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145th General Assembly
House Bill # 291 w/HA 1, HA 4

Primary Sponsor: Longhurst Additional Sponsor(s):    Rep. Gilligan & Rep. Schwartzkopf & Sen. DeLuca & Sen. Cook & Sen. Blevins & Sen. Simpson
CoSponsors: { NONE...}
Introduced on : 06/29/2009
Long Title:AN ACT TO AMEND TITLES 3, 12 AND 30 OF THE DELAWARE CODE RELATING TO THE ESTATE TAX.
Synopsis:This Act reinstates Delaware’s estate tax. Prior to 2002, the Internal Revenue Code allowed states to effectively share estate tax revenue with the federal government. From 2002 to 2005, the states’ share of this arrangement was phased-out.

Under this Act, Delaware’s estate tax will be calculated using the rate schedule for state tax credits available under federal law in 2001. This Act recognizes important updates to federal estate tax law that have occurred since 2001. Furthermore, this Act reinstates the estate tax exemption for farm land included in the Delaware Agricultural Lands Preservation Act program.

Sections 1, 2. and 3. of the Act decouple the Delaware estate tax on the estates of resident individuals from any repeal of the federal estate tax by referencing the federal law as it existed on January 1, 2001 as updated by other provisions of the federal estate tax laws with respect to the duty to file a return and the calculation of the taxable estate in effect on the earlier of the date of the decedent’s death or the date immediately preceding the effective date of the repeal of the federal estate tax.

Section 4 of the Act decouples the Delaware estate tax on the estates of non-resident individuals from any repeal of the federal estate tax by referencing the federal law as it existed on January 1, 2001 as updated by other provisions of the federal estate tax laws with respect to the duty to file a return and the calculation of the taxable estate in effect on the earlier of the date of the decedent’s death or the date immediately preceding the effective date of the repeal of the federal estate tax. The estate tax for non-residents will be calculated in the same manner as the estate tax for residents, the sum of which will be reduced by the ratio of Delaware taxable assets over total taxable assets.

Sections 5, 6, and 7, reinstate enforcement and procedural requirements that would sunset with the repeal of the federal estate tax, such as the duty to file a Delaware estate tax return, creation of a special lien for estate taxes, and the duty to file an affidavit in cases where a return need not have been filed pursuant to the Internal Revenue Code in effect on January 1, 2001 as updated by other provisions of the federal estate tax laws with respect to the duty to file a return and the calculation of the taxable estate in effect on the earlier of the date of the decedent’s death or the date immediately preceding the effective date of the repeal of the federal estate tax.

Section 8 exempts from tax farm land participating in the Delaware Agricultural Lands Preservation Act program.



Current Status: Signed   On   07/01/2009
Volume Chapter77:85
Date Governor acted:07/01/2009
Full text of Legislation:
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Full text of Legislation:
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Legis.Doc   (You need Microsoft Word to see this document.)

Fiscal Notes/Fee Impact:Not Required
Amendments: HA 2 to HB 291 - Defeated
HA 3 to HB 291 - Stricken
HA 1 to HB 291 - Passed
HA 4 to HB 291 - Passed
Voting Reports:
House vote: () Passed 6/29/2009 9:55:05 PM------->Voting Record
Senate vote: () Passed 6/30/2009 10:02:45 PM------->Voting Record
Engrossed Version:
Engrossment------->Engrossment
Actions History:
Jul 01, 2009 - Signed by Governor
Jun 30, 2009 - Passed by Senate. Votes: Passed 14 YES 6 NO 0 NOT VOTING 0 ABSENT 1 VACANT
Jun 30, 2009 - Necessary rules are suspended in Senate
Jun 29, 2009 - Assigned as Floor Manager in Senate
Jun 29, 2009 - Passed by House of Representatives. Votes: Passed 25 YES 16 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Jun 29, 2009 - Amendment HA 4 - Passed by House of Representatives. Votes: Passed 40 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Jun 29, 2009 - Amendment HA 4 - Introduced in House
Jun 29, 2009 - Amendment HA 3 - Stricken
Jun 29, 2009 - Amendment HA 3 - Introduced in House
Jun 29, 2009 - Amendment HA 2 - Defeated in House by Voice Vote
Jun 29, 2009 - Amendment HA 2 defeated
Jun 29, 2009 - Amendment HA 2 - Introduced in House
Jun 29, 2009 - Amendment HA 1 - Passed in House by Voice Vote
Jun 29, 2009 - Amendment HA 1 - Introduced in House
Jun 29, 2009 - Lifted From Table in House
Jun 29, 2009 - Laid On Table in House
Jun 29, 2009 - Necessary rules are suspended in House
Jun 29, 2009 - Introduced in House
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