CHAPTER 103

FORMERLY

HOUSE BILL NO. 267

AN ACT TO AMEND CHAPTERS 21, 54, 61 AND 63 OF TITLE 30 OF THE DELAWARE CODE RELATING TO EXTENSIONS OF PERIODS OF LIMITATION WITH RESPECT TO BUSINESS AND OCCUPATIONAL LICENSE FEES AND TAXES, REALTY TRANSFER TAX, PUBLIC ACCOMMODATION TAXES, AND AFFILIATED FINANCE COMPANY TAXES.

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

Section 1. Amend §2103, Chapter 21, Title 30 of the Delaware Code by redesignating existing subsections (g), (h), and (i), respectively, as subsections (h), (i), (j) of said Section and add to said Section a new subsection (g) to read as follows:

"(g) Where before the expiration of the time prescribed in subsection (e) of this Section for the assessment of the amount due, both the Secretary of Finance and the taxpayer shall have consented in writing to its assessment after such time, the amount due may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon."

Section 2. Amend §5411, Chapter 54, Title 30 of the Delaware Code by redesignating subsections (c) and (d) of said Section as subsections (d) and (e) and add thereto a new subsection (c) to read as follows:

"(c) Where before the expiration of the time prescribed in subsection (a) of this Section for the determination of the amount due, both the Secretary of Finance and the taxpayer shall have consented in writing to its determination after such time, the amount due may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon."

Section 3. Amend §6106, Chapter 61, Title 30 of the Delaware Code by designating existing §6106 as subsection (a) of said Section and add to said Section a new subsection (b) to read as follows:

"(b) Where before the expiration of the time prescribed in subsection (a) of this Section for the determination of the amount due, both the Secretary of Finance and the taxpayer shall have consented in writing to its determination after such time, the amount due may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon."

Section 4. Amend §6306, Chapter 63, Title 30 of the Delaware Code by redesignating subsections (d) and (e) respectively as subsections (e) and (f) of said Section and add thereto a new subsection (d) to read as follows:

"(d) Where before the expiration of the time prescribed in subsection (c) of this Section for the determination of the amount due, both the Secretary of Finance and the taxpayer shall have consented in writing to its determination after such time, the amount due may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon."

Approved July 8, 1987.