Introduction to Penalty Abatement in New Hampshire

You're not alone if you've received a notice from the New Hampshire Department of Revenue Administration informing you of tax penalties. Many taxpayers face penalties for reasons such as filing a tax return after the due date, failing to pay the full amount they owe, or underpaying estimated tax throughout the year. These penalties can proliferate, adding interest and fees that increase the total amount due and place additional financial pressure on individuals and businesses.

Fortunately, New Hampshire offers a process called penalty abatement, which allows eligible taxpayers to request relief from specific penalties. While not guaranteed, you may qualify for abatement if you can show reasonable cause—circumstances beyond your control prevented you from meeting your tax obligations on time. This guide will explain how to apply for relief, what documentation is required, and how to strengthen your request.

Understanding your rights and options can help reduce or eliminate unnecessary charges. Whether you're a few days late filing your return or have received a letter about a larger balance, taking timely action is essential. If you're unsure where to begin or need more detailed information about your situation, this guide can help. You’ll also learn how to get help from the state or a tax professional and what to do after you decide on your request.

Common Tax Penalties Eligible for Abatement

The New Hampshire Department of Revenue Administration may assess various penalties when taxpayers fail to comply with state tax rules. Knowing which penalties qualify for abatement is the first step toward seeking relief. While penalties vary by tax type, the most common penalties may be reduced or eliminated if you qualify under the reasonable cause standard.

Failure to File Penalty

When a required return is not filed by the due date, the state may assess a penalty based on the number of days late. This penalty applies to individuals and businesses, including tax types such as business profits tax, Business Enterprise Tax, and Interest and Dividends Tax.

Failure to Pay Penalty

This penalty is assessed when taxpayers do not pay the full amount due by the required date. Failure to pay the amount you owe may result in additional charges even if the return is filed on time. Interest will also continue to accrue until the full balance is paid.

Underpayment of Estimated Tax Penalty

If you fail to make timely and sufficient estimated tax payments throughout the year, you may face this penalty. It often affects those with self-employment income, investment earnings, or business profits. The amount depends on how much was underpaid and the period involved.

Late Filing of Information Returns

Businesses and entities like partnerships and S corporations may be penalized for failing to file required informational returns promptly. These penalties are calculated based on the number of returns filed late and the length of the delay.

Electronic Payment Penalties

Some tax types require payment to be made electronically. If a taxpayer submits payment by paper check instead of the approved method, the department may assess an additional penalty for not following the required procedures.

Substantial Understatement Penalty

If taxpayers significantly understate their tax liability, they may be charged this penalty. It is typically assessed when the difference between the correct and reported taxes exceeds a certain percentage or threshold. This penalty can apply to both individuals and businesses.

While penalties may be abated for reasonable cause, it’s important to note that interest is generally not eligible for relief. Interest continues to accrue from the original due date of the tax until the full amount is paid, even if penalties are waived. Always review the notice or letter to confirm what penalties have been assessed and the time allowed to respond.

Who Qualifies for Penalty Abatement?

To qualify for penalty abatement in New Hampshire, you must demonstrate that your failure to file or pay tax occurred despite exercising ordinary business care and prudence. In other words, your situation must meet the reasonable cause standard set by the New Hampshire Department of Revenue Administration (NHDRA).

Circumstances That May Qualify as Reasonable Cause

The NHDRA typically considers the following situations when evaluating a request for penalty relief:

  • A serious illness, death, or unavoidable absence occurred when your tax return was due. This category includes medical emergencies affecting you or an immediate family member that prevented you from handling your tax obligations.

  • A natural disaster or state-declared emergency disrupted your ability to file or pay on time. Events such as floods, fires, or storms that damaged records or offices may support your request.

  • You could not obtain the necessary records to complete your return. If crucial financial information was delayed, lost, or destroyed through no fault of your own, this may be a valid reason for penalty abatement.

  • You relied on incorrect written advice provided by the NHDRA. Your request may be considered if you requested guidance in writing, provided all required details, and received inaccurate information from the department that led to your noncompliance.

  • You experienced technical problems when attempting to file or pay electronically. If the department’s online system or your tax software failed and caused a delay, the issue must be documented and explained in your request.

Circumstances That Do Not Qualify for Relief

While reasonable cause can justify some penalty relief, the following common reasons are generally not accepted:

  • You forgot about the due date or misunderstood when your return was required to be filed.

  • You were unaware of the tax filing or payment requirements. Ignorance of the law does not typically excuse noncompliance.

  • You lacked the funds to pay the amount you owe. Financial hardship alone is not sufficient without an additional qualifying circumstance.

  • You relied on a tax preparer who failed to file or pay on your behalf. Unless you faced extraordinary circumstances, this reason is not enough.

All penalty abatement requests must be submitted within 60 days of the date listed on the notice of assessment. You must also fully comply with all other tax filing and payment obligations. If the penalty was assessed due to fraud, it is not eligible for abatement.

