This document is a form for apportioning business enterprise tax for individual members of a combined group in New Hampshire. It provides instructions for completing the form, which involves calculating apportionment factors for compensation, property, and sales to determine the portions of dividends, compensation, and interest that are taxable in New Hampshire. The form has sections to calculate apportionment factors for each member and combine them to determine the total amounts reported on the main business enterprise tax form.
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Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
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A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
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Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
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Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
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Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
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Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
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1. Print and Reset Form
FORM NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION
BET-80-WE BUSINESS ENTERPRISE TAX APPORTIONMENT FOR INDIVIDUAL
NEXUS MEMBERS OF A COMBINED GROUP
For the CALENDAR year 2008 or other taxable period beginning and ending
SEQUENCE #3
Mo Day Year Mo Day Year
NAME OF PRINCIPAL NH BUSINESS ORGANIZATION
FEDERAL EMPLOYER IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER OR
COLUMN A COLUMN B COLUMN C
DEPARTMENT IDENTIFICATION NUMBER
Name: Name: Name:
SECTION I APPORTIONMENT FACTORS (See General Instructions) FEIN FEIN FEIN
1 New Hampshire Compensation and
Com-
Wages Paid or Accrued
pensa-
tion and 2 Everywhere Compensation
Wages
3 COMPENSATION FACTOR (Line 1 divided by Line 2)
. . .
Factor
Enter on Line 21
Interest 4 Average of New Hampshire Property
Factor
5 Average of Everywhere Property
. . .
6 INTEREST FACTOR (Line 4 divided by Line 5)
Enter on Line 26
Dividend 7 New Hampshire Sales
Factor
8 Everywhere Sales
. . .
9 Sales Factor (Line 7 divided by Line 8)
. . .
10 Subtotal (Sum of Lines 3, 6 and 9)
11 DIVIDEND FACTOR (Line 10 divided by number of
. . .
factors in subtotal) Enter on Line 15
SECTION II BUSINESS ENTERPRISE TAX BASE APPORTIONMENT (See General Instructions)
Dividend 12 Dividends Paid
Appor-
tionment 13 LESS: Dividend Deduction
Subtotal (Line 12 minus Line 13)
14
. . .
15 Dividend Apportionment Factor (From Line 11)
16 Taxable Dividends (Line 14 multiplied by Line 15)
17 TOTAL TAXABLE DIVIDENDS (From Line 16. If nega-
tive enter zero)
17(a) Sum of Columns 17(A), 17(B), and 17(C). Enter this amount on Form BET-WE, Line 1: TOTAL 17(a)
Com- 18 Everywhere Compensation Paid or Accrued
pensa-
tion and 19 LESS: Retained Compensation
Wages
20 Subtotal (Line 18 minus Line 19)
Appor-
tionment
. . .
21 Compensation Apportionment Factor (From Line 3)
22 Taxable Compensation (Line 20 multiplied by Line 21)
23 LESS: Dividend Offset
24 TOTAL TAXABLE COMPENSATION
(Line 22 minus Line 23)
24(a) Sum of Columns 24(A), 24(B) and 24(C). Enter this amount on Form BET-WE, Line 2: TOTAL 24(a)
Interest 25 Interest Paid or Accrued
Appor-
. . .
26 Interest Apportionment Factor (From Line 6)
tionment
27 Taxable Interest (Line 25 multiplied by Line 26)
28 LESS: Dividend Offset
29 TOTAL TAXABLE INTEREST (Line 27 minus Line 28)
29(a) Sum of Columns 29(A), 29(B) and 29(C). Enter this amount on Form BET-WE, Line 3: TOTAL 29(a)
BET-80-WE
Rev 09/2008
page 19
2. NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION
FORM
BUSINESS ENTERPRISE TAX APPORTIONMENT
BET-80-WE FOR INDIVIDUAL NEXUS MEMBERS OF A COMBINED GROUP
Instructions
Leasehold improvements are treated as property owned by the business
WHO MUST APPORTION
enterprise. Real and tangible personal property which is rented or leased
is NOT included in the Business Enterprise Tax interest factor.
