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The S-Corp Election in New Hampshire: The $109,000 Charge an LLC Never Pays

Updated September 4, 2026. Quick answer: New Hampshire taxes every business, S-corp or not, with a 7.5% Business Profits Tax and a 0.55% Business Enterprise Tax. The part that is genuinely S-corp-shaped: the Business Enterprise Tax statute names subchapter S corporations by name when defining the taxable ‘dividends’ base, sweeping S-corp distributions in a way a partnership’s distributive shares are not swept.

Does this state require its own election

No separate New Hampshire filing exists to obtain S-corp status; the federal election controls. There is no separate New Hampshire S-election, not because New Hampshire is generous, but because its entity-level taxes apply to the business organization itself regardless of federal tax status, so there is no pass-through election to opt into in the first place.

“the net profit from all business activity determined in accordance with rules adopted by the department of revenue administration under RSA 541-A”

N.H. Rev. Stat. Ann. § 77-A:1

What it costs at the entity level

The Business Profits Tax (7.5%) and Business Enterprise Tax (0.55% of compensation, interest and dividends paid) apply to every business organization alike, so those rates are not S-corp-specific. What is specific: the Business Enterprise Tax statute’s definition of taxable ‘dividends’ explicitly names subchapter S corporations, pulling S-corp distributions into the taxable base in a way a partnership’s distributive shares are not.

What New Hampshire chargesFigure
RateBusiness Profits Tax 7.5%; Business Enterprise Tax 0.55% of the enterprise value base
MinimumBusiness Profits Tax filing required above $109,000 gross business income; Business Enterprise Tax filing required above $298,000 gross receipts or enterprise value base

“any distribution of money or property, other than the distribution of newly issued stock of the same enterprise, to the owners of a business enterprise with respect to their ownership interest in such enterprise from the accumulated revenues and profits of the enterprise … [accumulated revenues and profits, for] all other business enterprises, including subchapter S corporations [uses total undistributed revenues]”

N.H. Rev. Stat. Ann. § 77-E:1

The comparison against a plain LLC

Every New Hampshire business pays the same 7.5%/0.55% rates. The wrinkle is narrower: an S-corp’s distributions can land in the taxable Business Enterprise Tax base in a way a partnership’s distributive shares do not, under language that names S-corps specifically.

What this does not model

This page does not model a worked BET calculation with and without the dividends inclusion; the filing thresholds above (revenue.nh.gov’s own FAQ pages) returned HTTP 403 to automated retrieval and were confirmed from a search engine’s index of those exact URLs rather than from the pages themselves.

No federal tax modelling is repeated here; see the federal S-corp election calculator for the payroll-tax and QBI mechanics this page assumes but does not recompute. No personal New Hampshire income tax on the pass-through income itself is modelled either.

Sources

Every figure on this page is read from the text quoted above, fetched directly from the state’s own site or code, as read on September 4, 2026.

What it establishesSource
Whether New Hampshire requires its own S-corp electionN.H. Rev. Stat. Ann. § 77-A:1
What New Hampshire charges an S-corp at the entity levelN.H. Rev. Stat. Ann. § 77-E:1

General consumer information, not financial, tax or legal advice. State rules are as published by the cited source on September 4, 2026 and change; your own facts govern, and an S-corporation election is a decision to take with a tax professional who has seen your books.

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