1. (a) Charitable trusts shall complete and submit their annual reports on Form NHCT-12 “Annual Report,” effective September 2022, available on www.doj.nh.gov/charitable-trusts/forms.htm.

2. (b) Charitable trusts shall provide the following documents with the completed Form NHCT-12:

   1. (1) One of the following types of financial reports for the fiscal year for which the report is filed:

      1. a. Form NHCT-12 Schedule A;
      2. b. Internal Revenue Service Form 990 (with the exception of Schedule B “Schedule of Contributors”);
      3. c. Internal Revenue Service Form 990-EZ (with the exception of Schedule B “Schedule of Contributors”);
      4. d. Internal Revenue Service Form 990-PF (with the exception of Schedule B “Schedule of Contributors”);
      5. e. Internal Revenue Service Form 5227; or
      6. f. Probate accounting submitted to the probate court;
   2. (2) Form NHCT-12 Schedule B;

   3. (3) If the charitable trust is a New Hampshire-based charitable trust and is not a private foundation, Form NHCT-12 Schedule C, and the charitable trust shall provide with Schedule C the following:

      1. a. If any pecuniary benefit transactions listed on Schedule C amount to $5,000 or more during the year:

         1. 1. The written notice provided to the director pursuant to RSA 7:19-a, II(d);
         2. 2. The notice published in the newspaper pursuant to RSA 7:19-a, II(d); and
         3. 3. The minutes of the meeting of the board, approving the transaction;
      2. b. Any amendments to the governing documents of the charitable trust; and
      3. c. If the entity was the subject of any fine, penalty, or adverse judgment, documentation setting forth the fine, penalty, or adverse judgment;
   4. (4) If the charitable trust has issued any charitable gift annuities, in accordance with Jus 411, Form NHCT-12 Schedule D; and

   5. (5) If the charitable trust has terminated, dissolved, ceased its charitable purposes in New Hampshire, or otherwise seeks to withdraw its registration with the charitable trusts unit, Form NHCT-12 Schedule E, and the charitable trust shall provide with Schedule E the following:

      1. a. With respect to dissolution of a New Hampshire nonprofit corporation, the secretary of state Form NP-5 “Statement of Dissolution,” available online https://sos.nh.gov/corporation-ucc-securities/corporation/forms-and-fees/;
      2. b. With respect to dissolution of an unincorporated association, the minutes of the governing board meeting at which the vote to dissolve was approved;
      3. c. With respect to the merger of a New Hampshire nonprofit corporation, the plan of merger filed with the secretary of state pursuant to RSA 292:7;
      4. d. With respect to termination of an express trust, the court order, nonjudicial settlement agreement, or other document that reflects termination;
      5. e. With respect to cessation of charitable activities by a nonprofit organization that has not been determined by the Internal Revenue Service to be a tax exempt organization pursuant to 26 U.S.C. § 501(c)(3) of the Internal Revenue Code, as amended, the minutes of the governing board meeting at which the vote to cease charitable activities was approved;
      6. f. With respect to the withdrawal from New Hampshire by a foreign nonprofit corporation that is registered with the New Hampshire secretary of state, the secretary of state form FNP-5 “Application for Certificate of Withdrawal of a Foreign Nonprofit Corporation,” available online https://sos.nh.gov/corporation-ucc-securities/corporation/forms-and-fees/; or
      7. g. With respect to the withdrawal from New Hampshire by a foreign nonprofit corporation that dissolved as a corporation, the dissolution document filed with the foreign nonprofit corporation’s state of incorporation;

   6. (6) If the charitable trust is a New Hampshire-based organization with annual revenue that exceeds $500,000 and is not a private foundation, one of the following financial statements:

      1. a. For charitable organizations with annual revenue of $500,000 or more but less than $2,000,000, a financial statement prepared in accordance with generally accepted accounting principles; or
      2. b. For charitable organizations with annual revenue of $2,000,000 or more, an audited financial statement; and
   7. (7) If the charitable trust files Internal Revenue Service Form 1041, the organization’s Form 1041 for the fiscal year for which the report is filed.

3. (c) A charitable trust required to file a financial statement in accordance with Jus 404.02(b)(6) may seek an exemption from that requirement by submitting a written request to the director setting forth why the requirement constitutes a financial burden on the entity. The director shall grant such an exemption if the director determines that the requirement would constitute a financial burden on the entity, and:

   1. (1) The charitable trust is in good standing as set forth in Jus 406.02(a)(4); and
   2. (2) The charitable trust was not required in the prior year to submit the particular financial statement.
4. (d) Form NHCT-12 shall be signed under oath by the presiding officer or treasurer of the governing board or a trustee of an express trust. Form NHCT-12 may be signed by the executive director or other paid employee of a charitable organization only if the entity is not New Hampshire-based.
5. (e) Form NHCT-12 may be submitted by an authorized agent if the form is electronically filed and the charitable trust submits for the applicable fiscal year Form NHCT-50 “Authorization for Electronic Filing by Agent,” pursuant to Jus 412.
6. (f) The completed Form NHCT-12 shall be accompanied by a non-refundable fee of $75.00, unless previously paid with a Form NHCT-14 “Application for Extension of Time to File Annual Report,” effective September 2022, available on www.doj.nh.gov/charitable-trusts/forms.htm..
7. (g) Form NHCT-12 and accompanying schedules and documents shall be submitted to the charitable trusts unit either in hardcopy or online at www.doj.nh.gov/charitable-trusts/forms.htm.

Source. #13455, eff 10-7-22; ss by #14162, eff 12-27-24