Del. Code tit. 30 § 2022

Current through 2024 Legislative Session Act Chapter 531
Section 2022 - Reduction in license fees for investment and employment in targeted areas
(a) Any taxpayer that:
(1) Places in service, within any targeted area as defined by § 2020(3)a. through d. of this title, a qualified facility in which the taxpayer is engaged in a qualified activity described in § 2010(3) of this title, and
(2) Thereby satisfies the requirements contained in § 2012(a) of this title for the allowance of a reduction in any license fee imposed upon the taxpayer's gross receipts by any provision of Chapter 27 of this title or by §§ 2301(d), 2902, 2903, 2904 of this title or, in the case of an activity described in §§ 2010(3)j., 2905 of this title for the taxable year of the taxpayer in which such qualified facility is placed in service by the taxpayer,

shall be allowed, in lieu of the reduction in such license fee provided by § 2012 of this title, a reduction in such license fee for each taxable period used in computing the amount of such license fee that ends within or with such taxable year of the taxpayer and for each such taxable period that ends within or with any of the 14 following taxable years in which such facility is a qualified facility with respect to the taxpayer on the last business day thereof. The amount of each such reduction in such license fee shall be determined in the manner provided in § 2012(b) of this title, but by employing the following table in lieu of the table contained in § 2012(b) of this title:

If the number of full The license fee
calendar months elapsed (computed without
since such qualified regard to this
facility was placed section) shall be
in service by the reduced by the
taxpayer is: following percentage:
----------------------------------- ------------------------------
1 through 60 100%
61 through 72 90%
73 through 84 80%
85 through 96 70%
97 through 108 60%
109 through 120 50%
121 through 132 40%
133 through 144 30%
145 through 156 20%
157 through 168 10%
169 through 180 5%
Over 180 0%

(b) In the case of any taxpayer that:
(1) Places in service, only within any of the targeted areas as defined by § 2020(3)d. of this title, a facility in which the taxpayer is engaged in a commercial activity or retail activity, and
(2) Would thereby satisfy the requirements contained in § 2012(a) of this title for the allowance of a reduction in any license fee imposed upon the taxpayer's gross receipts by any provision of Chapter 27 of this title or by § 2301(d), 2902, 2903 or 2904 of this title for any taxable period used in computing the amount of such license fee that ends within or with the taxable year of the taxpayer in which such facility is placed in service by the taxpayer if such facility were a qualified facility by virtue of its use by the taxpayer in or in connection with such commercial activity or retail activity,

§ 2012 of this title shall be applied with respect to such facility by treating it as a qualified facility.

(c) In the case of any taxpayer that:
(1) Places in service, within any targeted area, as defined by § 2020(3) of this title, a qualified facility in which the taxpayer is engaged in a qualified activity described in § 2010(3) of this title, and
(2) Satisfies the requirements contained in § 2011(l) of this title, such taxpayer shall be allowed a reduction in license fees equal to 75% of the reduction allowable under subsection (a) of this section;

provided, however, that said reduction shall be allowed against only those license fees imposed by §§ 2902(c)(1), (3) and (5) [repealed]; 2702(b)(1) and (3) [repealed] of this title; and, in the case of an activity described in §§ 2010(3)j., 2905(b)(1) and (3) of this title; and that no facility shall be eligible for reduction under both this subsection and subsection (a) of this section, and that credits under this subsection shall not exceed $500,000 over the 180-month life of the credits.

30 Del. C. § 2022

64 Del. Laws, c. 460, §3; 68 Del. Laws, c. 202, §17; 70 Del. Laws, c. 487, §§ 20, 21; 78 Del. Laws, c. 47, § 10.;