CHAPTER 389

FORMERLY

SENATE BILL NO. 469

AN ACT TO AMEND CHAPTER 29, TITLE 30, DELAWARE CODE RELATING TO RETAIL AND WHOLESALE MERCHANTS' LICENSE REQUIREMENTS AND TAXES.

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

Section 1. Amend §2901, Chapter 29, Title 30 of the Delaware Code by striking paragraph (2) of said section in its entirety and substitute in lieu thereof the following:

"(2) 'Gross Receipts':

(a) In the cue 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 or gasoline and special fuel taxes paid or payable to the Federal Government under Internal Revenue Code Sections 4041 or 4081.

(b) In the cue 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: (1) 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 to the State under Part IV of this Title or gasoline and special fuel taxes paid or payable to the Federal Government under Internal Revenue Code Sections 4041 or 4081."

Section 2. This Act shall be effective for gross receipts received on or after January 1, 1987.

Approved July 2, 1986.