Bill Text: DE HB266 | 2009-2010 | 145th General Assembly | Draft

Delaware House Bill 266 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 30 Of The Delaware Code Relating To Gross Receipts Taxes.

Sponsorship: Partisan Bill (Democrat 7)

Status: (Introduced - Dead) 2010-01-26 - Stricken [HB266 Detail]

Download: Delaware-2009-HB266-Draft.html

SPONSOR:	Rep. Longhurst & Rep. Schwartzkopf & Rep. Gilligan & Sen. DeLuca & Sen. Adams & Sen. Cook & Sen. Blevins

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 266

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO GROSS RECEIPTS TAXES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1.Amend � 2301(d)(1), Title 30, Delaware Code, by striking the figure "0.384%" as it appears therein and inserting in lieu thereof the figure "0.4224%".

Section 2.Amend � 2502(c)(1), Title 30, Delaware Code, by striking the figure "0.624%" as appears therein and inserting in lieu thereof the figure "0.6864%".

Section 3.Amend 2702(b)(1), Title 30, Delaware Code, by striking the figure "0.180%" as it appears therein and inserting in lieu thereof the figure "0.1980%".

Section 4..Amend 2703(c)(1), Title 30, Delaware Code, by striking the figure "0.135%" as it appears therein and inserting in lieu thereof the figure "0.1485%".

Section 5.Amend � 2902(c)(1), Title 30, Delaware Code, by striking the figure "0.384%" as it appears therein and inserting in lieu thereof the figure "0.4224%".

Section 6.Amend � 2902(c)(3), Title 30, Delaware Code, by striking the figure "0.240%" as it appears therein and inserting in lieu thereof the figure "0.2640%".

Section 7.Amend � 2903(c)(1), Title 30, Delaware Code, by striking the figure "0.192%" as it appears therein and inserting in lieu thereof the figure "0.2112%".

Section 8.Amend � 2904(c)(1), Title 30, Delaware Code, by striking the figure "0.096%" as it appears therein and inserting in lieu thereof the figure "0.1056%".

Section 9.Amend � 2905(b)(1), Title 30, Delaware Code, by striking the figure "0.720%" as it appears therein and inserting in lieu thereof the figure "0.7920%".

Section 10.Amend � 2905(g), Title 30, Delaware Code, by striking the figure "0.720%" as it appears therein and inserting in lieu thereof the figure "0.7920%".

Section 11.Amend � 2906(c)(1), Title 30, Delaware Code, by striking the figure "0.624%" as it appears therein and inserting in lieu thereof the figure "0.6864".

Section 12.Amend � 2907(c)(1), Title 30, Delaware Code, by striking the figure "0.096%" as it appears therein and inserting in lieu thereof the figure "0.1056%".

Section 13.Amend � 2908(c), Title 30, Delaware Code, by striking the words and figures "the rate of 0.315% of the first $2 million per month and 0.590% thereafter" as they appear therein and inserting in lieu thereof the words and figures "the rate of 0.3465% of the first $2 million per month and 0.6490% thereafter".

Section 14.Amend � 4302(a), Title 30, Delaware Code, by striking the figure "1.92%" as it appears therein and inserting in lieu thereof the figure "2.112%".

Section 15.Amend � 4302(b), Title 30, Delaware Code, by striking the figure "1.92%" as it appears therein and inserting in lieu thereof the figure "2.112%".

Section 16.Amend � 4305, Title 30, Delaware Code by striking the figure "0.288%" as it appears in subsection (b) and inserting in lieu thereof the figure "0.3136".

Section 17.Amend �16 of 76 Delaware Laws, Chapter 282 by striking said section in its entirety.

Section 18.If any clause, sentence, section, provision or part of this Act shall be adjudged to be unconstitutional or invalid for any reason by any court of competent jurisdiction, such judgment shall not impair, invalidate, or affect the remainder of this Act, which shall remain in full force and effect.

Section 19.Sections 1 through 16 of this Act shall be effective for taxable periods beginning after December 31, 2009.Sections 17 and 18 of this Act shall be effective upon enactment.

SYNOPSIS

This Act increases certain General Fund business and occupational gross receipts tax rates.Sections 1 through 16 of the Act set forth the specific gross receipts tax rate increases made by the Act.Section 17 of the Act eliminates a sunset provision that would have automatically repealed the gross receipts tax rate increases that were enacted in 2008.Section 18 of the Act is a severance provision.Section 19 of the Act provides that the rate increases made by Sections 1 through 16 of the Act are effective for taxable periods beginning after December 31, 2009.