Delaware General Assembly

CHAPTER 8

DELAWARE ESTATE TAX

AN ACT to amend Chapter 6, of the Revised Code of the State of Delaware (1915) as amended with respect to Estate Tax.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 6, of the Revised Code of the State of Delaware (1915) as amended 152-a Sec. 115-a be and the same is hereby amended by striking out and repealing the second paragraph of 152 (a) Sec. 115 (a) and substituting in lieu thereof the following:

The said Delaware Estate Tax upon the estate of every decedent as aforesaid shall be computed as follows: The aggregate amount of the taxes due to the State of Delaware under the provisions of Section 109 of this Chapter in respect to any property, or estate, or interest therein, belonging to the decedent at the time of his death shall first be ascertained. To such amount there shall be added the aggregate amount of all estate, inheritance, legacy, and succession taxes actually paid to any other state or territory of the United States or to the District of Columbia in respect to any property owned by such decedent or subject to such taxes as a part of or in connection with his estate. The sum resulting from such addition shall then be deducted from an amount equal to the amount of the maximum credit allowable to the estate of the decedent by the Federal Estate Tax law or laws for estate, inheritance, legacy or succession taxes paid to any State or territory or 'the District of Columbia. The remainder shall constitute and be the Delaware Estate Tax upon the estate of the decendent. In case of any estate Where the amount to be deducted as aforesaid is equal to or greater than the aforesaid credit, allowed by Federal Estate Tax law or laws, then the said estate shall be exempt from the Delaware Estate Tax prescribed by this section.

Section 2. That Chapter 6, of the Revised Code of the State of Delaware (1915) as amended be and the same is hereby amended by adding the following paragraph to 152 (a) Sec. 115 (a):

When any amount has been erroneously paid as Delaware Estate Tax it shall be lawful for the State Treasurer, on satisfactory proof rendered to him of said erroneous payment, and upon the recommendation of the Register of Wills of the County wherein such tax shall have been collected, to refund and pay to the executor, administrator or trustee, person or persons who have paid any such tax in error, the amount of such tax so paid, provided that all applications for the repayment of said tax shall be made within two years from the date of said payment.

Section 3. Nothing in this Act shall be deemed to remit or relieve from the Delaware Estate Tax the estate of any person dying before the approval of this Act. Except where the Delaware Estate Tax was paid and discharged prior to the approval of this Act the Delaware Estate Tax computed and ascertained under the provisions of 152-A, Section 115-A of Chapter 6, of the Revised Code of the State of Delaware (1915) as amended by this Act shall be deemed and held to be imposed upon and collectible out of the estate of every person dying after the twenty-sixth day of February, 1926, and who at the time of his death was a resident of the State of Delaware, provided such estate was subject to federal estate tax.

Approved June 1, 1933.