4081]; or receipts derived from the sale of petroleum products provided such products were sold to the retailer by a person who is licensed under this chapter and such sale is described in the definition of gross receipts with regard to such person.
The most current cheat sheet lists the rate for several businesses. When a state uses a gross receipts tax instead of a sales tax, the taxes are not collected from consumers.
Delaware State Code 33, 57 Del. 11, 12, 67 Del. . House Bill No. 20, 21, 39, 78 Del. Laws, c. 484,
(b) All persons defined in subsection (a) of this section desiring to engage in business in this State shall first obtain a license from the Department of Finance and pay therefor a fee of $75 for each place of business. Find the Delaware Gross Receipts Tax Return Form Lq4 9501 you want. Laws, c. 289,
6, 78 Del. Laws, c. 282,
Employees of the State of Delaware, including agencies and public schools, if the rooms are rented for government purposes. Do you need legal help understanding how the Delaware gross receipts tax may impact your business? (g) In addition to the license fee required by subsection (f) of this section, every transient retailer shall pay a license fee at the rate of 0.7468% of the aggregate gross receipts attributable to all goods sold or services rendered by the transient retailer within the State which exceed $3,000. Belfint Lyons & Shuman, P.A.
No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. (a) In addition to any license required under 2905 of this title, any person desiring to engage in business in this State as a retailer of tires for vehicles shall obtain a registration upon making application to the Division of Revenue at no additional cost. 2905. A sales tax will usually be added to the listed price on an item, which is based on the tax rules and rate of the state where the item is being sold. Laws, c. 351,
6, 16, 23, 75 Del. The feedstock wholesaler that first owned the feedstock petroleum products in this State took delivery of the feedstock petroleum products outside of the State; or. b. Laws, c. 381,
For example, in Ohio, a business' first $1 million in gross receipts is exempt from the tax, while gross receipts above $1 million are subject to a 0.26 percent rate. Laws, c. 314,
If a business uses the alcohol for medical, pharmaceutical, veterinary, manufacturing, or scientific use, it is exempt. Employees of the U.S. Government, including agencies. to sign up for an account to pay gross receipts tax. Such license shall be valid until January 1 at which time it may be renewed for a full year and every year thereafter; provided, that the wholesaler pays the fees required by subsection (c) of this section, makes application therefor and payment of $75 for each place of business.
The state of Arkansas levies a 6.5% state gross receipts tax, which is similar to sales tax. Note: If you do not have a Withholding/Bulk Filing account, email taxportal@delaware.gov. 2, 65 Del. 6, 68 Del. Sellers in states that use a GRT must pay these taxes out of the money the business has earned from sales. (2) This chapter shall not apply to the incidental sale by the owner or operator of a farm or nursery of processed agricultural products on the assumption that the purchaser of such products has acquired the same for consumption or use and not for resale. Grocery supermarket retailers. Franchise Tax
After Oct. 15 Oct. 17, 2022, you will no longer be able to eFile 2021 Returns and after April 15, 2025, you will no longer be able to claim your 2021 tax refund because your refund is available three years following its due date. 1, 2, 61 Del. The Premium Tax and Fees Section is responsible for the tax regulation of all insurance companies, whether admitted or non-admitted, that are authorized, approved, or registered to transact business in the state of Delaware. (i) (1) In lieu of the license fee required by subsection (f) of this section, any person desiring to engage in business in this State as a transient nursery retailer shall obtain a license upon making application to the Division of Revenue and paying a fee of $75 for each location at which the applicant seeks to do business.
For purposes of this subsection all branches or entities comprising an enterprise with common ownership or common direction and control shall be allowed only 1 monthly deduction from the aggregate gross receipts of the entire enterprise. 2903. Thus, the business pays gross receipts taxes for January through March before April 30. The feedstock wholesaler that first owned the crude oil in this State took delivery of the crude oil outside of the State; or. Instead, please use the online GRT System to file immediately or to print a personalized paper return: File Your Gross Receipts Taxes Online Gross Receipts Due Dates Laws, c. 290,
In the case of such return, in computing the fee due on such aggregate gross receipts for each quarter, there shall be allowed a deduction of $300,000. 1, 7, 70 Del.
