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SPONSOR: |
Rep. Kowalko & Rep. Keeley & Rep. Lynn &
Rep. Potter & Sen. Peterson |
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Reps.
Baumbach, J. Johnson, Osienski |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 196 |
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AN ACT TO AMEND TITLE 30 OF DELAWARE CODE RELATING TO PERSONAL INCOME TAX. |
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 Title 30, § 1102(a) of the Delaware Code by making
deletions as shown by strike through and insertions as shown by underlining as
follows and redesignating accordingly:
§ 1102
Imposition and rate of tax; separate tax on lump-sum distributions.
(a)(15) For taxable years beginning after
December 31, 2015, the amount of tax shall be determined as follows:
2.15% of taxable income in excess of $2,000 but not in
excess of $5,000;
3.85% of taxable income in excess of $5,000 but not in
excess of $10,000;
4.75% of taxable income in excess of $10,000 but not in
excess of $20,000;
5.15% of taxable income in excess of $20,000 but not in
excess of $25,000;
5.50% of taxable income in excess of $25,000 but not in
excess of $60,000;
6.55% of taxable income in excess of $60,000 but not in
excess of $125,000;
7.05% of taxable income in excess of $125,000.but not in
excess of $250,000; and
7.80% of taxable income in excess of $250,000.
Section 2. Amend Title 30, § 1109(a) of the Delaware Code by making
deletions as shown by strike through and insertions as shown by underlining as
follows:
(a) General.
— In determining taxable income under this chapter, in lieu of the standard
deduction provided by § 1108 of this title, a resident individual may elect to
deduct the sum of the itemized deductions claimed on the federal income tax
return as shall be permitted under the laws of the United States as the same
are or shall become effective for any taxable year in determining the federal
taxable income, or, if the person does not itemize deductions or elects the
credit for foreign taxes paid on the federal return, the person may deduct the
sum of the itemized deductions to which the person would have been entitled had
the person itemized the deductions (including the deduction for foreign taxes
paid) on the federal return:
(1) Reduced by:
a. The
amount thereof representing income taxes imposed by this State;
b. The
amount of any income tax imposed on the person for the taxable year by another
state of the United States or a political subdivision thereof or the District
of Columbia on income derived from sources therein if the person elected to
take such amount as a credit in accordance with § 1111(a) of this title; and
(2) Increased by:
a. An
amount equal to the excess of the state employee automobile mileage
reimbursement allowance over the standard mileage rate allowed as a charitable
deduction for federal income tax purposes for unreimbursed automobile
transportation expense incurred by an individual while serving as a volunteer
for a charitable organization as defined in § 170(c), Internal Revenue Code [26
U.S.C. § 170(c)];
b. In
the case of a self-employed individual, the amount paid during the taxable year
for insurance which constitutes medical care for the taxpayer, the taxpayer's
spouse and dependents, less the amount allowed the taxpayer as a deduction pursuant
to § 162(l)(26 U.S.C. § 162(l)) or successor provision of the Internal Revenue
Code. For purposes of this subparagraph, "self-employed taxpayer"
shall mean a resident individual whose gross income is more than one-half
derived from a trade, business or profession and not derived as an employee.
Income in the nature of interest, dividends or other investment income shall
not constitute self-employment income. No self-employed taxpayer whose total
cost of insurance for health care for the taxpayer, spouse and dependents
exceeds the gross income from the trade, business or profession shall be
entitled to the deduction under this subparagraph; and
c. An
amount equal to 12 percent of itemized deductions determined under this section
without regard to this paragraph.
(3) Reduced
by:
a. 20 percent in the case of an individual with adjusted
gross income in excess of $125,000 but not in excess of $160,000;
b. 40 percent in the case of an individual with adjusted
gross income in excess of $160,000 but not in excess of $190,000;
c. 60 percent in the case of an individual with adjusted
gross income in excess of $190,000 but not in excess of $220,000;
d. 80 percent in the case of an individual with adjusted
gross income in excess of $220,000 but not in excess of $250,000;
e. 100 percent in the case of an individual with adjusted gross income in excess of $250,000.
SYNOPSIS
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This bill lowers the current tax rates by .05% for each bracket. The bill also creates a new tax bracket at $125,000 with a rate of 7.05%, and an additional bracket at $250,000 with a rate of 7.80%. The bill also provides a tiered reduction of the otherwise available itemized deduction based upon the individual’s taxable income. |