PDF document

- 1 -

                                                                                                              BUSINESS ENTERPRISE TAX   
                        New Hampshire                                           202 3
                                                                                                              APPORTIONMENT FORMS 
                                       Department of                     BET-80-WE  
                                                                                                                      BET-80 & BET-80-WE 
                        Revenue Administration                               & BET-80
                                                                                                              GENERAL INSTRUCTIONS

WHO MUST APPORTION 
A business enterprise must apportion its enterprise value tax base if: 
        •  Its business activities are conducted both inside and outside New Hampshire AND; 
        •  The business enterprise is subject to a business privilege tax, net income tax, franchise tax based upon net income, capital stock tax in another state, or is 
        subject to the jurisdiction of another state to impose a net income tax or capital stock tax upon it, whether or not it is actually imposed by the other state. 
COMBINED GROUP FILERS: The individual nexus members must apportion the separate entity's activities using the Form BET-80-WE. 

CONFIDENTIAL INFORMATION 
Tax information disclosed to the New Hampshire Department of Revenue Administration is held in strict confidence by law. The information may be disclosed to the  
United States Internal Revenue Service, agencies responsible for the administration of taxes in other states in accordance with compacts for the exchange of 
information,  and as otherwise authorized by RSA 21-J:14. 

TAXPAYER IDENTIFICATION
The Commissioner of the Department of Revenue is authorized pursuant to RSA 21-J:27-a to require submission of an SSN, FEIN, or any other identifying number used 
in  filing or preparing federal tax documents.  If you do not have any such identifying number, or share one with another taxpayer, then, under Rev 2903.01, you must 
obtain  a Department Identification Number (DIN).  If you have a DIN, use it on all New Hampshire filings.  To ensure that your filings and payments are applied to the 
correct  account, the sequence of names and taxpayer ID numbers on all filings must be consistent. The failure to provide a taxpayer identification number may result 
in the  rejection of filed documents.  Failure to timely file documents complete with a consistent taxpayer identification number may result in the imposition of 
penalties and  interest, the disallowance of claimed exemptions, exclusions, credits, deductions, or an adjustment that may result in increased tax liability. 

NEED FORMS?
To obtain additional forms, you may visit our website at www.revenue.nh.gov or call the Forms Line at (603) 230-5001.

NEED HELP?
Call the Department of Revenue Administration, Taxpayer Services at (603) 230-5920. Individuals with hearing or speech impairments may call TDD
Access: Relay NH 1-800-735-2964.

BET-80 & BET-80-WE Instructions 202  3                                                                                                                           Page 1 of 4
Version 1    12 /2023

- 2 -

Enlarge image

BUSINESS ENTERPRISE TAX
New Hampshire 2023
APPORTIONMENT FORMS
Department of BET-80-WE BET-80 & BET-80-WE
Revenue Administration & BET-80
LINE-BY-LINE INSTRUCTIONS

NAME AND TAXPAYER IDENTIFICATION NUMBER
Enter the Business Enterprise's name and taxpayer identification number.
Enter the beginning and ending dates of the taxable period.

SECTION I - APPORTIONMENT FACTORS
For combined groups, using the Form BET-80-WE, enter the name and FEIN of each nexus member at the top of each column. If additional columns are needed attach
a schedule using the same format. Complete Lines 1 through 29 separately for each New Hampshire nexus member in the combined group. Note: Business Enterprise
Tax (BET) nexus differs from Business Profits Tax (BPT) nexus. Public Law 86-272 does not apply to BET.

LINES 1, 2, AND 3 - COMPENSATION AND WAGES FACTOR
LINES 1 & 2
Enter on Line 1 the “New Hampshire” compensation and wages paid or accrued.
Enter on Line 2 the “Everywhere” compensation and wages paid or accrued.
“Compensation and wages” includes all wages, salaries, fees, bonuses, commissions, and other payments paid directly or accrued by the business enterprise in the
taxable period on behalf of or for the benefit of employees, officers, or directors of the business enterprise and subject to or specifically exempt from withholding
under Internal Revenue Code (IRC) section 3401. Payments made expressly exempt from withholding under IRC sections 3401(a)(1), (9), (10), (13), (14), (15), (16), (18),
(19), and (20); as well as any tips required to be reported by the employee to the employer under IRC section 6053(a) should not be included.
LINE 3
Enter on Line 3 the amount of Line 1 divided by Line 2. Express this amount as a decimal to six places.

