 45 CHENELL DRIVE PO BOX 637 CONCORD NH 03302-0637 This booklet contains the Estate Tax Forms and instructions NEW HAMPSHIRE necessary for filing the NH Estate Tax Return and estimated payments. Estate DUE DATE: The return is due no later than 9 months from the date of death. Tax Booklet EXTENSIONS: An extension to file the NH-706 Estate Tax Return may be granted by the Department of Revenue Administration if a copy of the approved Federal Extension is attached to the tax return when filed. Please note, however, that an extension of time to file the return does not extend the time to pay the tax. NEED HELP OR FORMS: Copies of forms, laws and administrative This booklet contains: rules may be obtained from our website at http://www.state.nh.us/ revenue, or by calling our forms line at (603) 271-2192 or by contacting General Instructions the Audit Division taxpayer assistance between 8:00 am and 4:30 pm at (603) 271-2580. FORM NH-706 Individuals who need auxiliary aids for effective eommunications in programs and services of the New hampshire Department of Revenue FORM NH-706-ES Administration are invited to make their needs and preferences known to the Department. Individuals with hearing or speech impairments may call TDD Access: Relay NH 1-800-735-2964. |
Enlarge image | FORM NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION L&S LEGACY, SUCCESSION AND ESTATES Glossary GLOSSARY OF TERMS ACCOUNT The accounting, which includes all the assets received and expenses paid by the executor or administrator, to be filed with the Probate Court. ADMINISTRATOR A person appointed by the court to manage the assets and liabilities of the decedent. ALTERNATE VALUE The value of an asset as determined 6 months after the date of death. BEQUEATH To give real and personal property by Will to another. BEQUEST The act of giving property by Will. DATE OF DEATH The date of the decedent's death. DECEDENT The person who is no longer living. DISCLAIMER The rejection, refusal, or renunciation of interest, right, or property which passed at the date of death of a decedent. ESTATE Probate and non-probate assets. EXECUTOR A person appointed by the decedent to carry out the requests of the Will. FAIR MARKET VALUE A price at which a willing seller and a willing buyer will trade. FIDUCIARY A person or institution who manages money or property for another. GIFTS Something voluntarily transferred by one person to another without compensation. GROSS ESTATE All real and personal property in which the decedent had an interest. HEIR A person who inherits under the laws of intestacy without a Will. INTESTATE LAWS Laws which prescribe the disposition of assets for persons who die without a Will or Testament. JOINT TENANT A term used to express a common property interest or a common liability incurred by two or more persons. JOINT TRANSFER A transfer of real or personal property between joint tenants. LEGACY The disposition by a last Will and Testament of personal or real property or interests. LEGATEE A person who receives an interest in personal or real property from a decedent under a Will. NET ESTATE The difference between the assets and the debts and expenses of an estate. PERSONAL PROPERTY Property other than real property. PROBATE ESTATE The property of a decedent that is subject to administration by the executor or the administrator. PROMISSORY NOTE A promise or agreement in writing to pay a specific sum at the time therein limited, or on demand or at sight to a person therein named or to its owner or bearer. PUBLIC CHARITY An organization which qualifies as an exempt organization under Section 501(C)(3) of the Internal Revenue Code of 1986 or its predecessor section. REAL ESTATE/ Property that is permanent, fixed and immovable and includes all land and buildings thereon. REAL PROPERTY REST & RESIDUE Remainder of the estate after debts, expenses of administration and specific bequests to legatees have been satisfied. SPECIFIC BEQUEST A gift by Will of a certain article or part of an estate to a legatee. SPOUSE One's husband or wife; and, "surviving spouse," is one of a married pair who outlives the other. SUCCESSION The transmission of the rights and obligation of a deceased person to his or her heirs. TANGIBLE PERSONAL Personal property which has physical substance. PROPERTY TENANT IN COMMON Ownership by two or more persons, each owning an undivided share of the whole. TRANSFERS A conveyance of rights, title or interest in real or personal property from one person to another. TRUST A right of property, real or personal, held by one party for the benefit of another. L&S Glossary Rev. 11/00 |
