Why New Hampshire?

New Hampshire has written protections for digital-asset users, miners, and builders into state law, offers a non-depository trust company charter, and has no income tax on wages and no general sales tax. Here are the facts, with sources.

If you run a blockchain or digital-asset company and are deciding where to base or grow it, New Hampshire is worth a close look. Over the past few years the state has passed specific laws for the industry. It has followed through on the recommendations of a governor's commission, and it keeps a business tax structure that is simple by national standards. This page sets out the facts and links each one to its source, so you and your advisors can check them.

Last reviewed: October 2026 · Maintained by the NHBC Policy Committee (reviewed each legislative session)

This page is general information, not legal or tax advice. Laws change, and how they apply depends on your facts. Talk to qualified New Hampshire counsel and tax advisors before you act.

Legislation

The Blockchain Basic Laws (HB 639, 2026)

Governor Ayotte signed HB 639 on July 10, 2026, as Chapter 286, Laws of 2026. It took effect on September 8, 2026. The act adds a new chapter, RSA 359-V, called "The Blockchain Basic Laws." In its findings, the Legislature says New Hampshire "should establish a state legal regime that offers an attractive jurisdiction for the best responsible blockchain innovators, entrepreneurs, and businesses while protecting their investors and consumers."

Under the new chapter:

Payments and self-custody. No state or local agency may prohibit, restrict, or impair a person's ability to use digital assets to buy legal goods or services. The same applies to holding digital assets in a self-hosted or third-party wallet. Agencies also may not impose a tax or charge based solely on the fact that a digital asset was used to pay.
Nodes and staking. No state or local agency may prohibit anyone from running a node, transferring digital assets on a blockchain protocol, or staking.
Mining and money transmission. Home miners and digital-asset mining businesses do not need a money transmitter license under RSA 399-G for their mining. Neither do people who run nodes.
Securities treatment. Mining or staking with your own assets is not treated as offering or selling a security under the state securities act, RSA 421-B. Staking-as-a-service offered by an exchange gets the same treatment under stated conditions.
Validator liability. Miners, node operators, and staking providers are not liable for a specific transaction merely because they validated it.
Remedies. A person directly affected by a violation can seek declaratory, injunctive, or other equitable relief. A purposeful violation can also lead to an award of attorney's fees.

The same act authorizes a Blockchain Dispute Docket in the Superior Court under new RSA 491:7-c. Parties can agree to bring blockchain-related disputes before a justice chosen for knowledge of law and technology. Setting up the docket requires a Supreme Court order and the appointment of a presiding justice by the Governor and Executive Council.

Treasury authority to hold digital assets (HB 302, 2025)

Chapter 4, Laws of 2025 was signed on May 6, 2025, and took effect on July 5, 2025. It created RSA 6:8-d, "Strategic Reserve Established." The law lets the State Treasurer invest part of certain public funds in precious metals and in digital assets with an average market capitalization above $500 billion over the previous calendar year. No more than 5 percent of total public funds may go into any of these investments. Digital assets must be held in one of three ways:

by the Treasurer, through a custody solution that meets security standards set in the statute;
by a qualified custodian, such as a state or federally chartered bank or trust company;
as a regulated exchange-traded product.

Decentralized autonomous organizations (RSA 301-B)

The New Hampshire Decentralized Autonomous Organization Act took effect on July 1, 2025. It gives qualifying DAOs a legal framework under RSA 301-B. The chapter covers legal existence, liability of participants and administrators, and contentious forks, restructuring, and failure events. A 2026 law gives the Secretary of State until January 1, 2027 to finish the state DAO registry.

Money transmission and virtual currency

RSA 399-G:3, VII exempts from the state money transmitter licensing law anyone who sells or issues payment instruments or stored value "solely in the form of convertible virtual currency," or who receives convertible virtual currency for transmission. The New Hampshire Banking Department has stated that it neither licenses nor supervises crypto-only transmitters. Businesses that handle fiat currency, or fiat and crypto together, still need a license. Crypto-only activity remains subject to the state Consumer Protection Act, RSA 358-A. Federal registration requirements may still apply.

Consumer protection that fits the industry

New Hampshire has also targeted specific risks. SB 482 sets rules for digital-asset kiosk ("crypto ATM") operators and takes effect on December 16, 2026. The rules include identity verification, a 48-hour hold on a customer's first transaction, daily limits, fraud warnings, clear disclosure of fees and spreads, and refunds for transactions induced by fraud. The aim is to curb scams while still allowing kiosks to operate lawfully and responsibly.

