CHAPTER 300

FORMERLY HOUSE BILL NO. 532

AS AMENDED BY

HOUSE AMENDMENT NO. 1

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

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

Section 1. Section 1102, Chapter 11, Title 30, Delaware Code, is amended to read after the words, "but not in excess of $8,000:" as follows:

of the amount of taxable income in excess of $8,000 but not in excess of $20,000; 81/2% of the amount in excess of $20,000 but not in excess of $25,000; 9% of the amount in excess of $25,000 but not in excess of $30,000; 11% of the amount in excess of $30,000 but not in excess of $40,000; 12% of the amount in excess of $40,000 but not in excess of $50,000; 14% of the amount in excess of $50,000 but not in excess of $75,000; 15% of the amount in excess of $75,000 but not in excess of $100,000; 18% of the amount in excess of $100,000."

Section 2. Section 1102, Chapter 11, Title 30, Delaware Code, is renumbered as subsection (a), Section 1102 and a new subsection (b) is created to read as follows:

"(b) Where the rates of tax prescribed in subsection (a) of this section are changed during a taxable year, the Secretary of Finance shall prescribe such rules and regulations as are necessary to compute the increase in rates of tax on the proportion of income earned subsequent to the effective date of change in rate."

Section 3. The rate increase imposed by Section 1 of this Act shall be applied against income earned from August 1, 1971 until December 31, 1971.

Section 4. Section 1102, Chapter 11, Title 30, Delaware Code, is amended to read after the words, "but not in excess of $8,000;" as follows:

"; 8% of the amount of taxable income in excess of $8,000 but not in excess of $20,000; 8 1/2% of the amount in excess of $20,000 but not in excess of $25,000; 9% of the amount in excess of $25,000 but not in excess of $30,000; 11% of the amount in excess of $30,000 but not in excess of $40,000; 12% of the amount in excess of $40,000 but not in excess of $50,000; 14% of the amount in excess of $50,00 but not in excess of $75,000; 15% of the amount in excess of $75,000, but not in excess of $100,000; 18% of the amount in excess of $100,000.

Section 5. The rate increase imposed by Section 4 of this Act shall be applied against income earned on and after January 1, 1972.

Section 6. If any section, subsection, sentence, phrase, or word of this Act is declared unconstitutional under the Constitution of Delaware or of the United States, by any state or federal court of competent jurisdiction, or is otherwise held to be invalid, the remainder of this Act shall be unimpaired and shall continue in full force and effect and criminal prosecution thereunder shall not be affected.

Section 7. This Act shall take effect on August 1, 1971.

Approved July 31, 1971.