8, 78 Del. 15, 16, 19, 60 Del. Laws, c. 30,
Laws, c. 484,
Growers of nursery products shall be treated under this chapter as retailers to the extent of sales at retail. | Website Design & SEOby FlashPoint Digital. Laws, c. 80,
15, 71 Del. House Bill No. It does not include any charitable organization as defined by 501(c) of the Internal Revenue Code [26 U.S.C. The owner or operator of any enterprise whose principal business in this State is the purchase and resale, at wholesale, of unprocessed and unpackaged agricultural plant products; provided such products are purchased from a person described in this paragraph and further provided said purchase occurs within this State. B. Laws, c. 406,
(1) Certified takeoff weight means the maximum weight contained in the type certificate or airworthiness certificate. In certain states, online sellers aren't required to impose a sales tax on their customers. For purposes of this chapter, the word wholesaler shall not apply to a person who is licensed to catch, take, and sell eels, food fish or shellfish by the Delaware Department of Natural Resources and Environmental Control pursuant to Chapters 9 and 18 and Part II of Title 7 of the Delaware Code. 8, 14, 69 Del.
Laws, c. 417,
(16) Pharmaceutical wholesaler, for purposes of this chapter, is any person engaged, as owner or agent, in the business of selling to another person pharmaceutical drugs for any consideration for the purpose of resale by the person acquiring the pharmaceutical drugs, and includes, without limitation, pharmaceutical drugs sold by the pharmaceutical wholesaler through outlets, warehouses, and distribution depots inside or outside of this State. Laws, c. 24,
If you expect a tax refund, you should file your return to get your refund. For the sale of active ingredient or formulated active ingredient which is formulated or packed into a finished ethical pharmaceutical product within the State by a Delaware commercially domiciled entity related within the meaning of 2010(10) of this title, or, B.
Retailer, for purposes of this chapter, shall not include, however, an individual under the age of 18 who engages in: (a) The delivery or distribution of newspapers or shopping news (not including delivery or distribution to any point for subsequent delivery or distribution); or (b) the sale of newspapers or magazines to ultimate consumers, under an arrangement under which the newspapers or magazines are sold by the individual at a fixed price, the individuals compensation being based on the retention of the excess of such price over the amount at which the newspapers or magazines are charged to the individual, whether or not the individual is guaranteed a minimum amount of compensation for such service, or is entitled to be credited with the unsold newspapers or magazines turned back. Laws, c. 282,
Laws, c. 188,
6, 69 Del.
Laws, c. 13,
(d) The fees provided by this section shall be remitted to the Division of Revenue on forms issued by the Director of Revenue and subject to such regulations and requirements as shall be prescribed by the Director of Revenue. For purposes of this chapter, every person engaged in the bakery, poultry processing or cannery business shall be considered engaged in the processing of food or foodstuffs and a wholesaler; 3. 4, 71 Del. You can also register for a new account via regular mail by contacting the Delaware Division of Revenue at (302) 577-8778 or. 1, 2, 71 Del. 15, 16, 59 Del. Receipts derived by a petroleum product refiner from the sale of intermediate petroleum products to an intermediate petroleum products wholesaler; 11. 1, 71 Del. 1, 63 Del. (a) In the case of the tax imposed by this chapter upon a distributor of gas or electricity commodities and services that is attributable to gross receipts or tariff charges received from a corporation that satisfies the requirements of 2011(a) of this title for the allowance of a credit against the tax imposed by Chapter 19 of this title (relating to corporation income tax) for the taxable . In Washington, for example, an analysis of gross tax receipts found an average of 2.5 pyramiding on each item. (The applicable threshold in this paragraph is subject to annual adjustment as more fully set forth in 515 of this title.) per gallon or barrel. (2) Notwithstanding paragraph (c)(1) of this section, if the taxable gross receipts prescribed therein during the lookback period as defined in 2122 of this title do not exceed the applicable threshold of $1,500,000, the return and payment of the additional license fee imposed for such month shall be due on or before the last day of the first month following the close of the quarter. 13, 22, 33, 76 Del. However, you'll never see this tax identified on a receipt. Laws, c. 381,
Laws, c. 505,
(2) Exemption certificates, for purposes of this chapter, are documents created by regulations adopted or to be adopted by the Director of Revenue which are provided to a wholesaler by a purchaser to document a wholesale sale where the property is immediately taken outside of Delaware and the sale thus does not result in taxable gross receipts. (j) Sections 2905, 2906 and 2912 of this title shall not apply to non-profit organizations exempt from federal income tax under 501(c) of the Internal Revenue Code of 1986 (26 U.S.C.
