CHAPTER 381

FORMERLY

HOUSE BILL NO. 691

AN ACT TO AMEND CHAPTERS 23, 25, 27, 29 AND 43, TITLE 30 OF THE DELAWARE CODE RELATING TO BUSINESS AND OCCUPATIONAL GROSS RECEIPTS TAXES.

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

Section. Amend §2502 (c), Chapter 25, Title 30 of the Delaware Code by striking the symbol and figure "$6,000" as they appear in paragraph (1) thereof and Substitute in lieu thereof the symbol and figure 112,000".

Section 2. Amend §2903 (c), Chapter 29, Title 30 of the Delaware Code by striking the symbol and figure "$6,000" as they appear in paragraph (1) thereof and substitute in lieu thereof the symbol and figure 113,000".

Section 3. Amend §2904 (c), Chapter 29, Title 30 of the Delaware Code by striking the symbol and figure 16,000" as they appear in paragraph (1) thereof and substitute in lieu thereof the symbol and figure "$13,000".

Section 4. Amend §2905 (b), Chapter 29, Title 30 of the Delaware Code by striking the symbol and figure "$25,000" as it appears in paragraph (1) thereof and substitute in lieu thereof the symbol and figure 135.000".

Section 5. Amend §2906 (c), Chapter 29, Title 30 of the Delaware Code by striking the symbol and figure "$25,000" as they appear in paragraph (I) thereof and substitute in lieu thereof the symbol and figure 135,000".

Section 6. Amend §2907 (c), Chapter 29, Title 30 of the Delaware Code by striking the symbol and figure 16.000" as they appear in paragraph (1) thereof and substitute in lieu thereof the symbol and figure 113,000".

Section 7. Amend §4305 (b), Chapter 43, Title 30 of the Delaware Code by striking the symbol and figure 118,000" as they appear therein and substitute in lieu thereof the symbol and figure 139,000".

Section 8. Amend §2902 (c), Chapter 29, Title 30 of the Delaware Code by striking the symbol and figure "$10,000" as they appear in paragraph (I) of said subsection and substitute In lieu thereof the symbol and figure 120,000".

Section 9. Amend §2702 (b), Chapter 27, Title 30 of the Delaware Code by striking the symbol and figure 1500,000" as they appear In paragraph (1) of said subsection and substitute in lieu thereof the symbol and figure 1600,000".

Section 10. Amend §2301 (d), Chapter 23, Title 30 of the Delaware Code by striking said subsection in Its entirety and substitute in lieu thereof the following:

"(d)(1) In addition to the license fee required by subsections (a) and (b) of this section, every person shall also pay a license fee at the rate of 4/10 of I percent of the aggregate gross receipts paid to such person attributable to activities licensable under this chapter, which fee shall be payable monthly on or before the twentieth day of each month with respect to the aggregate gross receipts for the Immediately preceding month. In computing the fee due on such aggregate gross receipts for each month, there shall be allowed a deduction of $15,000. For purposes of this subsection, all branches or entities comprising an enterprise with common ownership or common direction and control shall be treated as one, and shall be allowed only one monthly deduction from the aggregate gross receipts of the entire enterprise. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require In computing this fee due.

(2) Notwithstanding paragraph (I) of this subsection, if the taxable gross receipts prescribed by paragraph (I) for any month in the calendar quarter do not exceed $30,000, the return and payment of the additional license fee imposed for such month shall be due on or before the twentieth day of the first month following the close of the quarter.

(3) Notwithstanding paragraphs (1) and (2) of this subsection, if the taxable gross receipts prescribed by paragraph Cl) for any calendar quarter do not exceed $15,000. the return and payment of the additional license fee Imposed for such quarter shall be filed on or before the 20th day of the first month following the close of a period for which tax is due and payable, or if that does not occur, on the twentieth day of the first month following the close of the fourth calendar quarter of the calendar year."

Section 11. This Act shall be effective for gross receipts received on or after January 1, 1989.

Approved July 14, 1988.