HB 155-FN - AS AMENDED BY THE SENATE
8Jan2026... 2983h
05/07/2026 1652s
05/07/2026 1754s
2025 SESSION
25-0504
07/05
HOUSE BILL 155-FN
SPONSORS: Rep. Sweeney, Rock. 25; Rep. Alexander Jr., Hills. 29; Rep. Berry, Hills. 44; Rep. Osborne, Rock. 2
COMMITTEE: Ways and Means
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AMENDED ANALYSIS
This bill:
I. Raises the amount of income needed before businesses are required to file a business enterprise tax return with the department of revenue administration.
II. Appropriates funds to the department of health and human services for certain licensed nursing facilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Jan2026... 2983h
05/07/2026 1652s
05/07/2026 1754s 25-0504
07/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Business Enterprise Tax; Returns. Amend RSA 77-E:5, I to read as follows:
I. Every business enterprise having gross business receipts in excess of [$250,000] $375,000 as defined by RSA 77-E:1, X, during the taxable period or the enterprise value tax base of which is greater than [$250,000] $375,000 shall, on or before the fifteenth day of the third month in the case of enterprises required to file a United States partnership tax return, the fifteenth day of the fifth month in the case of enterprises required to file a United States exempt organization return, and the fifteenth day of the fourth month in the case of all other business enterprises, following expiration of its taxable period, make a return to the commissioner. For tax years beginning January 1, [2015] 2029, the commissioner shall biennially adjust these threshold amounts rounding to the nearest $1,000 based on the 2-year (24-month) percentage change in the Consumer Price Index for All Urban Consumers, Northeast Region as published by the Bureau of Labor Statistics, United States Department of Labor using the amount published for the month of June in the year prior to the start of the tax year. All returns shall be signed by the business enterprise or by its authorized representative, subject to the pains and penalties of perjury and the penalties provided in RSA 21-J:39.
2 Appropriation; Department of Health and Human Services. The sum of $2,500,000 for the fiscal year ending June 30, 2026, which shall be nonlapsing, is hereby appropriated to the department of health and human services for the purpose of supporting nursing home Medicaid per diem rate stabilization. The funds shall be drawn first from excess Medicaid enhancement tax revenues above the estimates contained in the operating budget and any other accounts for fiscal year 2026, and then, in the event that available Medicaid enhancement tax revenues are insufficient, from state general funds. The department is authorized to accept and expend any matching federal funds without prior approval of the fiscal committee. The governor is authorized to draw a warrant for the general fund share, if any, out of any money in the treasury not otherwise appropriated.
I. Section 1 of this act shall take effect January 1, 2027.
II. The remainder of this act shall take effect upon its passage.
25-0504
1/20/26
HB 155-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2025-2983h)
AN ACT reducing the rate of the business enterprise tax.
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Revenue | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | ||
Revenue Fund(s) | General Fund and Education Trust Fund | |||||
Expenditures* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill reduces the Business Enterprise Tax (BET) rate from 0.55% to 0.50% for taxable periods ending on or after December 31, 2027. The Department of Revenue Administration states the fiscal impact is indeterminable as the Department is not able to predict future BET tax revenue. Based on the following assumptions/information, the Department is able to estimate a possible fiscal impact:
The first table below provides the tax rates and splits. The second table provides an estimated impact the rate changes will have on revenue.
Table 1. Proposed Legislation Rates and Splits
Fiscal Year | Tax Year | % Applicable to Tax Year | BET Rates |
Fiscal Year 2027 | Tax Year 2025 | 12% | 0.55% |
Tax Year 2026 | 69% | 0.55% | |
Tax Year 2027 | 19% | 0.50% | |
Fiscal Year 2028 | Tax Year 2026 | 12% | 0.55% |
Tax Year 2027 | 69% | 0.50% | |
Tax Year 2028 | 19% | 0.50% | |
Fiscal Year 2029 and forward | Tax Year 2027 | 12% | 0.50% |
Tax Year 2028 | 69% | 0.50% | |
Tax Year 2029 | 19% | 0.50% |
Table 2. BET Rate Change Fiscal Impact - Static Analysis
Fiscal Year | TY 2023 Revenues with Current Law | Estimated Revenues with Proposed Legislation | Estimated Fiscal Impact Per Year (Proposed Legislation Compared to Current Law) | Cumulative Fiscal Impact (Proposed Legislation Compared to Current Law) |
2026 | $264,700,000 | $264,700,000 | $0 | $0 |
2027 | $264,700,000 | $260,100,000 | ($4,600,000) | ($4,600,000) |
2028 | $264,700,000 | $243,500,000 | ($21,200,000) | ($25,800,000) |
2029 and forward | $264,700,000 | $222,300,000 | ($24,100,000) | ($49,900,000) |
The fiscal impact of the proposed rate reduction as depicted in the above table may be overstated or understated for future years depending on whether actual revenue is more or less than the TY 2023 revenue.
