CHAPTER 135

FORMERLY

HOUSE BILL NO. 234

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 91, TITLE 7 OF THE DELAWARE CODE PERTAINING TO GROSS RECEIPTS INCLUDED IN THE TAX ASSESSMENT FOR THE HAZARDOUS SUBSTANCE CLEANUP FUND.

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

Section 1. Amend § 9114(a), Title 7 of the Delaware code by inserting between the number and symbol “.9%.” and the words “For the purposes of this Section” as they appear therein, the following:

“For purposes of the additional tax imposed by this Section, gross receipts, as defined in Chapter 29, Title 30 of the Delaware Code, that are received after June 30, 2007, and before January 1, 2015, shall not include gross receipts from a sale of petroleum or petroleum products by a wholesaler, as defined in Chapter 29, Title 30 of the Delaware Code, if (i) the petroleum or petroleum products were sold to the wholesaler by a person who is licensed under Chapter 29, Title 30 of the Delaware Code, and (ii) the gross receipts from the sale described in paragraph (i) of this subsection were gross receipts defined in Chapter 29, Title 30 of the Delaware Code with respect to the seller.”.

Section 2. This Act shall become effective with respect to taxable periods beginning after June 30, 2007.

Approved July 12, 2007