Title 30, State Taxes

§ 1905. Payment of tax. The tax imposed by this chapter shall be payable as follows: (1) Calendar year corporations. — a. Except as provided in paragraph (1)b. of this section, 50% of the estimated tax liability for the current taxable year shall be paid with the tentative return…

§ 1906. Short title. This chapter shall be entitled “Delaware Corporate Income Tax Law of 1958.”30 Del. C. 1953, § 1918; 51 Del. Laws, c. 298; 51 Del. Laws, c. 315, § 14; 68 Del. Laws, c. 187, §§ 12, 14;

§ 1907. Time of taking effect of tax. The tax shall be first effective with respect to income earned subsequent to December 31, 1957.30 Del. C. 1953, § 1920; 51 Del. Laws, c. 298; 51 Del. Laws, c. 315, § 16; 68 Del. Laws, c. 187, §§ 12, 14;

§ 1908. Historic rehabilitation. Any entity taxable under this section is eligible for tax credits in accordance with the Historic Preservation Tax Credit Act (Chapter 18 of this title), which credits shall be against taxes imposed under this chapter; provided, however, that all …

§ 1909. Withholding of income tax on sale or exchange of real estate by nonresident corporations. (a) Definitions. — (1) “Director” means the Director of the Division of Revenue or the Secretary of Finance of the State. (2) “Nonresident corporation” means, for purposes of this se…

§§ 1910, 1911. Interests and additions to the tax in case of deficiencies; addition to the tax in case of nonpayment; refunds [Repealed]. Repealed by 68 Del. Laws, c. 187, § 12, effective Jan. 1, 1992.

§ 1912. Penalties — Late filing; failure to file returns; false and fraudulent return; failure to maintain records. (a) Any person who wilfully fails, neglects or refuses to make a return or to pay the tax as prescribed in this chapter or who shall refuse to permit the Secretary …

§§ 1913-1916. Court action to compel furnishing of information; lien of tax; collection of tax; administration by Secretary of Finance [Repealed]. Repealed by 68 Del. Laws, c. 187, § 12, effective Jan. 1, 1992.

§§ 1917, 1918. Short title; time of taking effect of tax [Transferred]. Transferred.

§ 2001. Short title. This subchapter shall be known and may be cited as the “Neighborhood Assistance Act.”30 Del. C. 1953, § 2001; 56 Del. Laws, c. 405, § 1; 72 Del. Laws, 1st Sp. Sess., c. 250,, § 2;

§ 2001F. Purpose. The purpose of this chapter is to encourage artistic endeavors and investment in Delaware in the film, television, esports, and videogame industries, and the economic opportunities that come with them, by providing a tax credit for qualified production activitie…

§ 2002. Definitions. As used in this subchapter: (1) “Community development corporation” and “community-based development organization” means any locally-based, resident-controlled, nonprofit organization that plans and implements Community Economic Development projects in impove…

§ 2002F. Definitions. As used in this chapter: (1) “Commercial multi-market distribution” means broadcast of the resulting content from qualified activities inside and outside of this State through theaters, cable networks, over the air broadcast, streaming, digital means, and ha…

§ 2003. Declaration of policy. It is declared to be public policy of this State to encourage the investment by persons in offering neighborhood assistance both directly and by contributing to neighborhood organizations, to benefit individuals living in impoverished areas or low a…

§ 2003F. Delaware production tax credit. (a) A qualified company is entitled to credit equal to 30% of qualified expenditures for qualified activities against personal income tax, corporate income tax, insurance premium tax, or bank franchise tax imposed under Title 18, Title 5, …

§ 2004. Qualification for tax credit; Neighborhood Assistance Act Advisory Council. (a) For each taxable period beginning on or after July 1, 2007, a person that contributes to a neighborhood organization or that provides neighborhood assistance in an impoverished area or for low…

§ 2004F. Loan-out withholding. A production company or its authorized payroll service company shall withhold Delaware income tax at the rate of 6.6% on all payments to loan-out companies for services performed in Delaware by the loan-out company’s employees and shall deposit such…

§ 2005. State income tax credit; amount. (a) For purposes of computing taxable income under Chapter 11 or Chapter 19 of this title, relating to the personal income tax and the corporation income tax, the Secretary of Finance shall allow a credit equal to 50% of the amount investe…

§ 2005F. Entertainment production tax credit; procedures and administration. (a) The Division of Small Business shall administer this chapter. (b) The Division of Small Business may promulgate regulations, applications, and forms necessary to implement this chapter. The Division …

§ 2006. Limitations on credits. (a) The aggregate amount of such tax credits approved for all persons may not exceed $1,000,000 in any 1 fiscal year. (b) The Director of the Delaware State Housing Authority shall ensure that each application has the date and time of submission re…

§ 2006F. Appeals. (a) Where any taxpayer or other person who has applied for approval or certification in accordance with this chapter objects to a noncertification decision by the Division of Small Business, the taxpayer or other person is entitled to appeal the decision to the …

§ 2007. Unused tax credit. (a) Any person making contributions after July 1, 2007, that produce credits under § 2005 of this title, in amounts in excess of the maximum allowable credit permitted under § 2005 of this title shall be permitted to carry forward the excess contributio…

§ 2007F. Audit. (a) Any person or entity seeking the Delaware entertainment production tax credit under this chapter shall, at their own cost, cause to be conducted a full audit by an independent third-party, certified public accountant. The audit must cover the expenditures for …

§ 2008. Administrative costs. The Delaware State Housing Authority is authorized to use up to $50,000 of the interest income from the Housing Development Fund created under § 4030 of Title 31 for the support of administrative functions associated with this subchapter.81 Del. Laws…