Enlarge image | FORM NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION NH-706 ESTATE TAX RETURN 161 PLEASE PRINT OR TYPE FOR DRA USE ONLY STEP 1 ESTATE OF: LAST NAME FIRST NAME MIDDLE INITIAL DECEDENT'S SSN DATE OF DEATH NAME ADDRESS DOMICLE AT DATE OF DEATH: STREET CITY/TOWN STATE COUNTY PROBATE NO. SSN FEIN NAME OF EXECUTOR/ADMINISTRATOR: LAST NAME FIRST NAME MIDDLE INITIAL EXECUTOR'S/ADMINISTRATOR'S SSN OR FEIN EXECUTOR/ADMINISTRATOR ADDRESS: STREET CITY/TOWN STATE ZIP CODE STEP 2 Authorization is granted to the representative listed below to receive confidential tax information under RSA 21-J:14 and to act as the POWER estate's representative before the NH Department of Revenue Administration. OF NAME OF REPRESENTATIVE: STREET CITY/TOWN STATE ZIP CODE (AREA CODE) TELEPHONE NO. ATTORNEY SIGNATURE OF EXECUTOR/ADMINISTRATOR (THIS LINE MUST BE SIGNED TO GRANT A POWER OF ATTORNEY): STEP 3 Has an extension to file the Federal Estate Tax Return been granted? Yes No If yes, attach a copy of the approved CHECK Federal Extension request. THE BOXES Is this an Initial Return or Amended Return? STEP 4 1 Gross credit for state death taxes allowed on Federal Estate Tax Return.............. 1 FIGURE ESTATE 2 Gross value of property located in New Hampshire................................................ 2 TAX 3 Value of total gross estate for Federal Estate Tax purposes................................... 3 4 Percent of property located in New Hampshire (Line 2 divided by Line 3, expressed as a decimal to three places)........................ 4 . 5 New Hampshire Estate Tax (Line 4 multiplied by Line 1)................................................................................................ 5 STEP 5 6 Credits: (a) Estimated tax paid................................................................ 6(a) FIGURE CREDITS (b) Credits allowed under RSA 86............................................ 6(b) INTEREST (c) Tax paid with original return (amended returns only).......... 6(c) AND (d) Other credits or payments (Attach explanation)........................... 6(d) PENALTIES 6 TOTAL CREDITS................................................................................................................................................ 6 7 Balance of tax due (Line 5 less Line 6).............................................................................................................. 7 8 Additions to tax: (a) Interest................................................................................ 8(a) (b) Failure to pay....................................................................... 8(b) (c) Failure to file........................................................................ 8(c) 9 TOTAL ADDITIONS TO TAX.............................................................................................................................. 9 STEP 6 10 Balance Due (Line 7 plus Line 9) Make check payable to: State of New Hampshire....................................... 10 BALANCE 11 Refund Due (Line 6 less Line 5, adjusted by Line 9)........................................................................................ 11 DUE OR REFUND THIS RETURN MUST BE ACCOMPANIED BY A COMPLETE COPY OF THE FEDERAL ESTATE TAX RETURN (FORM 706) STEP 7 Under penalties of perjury, I declare that I have examined this return and to the best of my belief it is true, correct and complete. If prepared by SIGNATURE a person other than the taxpayer, this declaration is based on all information of which the preparer has knowledge. FOR DRA USE ONLY SIGNATURE OF EXECUTOR/ADMINISTRATOR DATE PREPARER'S SIGNATURE IF OTHER THAN EXECUTOR/ADMINISTRATOR DATE PREPARER'S TAX IDENTIFICATION NUMBER NH DEPT OF REVENUE ADMINISTRATION PREPARER'S ADDRESS MAIL DOCUMENT PROCESSING DIVISION TO: PO BOX 637 CONCORD NH 03302-0637 CITY/TOWN, STATE & ZIP CODE NH-706 Rev 11/00 |
Enlarge image | FORM NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION NH-706 ESTATE TAX RETURN Instructions GENERAL INSTRUCTIONS WHO MUST FILE The executor or administrator must file a Form NH-706 Estate Tax Return if: A resident decedent has a total gross estate of $600,000 or more, prior to and through 1997, and files a Federal Form 706; or a resident decedent has a total gross estate of $625,000 or more through 1998 and files a Federal Form 706 (See chart below for other years); or a non-resident decedent owns real estate and/or tangible personal property in NH and files a Federal Form 706. Calendar Year Credit Amount Calendar Year Credit Amount 1998 $ 625,000 2002 & 2003 $ 700,000 1999 $ 650,000 2004 $ 850,000 2000 $ 675,000 2005 $ 950,000 2001 $ 675,000 2006 $ 1,000,000 IRC Section: 2035 Effective Date 8/5/97 RSA 87:1 WHAT TO FILE You must file the Form NH-706 Estate Tax Return along with full payment within 9 months from the decedent's date of death. If the return cannot be filed on time, then file a Form NH-706 Estimate with full payment of the tax due. WHEN TO FILE The Form NH-706 Estate Tax Return and payment are due 9 months from the decedent's date of death. WHERE TO FILE NH DEPARTMENT OF REVENUE ADMINISTRATION DOCUMENT PROCESSING DIVISION PO BOX 637 CONCORD, NH 03302-0637 FACSIMILE DOCUMENTS ARE NOT ACCEPTED