The Department would need to update all necessary tax return forms and electronic management systems to reflect the change in the BET rate; however, it is not anticipated this will result in any additional administrative costs that could not be absorbed in the Department's operating budget.
AGENCIES CONTACTED:
Department of Revenue Administration
| Date | Amendment |
|---|---|
| Oct. 20, 2025 | 2025-2983h |
| April 14, 2026 | 2026-1482s |
| April 28, 2026 | 2026-1652s |
| May 7, 2026 | 2026-1754s |
| May 12, 2026 | 2026-1913s |
| Date | Body | Type |
|---|---|---|
| Jan. 28, 2025 | House | Hearing |
| March 4, 2025 | House | Exec Session |
| Oct. 6, 2025 | House | Exec Session |
| Oct. 17, 2025 | House | Floor Vote |
| Jan. 8, 2026 | House | Floor Vote |
| Feb. 4, 2026 | Senate | Hearing |
| April 22, 2026 | Senate | Hearing |
| May 7, 2026 | Senate | Floor Vote |
| May 14, 2026 | Senate | Floor Vote |
May 14, 2026: HB 155 was Removed from the Consent Calendar; 05/14/2026; SJ 12
May 12, 2026: Committee Report: Ought to Pass with Amendment # 2026-1913s, 05/14/2026; Vote 8-0; CC; SC 18A
May 7, 2026: Ought to Pass with Amendments #2026-1652s, and #2026-1754s, MA, VV; Refer to Finance Rule 4-5; 05/07/2026; SJ 11
May 7, 2026: Sen. Lang Floor Amendment # 2026-1754s, AA, VV; 05/07/2026; SJ 11
May 7, 2026: Committee Amendment # 2026-1652s, AA, VV; 05/07/2026; SJ 11
April 28, 2026: Committee Report: Ought to Pass with Amendment # 2026-1652s, 05/07/2026, Vote 5-0; SC 17
April 14, 2026: Hearing: 04/22/2026, Room 122-123, SH, 09:00 am, on proposed non-germane amendment # 2026-1482s; SC 15
Jan. 28, 2026: Hearing: 02/04/2026, Room 122-123, SH, 09:30 am; SC 4
Jan. 15, 2026: Introduced 01/07/2026 and Referred to Ways and Means; SJ 2
Jan. 8, 2026: Ought to Pass with Amendment 2025-2983h: MA RC 189-165 01/08/2026 HJ 2 P. 21
Jan. 8, 2026: Amendment # 2025-2983h: AA VV 01/08/2026 HJ 2 P. 21
Jan. 8, 2026: Special Order to the next order of business (Rep. Osborne): MA VV 01/08/2026 HJ 2 P. 20
Oct. 20, 2025: Minority Committee Report: Inexpedient to Legislate
Oct. 20, 2025: Majority Committee Report: Ought to Pass with Amendment # 2025-2983h 10/17/2025 (Vote 11-9; RC) HC 51 P. 45
Oct. 20, 2025: Executive Session: 10/06/2025 10:00 am GP 159
Sept. 16, 2025: ==CANCELLED== Full Committee Work Session: 10/08/2025 10:00 am GP 159
Sept. 16, 2025: Full Committee Work Session: 10/06/2025 10:00 am GP 159
March 5, 2025: Retained in Committee
Feb. 27, 2025: Executive Session: 03/04/2025 11:00 am LOB 202-204
Jan. 22, 2025: Public Hearing: 01/28/2025 10:45 am LOB 202-204
Jan. 6, 2025: Introduced 01/08/2025 and referred to Ways and Means HJ 2 P. 8