HB155 (2026) Detail

Reducing the rate of the business enterprise tax.


HB 155-FN - AS AMENDED BY THE HOUSE

 

8Jan2026... 2983h

2025 SESSION

25-0504

07/05

 

HOUSE BILL 155-FN

 

AN ACT reducing the rate of the business enterprise tax.

 

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 reduces the rate of the business enterprise tax for tax years ending on or after December 31, 2027.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 25-0504

07/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT reducing the rate of the business enterprise tax.

 

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

 

1 New Paragraph; Business Enterprise Tax; Rate Reduced. Amend RSA 77-E:2 by inserting after paragraph II the following new paragraph:

III. For all taxable periods ending on or after December 31, [2026] 2027, a tax is imposed at the rate of 0.50 percent upon the taxable enterprise value tax base of every business enterprise.

2 Effective Date. This act shall take effect July 1, [2025] 2026.

 

LBA

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.

 

 

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:

  • reducing the BET rate will also reduce the BET credit available to offset the Business Profits Tax (BPT), increasing BPT revenue.  However, the BPT increase will be less than the BET decrease as not all taxpayers have a BPT liability to be offset by the BET credit and not all taxpayer's BET liability exceeds the BPT credit.  In those situations the BET loss in revenue is not offset by an increased BPT liability.
  • the starting point for calculating the fiscal impact on FY 2027 thru FY 2029 revenues is the Tax Year 2023  BET tax base of $42,000,000,000.
  • based on a tax year revenue analysis of prior fiscal years, it was determined fiscal year tax revenue is comprised of 12 percent from the tax year 2 years ago, 69 percent is from the tax year 1 year ago and 19 percent from the current tax year.  (See table 1 below)

 

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

 

Amendments

Date Amendment
Oct. 20, 2025 2025-2983h

Links


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

Bill Text Revisions

HB155 Revision: 50342 Date: Jan. 20, 2026, 4:12 p.m.
HB155 Revision: 49039 Date: Oct. 20, 2025, 11:39 a.m.
HB155 Revision: 45830 Date: Jan. 4, 2025, 10:10 p.m.

Docket


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


Jan. 8, 2026: Amendment # 2025-2983h: AA VV 01/08/2026 HJ 2


Jan. 8, 2026: Special Order to the next order of busisness (Rep. Osborne): MA VV 01/08/2026 HJ 2


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