WHAT YOU A complete copy of the Federal Form 706 as filed with the United States Internal Revenue Service including all attachments WILL NEED must be filed with the Form NH-706 Estate Tax Return. CONFIDENTIAL Disclosure of Social Security Numbers is mandatory under Department of Revenue Administration rules 203.01, 221.02, INFORMATION 221.03 and 1308.04 (a). This information is required for the purpose of administering the tax laws of this state and authorized by 42 U.S.C.S. ยง 405 (c)(2)(C)(i). Tax information which is disclosed to the New Hampshire Department of Revenue Administration is held in strict confidence by law. The information may be disclosed to the United States Internal Revenue Service, agencies responsible for the administration of taxes in other states in accordance with compacts for the exchange of information, and as otherwise authorized by New Hampshire Revised Statutes Annotated 21-J:14. The failure to provide Social Security Numbers may result in the rejection of a return or application. The failure to timely file a return or application complete with Social Security Account Numbers may result in the imposition of civil or criminal penalties, the disallowance of claimed exemptions, exclusions, credits, deductions, or adjustment that may result in increased tax liability. EXTENSION An extension to file will be granted only when a copy of the approved Federal Extension is attached to the Form NH-706 Estate TO FILE Tax Return. PAYMENT OF An executor or administrator may make an estimated payment of the tax liability using a Form NH-706 Estimated Estate Tax ESTIMATED TAX payment form. ROUNDING OFF Money items on all Form NH-706 Estate Tax may be rounded off to the nearest whole dollar. TO WHOLE DOLLARS NEED FORMS Forms are available at each county Probate Court or by calling the Department's forms line (603) 271-2192, 24 hours a day, OR HELP 7 days a week. For taxpayer assistance, call the New Hampshire Department of Revenue Administration, Audit Division at (603) 271-2580, Monday through Friday, 8:00 a.m. to 4:30 p.m. Hearing or speech impaired individuals may call TDD Access: Relay NH 1-800-735-2964. PROBATE Questions regarding Probate Court documents of filing should be directed to the Probate Court in the County where the COURT decedent resided. Belknap County (603) 524-0903 Hillsborough County (603) 882-1231 Carroll County (603) 539-4123 Merrimack County (603) 224-9589 CheshireCounty (603) 357-7786 Rockingham County (603) 642-7117 Coos County (603) 788-2001 Stratford County (603) 742-2550 Grafton County (603) 787-6931 Sullivan County (603) 863-3150 NH 706 Instructions Rev. 11/00 |
Enlarge image | FORM NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION NH-706 Instructions ESTATE TAX RETURN LINE-BY-LINE INSTRUCTIONS STEP 1 Type or print the name of the decedent, the domicile of the decedent at date of death, the decedent's social security number, the date of death, and the probate number if applicable. Type or print the executor or administrator name, address and social security number or federal employer identification number. STEP 2 Complete this section if someone other than the executor or administrator will represent the estate on matters dealing with this tax return. THE EXECUTOR OR ADMINISTRATOR MUST SIGN ON THIS LINE IN ADDITION TO SIGNING THE RETURN FOR THE POWER OF ATTORNEY TO BE EFFECTIVE. STEP 3 Check the Initial Return box only if this is the first Form NH-706 Return that has ever been filed. Check the Amended Return box if this is the second (or additional) return that has been filed for this estate. Attach a copy of approved Federal Extension request. STEP 4 Line 1 Enter the amount from line 15 (credit for state death taxes) found on the Federal Estate Tax Return (Form 706). Line 2 Enter the total value of real and personal property located in New Hampshire as of the decedent's date of death. Line 3 Enter the amount from line 1, Federal Estate Tax Return (Form 706). Line 4 Enter the percent of the property located in New Hampshire (Line 2 divided by Line 3), expressed as a decimal to 3 places. Line 5 Enter the New Hampshire Estate Tax (Line 1 multiplied by Line 4). STEP 5 Line 6 (a) Enter the amount of estimated tax paid with Form NH-706-ES. (b) Enter the amount of tax paid under RSA 86. (c) Enter the amount paid with the original return. (d) Enter any other credits or payments and attach an explanation. Line 6 Enter the total of lines 6(a) - 6(d). Line 7 Enter the total amount of line 5 minus line 6. Line 8 (a) INTEREST. Interest is calculated on the balance of tax due (line 7) from the original due date to the date paid at the applicable rate listed below. Tax due x number of days from due date to date tax was paid x daily rate decimal equivalent. x x . = Enter on line 8 (a). Tax Due (line 7) Number of Days Daily decimal rate equivalent Interest Due (see below for applicable rates) NOTE: The interest rate is