New Hampshire Revised Statutes 400-A:34 – Exemption; Abatement
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I. The provisions of N.H. Rev. Stat. § 400-A:31 and 32 shall not apply to mutual insurance companies that operate on an assessment plan and require as a condition for granting insurance the signing of a premium deposit note by the insured, which note is given for the purpose of establishing a limit of liability to assessment, while their total receipts from policyholders is less than $10,000 per year.
II. Any insurer authorized to do business in this state, having complied with the provisions of this chapter, which shall deem itself aggrieved by reason of any tax imposed upon it by the insurance commissioner, may apply within one year after the due date of any tax imposed upon it, and not afterwards, by petition to the Merrimack county superior court for an abatement of so much thereof as it may claim to have been unlawfully imposed upon it.
III. Such petition shall be entitled against the insurance commissioner, and all summonses therein shall be served upon the insurance commissioner. In any such action, the superior court, after hearing, shall make such order as justice may require and may order the insurance commissioner to credit the petitioner in any tax assessment thereafter made against the petitioner with any amount found to have been illegally assessed against and paid by the petitioner, with interest thereon at such rate as the court may deem just.
IV. Notwithstanding paragraphs II and III, if an insurer or other person engaged in the business of insurance in this state has paid taxes, fees or other charges pursuant to title XXXVII in excess of the amount legally chargeable against such insurer or other person, application may be made for a refund of the overpayment. If the commissioner is satisfied that, because of some mistake of fact, error in calculation, or erroneous interpretation of a law of this state or any other state, an overpayment was made by the insurer or other person, the commissioner shall apply the amount of the overpayment toward the payment of taxes, fees or other charges already due or which may become due or make a cash refund to the insurer or other person. Application for a refund shall be made within 3 years after the date of the excess payment of taxes, fees or other charges.
II. Any insurer authorized to do business in this state, having complied with the provisions of this chapter, which shall deem itself aggrieved by reason of any tax imposed upon it by the insurance commissioner, may apply within one year after the due date of any tax imposed upon it, and not afterwards, by petition to the Merrimack county superior court for an abatement of so much thereof as it may claim to have been unlawfully imposed upon it.
Terms Used In New Hampshire Revised Statutes 400-A:34
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. Such petition shall be entitled against the insurance commissioner, and all summonses therein shall be served upon the insurance commissioner. In any such action, the superior court, after hearing, shall make such order as justice may require and may order the insurance commissioner to credit the petitioner in any tax assessment thereafter made against the petitioner with any amount found to have been illegally assessed against and paid by the petitioner, with interest thereon at such rate as the court may deem just.
IV. Notwithstanding paragraphs II and III, if an insurer or other person engaged in the business of insurance in this state has paid taxes, fees or other charges pursuant to title XXXVII in excess of the amount legally chargeable against such insurer or other person, application may be made for a refund of the overpayment. If the commissioner is satisfied that, because of some mistake of fact, error in calculation, or erroneous interpretation of a law of this state or any other state, an overpayment was made by the insurer or other person, the commissioner shall apply the amount of the overpayment toward the payment of taxes, fees or other charges already due or which may become due or make a cash refund to the insurer or other person. Application for a refund shall be made within 3 years after the date of the excess payment of taxes, fees or other charges.