CHAPTER 19

FORMERLY

HOUSE BILL NO. 96

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 11, TITLE 30, DELAWARE CODE, RELATING TO ITEMIZED DEDUCTIONS.

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

Section 1. Subsection (a) of Section 1109, Chapter 11, Title 30, Delaware Code, is amended to read in its entirety as follows :

"(a) General - In determining taxable income under this Chapter, in lieu of the standard deduction provided by Section 1108, a resident individual may elect to deduct the sum of the itemized deductions claimed on his Federal return in determining his Federal taxable income or, if the standard deduction was claimed on his Federal return, the sum of the itemized deductions to which he would have been entitled had he itemized his deductions, reduced by:

(1) the amount thereof representing income taxes imposed by this State;

(2) the amount of any charitable contributions in excess of twenty per cent (20%) of Federal adjusted gross income as modified by Section 1106 of this title; and

(3) the amount of any income tax imposed on him for the taxable year by another state of the United States or a political subdivision thereof or the District of Columbia on income derived from sources therein if he elects to take such amount as a credit in accordance with Section 111 (a) of this Chapter."

Section 2. Section 1124, Chapter 11, Title 30, Delaware Code, is amended by striking the entire first sentence, and inserting in lieu thereof the following new sentence:

"In lieu of the standard deduction provided by Section 1123, a nonresident individual may elect to deduct the sum of the itemized deductions connected with income derived from sources within this State and deducted on his Federal return in determining Federal taxable income, or, if the standard deduction was claimed on his Federal return, the sum of such itemized deductions to which he would have been entitled had he itemized his deductions."

Section 3. Effective date. This Amendment shall apply to all taxable years commencing on or after January 1, 1973.

Approved April 16, 1973.