N.H. Admin. Code § Emp 502.06

Current through Register No. 50, December 12, 2024

Section Emp 502.06 - Earnings From Self-Employment

(a) For purposes of RSA 282-A:14, III(a), "earnings from self-employment" means every form of remuneration for personal services, paid or payable, directly or indirectly to the individual or to the individual's business.

(b) An individual shall be considered self-employed if the individual would, upon terminating his or her current activities, be considered under Emp 503.03(a) to have been previously self-employed or to have had a business.

(c) If an individual's remuneration for personal services is earned from the sale of goods, the cost of sold goods to the individual shall be deducted to determine earnings from self-employment.

(d) Cost of sold goods shall only include:

(1) The cost, paid or payable, of the goods to the individual;

(2) The costs to the individual for delivery of the goods to the individual;

(3) If the goods were delivered directly to the individual's customer rather than first being delivered to the individual, the cost to the individual for delivery of the goods to the customer; and

(4) The cost to the individual for personal services of others if:

a.The cost is not inflated over market value;

b.The services were actually performed; and

c.A reasonably prudent person would have incurred the cost of the personal services.

(e) Cost of such goods shall not include:

(1) Cost of inventory;

(2) Office expenses;

(3) Depreciation;

(4) Advertising;

(5) Repayment of a loan;

(6) Transportation, personal services or delivery costs other than those listed in Emp 502.06(d); and

(7) Any other business expense which:

a.Increases the book value of the business;

b.Anticipates the decrease in value of an asset due to obsolescence or use;

c.Benefits the business over an indefinite period of time; or

d.Is not attributable to a particular sale.

(f) Earnings from self-employment shall be deemed to have been received by the individual in such week or weeks in which the individual performed the services which entitle the individual to such earnings.

N.H. Admin. Code § Emp 502.06

#7993, eff 11-26-03, EXPIRED: 11-26-11

Adopted byVolume XXXIV Number 28, Filed July 10, 2014, Proposed by #10628, Effective 6/30/2014, Expires6/30/2024.

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