New Hampshire Tax Amnesty Program Provides an Excellent, Limited Time Opportunity to Resolve Prior Period Liabilities
New Hampshire is currently offering a generous tax amnesty program. The program commenced on December 1, 2025, and it will end on February 15, 2026.
These types of programs are not offered very often, so it is wise to consider taking advantage of them when they are made available. New Hampshire hopes to raise in excess of $5 million from the current amnesty program.
Who qualifies?
Taxpayers with any liabilities for taxes administered by the New Hampshire Department of Revenue Administration (‘the DRA”) that were due and unpaid as of June 30, 2025. This includes a broad range of taxes that may apply to both businesses and individuals.
Specifically, and most notably, this includes the Business Enterprise Tax (BET), the Business Profits Tax (BPT), and the now-repealed Interest and Dividends Tax. Meals and Rooms Tax, Communications Services Tax, real estate transfer taxes, various tobacco taxes, Utility Property Tax, and others also qualify. It should be noted that local real estate taxes do not qualify given that they are not administered by the DRA.
The program offers amnesty for both unfiled and late returns, as well as outstanding tax notices, including those currently in the process of being appealed. More information, including a link to Technical Information Release 2025-006, can be found here.
How does the amnesty work?
To participate, an eligible taxpayer must file any overdue tax returns and pay all unpaid taxes, along with 50% of the accrued interest, by February 15, 2026. No application is required.
Once the returns are filed and the tax and reduced interest paid, the state will then waive all penalties, as well as the remaining interest that would otherwise be due. It is not often that states offer a reduction in interest, so the 50% offered here may be significant. In the case of this amnesty, taxpayers must calculate their own interest. The DRA has provided an online calculator for this purpose, which can be accessed on the amnesty home page linked to above.
It is our understanding that the DRA will accept electronically submitted returns and payments as part of the amnesty program until February 15, 2026. Mailed items must be postmarked by that date, despite the fact that it is a Sunday, and also a holiday weekend.
Additional considerations
New Hampshire’s business tax regime (BET and BPT) is often misunderstood by out-of-state companies and tax preparers, leading to errors in the types of entities that are subject to tax, the composition of the New Hampshire unitary group, etc. Further, while the Interest and Dividends Tax has been repealed, the DRA continues to audit open years. This program offers taxpayers an excellent opportunity to take a closer look at their New Hampshire tax obligations, and to then act as needed.
Tax amnesty programs can be very beneficial to qualifying taxpayers, as they may sometimes allow for better terms than could be obtained through a voluntary disclosure program application. While there is no penalty for not participating in the amnesty, it is expected that the DRA will be less lenient going forward with those who chose not to take part.
If you have prior period New Hampshire exposure, or unpaid notices, now is the time to act. Should you have any questions, or wish to discuss this further, please contact Leanne Scott, or your preferred A&M Tax contact, to schedule a time to discuss.