Commission work

The Governor's Commission on Cryptocurrencies and Digital Assets

Governor Sununu created the commission by Executive Order 2022-1 on February 9, 2022. Its members came from the Attorney General's office, the Banking Department, both chambers of the Legislature, the state's bank and credit union associations, and the public. Chaired by William Ardinger, the commission approved a 67-page final report in December 2022 with 12 recommendations.

Those recommendations have since shaped state law:

The commission recommended a legal framework for DAOs. The Legislature enacted RSA 301-B.
It recommended a Blockchain Dispute Docket in the Superior Court. HB 639 authorized one.
It raised concerns about burdens on people who hold their own digital assets. HB 639 now protects self-custody.

HB 639 expressly adopts the commission's findings.

The stable token and tokenization study commission (HB 310)

Chapter 177, Laws of 2025 set up a legislative commission to study possible state regulatory frameworks for stable tokens, tokenized real-world assets, and blockchain-based trusts. Its members include legislators, the Banking Department, the Secretary of State, the Attorney General, blockchain and banking industry representatives, and an academic. The commission's charge covers consumer protection and risk management as well as economic opportunity and job creation. Its report is due by November 1, 2026.

Trust law and custody

New Hampshire has a long-standing trust and trust company framework. Companies that hold digital assets for clients, and families planning for digital-asset wealth, may want to consider it.

Non-depository trust companies. Under the Trust Company Act, RSA 383-C, a trust company is "a nondepository state bank that engages in trust business." It is chartered and supervised by the Banking Department and may not accept deposits. Its powers depend on a business plan and capital plan approved by the Commissioner. They include acting as trustee, trust advisor, or trust protector, and acting as custodian of property for safekeeping.
Digital-asset custody in practice. Executive Order 2022-1 states that New Hampshire's banking laws are "already broad enough" for state-chartered institutions to offer digital-asset services, including custody. At least one digital-asset custodian operates under a New Hampshire charter. Foris DAX Trust Company, LLC, which does business as Crypto.com Custody Trust Company, appears on the Banking Department's docket as a new trust company. It describes itself as "a Qualified Custodian regulated by the New Hampshire Banking Department as a non-depository trust company." Any new activity still goes through the Department's application and business-plan review.
Directed trusts. The New Hampshire Trust Code, RSA 564-B, allows divided and directed trusts. Investment powers can be given to someone other than the trustee. A trustee who follows those directions is an "excluded fiduciary" to that extent.
Trust advisors and protectors. Under RSA 564-B:12-1201, a trust advisor or protector may hold powers such as directing "the acquisition, disposition, or retention of any trust investment," changing the trust's governing law or place of administration, and removing and replacing trustees. These tools can help when trust assets need specialized technical or investment judgment.

Business climate

No income tax on wages. In the words of the Department of Revenue Administration, "The State of New Hampshire does not have an income tax on an individual's reported W-2 wages" (NH DRA).
No general sales tax. "There is no general sales tax on goods purchased in New Hampshire" (NH DRA). Some targeted taxes do apply, such as the Meals and Rooms Tax.
Interest and Dividends Tax repealed. The tax no longer applies to taxable periods beginning on or after January 1, 2025 (NH DRA).
Business taxes. Businesses do pay state taxes. The Business Profits Tax rate is 7.5 percent (RSA 77-A:2). The Business Enterprise Tax is 0.55 percent of the enterprise value tax base (RSA 77-E:2). Both apply above filing thresholds.
A practical regulatory posture. The statutes and agency positions above follow a consistent pattern. The state writes protections for users and builders into law, licenses and supervises institutions that hold customer funds, and targets consumer-protection rules at real harms such as kiosk scams.

Working with NHBC

The New Hampshire Blockchain Council is a 501(c)(6) industry council for companies and professionals building with blockchain and digital assets in the state. We can help you:

Understand the landscape. Find out what the law says, what's pending, and who to talk to. Our policy page tracks the issues we're following.
Have a voice. Members take part in our policy work as lawmakers and regulators take up the next round of questions.
Meet the community. Our events bring together founders, investors, attorneys, bankers, and public officials.

Learn more about NHBC, or join to get involved.

Last reviewed: October 2026 · Maintained by the NHBC Policy Committee (reviewed each legislative session)

Review owner: Policy Committee / Board of Directors.

If you spot something out of date, please let us know.