§ 2008F. Report. (a) The Division of Small Business, with the input of the Delaware Motion Picture and Television Development Commission, Department of Labor, the Department of Finance, the Office of the State Bank Commissioner, and the Department of Insurance, shall issue a repo…

§ 2009F. Total amount of credits permitted in each fiscal year; priorities. (a) The maximum amount of credit awards under this chapter in any fiscal year may not exceed $10,000,000. The Secretary of State, with the input of the Delaware Motion Picture and Television Development C…

§ 2010. Definitions. As used in this subchapter and in subchapters III, V and VIII of this chapter: (1) “Qualified facility” is any qualified property that is not a large energy use facility located within this State that constitutes a new facility or an expanded facility and tha…

§ 2010F. Data disclosure and sharing. (a) By applying for this credit or accepting the transfer of a credit under this chapter, the applicant or transferee agrees to public disclosure of the amount of any credit awarded or transferred. (b) Notwithstanding any law to the contrary,…

§ 2011. Investment and employment credit against corporation income tax. (a) Any taxpayer (other than a public utility as defined in Chapter 1 of Title 26, unless such public utility is a provider of telecommunications services as described in § 2010(3)i. of this title) that: (1)…

§ 2011F. Sunset clause. No applications may be submitted after June 30, 2031, though projects having received initial approval prior to that date may receive final approval after such date. Any unused credits that receive final approval may be claimed or carried forward to the ex…

§ 2012. Reduction in license fees for investment and employment. (a) Any taxpayer that satisfies the requirements contained in § 2011(a) or § 2011(l) of this title for the allowance of a credit against the tax imposed by Chapter 19 of this title (relating to corporation income ta…

§ 2013. Rules and regulations. The Secretary shall prescribe such rules and regulations as the Secretary may deem necessary to carry out the purposes of this subchapter and subchapter III of Chapter 20 of this title.62 Del. Laws, c. 155, § 3; 64 Del. Laws, c. 460, § 2; 70 Del. La…

§ 2014. Report on effect of subchapters II and III of this chapter [Repealed].64 Del. Laws, c. 460, § 2; 69 Del. Laws, c. 458, § 1; repealed by 78 Del. Laws, c. 47, § 11, eff. July 1, 2011.;

§ 2015. Successors in title. Notwithstanding any other provision of this subchapter, §§ 2011 and 2012 of this title shall also apply to a successor in title who acquires a facility through purchase or a transaction described in § 368(a)(1) of the Internal Revenue Code [26 U.S.C. …

§ 2020. Definitions. As used in this subchapter: (1) “Commercial activity” is an activity constituting a business licensable under § 2301 of this title, other than any of the following business: Amusement conductor, amusement park operator, auctioneer, automobile race operator, b…

§ 2021. Credit against corporation income tax for investment and employment in targeted areas. (a) In the case of any taxpayer that: (1) Places in service, within any targeted area, as defined by § 2020(3)a. through c. of this title and § 2020(3)d. of this title [repealed], a qua…

§ 2022. Reduction in license fees for investment and employment in targeted areas. (a) Any taxpayer that: (1) Places in service, within any targeted area as defined by § 2020(3)a. through c. of this title and § 2020(3)d. of this title [repealed], a qualified facility in which the…

§ 2023. Subchapter S corporations [Repealed]. Repealed by 72 Del. Laws, c. 467, § 5, effective July 18, 2000.

§ 2024. Credit against personal income tax. Notwithstanding any reference in this chapter to Chapter 19 of this title, any taxpayer not subject to taxation under Chapter 19 of this title may claim the credits allowable under § 2011, § 2021, § 2040 or § 2070 of this title against …

§ 2030. Short title [For application of this subchapter, see 67 Del. Laws, c. 160, § 8 and 68 Del. Laws, c. 425, § 6]. This subchapter shall be known and may be cited as “The Travelink Traffic Mitigation Act.”67 Del. Laws, c. 160, § 1;

§ 2031. Declaration of purpose [For application of this subchapter, see 67 Del. Laws, c. 160, § 8 and 68 Del. Laws, c. 425, § 6]. The purpose of this subchapter shall be to mitigate traffic congestion associated with commuting to and from the work site during peak travel periods …

§ 2032. Definitions [For application of this subchapter, see 67 Del. Laws, c. 160, § 8 and 68 Del. Laws, c. 425, § 6]. (a) “The Department” shall mean the Department of Transportation and its several divisions, agencies, authorities, and administrations as appropriate. (b) “Depar…

§ 2033. Reduction in business taxes and/or license fees for mitigation of commuter traffic [For application of this subchapter, see 67 Del. Laws, c. 160, § 8 and 68 Del. Laws, c. 425, § 6]. (a) Employers who participate in a Department-approved travelink program shall be eligible…

§ 2034. Rules and regulations [For application of this subchapter, see 67 Del. Laws, c. 160, § 8 and 68 Del. Laws, c. 425, § 6]. The Secretary shall prescribe such rules and regulations as the Secretary may deem necessary to carry out the purposes of this subchapter, including bu…

§ 2035. Confidentiality [For application of this subchapter, see 67 Del. Laws, c. 160, § 8 and 68 Del. Laws, c. 425, § 6]. Written or recorded information, provided by employers as part of their application for or participation in a Department-approved travelink program, shall be…

§ 2036. Department responsibilities [For application of this subchapter, see 67 Del. Laws, c. 160, § 8 and 68 Del. Laws, c. 425, § 6]. The Department is responsible for reviewing and approving any public or private traffic mitigation plan or program including, but not limited to,…