How to Request Penalty Abatement in New Hampshire

New Hampshire offers two ways to apply for penalty relief: through its secure online platform or by submitting a paper form. Whichever method you choose, your request must include a clear explanation, proper identification, and any relevant documentation.

Option 1: Submit Your Request Through Granite Tax Connect

  • Log in to your Granite Tax Connect account. You can create one in minutes using your taxpayer information if you do not have an account.

  • Once logged in, click on the “More” tab, then select “Correspondence” to begin the request process.

  • Choose “Create New Correspondence” and select “Appeal” from the dropdown list as the correspondence type.

  • Fill out the online appeal form completely. You must include your full name or business name, taxpayer ID number, the tax type and period in question, the penalty amount you owe, and the assessment notice number. Clearly explain your reason for requesting relief and attach supporting documentation if available.

  • Submit your request electronically. Save the confirmation number generated at the end for your records in case you need to follow up later.

Option 2: File Form A-101 by Mail

  • You can obtain Form A-101 (Petition for Reconsideration) from the NHDRA website or by calling the Forms Line at (603) 230-5001.

  • Complete the form carefully. Be sure to include your name, mailing address, Social Security Number (or FEIN), the type of tax involved, the tax period, the penalty amount, and the number from the notice you received.

  • Write a detailed explanation describing the reasonable cause for your failure to file or pay. This explanation should be clear, complete, and supported by relevant facts and dates.

  • Attach supporting documentation to strengthen your request. Include death certificates, hospital records, disaster-related news articles, or correspondence with tax professionals.

Mail your completed packet to:

New Hampshire Department of Revenue Administration  

Hearings Bureau  

PO Box 1467  

Concord, NH 03302-1467

Important Timing Considerations

All requests—whether submitted online or by mail—must be filed within 60 days from the date listed on your penalty notice. The NHDRA will use the postmark date to determine timeliness for mailed requests. To protect your submission, consider using certified mail with a return receipt.

Strengthening Your Reasonable Cause Argument

The success of your penalty abatement request depends heavily on how well you explain your situation. The NHDRA reviews each request on a case-by-case basis, so a well-written and properly documented explanation can significantly improve your chances.

Best Practices for Crafting Your Explanation

  • Identify the event that prevented compliance. Explain how it directly impacted your ability to file your return or pay the amount you owe. Use dates and a logical sequence to show the timeline.

  • Include specific facts and relevant dates. Vague language such as "I was sick" or "I was busy" will not satisfy the Department’s standard for reasonable cause.

  • Explain what steps you took once the issue was resolved. Demonstrating that you acted quickly and responsibly once the obstacle was removed helps show you made every effort to comply.

Recommended Supporting Documents

  • For illness or death: Provide hospital discharge paperwork, doctor’s statements, or a death certificate along with your explanation.

  • For natural disasters: Include evidence such as FEMA declarations, insurance claims, or news coverage detailing the event and its timing.

  • For technical or system errors: Submit error messages, screenshots, or emails showing attempts to resolve the problem with tax software providers or the NHDRA.

  • For reliance on written advice: Provide a copy of your written request to the department and their written response, along with any related correspondence.

Example Statement (Excerpts)

“Due to a power outage during a winter storm on March 15, I could not access my computer systems or internet for 5 days. My return, originally due by March 20, was filed on March 23 once service was restored. Attached is documentation from my utility provider confirming the outage dates.”

A clear, fact-based explanation and strong documentation help establish your credibility and support your claim. If you're unsure about what qualifies, you may want help from a qualified tax advisor familiar with New Hampshire tax relief procedures.

Mistakes to Avoid When Applying for Penalty Relief

Even if you meet the reasonable cause criteria, errors in your request can lead to denial. The New Hampshire Department of Revenue Administration carefully reviews each submission, and minor missteps may prevent you from receiving the relief you seek.

Submitting Your Request After the Due Date

Filing after the 60-day window shown in your notice is one of the most common reasons a request is rejected. The state considers the mailing or online submission date the official filing date. Please mark the deadline on your calendar and submit your request early to ensure a smooth process.

Failing to Include Supporting Documentation

A strong written explanation without evidence may still result in a denial. The department needs proof to verify your claim. Always include documents that support your reasonable cause, such as a doctor’s note, FEMA declaration, or correspondence showing technical difficulties.

Citing Reasons That Do Not Qualify

Some explanations—though honest—are not accepted as valid causes for relief. If your request says you forgot, misunderstood the law, or didn’t have enough money to pay, it’s unlikely to be approved. The Department expects taxpayers to know their obligations and take reasonable steps to comply.

Submitting Incomplete or Inaccurate Forms

Omitting key fields—like your taxpayer identification number, tax period, or notice number—can delay your request or lead to automatic denial. Ensure every form section is filled out completely and accurately before sending it.

