Section 77-B:7 Returns and Refunds of Individuals.
I. A taxpayer shall file a return of his net income for such a period and on such accounting basis as is authorized under the Internal Revenue Code. For each taxable year, returns shall be made to the commissioner of revenue administration in such form and manner and to such extent as he shall prescribe by regulations, by the following taxpayers:
(a) A resident having for such taxable year any New Hampshire taxable income as defined in RSA 77-B:1; provided, however, that if it shall appear to the satisfaction of the commissioner of revenue administration that any residents of this state, or class of residents of this state, who are subject to the tax imposed by this chapter, are liable for tax upon the same income under the law imposed for the taxable year by another state and are thereby entitled to a credit allowed by RSA 77-B:5 against the tax otherwise due under this chapter, the commissioner of revenue administration shall by regulation relieve such residents or class of residents from being required to make any return under this chapter.
(b) A nonresident having for such taxable year New Hampshire derived income of $2,000 or more.
II. A husband and wife may make a single joint return to the commissioner of revenue administration for a taxable year for which such a return is filed under the laws of the United States. If the taxpayer is unable to make his own return, the return shall be made by a duly authorized agent or by the guardian or other person charged with the care of the person or property of such taxpayer.
III. Whenever a taxpayer shall file a return which shows that his withholding tax or estimated tax exceeds the amount of tax liability due under this chapter, he shall be due a refund and the commissioner of revenue administration shall forthwith certify the amount of said refund to the state treasurer who shall pay the same to the taxpayer; provided, however, that at the option of the taxpayer, said refund may be credited against any tax due from said taxpayer for the succeeding calendar year.
IV. Any refund or credit due a taxpayer pursuant to paragraph III for which said refund or credit is not requested within 5 years shall be deemed the property of the state of New Hampshire.
Source. 1970, 20:1; 57:10. 1973, 544:9, eff. Sept. 1, 1973.