What is the New Hampshire franchise tax

New Hampshire doesn't have a traditional franchise tax. Instead, the state operates a unique dual business tax system consisting of:

  • The Business Enterprise Tax (BET) 
  • The Business Profits Tax (BPT). 

These two taxes effectively serve the same purpose as franchise taxes in other states, generating revenue from businesses operating within state borders. This system is governed by RSA 77-E for the Business Enterprise Tax and RSA 77-A for the Business Profits Tax. 

Unlike many states that use net worth or capital stock calculations, New Hampshire's approach features a dual framework that broadly applies to most entity types and business activities, creating a more comprehensive business tax structure than traditional franchise taxes.

Who must file?

New Hampshire's dual tax system applies to business entities operating in the state, but the specific tax obligations vary significantly by entity type. The system covers corporations, LLCs, partnerships, and sole proprietorships, whether they're domestic entities formed in New Hampshire or foreign entities doing business in the state. 

Importantly, New Hampshire doesn't recognize federal tax elections, so S corporations are treated as C corporations for state tax purposes. 

All New Hampshire businesses must file Form BT-Summary regardless of whether they meet the tax thresholds or owe any tax.

Exceptions and special cases

Most 501(c)(3) organizations are exempt from New Hampshire business taxes, though nonprofits with unrelated business taxable income may still have filing obligations. The exemption depends on specific activities and whether income is generated outside the exempt purpose.

New Hampshire eliminated its Interest and Dividends Tax effective January 1, 2025, after the rate dropped to 3% for periods ending on or after December 31, 2024. 

How to file

File both taxes using New Hampshire's Granite Tax Connect (GTC) portal, which provides immediate confirmation and faster processing than paper submissions. Supporting documentation includes federal tax returns and apportionment worksheets for multi-state businesses. Payment options include electronic funds transfer and other standard methods through the GTC portal. 

Due dates and deadlines

Filing deadlines vary by entity type: 

  • Corporations must file by the 15th day of the 3rd month after year-end (March 15 for calendar year)
  • Partnerships, proprietorships, and fiduciaries file by the 15th day of the 4th month after the end of the year (April 15 for calendar year). 

Estimated payments are required quarterly if the expected liability exceeds certain thresholds.

Penalties and compliance

New Hampshire imposes penalties for late filing and payment of taxes, including a 5% monthly late filing penalty (up to 25% of tax due) and a 10% late payment penalty (50% for fraud). Additional penalties may apply for electronic payment non-compliance or failure to maintain registered agent information and file annual reports, potentially leading to administrative suspension or dissolution. Interest also accrues daily on overdue amounts.

New Hampshire franchise tax filing requirements

No certificate of good standing is required to file New Hampshire business tax returns (BPT and BET). There are no separate filing fees for tax returns beyond the calculated tax liability itself. However, maintaining good standing status is essential for business operations, as entities that lose good standing may face significant consequences, including losing the ability to bring legal action in state courts.

Additional New Hampshire compliance requirements

Foreign entities conducting business in New Hampshire must register with the Secretary of State before operating, requiring the appointment of a registered agent and filing a Certificate of Authority ($100 filing fee). 

The state also requires registered entities to file annual reports with the Secretary of State to maintain good standing. This is separate from tax filing requirements and must be filed by April 1st of each year.

While these Secretary of State fees are separate from tax obligations, they are part of the overall compliance requirements for doing business in New Hampshire.

Other business obligations include unemployment insurance taxes and property taxes on business assets. 

Automate your New Hampshire compliance with Discern

While we can’t help you with corporate taxes, Discern transforms New Hampshire's business obligations into manageable processes through automated filing, foreign registration monitoring, and integrated registered agent services. Our platform tracks when your business activities trigger registration requirements and coordinates filings with New Hampshire annual report obligations to prevent missed deadlines.

Ready to streamline your New Hampshire compliance and eliminate the administrative burden? Discover how Discern can automate your multi-state compliance operations.

Author
The Discern Team
Published Date
June 29, 2025
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