SB 635 New Hampshire Senate · 2026 Regular Session

establishing a health reimbursement arrangement tax credit program and making an appropriation for improvements in the department of revenue administration's information management system.

SB 635 establishes a tax credit program for New Hampshire employers that use health reimbursement arrangements (HRAs) instead of traditional group health insurance. Employers with more than one employee (classified as "qualified taxpayers") can claim a credit of up to $400 per covered employee in the first year (reducing to $200 in the second year), with annual limits of $20,000 per employer in year one and $10,000 in year two. The credit is applied against state tax liability, with a total annual cap of $10 million across all claims, and unused credits may be carried forward for up to three years. This policy directly affects employers transitioning to HRAs and aims to offset costs for covering employee health expenses through tax incentives.
Bill status passed 3 of 5 stages cleared
Introduction
Nov 2025
Committee Review
Mar 2026
Senate Passage
Mar 2026
House Passage
Governor
Introduced Nov 25, 2025 Last action Mar 5, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced As Amended by the Senate · 11 edits
MAJOR
The Senate amendment significantly narrowed eligibility by limiting the tax credit to employers with fewer than 50 employees (previously any employer with more than one), reduced the per-employee credit from $400/$200 to a flat $300 for two consecutive years, cut the annual aggregate cap from $10 million to $2.5 million, and added new eligibility conditions requiring employers to have not sponsored group health insurance in the prior 3 years and to increase contributions by at least $300 over prior levels.
ELIGIBILITY

Qualified taxpayer definition changed from 'an employer with more than one employee' to 'an employer with fewer than 50 employees,' dramatically narrowing who can claim the credit.

Per-employee credit changed from $400 in the first year and $200 in the second year to a flat $300 per covered employee per year for up to 2 consecutive years.

New requirement that the qualified taxpayer did not contribute to an employer-sponsored group health insurance plan for the covered employee in any of the previous 3 years.

New requirement that the contribution to a qualified account must be at least $300 more than the amount provided in the last benefit year of an employer-sponsored group health insurance program or qualified account prior to the first year the credit was claimed.

FISCAL

The annual aggregate cap on total tax credits awarded was reduced from $10,000,000 per taxable year to $2,500,000 per state fiscal year.

Credit application order changed: credit is now applied against RSA 77-E (business enterprise tax) first, with any unused portion then applied against RSA 77-A (business profits tax), rather than being claimed directly on the state tax return.

REQUIREMENT

The application process changed from simply claiming the credit on a state tax return to submitting a formal application on a form prescribed by the commissioner, accompanied by required information or records.

ENFORCEMENT

Processing method changed from chronological order of filing to first come, first served basis, with random processing for applications received on the same day.

TIMELINE

Carryover language simplified from a detailed 3-year carryover with reduction provisions to a straightforward 'not more than 3 succeeding taxable periods' carry forward.

TECHNICAL

The commissioner's rulemaking authority changed from 'propose rules' to 'adopt rules,' giving the department direct authority to finalize regulations rather than merely proposing them.

SCOPE

The bill title and scope expanded to include an appropriation for improvements in the department of revenue administration's information management system, though the specific appropriation text is not shown in this diff excerpt.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
7
Key actions
3
Committee
3
Mar 5, 2026
Upper · Passed
Ought to Pass with Amendment #2026-0832s, MA, VV; 03/05/2026; SJ 5
upper
Mar 5, 2026
Upper · Passed
Committee Amendment # 2026-0832s, AA, VV; 03/05/2026; SJ 5
upper
Feb 20, 2026
Upper · Passed
Committee Report: Ought to Pass with Amendment # 2026-0832s, 03/05/2026, Vote 3-2; SC 8
upper
Nov 25, 2025
Introduced
Introduced 01/07/2026 and Referred to Ways and Means; SJ 1
upper
1 primary · 10 co-sponsors

Sponsors