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DelawareHB 255 w/ HA 2, HA 3153rd 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.

Research costs still expensed for corporations

The law lets Delaware C corporations immediately deduct domestic research and experimental costs. It applies to amounts paid from Jan 1, 2022 through Dec 31, 2025. Delaware uses the older federal rules for this period, not the newer capitalization rule. This means lower Delaware taxable income sooner for qualifying U.S.-based R&D.

Business owners must depreciate new equipment

Beginning Jan 1, 2026, individuals with business income must depreciate and amortize new equipment for Delaware tax. For property bought and placed in service after Dec 31, 2025, Delaware does not allow full expensing. For qualified production property, Delaware uses the older depreciation rules instead of a special bonus allowance. This applies to S corporation owners, partners, and sole proprietors.

Corporations must depreciate new equipment

For property bought and placed in service after Jan 19, 2025, Delaware does not allow full expensing. Corporations must depreciate and amortize it under the older federal rules. For qualified production property, Delaware also uses the older depreciation rules instead of a special bonus allowance. These rules apply for Delaware corporate income tax starting Jan 1, 2022.

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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