CHAPTER 377

FORMERLY

SENATE BILL NO. 493

AN ACT TO AMEND CHAPTER 11, TITLE 30, DELAWARE CODE, RELATING TO THE PERSONAL INCOME TAX.

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

Section 1. Amend §1162. Chapter 11, Title 30, Delaware Code, by designating existing §1162 as subsection (a) of said section and adding thereto a new subsection (b) to read as follows:

"(b) When the federal Income tax liability of husband and wife is determined on a joint federal income tax return and they elect to file separate returns under this Chapter, then Internal Revenue Code §469(I)(5)(A) shall apply and §469(i)(5)(B) shall not apply to the separate returns."

Approved July 14, 1988.