Not Connecting Your Explanation to the Penalty

It’s not enough to describe what happened—you must explain how that event directly prevented you from filing or paying your return by the due date. Creating a simple timeline of events can help you clarify your case.

What to Expect After Submission

Once your request is received, the New Hampshire Department of Revenue Administration will review it and notify you of the outcome. Processing times vary depending on the complexity of your situation and the department’s current workload.

Processing Timeline

  • You can expect a response for most requests within 30 to 90 days.

  • More complex cases or those filed during peak months (like February through April) may take longer to process.

Possible Outcomes

  • Approval: You will receive a letter confirming that some or all penalties have been waived. Interest on the unpaid tax may still apply and must be paid in full.

  • Denial: You’ll get a notice explaining why your request was rejected. You may revise and resubmit if the explanation is due to missing documentation or unclear reasoning.

  • Request for Additional Information: In some cases, the Department may ask you to send more records or clarification before making a decision.

What to Do After You Receive a Response

  • Review the letter carefully and confirm that the correct amount was adjusted.

  • You may appeal the decision if your penalty relief was denied and you still disagree.

  • Pay the remaining balance in full by the specified due date to avoid new penalties if approved.

If you are uncertain about how to interpret the results or what to do next, don’t hesitate to call us or consult a qualified tax professional for help.

Final Checklist Before You Submit Your Request

Before you send your penalty abatement request, use this checklist to ensure your submission is complete and accurate. A well-prepared request improves your chances of receiving relief and helps avoid unnecessary delays.

Documents and Information to Include

  • Your notice of assessment shows the type and amount of penalties assessed and the official notice date.

  • A completed Form A-101 or a correctly submitted Granite Tax Connect correspondence, including all required fields.

  • A clear, well-organized written explanation of your reasonable cause. This statement should describe what occurred, when, and why it prevented you from meeting your tax obligations.

  • Documentation supporting the described situation should be provided. These may include hospital records, death certificates, news articles, written advice from the department, or system error reports.

  • Identification details, including your name or business name, taxpayer identification number, tax type, and tax period.

Submission and Follow-up

  • Ensure your request is submitted within 60 days of the notice date.

  • If you are mailing your documents, send them certified mail with a return receipt whenever possible.

  • Keep a full copy of your submission and all attachments.

  • Allow adequate time for review, and be prepared to respond if the department requests additional information.

Submitting a complete and well-documented request shows the Department you are serious about resolving the issue and helps move the process forward more efficiently.

Frequently Asked Questions

What is the difference between penalty abatement and interest abatement in New Hampshire?

New Hampshire penalty abatement allows you to request relief from penalties for failure to file or pay your tax return on time. Interest, however, is usually not waived and continues to accrue on the amount you owe until the full payment is made. Even if your penalties are removed, you must still pay any remaining interest unless it results from a department error. See your notice for exact details.

Can I apply for penalty relief if I haven’t paid my full tax yet?

You may apply for penalty relief even if you haven’t paid the full amount due. While the penalties may be reduced, interest will still accrue on the unpaid tax. If you cannot pay the full amount immediately, you should file your return by the due date and request a payment plan. Showing that you’re trying to pay can help support your reasonable cause claim.

How long does it take to receive a decision on a penalty abatement request?

You may receive a response from the New Hampshire Department of Revenue Administration within 30 to 90 days. The review time depends on the complexity of your request, the documentation you send, and the volume of other submissions. The Department may contact you by letter or notice if additional information is needed. To help ensure a smooth process, please submit all required documents with your initial application.

What should I do if my penalty abatement request is denied?

You will receive a letter explaining the reason if your request is denied. You may revise and send a new request if key information or documents were missing. You also have the right to appeal to the Board of Tax and Land Appeals or the Superior Court. To strengthen your case, get help from a tax professional who can guide you through your next steps.

Does New Hampshire offer first-time penalty abatement like the IRS?

No, New Hampshire does not offer an automatic first-time penalty abatement like the IRS. Every request must meet the reasonable cause standard. If the incident is your first time being late, your compliance history may help support your request. Be sure to include clear explanations and supporting documents, and file your request by the 60-day deadline stated in your penalty notice.

Can I apply for penalty relief for more than one tax period?

You can apply for penalty relief for multiple tax periods if they involve the same reasonable cause. Ensure you include all required tax return periods, notice numbers, and documentation when you send your request. If the reasons differ, explain each clearly. The Department may request additional information depending on the months or amounts involved.

Will requesting penalty abatement trigger a tax audit or review?

Requesting penalty relief will not automatically trigger an audit. However, the Department will review your request and the information you provide. Be sure your explanation matches what you filed on your tax return. If your documents are clear and your timeline is accurate, your explanation will help prevent additional scrutiny. If you have questions, call us or get help before submitting your request.