Laws, c. 275,
1, 71 Del. State Employees 1, 2, 78 Del. Laws, c. 261,
(c) (1) In addition to the license fee required by subsection (b) of this section, every commercial feed dealer shall also pay a license fee at the rate of 0.0996% percent of the aggregate gross receipts attributable to all goods delivered by the commercial dealer within this State, which fee shall be payable monthly on or before the twentieth day of each month with respect to the aggregate gross receipts for the immediately preceding month. 12, 13, 25, 78 Del. Laws, c. 100,
Laws, c. 126,
You are now leaving the BLS website. The Director of Revenue shall deposit the additional fee provided in this section to the credit of the special fund described in 6041 of Title 7. Laws, c. 402,
17, 18, 60 Del.
For purposes of the proceeding sentence a control relationship means that the finished petroleum products wholesaler directly or indirectly controls the wholesaler, the wholesaler directly or indirectly controls the finished petroleum products wholesaler or the finished petroleum products wholesaler and the wholesaler are directly or indirectly controlled by the same person. (h) There shall be added to the tax provided in subsection (b) of this section an additional tax as provided in 9114 of Title 7. Laws, c. 390,
In computing the fee due on the aggregate gross receipts for any month, there shall be allowed a deduction of $100,000. Thus, the business pays gross receipts taxes for January before February 20. Laws, c. 402,
. 1, 70 Del.
Laws, c. 351,
Laws, c. 104,
If the 45th day falls on a weekend or holiday, the return is due on the next business day. 7, 68 Del. 24, 25, 42, 79 Del. If monthly payments thereafter are made in accordance with subsection (c) of this section, such license shall be valid until January 1 at which time it may be renewed for a full year and every year thereafter; provided, that the restaurant retailer makes application therefor and payment of $75 plus $25 for each separate branch or location. 18, 57 Del.
Laws, c. 80,
tax at the rate of .7543% (.007543) on taxable gross receipts received from selling tangible personal property. This section expired on December 1, 2014, under the terms of subsection (e) of the statute as enacted in 77 Del. Laws, c. 80,
For purposes of the preceding sentence controls shall mean the direct or indirect ownership by 1 person of 100% of the stock or ownership interest in another person; 14.
Laws, c. 484,
(4) Feedstock wholesaler means every person engaged, as owner or agent, in the business of selling or exchanging for cash or barter or any consideration (i) crude oil to or with a petroleum product refiner or another feedstock wholesaler, or (ii) feedstock petroleum products to or with a petroleum product refiner or another feedstock wholesaler for the purpose of refining and resale by a petroleum product refiner, and includes without limitation crude oil and feedstock petroleum products sold or exchanged through pipelines, warehouses or other storage facilities and distribution depots of persons whose principal place of business is located inside or outside of the State. 9, 70 Del. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due. 2, 65 Del. Laws, c. 489,
6, 71 Del. 1, 2, 61 Del. (3) Feedstock petroleum products means 1 or more petroleum products that have been partially refined that are used as raw materials at the beginning of a refining process operated by a petroleum product refiner. If you are a monthly filer, then the tax is due on or before the 20th day of each month for the preceding month. Thus, to figure gross receipts on $800,000 for January 2022, subtract $100,000 from the business gross receipts of $800,000 for a taxable amount of $700,000. The percentage varies from business to business. would choose Retail / Wholesale, the Grocery Supermarket. The document tells the business that the tax is .003267.
Laws, c. 314,
Laws, c. 440,
Report of Foreign Bank and Financial Accounts, State of Delawares Gross Receipts Tax Forms. Laws, c. 230,
Separate jurisdictions do not have local sales taxes they can add to the state sales tax. Laws, c. 282,
For tax periods beginning after 12/31/2013, farm machinery retailer gross receipts are taxed at the rate of 0.0996%. 4, 63 Del. 2, 65 Del.
3, 57 Del. 10, 14, 69 Del.
