New Hampshire generally requires most registered business entities to file an Annual Report with the New Hampshire Secretary of State. This report updates the state with current information about your entity, helping to maintain its active status and good standing. The specific due date and frequency depend on your entity type. In addition to this, there are annual tax-related filings with the New Hampshire Department of Revenue Administration and specific requirements for charitable organizations with the Attorney General.
Why is it important to file? Maintaining good standing with the State of New Hampshire is crucial for your entity’s legal operation. Failure to comply with these filing requirements can lead to penalties and negative consequences, including:
Late Fee: A $50.00 late fee is assessed for annual reports not filed by the April 1st deadline for most entities. Non-profits generally do not have a late fee for the Secretary of State filing but face other penalties for non-compliance.
“Not in Good Standing” Status: Your business will be marked as “Not in Good Standing” if the report is not filed on time.
Administrative Dissolution/Suspension: If a domestic entity fails to file its annual report for two consecutive years, it will be Administratively Dissolved by the Secretary of State. Foreign entities may be Administratively Suspended.
Loss of Liability Protection: For LLCs and corporations, administrative dissolution can lead to the loss of personal liability protection for the owners and managers, potentially exposing personal assets to business debts and lawsuits.
Loss of Name Protection: Your entity’s name may become available for others to use.
Inability to Conduct Business: A dissolved or suspended status can hinder your ability to legally enter into contracts, maintain bank accounts, or defend yourself in New Hampshire courts.
Complex Reinstatement: Reinstatement is a time-consuming and costly process, requiring the filing of all delinquent reports and payment of all accumulated fees and penalties.
Specific Requirements by Entity Type in New Hampshire:
For Most Business Entities (LLC, Corporation, LLP) in New Hampshire:
Annual Report (New Hampshire Secretary of State):
Frequency: Annually.
Filing Period: Can be filed between January 1st and April 1st of each year.
Due Date: By April 1st of each year.
Filing Method: Primarily filed online through the NH QuickStart portal. You cannot state “no change” or reference the previous year; full information is required as of January 1st.
Information Required: Entity’s legal name, New Hampshire Charter Number (Business ID Number), current principal office mailing address, current Registered Agent information (name and street address), and information on the entity’s governing persons (e.g., officers/directors for corporations; members/managers for LLCs).
For Corporations (For-Profit & Professional) in New Hampshire:
In addition to the Annual Report:
Annual Report Filing Fee:$100.00 (plus a $2.00 online processing fee).
Late Penalty: $50.00.
New Hampshire Business Profits Tax (BPT) (NH Department of Revenue Administration – Form NH-1120):
Frequency: Annually.
Applies if: Your gross business income from all activities exceeds $92,000 for tax periods ending on or after December 31, 2023. (This threshold can change, check current figures).
Due Date: By the 15th day of the 4th month following the close of your taxable year (e.g., April 15th for calendar year filers).
Tax Rate: 7.5% for tax periods ending on or after December 31, 2023 (this rate can change).
Estimated Payments: Required if expected liability exceeds $200.
Extensions: Automatic 7-month extension to file (Form BT-EXT) if 100% of the Business Profits Tax and Business Enterprise Tax (if applicable) determined to be due are paid by the original due date. This is an extension to FILE, not an extension to PAY.
New Hampshire Business Enterprise Tax (BET) (NH Department of Revenue Administration – Form BET):
Frequency: Annually.
Applies if: Your gross receipts from all activities exceed $298,000, OR your enterprise value tax base (sum of compensation, interest, and dividends paid or accrued) exceeds $298,000 for tax periods beginning on or after January 1, 2025. (These thresholds can change, check current figures).
Due Date: Same as Business Profits Tax (by the 15th day of the 4th month following the close of your taxable year).
Tax Rate: 0.55% for tax periods ending on or after December 31, 2022 (this rate can change).
For Limited Liability Companies (LLCs) in New Hampshire:
In addition to the Annual Report:
Annual Report Filing Fee:$100.00 (plus a $2.00 online processing fee).
Late Penalty: $50.00.
New Hampshire Income Tax: LLCs are generally treated as pass-through entities for New Hampshire income tax purposes (unless they elect to be taxed as corporations).
Single-Member LLCs (Disregarded): Income and losses are reported on the owner’s individual New Hampshire income tax return (if applicable, e.g., for Interest & Dividends Tax).
Multi-Member LLCs (Partnership-Taxed): These entities generally file Form NH-1065, New Hampshire Partnership Business Profits Tax Return, if they meet the gross income threshold for BPT or enterprise value tax base threshold for BET.
Corporate-Taxed LLCs: If your LLC has elected to be taxed as a C-corporation for federal purposes, it will file Form NH-1120 and be subject to New Hampshire corporate income and enterprise taxes.
Business Profits Tax (BPT) & Business Enterprise Tax (BET): Same thresholds and due dates as described for Corporations above.
For Partnerships (General Partnerships, Limited Partnerships, Limited Liability Partnerships, Limited Liability Limited Partnerships) in New Hampshire:
Annual Report Requirement (New Hampshire Secretary of State):
General Partnerships (GPs) & Limited Liability Limited Partnerships (LLLPs): Generally, GPs and LLLPs are NOT required to file an annual report with the New Hampshire Secretary of State.
