One of the ways that New Hampshire distinguishes itself from other states is that we do not have a general sales tax. This is part of the “New Hampshire Advantage.” There has been a great deal of attention to the issue of sales taxes on internet sales with the recent U.S. Supreme Court ruling in South Dakota v. Wayfair, Inc. This was followed by … [Read more...]
General Articles
N.H. SUPREME COURT RULES THAT STATUTE ALLOWS A WINDFALL TO MUNICIPALITIES FOR TAX SALES BEYOND THREE YEARS FROM TAX DEED
In the case of Polonsky v. Town of Bedford, decided on June 28, 2018, the N.H. Supreme Court considered the interpretation of amendments to the alternative lien procedures statutes found in RSA 80:88-91. These statutes were enacted in response to Thomas Tool v. Croydon, 145 N.H. 218 (2000), in which the Court held that it was unconstitutional for … [Read more...]
Celebrating Summer: What Fireworks Are Legal on Your Land?
Summer in New Hampshire is synonymous to some residents with bonfires, camping, and—of course—fireworks. For years, New Hampshire has been the most liberal state in the Northeast with regards to access of residents and visitors to fireworks. But what “fireworks” are permitted for use on New Hampshire properties according to the law? And under what … [Read more...]
Commercial Leases – When Should a Landlord Sue?
Let’s say your tenant signed a lease on September 1, never took possession, and made two monthly payments before stopping. Most commercial leases would give the landlord the right to terminate the lease, evict the tenant and sue immediately for the balance due. Many also give the landlord the option to keep the lease in effect and recover rent … [Read more...]
Local Land Use Law: A Brief Introduction, Part II
Zoning Boards of Adjustment (“ZBA’s”) New Hampshire municipalities are permitted to establish zoning boards of adjustment, or ZBA’s, by statute. Every zoning ordinance adopted by a local legislative body must include provisions for the establishment of a ZBA to enforce the local ordinance. RSA 673:1. Members of the ZBA Each ZBA must … [Read more...]
Supreme Court Considers Limits to Sales Taxes on Internet Sales
On April 17, 2018, while many taxpayers scramble to meet the deadline for filing their federal income tax returns, the U.S. Supreme Court will hear oral arguments in South Dakota v. Wayfair, Inc., a case that could forever alter the way in which state sales taxes are collected by remote retailers. The battle that is being waged between states and … [Read more...]
May 2017 NH Real Estate Law Alert – Gates and Bars; Real estate right of first refusal; Big Green frat boys lose twice
Upcoming Event: On June 12 & 13 Paul Alfano will be speaking at Real Estate Book Camp, a comprehensive two-day seminar sponsored by the National Business Institute and featuring ten noted New Hampshire attorneys. Paul is scheduled to speak on “Tax Matters in Real Estate,” with a focus on how property owners can reduce their property tax … [Read more...]
April 2017 NH Real Estate Law Alert – Private road maintenance; Education property tax exemption; Amazing but true – monkey selfies
Upcoming Event: On June 12 & 13 Paul Alfano will be speaking at Real Estate Book Camp, a comprehensive two-day seminar sponsored by the National Business Institute and featuring ten noted New Hampshire attorneys. Paul is scheduled to speak on “Tax Matters in Real Estate,” with a focus on how property owners can reduce their property tax … [Read more...]
April 2016 NH Property Tax Alert- Income approach to value; Unmarried person’s interest in real estate occupied with partner; December 31 lot consolidation deadline.
Income capitalization approach to valuation Here is how the New Hampshire Supreme Court characterizes the income approach to value: The income capitalization approach measures the present value of property on the basis of the future net income the property could produce for the owner. The net income is the rent the property would generate on … [Read more...]
March 2016 NH Property Tax Alert – Did you miss the March 1 Tax Abatement Deadline?; Tax sales – not fair market; Spot assessing; Sunday laws; If you request a tax abatement, can the municipality increase your assessment?
You missed the March 1 deadline - now what? March 1 was the deadline to request an abatement of real estate taxes under RSA 76:16,I(b). The courts and BTLA have been strict in holding taxpayers to that deadline. If a proper abatement application was not filed by March 1 then the taxpayer lost the right to challenge their 2015 assessment. In … [Read more...]