recomputed each year under the provisions of RSA 21-J:28, II. Applicable rates are as follows: (contact the department for applicable rates in any other year) PERIOD RATE DAILY RATE DECIMAL EQUIVALENT 1/1/2002 - 12/31/2002 9% .000274 1/1/2001 - 12/31/2001 11% .000301 1/1/1999 - 12/31/2000 10% .000274 1/1/1998 - 12/31/1998 11% .000301 Prior to 1/1/98 15% .000411 (b) FAILURE TO PAY: A penalty equal to 10% of any nonpayment or underpayment of taxes shall be imposed if the taxpayer fails to pay the tax when due and the failure to pay is due to willful neglect or intentional disregard of the law but without intent to defraud. If the failure to pay is due to fraud, the penalty shall be 50% of the amount of the nonpayment or underpayment. (c) FAILURE TO FILE: A taxpayer failing to timely file a complete return will be subject to a penalty equal to 5% of the tax due or $10, whichever is greater, for each month or part thereof that the return remains unfiled or incomplete. The total amount of this penalty shall not exceed 25% of the balance of tax due or $50, whichever is greater. Calculate this penalty starting from the original due date of the return until the date a complete return is filed. Line 9 Enter the sum of lines 8(a), 8(b) and 8(c). STEP 6 Line 10 If the total tax (Line 5) plus interest and penalties (Line 9) is greater than the amount previously paid, (Line 6), then enter the balance due. If less than $1.00, do not pay, but still file the return. Make check or money order payable to: STATE OF NEW HAMPSHIRE. To ensure that the check is credited to the proper account, please put the decedent's name and social security number on the check. Line 11 If the total tax (Line 5) plus interest and penalties (Line 9) is less than the amount previously paid, (Line 6), then you have overpaid the tax and a refund is due. Enter the amount on line 11. Please allow 12 weeks for processing your refund. STEP 7 This return must be accompanied by a complete copy of the Federal Estate Tax Return, Form 706. The return must be dated and signed in ink by the executor or administrator. If the return was completed by a paid preparer, then the preparer must also sign and date the return. The preparer must also enter their Federal Employer Identification Number or Preparer's Tax Identification Number and complete address. NH-706 Instructions Rev. 11/01 |
Enlarge image | FORM NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION NH-706-ES ESTIMATED ESTATE TAX 162 INSTRUCTIONS WHEN TO An estimate payment of the tax due may be made prior to 9 months from the date of death, even if the tax return is under Federal FILE Extension. 100% of the tax due must be paid on or before 9 months from the date of death regardless of whether estimated payments are made. WHERE TO NH Department of Revenue Administration, PO Box 637, Concord, NH 03302-0637 FILE NEED HELP Call the New Hampshire Department of Revenue Administration, Audit Division (603) 271-2580. Hearing or speech impaired individuals may call TDD Access: Relay NH 1-800-735-2964. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (cut along this line) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FORM NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION NH-706-ES ESTIMATED ESTATE TAX 162 PAYMENT FORM Due: On or Before Please Print or Type FOR DRA USE ONLY Nine Months From ESTATE OF : LAST NAME FIRST NAME MIDDLE INITIAL DECEDENT'S SSN DATE OF DEATH Date of Death DOMICILE AT DATE OF DEATH: ADDRESS CITY/TOWN STATE COUNTY PROBATE NUMBER FOR DRA USE ONLY NAME OF EXECUTOR/ADMINISTRATOR: LAST NAME FIRST NAME MIDDLE INITIAL EXECUTOR/ADMINISTRATOR SSN OR FEIN EXECUTOR/ADMINISTRATOR: ADDRESS CITY/TOWN STATE ZIP CODE Amount of This Payment $ NH DEPT OF REVENUE ADMINISTRATION MAIL DOCUMENT PROCESSING DIVISION Make checks payable to: STATE OF NEW HAMPSHIRE TO: PO BOX 637 Enclose, but do not staple or tape, your payment with CONCORD NH 03302-0637 this estimate. Do not file a $0 estimate. NH-706-ES Rev. 11/00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (cut along this line) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FORM NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION NH-706-ES ESTIMATED ESTATE TAX 162 PAYMENT FORM Due: On or Before Please Print or Type FOR DRA USE ONLY Nine Months From Date of Death ESTATE OF : LAST NAME FIRST NAME MIDDLE INITIAL DECEDENT'S SSN DATE OF DEATH DOMICILE AT DATE OF DEATH: ADDRESS CITY/TOWN STATE COUNTY PROBATE NUMBER FOR DRA USE ONLY NAME OF EXECUTOR/ADMINISTRATOR: LAST NAME FIRST NAME MIDDLE INITIAL EXECUTOR/ADMINISTRATOR SSN OR FEIN EXECUTOR/ADMINISTRATOR: ADDRESS CITY/TOWN STATE ZIP CODE Amount of This Payment $ NH DEPT OF REVENUE ADMINISTRATION MAIL DOCUMENT PROCESSING DIVISION Make checks payable to: STATE OF NEW HAMPSHIRE TO: PO BOX 637 Enclose, but do not staple or tape, your payment with CONCORD NH 03302-0637 this estimate. Do not file a $0 estimate. NH-706-ES Rev. 11/00 |