New Hampshire Code of Administrative Rules
Emp - Commissioner, Department of Employment Security
Chapter Emp 300 - EMPLOYER REQUIREMENTS
Part Emp 307 - EMPLOYEE LEASING
Section Emp 307.03 - Common Paymaster Arrangements

Universal Citation: NH Admin Rules Emp 307.03

Current through Register No. 40, October 3, 2024

(a) For the purposes of Emp 307, an employee leasing arrangement shall not include common paymaster arrangements wherein an employer shares employees with a commonly owned company within the meaning of Section 414(b) and (c) of the Internal Revenue Code of 1986, and which does not hold itself out as an employee leasing company.

(b) A company shall not be considered to hold itself out as an employee leasing company unless its primary business purpose is providing leased employees to client companies which are unrelated to it.

(c)Client companies shall not be considered unrelated to leasing companies if:

(1) Either company is owned in whole, or in part, by the other;

(2) The companies are owned in whole, or in part, directly, or indirectly, by entities with one or more of the same investors, directors, or persons with policy-making roles;

(3) One of the companies directly or indirectly controls the other;

(4) The companies are directly or indirectly controlled by the same entity or related entities; or

(5) There are similar financial interests, ownership or control between or among the companies.

(d) An ownership interest of less than 5 percent shall be disregarded in applying paragraph (c).

#5815, eff 4-22-94; ss by INTERIM #5919, eff 11-5-94, EXPIRED: 3-5-95

New. #6142, eff 12-20-95; ss by #8002, INTERIM, eff 12-20-03, EXPIRED: 6-17-04; ss by #8089, eff 5-27-04; renumbered by #10081 (formerly Emp 306.03 )

The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available.

The amended version of this section by New Hampshire Register Volume 35, Number 49, eff.11/12/2015 is not yet available.

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