In May of 2022, the Delaware . Laws, c. 199,
Laws, c. 381,
7, 70 Del. 2022 Delaware Relief Rebate Program Ending November 30th. 1, 61 Del. Laws, c. 83,
1, 66 Del. 14, 71 Del. It also tells the business that it has a $100,000 exemption per month. Laws, c. 83,
6/15/88 6/15/88 Clarified the exemption of REMIC's from personal income tax, corporation income tax, and license/gross receipts tax (66 Del. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due.
12-14, 79 Del. For purposes of this subsection, all branches or entities comprising an enterprise with common ownership or common direction and control shall be allowed only 1 monthly deduction from the aggregate gross receipts of the entire enterprise.
Many consider this a hidden sales tax, and it represents the fifth largest revenue source for the state.
Change the blanks with smart fillable areas. There are no state or local sales taxes in Delaware and as such, sales tax exemption certificates are not applicable to Delaware . Score: 4.2/5 (38 votes) . 14, 80 Del. Online sellers that offer goods in states that use a gross receipts tax should take this different tax structure into account when determining the price of their goods.
(c) (1) In addition to the license fee required by subsection (b) of this section every restaurant retailer shall pay a license fee at the rate of 0.6472% of the aggregate gross receipts attributable to all goods sold within the State, which fee shall be payable monthly on or before the twentieth day of each month with respect to the aggregate gross receipts of the immediately preceding month period.
6, 63 Del. The whole state pays only the gross receipts tax, less for certain industries as listed. Laws, c. 287,
Laws, c. 3,
All other sales by farm machinery retailers shall be governed by 2905 of this title. 7, 74 Del. 6, 7, 65 Del.
Seven states currently levy gross receipts taxes, while several others, including Pennsylvania, South Carolina, Virginia, and West Virginia, permit local taxes imposed on a gross receipts base. Firms are required to file reports and remit tax payments annually by March 15 for taxable gross receipts in the prior year. To determine how much a business owes for Delawares gross receipts tax, locate the business type, then click through to choose the individual business type. Laws, c. 375,
7, 78 Del.
Laws, c. 406,
(The applicable threshold in this paragraph is subject to annual adjustment as more fully set forth in 515 of this title.) (b) All persons defined in subsection (a) of this section desiring to engage in business in this State shall first obtain a license from the Department of Finance and pay therefor a fee of $75 for each place of business. If a room is rented for five consecutive months, it is no longer a short-term rental and is exempt from paying the lodging tax. Laws, c. 402,
Although Delaware is one of just five states without sales tax, it is the only one of those five that instead imposes a gross receipts tax. 4041] or 4081 [26 U.S.C. The wholesaler of the crude oil that such wholesaler sold to or exchanged with the feedstock wholesaler paid the tax imposed by 2902(b) and (c) of this title on the gross receipts from the sale to or exchange with the feedstock wholesaler of such crude oil; 9. 1, 60 Del.
Such license shall be valid until January 1 at which time it may be renewed for a full year and every year thereafter; provided, that the commercial feed dealer pays the fees required by subsection (c) of this section, makes application therefor and makes payment of $75 for each place of business. Laws, c. 73,
Laws, c. 326,
Gross Receipts Tax Exemption Gross receipts (and for purposes of the tax imposed by Chapter 43, Title 30 of the Delaware Code "rent" and "lease rental payments") from transactions between related entities are not subject to gross receipts tax. Laws, c. 199,
Open it up with cloud-based editor and begin altering. For purposes of this paragraph, all branches or entities comprising an enterprise with common ownership or common direction and control shall be allowed only 1 quarterly deduction from the aggregate gross receipts of the entire enterprise. Laws, c. 484,
Tobacco products taxes or motor fuel taxes paid or payable to the State under Part IV of this title or gasoline and special fuel taxes paid or payable to the federal government under Internal Revenue Code 4041 [26 U.S.C. Receipts derived from the sale of materiel or equipment other than petroleum products to the State (not including local jurisdictions or school districts) through the system of central contracting managed by the Office of Management and Budget pursuant to the provisions of 6307A(b)(1) of Title 29; 6. Laws, c. 13,
(11) Person includes an individual, partnership, firm, cooperative, corporation or any association of persons acting individually or as a unit. Laws, c. 211,
2, 57 Del. Laws, c. 199,
For example, a grocery store would choose Retail / Wholesale, the Grocery Supermarket. The document tells the business that the tax is .003267. 3. Laws, c. 100,
Laws, c. 83,
Laws, c. 225,
The due date for the gross receipts tax returns and payments are either monthly or quarterly, depending on a business' total gross receipts.