Limited Partnerships (LPs): LPs ARE required to file an Annual Report.
Due Date: By April 1st of each year.
Filing Fee:$100.00 (plus a $2.00 online processing fee).
Late Penalty: $50.00.
Limited Liability Partnerships (LLPs): LLPs ARE required to file an Annual Report.
Due Date: By April 1st of each year.
Filing Fee:$100.00 (plus a $2.00 online processing fee).
Late Penalty: $50.00.
New Hampshire Business Profits Tax (BPT) & Business Enterprise Tax (BET) (NH Department of Revenue Administration):
Frequency: Annually.
Applies if: Your partnership meets the gross income threshold for BPT or enterprise value tax base threshold for BET.
Due Dates:
BPT (Form NH-1065): By the 15th day of the 3rd month following the close of your taxable year (e.g., March 15th for calendar year filers).
BET (Form BET): Same as BPT.
Note: These are generally informational returns for pass-through entities, but the tax is paid at the entity level. Nonresident partner withholding or estimated payments may apply.
Extensions: Automatic 7-month extension to file (Form BT-EXT) if 100% of the Business Profits Tax and Business Enterprise Tax determined to be due are paid by the original due date. This is an extension to FILE, not an extension to PAY.
For Non-Profit Corporations in New Hampshire, please also note the following:
In addition to the Secretary of State filing:
Nonprofit Report (New Hampshire Secretary of State):
Frequency: Every five years.
Due Date: By December 31st in years ending with “0” and “5” (e.g., 2020, 2025, 2030).
Filing Fee:$25.00.
Late Penalty: No direct late fee, but failure to file leads to administrative dissolution/suspension.
Charitable Organization Registration and Annual Report (New Hampshire Attorney General’s Office – Charitable Trusts Unit):
If your non-profit solicits charitable contributions in New Hampshire or holds significant charitable assets, you must generally register and file an annual report with the New Hampshire Attorney General, Charitable Trusts Unit, unless specifically exempt (e.g., certain religious organizations, or those receiving very low contributions).
Due Date: Annually, generally 4 months and 15 days after the close of the organization’s fiscal year (e.g., May 15th for a December 31st fiscal year-end).
Filing Fee:$75.00 for the annual report (NHCT-12). Initial registration fee is $25.00 (NHCT-11).
Required Attachments: This renewal requires submitting a completed Annual Report (NHCT-12) and a copy of your federal IRS Form 990 series return. Financial reports or audited financial statements may be required depending on gross revenue.
Penalties: Failure to file the annual report Form NHCT-12 by the due date may result in administrative dissolution.
New Hampshire Exempt Organization Business Income Tax (NH Department of Revenue Administration – Form NH-1120 if applicable):
Frequency: Annually, if applicable.
Applies if: Your non-profit has unrelated business taxable income (UBTI) that exceeds the federal filing threshold. If so, a New Hampshire Business Profits Tax return (Form NH-1120) would be filed to report and pay tax on UBTI. Non-profits are generally exempt from BPT and BET on their exempt activities.
Federal IRS Form 990 Series: As a federally tax-exempt organization, your non-profit must file an annual information return with the IRS (Form 990, 990-EZ, 990-PF, or 990-N, depending on your gross receipts and assets). This is typically due by the 15th day of the 5th month after your fiscal year ends (e.g., May 15th for a December 31st fiscal year-end).
What information is generally required for these filings? The various New Hampshire filings typically require verification or updating of the following:
Your entity’s legal name and New Hampshire Charter Number.
The current principal office mailing address.
The name and physical street address of your New Hampshire Registered Agent.
For Corporations and Non-Profits: Names and addresses of your principal officers and directors.
For LLCs: Names and addresses of managers (if manager-managed) or members (if member-managed).
Updated contact information for the entity.
For tax filings: Financial information (income, expenses, compensation, interest, dividends).
For Non-Profits (Charitable Trusts Unit): Confirmation of your federal tax-exempt status, details regarding any charitable solicitation activities, and financial information for charitable reporting.
How can we assist you? We understand that navigating these compliance requirements, especially with New Hampshire’s various annual and periodic filings and tax obligations, can be complex. We are here to assist you with understanding and fulfilling your New Hampshire compliance obligations. Our services for these filings include:
Determining your specific filing requirements and due dates.
Gathering the necessary information.
Preparing and accurately filing your Annual Reports/Nonprofit Reports with the New Hampshire Secretary of State.
Assisting with the preparation and filing of your New Hampshire tax returns (e.g., Business Profits Tax, Business Enterprise Tax) (if applicable).
Preparing and filing any applicable non-profit charitable registrations and annual reports with the Attorney General.
Arranging payment of the applicable fees/taxes.
Confirming receipt and good standing with the New Hampshire Secretary of State and, if applicable, the Department of Revenue Administration and Attorney General’s Office.
What we need from you: To facilitate these filings, fill up the information sheet:
Please do not hesitate to contact us at your earliest convenience to discuss your New Hampshire compliance obligations. We can help ensure your entity remains in good standing and avoids any potential adverse consequences.
