CHAPTER 447

FORMERLY

SENATE BILL NO. 425

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 29, TITLE 30 OF THE DELAWARE CODE RELATING TO TAX ON WHOLESALERS' GROSS RECEIPTS.

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

Section 1. Amend Section 2901(2)(b), Title 30 of the Delaware Code, by striking in its entirety all of said paragraph as appears after the phrase "Title 4;" and by substituting in lieu thereof the following:

"(Iv) receipts derived from the sale of any form of combustible petroleum product for heating or cooking which is sold for ultimate consumption; provided, however, that, for purposes of this Chapter, 'physically delivered within this State' includes delivery to the United States mail or to a common or contract carrier for shipment to a place within this State irrespective of F.O.B. or other terms of payment for delivery; or (v) receipts derived from the sale of materiel or equipment other than petroleum products to the State of Delaware (not including local jurisdictions or school districts) through the system of central contracting managed by the Department of Administrative Services pursuant to the provisions of Section 8806(b)(1) of Title 29."

Section 2. This Act shall be effective for gross receipts received on or after January 1, 1995.

Approved July 21, 1994