CHAPTER 374

FORMERLY

HOUSE BILL NO. 686

AN ACT TO AMEND SECTION 2901, CHAPTER 29, TITLE 30 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF GROSS RECEIPTS FOR WHOLESALER AND RETAILER LICENSE TAX PURPOSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend §2901, Chapter 29, Title 30 of the Delaware Code by striking paragraph (2), relating to the definition of "gross receipts", and by inserting in lieu thereof a new paragraph "(2)" to read as follows:

"(2) Gross Receipts.

In the case of a retailer, 'gross receipts' includes total consideration received for all goods sold or services rendered within this State, but shall not include tobacco products taxes or motor fuel taxes paid or payable to the State under Part IV of this Title.

in the case of a wholesaler, 'gross receipts' includes total consideration received from sales of tangible personal property physically delivered within this State to the purchaser or his agent, but shall not include (i) delivery to the United States mail or to a common or contract carrier for shipment to a place outside this State, or (ii) tobacco products taxes or motor fuel taxes paid or payable under part IV of this Title."

Section 2. Amend paragraph (1) of §2902(c), Chapter 29, Title 30 of the Delaware Code relating to wholesaler gross receipts tax, by striking the words "attributable to all goods sold by the wholesaler within this State" and inserting in lieu thereof "attributable to sales of tangible personal property physically delivered within this State".

Section 3. Effective Date. This Act shall take effect on January 1, 1985, and apply to license years or periods beginning after December 31, 1984.

Approved July 17, 1984.