HOUSE BILL NO. 121
AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 2
AN ACT TO AMEND CHAPTER 3, TITLE 30 OF THE DELAWARE CODE RELATING TO THE ADMINISTRATION OF TAX LAWS IN THE EVENT OF SERVICE IN A COMBAT ZONE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 3, Title 30 of the Delaware Code by adding
thereto a new §376 to read as follows:
"§376. Time for performing certain acts postponed by reason of service in combat zone.
(a) In the case of an individual serving in the Armed Forces of the United States, or serving in support of such Armed Forces, in an area designated by the President of the United States by Executive Order as a 'combat zone' for purposes of §112 of the Internal Revenue Code, at any time during the period designated by the President by Executive Order as the period of combatant activities in such zone for purposes of such section, or hospitalized as a result of injury received while serving in such an area during such time, the period of service in such area, plus the period of continuous hospitalization attributable to such injury, and the next 195 days thereafter, shall be disregarded in determining under this title (other than Chapters 30, 51 and 52), in respect of any tax liability (including any interest, penalty, additional amount, or addition to the tax) of such individual --
(1) Whether any of the following acts was performed within the time prescribed therefor:
a. Filing any return of income, estate, inheritance or gift tax (except income tax withheld at source);
a. Payment or any income, estate, inheritance or gift tax (except income tax withheld at source) and or any installment thereof or any other liability to the State of Delaware in respect thereof;
b. Filing a protest with the Director of Revenue or filing a petition with the Tax Appeal Board to appeal a determination of the Director or filing an appeal of a decision rendered by the Tax Appeal Board;
c. Allowance of a credit or refund of any tax;
d. Filing a claim for credit or refund of any tax;
e. Assessment of any tax;
f. Giving or making any notice or demand for the payment of any tax, or with respect to any liability to the State of Delaware in respect of any tax;
g. Collection of the amount of any liability in respect of any tax;
a. Bringing suit or commencing any action, including the
filing of any certificate or warrant, by the State or any officer on its behalf, in respect of any liability in respect of any tax; and
a. Any other act required or permitted under this title
(other than Chapters 30, 51 and 52) specified in regulations prescribed under this section by the Director of Revenue;
(2) The amount of any credit or refund (including interest).
(b) The provisions of this section shall also apply to the spouse of any individual entitled to the benefits of subsection (a). Except in the case of the combat zone designated for purposes of the Vietnam conflict, the preceding sentence shall not cause this section to apply to any spouse for any taxable year beginning more than 2 years after the date designated under the Internal Revenue Code as the date of termination of combatant activities in a combat zone.
(c) The period of service in the area referred to in subsection (a) shall include the period during which an individual entitled to benefits under subsection (a) is in a missing status, within the meaning of Section 6013(f)(3) of the Internal Revenue Code, or successor provision.
(d) Exceptions -
(1) Notwithstanding the provisions of subsection (a), any
action or proceeding authorized by §§1220 and 1221 of this title or successor provisions (regardless of the taxable year for which the tax arose), as well as any other action or proceeding authorized by law in connection therewith, may be taken, begun or prosecuted. In any other case in which the Director of Revenue determines that collection of the amount of any assessment would be jeopardized by delay, the provisions of subsection (a) shall not operate to stay collection of such amount as authorized by law. There shall be excluded from any amount assessed or
collected pursuant to this paragraph the amount of interest, penalty, additional amount, and addition to tax, if any, in respect of the period disregarded under subsection (a). In any
case to which this paragraph relates, if the Director of Revenue is required to give any notice to or make any demand upon any person, such requirement shall be deemed to be satisfied if the notice or demand is prepared and signed, in any case in which the address of such person last known to the Director is in any area for which United States post offices under instructions of the Postmaster General are not, by reason of combatant activities, accepting mail for delivery at the time the notice or demand is signed. In such case the notice or demand shall be deemed to have been given or made upon the date it is signed.
(2) The assessment or collection of any tax or of any
liability to the State in respect of any tax, or any action or proceeding by or on behalf of the State in connection therewith, may be made, taken, begun, or prosecuted in accordance with law, without regard to the provisions of subsection (a), unless prior to such assessment, collection, action, or proceeding it is ascertained that the person concerned is entitled to the benefits of subsection (a)."
Section 2. This Act shall be effective upon enactment into law.
Approved April 9, 1991.