LINES 4, 5, AND 6 - INTEREST FACTOR
LINES 4 & 5
Enter on Line 4 the average value of beginning and ending “New Hampshire” real and tangible personal property owned and employed by the business enterprise.
Enter on Line 5 the average value of beginning and ending "Everywhere" real and tangible personal property owned and employed by the business enterprise.
Property includes all real and tangible personal property owned and employed by the business enterprise during the taxable period in the regular course of its trade or
business. Leasehold improvements are treated as property owned by the business enterprise. Real and tangible personal property which is rented or leased is NOT
included in the BET interest factor.
“Real and tangible personal property” includes land, buildings, improvements, equipment, merchandise or manufacturing inventories, leasehold improvements and
other similar property that reflects the enterprise’s business activities. Property shall be included if it is actually used, available to be used, or capable of being used
during the taxable period in the regular course of the trade or business of the enterprise. Property or equipment under construction during the taxable period, except
inventoriable goods in process, shall be excluded until such property is actually used or available for use by the business enterprise in its regular trade or business.
Valuation of Owned Property: Property owned by the business enterprise must be valued at its original cost. “Original cost” is the basis of the property for federal
income tax purposes at the time of acquisition, prior to any federal adjustments, and adjusted by subsequent sale, exchange, abandonment, etc. Inventory is included
in accordance with the valuation method used for federal income tax purposes.
Average Value of Owned Property: The beginning and ending cost of owned property is used to determine the average cost for the property. Where fluctuations in
values exist during the period or where property is acquired or disposed of during the period, a monthly average shall be used to prevent distortions if the combined
monthly averages are 25% greater or lesser than the property factor computed using the beginning and ending average.
LINE 6
Enter on Line 6 the amount of Line 4 divided by Line 5. Express this amount as a decimal to six places.

LINES 7, 8, 9, 10, AND 11 - DIVIDEND FACTOR
LINES 7 & 8
Enter on Line 7 the “New Hampshire” sales.
Enter on Line 8 the “Everywhere” sales.
Sales include:
 Sales less returns and allowances;
 Interest, rents and royalties;
 Dividends which are not eligible for the dividend deduction under RSA 77-E:3, II and III;
 Capital gain income;
 Net gains or losses; and
 Other income unless the other income is properly includible as a reduction of an expense or allowance.
LINE 9
Enter on Line 9 the amount of Line 7 divided by Line 8. Express this amount as a decimal to six places.
LINE 10
Enter on Line 10 the sum of the Lines 3, 6 and 9.
BET-80 & BET-80-WE Instructions 202 3
Version 1 12 /2023 Page 2of 4

- 3 -

Enlarge image

BUSINESS ENTERPRISE TAX
APPORTIONMENT FORMS
New Hampshire 202 3
BET-80 & BET-80-WE
Department of BET-80-WE
Revenue Administration & BET-80 LINE-BY-LINE INSTRUCTIONS
(continued)

LINE 11
Enter on Line 11 the amount of Line 10 divided by 3. Express this amount as a decimal to six places.
If there are only two "Everywhere" factors, then divide by 2; if only one "Everywhere" factor, divide by 1.'

SECTION II - BUSINESS ENTERPRISE TAX BASE APPORTIONMENT

LINES 12, 13, 14, 15, 16, AND 17 - DIVIDEND APPORTIONMENT
LINE 12
Enter the amount of dividends paid. “Dividends” means any distribution of money or property, other than the distribution of newly issued stock of the same enterprise,
to the owners of a business with respect to their ownership interest in such enterprise from accumulated revenues and profits of the enterprise. See RSA 77-E:1, VI and
the BET “Quick Checklist” for dividends not included.
LINE 13
Enter the amount allowed for dividends received from members of an affiliated group of business enterprises, as provided in RSA 77-E:3, II and III. Include only those
dividends included in the payor's taxable enterprise value tax base subject to taxation under the BET law. Refer to Rev 2403.02 and Rev 2403.03 for further clarification.
LINE 14
Enter the amount of Line 12 minus Line 13. If negative, use a minus sign.
LINE 15
Enter the "DIVIDEND FACTOR" from Line 11.
LINE 16
Enter the product of Line 14 multiplied by Line 15. If negative, use a minus sign.
LINE 17
If Line 16 is negative, enter zero. If Line 16 is positive, enter this amount on Line 17.
Enter the amount from Line 17 on Line 1 of your Business Enterprise Tax Return (Form BET).
LINE 17(a) - FOR COMBINED GROUP BET-80-WE
Enter the sum of columns 17A, 17B & 17C for all nexus members of the combined group on Line 17(a).
If additional columns were used, include the sum of all columns in the total. Enter this amount on Form BET, Line 1.