A business enterprise must apportion its enterprise value tax base if:
• its business activities are conducted both inside and outside “Real and tangible personal property” includes land, buildings,
New Hampshire, AND improvements, equipment, merchandise or manufacturing inventories,
• the business enterprise is subject to a business privilege tax, a leasehold improvements and other similar property that reflects the
enterprise’s business activities. Property shall be included if it is actually
net income tax, a franchise tax based upon net income, or a
used or is available for use or capable of being used during the taxable
capital stock tax in another state, or is subject to the jurisdiction
period in the regular course of the trade or business of the enterprise.
of another state to impose a net income tax or capital stock tax
Property or equipment under construction during the taxable period,
upon it, whether or not it is actually imposed by the other state.
except inventoriable goods in process, shall be excluded until such
property is actually used or available for use by the business enterprise
SPECIFIC APPORTIONMENT QUESTIONS in its regular trade or business.
Questions regarding apportionment under the New Hampshire Business Valuation of Owned Property: Property owned by the business enterprise
Enterprise Tax should be directed to: NH DRA, Central Taxpayer Services, must be valued at its original cost. “Original cost” is the basis of the
PO Box 457, Concord, New Hampshire 03302-0457. Telephone: (603) property for federal income tax purposes at the time of acquisition, prior
271-2191. to any federal adjustments, and adjusted by subsequent sale, exchange,
abandonment, etc. Inventory is included in accordance with the valuation
LINE-BY-LINE INSTRUCTIONS method used for federal income tax purposes.
NAME & IDENTIFICATION NUMBER 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
At the top of the return enter the beginning and ending dates of the
be used to prevent distortions. “Beginning of Period” means the start
taxable period if different from the calendar year. PRINT the taxpayer’s
of the taxable period or when available for use.
name, address, social security number, or department identification
number in the spaces provided. Social security numbers are required
LINE 6
pursuant to the authority granted by 42 U.S.C.S., Section 405. Wherever
social security numbers or federal employer identification numbers are
required, taxpayers who have been issued a DIN, shall use their DIN Enter on Line 6 the amount of Line 4 divided by Line 5. Express this
only, and not their SSN or FEIN. amount as a decimal to six places.
Enter the name and federal identification number of each nexus member DIVIDEND FACTOR
at the top of each column. If additional columns are needed attach a
schedule using the same format. Complete Lines 1 through 29 separately LINE 7 & 8
for each New Hampshire nexus member in the combined group. Note:
BET nexus differs from BPT nexus. Public Law 86-272 does not apply
to BET. See the General Instructions - Who Must File - for the filing Enter on Line 7 the “New Hampshire” sales. Enter on Line 8 the
threshold for each tax type. “EVERYWHERE” sales. Sales include:
• sales, less returns and allowances,
SECTION I APPORTIONMENT FACTORS • interest, rents and royalties,
• dividends which are not eligible for the dividend deduction under
RSA 77-E:3, II and III,
COMPENSATION AND WAGES FACTOR • capital gain income,
• net gains or losses, and
LINES 1 & 2 • other income unless the other income is properly includible as a
reduction of an expense or allowance.
Enter on Line 1 the “New Hampshire” compensation and wages paid
or accrued. Enter on Line 2 the “EVERYWHERE” compensation and LINE 9
wages paid or accrued.
Enter on Line 9 the amount of Line 7 divided by Line 8. Express this
“Compensation and wages” includes all wages, salaries, fees, bonuses, amount as a decimal to six places.
commissions or other payments paid or accrued, including deferred
compensation, in the taxable period. This includes compensation on LINE 10
behalf of or for the benefit of employees, officers or directors of the
business enterprise and subject to or specifically exempt from withholding Enter on Line 10 the sum of the Lines 3, 6 and 9.
under US Internal Revenue Code (IRC) Section 3401. Payments made
expressly exempt from withholding under IRC Sections 3401(a) (1), (9),
LINE 11
(10), (13), (14), (15), (16), (18), (19), and (20) should not be included.
Enter on Line 11 the amount of Line 10 divided by 3. Express this amount
LINE 3 as a decimal to six places. If there are only two “EVERYWHERE” factors,
then divide by 2; if only one “EVERYWHEREquot; factor, divide by 1.
Enter on Line 3 the amount of Line 1 divided by Line 2. Express this
amount as a decimal to six places.
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. Enter on Line
5 the average value of beginning and ending “EVERYWHERE” real and
tangible personal property owned and employed. 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.
BET-80-WE
Instructions
Rev 09/2008
page 20