DelawareHB 255153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO CORPORATE AND PERSONAL INCOME TAX.

Sponsored By: Kerri Evelyn Harris (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 2 costs, 0 mixed.

Business owners face slower property deductions

Beginning January 1, 2026, affected business owners use earlier property deduction rules on their Delaware personal income taxes. This includes owners reporting income through S corporations and partnerships. Both purchase and first use of the property must occur after December 31, 2025. Covered property includes property eligible for expensing under federal P.L. 119-21, Section 70301, and qualified production property under Section 70307. Delaware keeps earlier rules for deducting costs over time, which can delay deductions and raise near-term taxable income.

Corporations keep earlier research deduction rules

Corporations taxed as separate entities keep earlier federal deduction rules for domestic research and experimental costs on Delaware returns. Covered costs must be incurred from January 1, 2022, through December 31, 2025. The rule applies to tax years beginning on or after January 1, 2022. Delaware uses the rules from before federal P.L. 119-21, Section 70302, rather than that section's changes.

Corporations face slower property tax deductions

Corporations taxed as separate entities keep earlier property deduction rules for Delaware tax years starting on or after January 1, 2022. Property eligible for federal P.L. 119-21, Section 70301 expensing must be bought and first used after January 19, 2025. Qualified production property defined in Section 70307 also keeps the earlier rules. Delaware retains deductions over time instead of adopting those newer federal rules. This can delay deductions and raise near-term Delaware taxable income without eliminating property deductions.

Sponsors & Cosponsors

Sponsor

  • Kerri Evelyn Harris

    Democratic • House

Cosponsors

  • Alonna Berry

    Democratic • House

  • Frank Burns

    Democratic • House

  • Daniel Cruce

    Democratic • Senate

  • Krista Griffith

    Democratic • House

  • Debra Heffernan

    Democratic • House

  • Kimberly Williams

    Democratic • House

  • S. Elizabeth Lockman

    Democratic • Senate

  • Melissa Minor-Brown

    Democratic • House

  • Eric Morrison

    Democratic • House

  • DeShanna U Neal

    Democratic • House

  • Edward S. Osienski

    Democratic • House

  • Cyndie Romer

    Democratic • House

  • Ray Seigfried

    Democratic • Senate

  • David P. Sokola

    Democratic • Senate

  • Bryan Townsend

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 40 • No: 19

Senate vote • 11/19/2025

Passed (3/5 required)

Yes: 14 • No: 6

House vote • 11/13/2025

Passed (3/5 required)

Yes: 26 • No: 13

Actions Timeline

  1. Signed by Governor

    11/19/2025Governor
  2. Passed By Senate. Votes: 14 YES 6 NO 1 ABSENT

    11/19/2025Senate
  3. Reported Out of Committee (Executive) in Senate with 4 On Its Merits

    11/19/2025Senate
  4. Assigned to Executive Committee in Senate

    11/13/2025Senate
  5. Passed By House. Votes: 26 YES 13 NO 2 ABSENT

    11/13/2025House
  6. Amendment HA 3 to HB 255 - Passed By House. Votes: 36 YES 3 NOT VOTING 2 ABSENT

    11/13/2025House
  7. Amendment HA 3 to HB 255 - Introduced and Placed With Bill

    11/13/2025House
  8. Amendment HA 2 to HB 255 - Passed By House. Votes: 37 YES 2 NOT VOTING 2 ABSENT

    11/13/2025House
  9. Amendment HA 1 to HB 255 - Stricken in House

    11/13/2025House
  10. Amendment HA 2 to HB 255 - Introduced and Placed With Bill

    11/12/2025House
  11. Amendment HA 1 to HB 255 - Introduced and Placed With Bill

    11/12/2025House
  12. Reported Out of Committee (Administration) in House with 3 On Its Merits

    11/7/2025House
  13. Introduced and Assigned to Administration Committee in House

    11/5/2025House

Bill Text

  • Current

    11/5/2025

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