LINES 18, 19, 20, 21, 22, 23, AND 24 - COMPENSATION AND WAGES APPORTIONMENT
LINE 18
Enter the amount of everywhere compensation paid or accrued, including deferred compensation. Include all wages, salaries, fees, bonuses, commissions, and other
payments paid or accrued in the taxable period. See RSA 77-E:1, V for the "compensation" definition.
For proprietorships, partnerships, and limited liability companies: The compensation amount entered on Line 18 should include the amount of any compensation
deduction taken under the BPT pursuant to RSA 77-A:4, III in the taxable period. It should also include the remainder, if any, of the guaranteed payments to partners
reduced by the New Hampshire BPT Compensation for Personal Services deduction and any net earnings from self-employment subject to tax under IRC § 1401 to the
extent it was not included in the amount of any deduction taken pursuant to RSA 77-A:4, III in the taxable period.
LINE 19
Enter the amount of any net earnings from self-employment that are retained and used for the reasonable needs of the enterprise. See Rev 2403.01 for further
clarification.
LINE 20
Enter the amount of Line 18 minus Line 19.
LINE 21
Enter the "COMPENSATION FACTOR" from Line 3.
LINE 22
Enter the product of Line 20 multiplied by Line 21.
LINES 23 & LINE 28
If Line 16 is positive or zero, enter zero on Lines 23 and 28. If Line 16 is negative, then this amount may be applied on Line 23 to offset “TAXABLE COMPENSATION” or
applied on Line 28 to offset “TAXABLE INTEREST”.
The amount entered on Line 23 cannot exceed the amount on Line 22.
The amount entered on Line 28 cannot exceed the amount on Line 27.
The sum of Lines 23 and 28 cannot exceed the amount on Line 16.

BET-80 & BET-80-WE Instructions 202 3
Version 1 12 /2023 Page 3of 4

- 4 -

Enlarge image

BUSINESS ENTERPRISE TAX
New Hampshire 202 3 APPORTIONMENT FORMS
Department of BET-80-WE BET-80 & BET-80-WE
Revenue Administration & BET-80 LINE-BY-LINE INSTRUCTIONS
(continued)
LINE 24
Enter the amount of Line 22 minus Line 23.
Enter the amount from Line 24 on Line 2 of your Business Enterprise Tax Return (Form BET).

LINE 24(a) - FOR COMBINED GROUP BET-80-WE
Enter the sum of columns 24A, 24B & 24C for all nexus members of the combined group on line 24(a).
If additional columns were used, include the sum of all columns in the total. Enter this amount on Form BET, Line 2.

LINES 25, 26, 27, 28, AND 29 - INTEREST APPORTIONMENT
LINE 25
Enter the amount of interest paid or accrued. Pursuant to RSA 77-E:1, XI, “Interest” means all amounts paid or accrued for the use or forbearance of money or property.
The term “interest” shall not include amounts paid, credited, or set aside in connection with reserves by insurers to fulfill policy and contractual responsibilities to
policy holders or by voluntary employees' beneficiary associations qualified under IRC section 501(c)(9) to fulfill obligations to members.
LINE 26
Enter the "INTEREST FACTOR" from Line 6.
LINE 27
Enter the product of Line 25 multiplied by Line 26.
LINE 28
See instructions for Line 23.
LINE 29
Enter the amount of Line 27 minus Line 28. Enter the amount from Line 29 on Line 3 of your Business Enterprise Tax Return (Form BET).
LINE 29(a) - FOR COMBINED GROUP BET-80-WE
Enter the sum of columns 29A, 29B & 29C for all nexus members of the combined group on Line 29(a). If additional columns were used, include the sum of all columns
in the total. Enter this amount on Form BET, Line 3.

BET-80 & BET-80-WE Instructions 202 3 Page 4of 4
Version 1 12 /2023

PDF file checksum: 2757421795

(Plugin #1/9.12/13.0)