Laws, c. 326,
9, 17, 26, 75 Del. of this title engaged in the business of food processor shall be exempt from the provisions of 2902 of this title and shall be subject to the provisions of this section. Laws, c. 287,
Receipts derived by a feedstock wholesaler from the sale of feedstock petroleum products to a petroleum product refiner or another feedstock wholesaler if: A. 33A, 42, 60 Del. Food processor license requirements; license fee; additional fee on aggregate gross receipts; statements required. Personal Income Tax
3, 4, 61 Del. Laws, c. 100,
Businesses may pass the gross receipts tax and other taxes onto consumers. 8, 9, 16, 77 Del. Advantages of Broad-Based Gross Receipts Taxes, Delaware limited liability companies (LLCs), More revenue is collected by the state thanks to a broader.
Laws, c. 314,
Laws, c. 13,
Sales for resale are not exempt. (c) (1) In addition to the license fee required by subsection (b) of this section, every wholesaler shall also pay a license fee at the rate of 0.3983% of the aggregate gross receipts attributable to sales of tangible personal property physically delivered within this State, which fee shall be payable monthly on or before the twentieth day of each month with respect to the aggregate gross receipts for the immediately preceding month. Laws, c. 73,
Laws, c. 484,
Such license shall be valid until January 1 at which time it may be renewed for a full year and every year thereafter; provided, that the food processor pays the fees required by subsection (c) of this section, makes application therefor and payment of $75 for each place of business. This provision shall not be construed so as to exclude from tax under this chapter the sale, whether at retail or wholesale, of goods received for resale as a result of the exchange. (17) For purposes of this chapter, the term physically delivered within this State includes delivery to the United States mail or to a common or contract carrier for shipment to a place within this State irrespective of F.O.B. Exceptions include: Aids and devices leased to the elderly, handicapped, injured or ill people, such as TV sets leased in health care facilities. The quarterly return shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing this fee due. Transparency Delaware Courts This tax is levied on the seller of goods or services, rather than on the consumer.
Laws, c. 80,
1, 75 Del. Laws, c. 195,
12 The state has relatively high corporate income taxes and imposes additional taxation on specific distributors of goods and services, allowing the state to have a 0% property tax and sales tax. 4, 67 Del. 15, 79 Del. The Delaware Division of Unemployment Insurance. Rates vary per type of alcohol. Gross receipts tax rates currently range from .0945% to .7468%, depending on the business activity. 28, 29, 44, 45, 79 Del. 2, 74 Del. Receipts derived by a petroleum product refiner from the sale of finished petroleum products to a finished petroleum products wholesaler; 13. Laws, c. 13,
(c) (1) In addition to the license fee required by subsection (b) of this section, every food processor shall also pay a license fee at the rate of 0.1991% of the aggregate gross receipts attributable to all goods sold by the food processor within this State, which fee shall be payable monthly on or before the twentieth day of each month with respect to the aggregate gross receipts for the immediately preceding month. The state of Delaware collects income taxes based on seven tax brackets, with rates ranging from 0% to 6.6%. The state levies a tax of 1.9914 percent on the lease of the tangible personal property leased to another person. Thats how we help: we research products, write reviews, and create in-depth guides and how-tos on topics like ideation, marketing, financing, accounting, and human resources. These fees are imposed on the seller or service provider and may not be passed on to the consumer. 11, 16, 77 Del. 6, 12, 70 Del.
Receipts derived by a finished petroleum products wholesaler from the sale of finished petroleum products to a petroleum product refiner or a wholesaler; provided that the finished petroleum products wholesaler and the wholesaler stand in a control relationship. Laws, c. 489,
Laws, c. 1,
4081]; or receipts derived from the sale of petroleum products provided . The quarterly return shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing this fee due. If monthly payments thereafter are made in accordance with subsection (c) of this section, such license shall be valid through December 31, at which time it may be renewed for a full year and every year thereafter; provided, that the grocery store retailer makes application therefor and payment of $75 plus $25 for each separate branch or location.
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