Delaware General Assembly


CHAPTER 393

FORMERLY

HOUSE BILL NO. 560

AN ACT TO AMEND CHAPTER 13, TITLE 30, DELAWARE CODE, RELATING TO THE INHERITANCE TAX.

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 §1301, Chapter 13, Title 30 of the Delaware Code, by striking existing subsection (f) of said section in Its entirety and substitute in lieu thereof a new subsection (f) to read as follows:

"(f) 'Stepchild' means a child of a spouse of the decedent."

Section 2. Amend Section 1322, Chapter 13, Title 30 of the Delaware Code by striking existing subsection (2) In its entirety and substitute in lieu thereof a new subsection (2) to read as follows:

"(2) Class B. Where the property or any interest or estate therein passes to or for the use of a Parent. grandparent, child by birth, wife or widow of a son or the husband or widower of a daughter, a child by legal adoption, the lineal descendant of the decedent, a stepchild of the decedent or the lineal descendent of a stepchild of the decedent, the tax on such property, interest or estate shall be at the following rates:

a. On that part of its value exceeding $25,000 and not exceeding $50,000, 2 percent;

b. On that part of its value exceeding $50,000 and not exceeding $75,000, 3 percent;

c. On that part of its value exceeding $75,000 and not exceeding $100,000, 4 percent;

d. On that part of its value exceeding $100,000 and not exceeding $200,000, 5 percent;

e. On that part of its value exceeding $200,000, 6 percent."

Section 3. Amend §1322, Chapter 13, Title 30 of the Delaware Code, by striking existing subsection (3)a of said section in its entirety and substitute in lleu thereof a new subsection (3)a to read as follows:

"a. On that part of its value exceeding $5,000 and not exceeding $25,000, 5 percent,"

Section 4. Amend Section 1342, Chapter 13, Title 30 of the Delaware Code by adding at the end of subsection (a) of said section a new sentence to read as follows:

"Interest on amounts due under this Chapter for inheritances from estates involved in litigation, however, shall commence to accrue nine months from the date of the decedent's death."

Section 5. This Act shall become effective with respect to decedents dying on or after January 1987.

Approved July 2, 1986