Bill Text - SB411 (2018)

(New Title) relative to the research and development tax credit.


Revision: Dec. 20, 2017, 8:20 a.m.

SB 411-FN-A - AS INTRODUCED

 

 

2018 SESSION

18-2914

10/05

 

SENATE BILL 411-FN-A

 

AN ACT eliminating the cap on the research and development tax credit.

 

SPONSORS: Sen. Innis, Dist 24; Sen. Bradley, Dist 3; Sen. Gannon, Dist 23; Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Rep. Nigrello, Rock. 16; Rep. Emerick, Rock. 21; Rep. Bean, Rock. 21

 

COMMITTEE: Ways and Means

 

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ANALYSIS

 

This bill removes the annual $7,000,000 total cap amount on the research and development credit against business taxes.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2914

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT eliminating the cap on the research and development tax credit.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Research and Development Credit; Cap Amount Deleted.  Amend RSA 77-A:5, XIII(a) to read as follows:

XIII.(a)  There shall be allowed a research and development tax credit for qualified manufacturing research and development expenditures made or incurred during the fiscal year, as follows:

(1)  [The aggregate of tax credits issued by the commissioner to all taxpayers claiming the credit shall not exceed $7,000,000 for any fiscal year.

(2)]  Each credit shall be used to offset the taxpayer's tax liability within the subsequent 5 tax years.  The amount of the credit shall be the lesser of:

(A)  Ten percent of the excess of the qualified manufacturing research and development expenses for the taxable year over the base amount; or

(B)  [The proportional share of the maximum aggregate credit amount allowed in subparagraph (1);

(C)]  $50,000.

[(3)] (2)  Taxpayers shall apply for the tax credit on forms provided by the commissioner and shall be accompanied by information or records required by the commissioner.  Such application shall be postmarked no later than June 30 following the tax year during which research and development occurred.

[(4)] (3)  A determination on the final amount of the credit awarded by the commissioner to each taxpayer claiming the credit shall be made no later than September 30 of each year.

[(5)] (4)  Wages for which a credit is taken under this paragraph shall not also be eligible for a credit under RSA 162-N.

2  Effective Date.  This act shall take effect July 1, 2018.

 

LBAO

18-2914

11/28/17

 

SB 411-FN-A- FISCAL NOTE

AS INTRODUCED

 

AN ACT eliminating the cap on the research and development tax credit.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

   Expenditures

$0

$0

$0

$0

Funding Source:

  [ X ] General            [ X ] Education            [   ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill removes the $7,000,000 cap on the research and development tax credit.  The Department anticipates the removal of the cap will result in an increased participation in the tax credit program.  The Department has no definitive method to determine how many taxpayers will request the research and development tax credit or the future value of those requests to determine the specific decrease in State General Fund and Education Trust Fund revenue.

 

The Department is able to provide amount of research and development tax credit requests for the period of FY 2016 through FY 2018.

Fiscal Year

Statutory Cap

Amount of R&D Credit Requested

2018

$7,000,000 cap

$7,575,079

2017

$2,000,000 cap

$7,368,097

2016

$2,000,000 cap

$6,725,106

 

AGENCIES CONTACTED:

Department of Revenue Administration