CHAPTER 314

FORMERLY

HOUSE BILL NO. 760

AN ACT TO AMEND CHAPTERS 23, 25, 27 AND 29, TITLE 30, DELAWARE CODE ELIMINATING THE QUARTERLY OR MONTHLY RETURN FILING REQUIREMENTS FOR GROSS RECEIPT TAXES IN THE CASE OF CERTAIN SMALL BUSINESSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend paragraph (2) of subsection (d), Section 2301, Title 30, Delaware Code, by striking the figure "$1,000" each place it appears therein, and by inserting in lieu thereof the figure "$6,000".

Section 2. Amend subsection (c), Section 2502, Title 30, Delaware Code, relating to contractors, by designating all that appears as paragraph (I), and by adding a new paragraph (2) to read as follows:

"(2) Notwithstanding the provisions of paragraph (1), if the taxable gross receipts prescribed therein for any month in the calendar quarter do not exceed $2,000, the return and payment of the additional license fee imposed for such month shall be due on or before the 20th day of the first month following the close of the quarter."

Section 3. Amend subsection (b), Section 2702, Title 30, Delaware Code, relating to manufacturers, by designating all that appears as paragraph (1), and by adding a new paragraph (2) to read as follows:

"(2) Notwithstanding the provisions of paragraph (1), if the aggregate gross receipts prescribed therein for any month in the calendar quarter do not exceed $2,000, the return and payment of the additional license fee imposed for such month shall be due on or before the 20th day of the first month following the close of the calendar quarter."

Section 4. Amend subsection (c), Section 2902, Title 30, Delaware Code, relating to wholesalers, by designating all that appears as paragraph (1), and by adding a new paragraph (2) to read as follows:

"(2) Notwithstanding the provisions of paragraph (1), if the aggregate gross receipts prescribed therein for any month in the calendar quarter do not exceed $2,000, the return and payment of the additional license fee imposed for such month shall he due on or before the 20th day of the first month following the close of such calendar quarter."

Section 5. Amend subsection (c), Section 2903, Title 30, Delaware Code, relating to food processors, by designating all that appears as paragraph (I), and by adding a new paragraph (2) to read as follows:

"(2) Notwithstanding the provisions of paragraph (1), if the aggregate gross receipts prescribed therein for any month in the calendar quarter do not exceed $2,000, the return and payment of the additional license fee imposed for such month shall he due on or before the 20th day of the first month following the close of such calendar quarter."

Section 6. Amend subsection (c), Section 2904, Title 30, Delaware Code, relating to grain and feed dealers, by designating all that appears as paragraph (1), and by adding a new paragraph (2) to read as follows:

"(2) Notwithstanding the provisions of paragraph (1), if the aggregate gross receipts prescribed therein for any month in the calendar quarter do not exceed $2,000, the return and payment of the additional license fee imposed for such month shall be due on or before the 20th day of the first month following the close of such calendar quarter."

Section 7. Amend subsection (b), Section 2905, Title 30, Delaware Code, relating to general retailers, by designating all that appears as paragraph (1), and by adding a new paragraph (2) to read as follows:

"(2) Notwithstanding the provisions of paragraph (1), if the taxable gross receipts prescribed therein for any month in the calendar quarter do not exceed $2,000, the return and payment of the additional license fee imposed for such month shall be due on or before the 20th day of the first month following the close of such calendar quarter."

Section 8. Amend subsection (c), Section 2906, Title 30, Delaware Code, relating to restaurant retailers, by designating all that appears as paragraph (1), and by adding a new paragraph (2) to read as follows:

"(2) Notwithstanding the provisions of paragraph (1), if the aggregate gross receipts prescribed therein for any month in the calendar quarter do not exceed $2,000, the return and payment of the additional license fee imposed for such month shall be due on or before the 20th day of the first month following the close of such calendar quarter."

Section 9. Amend subsection (c), Section 2907, Title 30, Delaware Code, relating to farm machinery retailers, by designating all that appears as paragraph (1), and by adding a new paragraph (2) to read as follows:

"(2) Notwithstanding the provisions of paragraph (1), if the aggregate gross receipts precribed therein for any month in the calendar quarter do not exceed $2,000, the return and payment of the additional license fee imposed for such month shall be due on or before the 20th day of the first month following the close of such calendar quarter."

Section 10. This Act shall take effect on January 1, 1983 with respect to license years commencing after December 31, 1982.

Approved June 30, 1982.