CHAPTER 538

AN ACT TO AMEND TITLE 30, DELAWARE CODE, CHAPTER 11, RELATING TO INCOME TAX.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 30, Section 1170, Delaware Code, is hereby amended by changing the catchline thereof to read as follows:

§ 1170. Supplemental returns; amended returns

Section 2. Title 30, Section 1170, Delaware Code, is hereby further amended by adding the letter "(a)" before the word "If" as the same appears in line 1 of said Section.

Section 3. Title 30, Section 1170, Delaware Code, is hereby further amended by adding thereto a new subsection, to be designated as "(b)" and to read as follows:

(b) Any adjustments made by a taxable by virtue of amending a federal return or by virtue of a change in either the federal tax or the federal taxable income must be reported by the taxable to the Tax Department by filing an amended Delaware tax return or by filing with the Tax Department the Internal Revenue Service Agent's reports or copies, or both, within 90 days after a final determination of such adjustments.

Section 4. Title 30, Section 1181, Delaware Code, is amended by adding thereto a new subsection to be designated as "(c)" and to read as follows:

(c) Whenever a final determination is made pursuant to Section 1170 (b), which shall be deemed to include any agreement made by a taxable with the Internal Revenue Service for extending the period for assessing deficiencies or making refunds, or if, for any reason whatsoever, the limitations period for

(d) federal tax purposes is extended, then the period for which an assessment can be made under this title shall be extended for a period of one year from the date a the federal tax extension.

Section 5. Title 30, Section 1181, is further amended by adding thereto a new subsection to be designated as "(d)" and to read as follows:

(d) In the event a taxable fails to file an amended return with the Tax Department within 90 days of the final determination as provided for in Section 1170 (b), the limitation of one year as provided for in subsection (c) shall not commence until the final determination is filed with the Tax Department.

Section 6. The provisions of this Act shall be effective for income tax returns filed after December 31, 1968.

Approved June 9, 1970.