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Delaware Laws | Title 30 State Taxes
CHAPTER 11. PERSONAL INCOME TAX
Subchapter II. Resident Individuals

(30 Del. C. 1953, Sec. 1109; 57 Del. Laws, c. 737, Sec. 1; 59 Del. Laws, c. 19, Sec. 1; 63 Del. Laws, c. 122, Sec. 2; 64 Del. Laws, c. 410, Sec. 1; 65 Del. Laws, c. 403, Sec. 1; 65 Del. Laws, c. 461, Sec. 1; 66 Del. Laws, c. 86, Sec. 4; 70 Del. Laws, c. 117, Sec. 4; 70 Del. Laws, c. 186, Sec. 1; 70 Del. Laws, c. 483, Sec. 1; 71 Del. Laws, c. 347, Sec. 9.) (2018)

Sec. 1110. Personal exemptions and credits. (2019)(Text)

(a) For tax years ending before January 1, 1996, a resident shall be allowed an exemption of $1,250 for each exemption to which that resident is entitled for the taxable year for federal income tax purposes. Resident persons age 60 or over shall be allowed one additional personal exemption. (2020)

(b) For tax years beginning after December 31, 1995, resident individuals shall be allowed a personal credit against the individual's tax otherwise due under this chapter in the amount of: (2021)

(1) $110 for each personal exemption to which such individual is entitled for the taxable year for federal income tax purposes; plus (2022)

(2) An additional $110 in the case of each resident person age 60 or over. (2023)

(c) In no event shall the credit allowed under subsection (b) of this section exceed the tax otherwise due under this chapter. (2024)

(30 Del. C. 1953, Sec. 1110; 57 Del. Laws, c. 737, Sec. 1; 64 Del. Laws, c. 330, Sec. 1; 65 Del. Laws, c. 147, Sec. 1; 66 Del. Laws, c. 95, Sec. 3; 66 Del. Laws, c. 362, Sec. 1; 70 Del. Laws, c. 116, Sec. 1; 70 Del. Laws, c. 186, Sec. 1; 72 Del. Laws, 1st Sp. Sess., c. 247, Sec. 2.) (2025)

Sec. 1111. Credit for income tax paid to another state. (2026)(Text)

(a) Allowance of credit. -- A resident individual shall be allowed a credit against the tax otherwise due under this chapter for the amount of any income tax imposed for the taxable year by another state of the United States, or the District of Columbia, on income derived from sources therein which is also subject to tax under this chapter. (2027)

(b) Limitation on credit. -- The credit allowable under this section, with respect to the income tax imposed upon the taxpayer for the taxable year by each other taxing jurisdiction, shall not exceed the amount computed by multiplying the tax otherwise due under this chapter by a fraction, the numerator of which is the amount of the taxpayer's taxable income derived from sources in the other taxing jurisdiction (applying the rules of Sec. 1122 of this title) and the denominator of which is the entire taxable income. (2028)

(30 Del. C. 1953, Sec. 1111; 57 Del. Laws, c. 737, Sec. 1; 59 Del. Laws, c. 64, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (2029)

Sec. 1112. Historic rehabilitation. (2030)(Text)

A resident individual shall be allowed a credit against such individual's tax otherwise due under this chapter in accordance with the provisions of the Historic Preservation Tax Credit Act (Chapter 18 of this title), which credits shall be against any taxes imposed under this chapter; provided however, that all claimed credits are accompanied by a Certificate of Completion issued by the Delaware State Historic Preservation Office certifying that such credits have been earned in compliance with that act. (2031)

(73 Del. Laws, c. 6, Sec. 6.) (2032)

Sec. 1113. Credit for active members of volunteer firefighting, ambulance and rescue service companies and their auxiliaries. (2033)(Text)

A resident individual who is an active member (as defined by the rules and bylaws of the company) during the tax year of a Delaware volunteer fire, ambulance or rescue service company or its auxiliary shall be allowed a nonrefundable credit against the tax imposed by Chapter 11 of this title in the amount of $400. The Secretary may prescribe such rules and regulations as the Secretary deems necessary to carry out the purpose of this statute. (2034)

(62 Del. Laws, c. 353, Sec. 1; 64 Del. Laws, c. 406, Sec. 1; 65 Del. Laws, c. 397, Sec.Sec. 1, 2; 65 Del. Laws, c. 518, Sec.Sec. 1, 2; 69 Del. Laws, c. 388, Sec. 1; 70 Del. Laws c. 186, Sec. 1; 72 Del. Laws, 1st Sp. Sess., c. 244, Sec. 1; 74 Del. Laws, c. 338, Sec. 1; 75 Del. Laws, c. 79, Sec. 1.) (2035)

Sec. 1114. Child care and dependent care expense credit. (2036)(Text)

(a) A resident individual shall be entitled to a credit against that individual's tax otherwise due under this chapter in the amount of 50 percent of the child and dependent care expense credit allowable for federal income tax purposes for the same tax year. In no event shall the allowable credit under this subsection exceed the tax otherwise due under this chapter. (2037)

(b) In the case of spouses who file a joint federal return but who elect to determine their Delaware taxes separately, the credit allowed pursuant to this subsection may only be applied against the tax imposed on the spouse with the lower taxable income, computed without regard to such credit, and shall not exceed such tax. (2038)

(65 Del. Laws, c. 202, Sec. 1; 66 Del. Laws, c. 411, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (2039)

Sec. 1115. Subchapter S -- Business tax credits. (2040)(Text)

Repealed by 72 Del. Laws, c. 467, Sec. 7, effective July 18, 2000. (2041)

Sec. 1116. Delaware investment credit. (2042)(Text)

A resident and nonresident individual shall be allowed a credit against that individual's tax otherwise due under this chapter in an amount equal to 15% of the individual's investment that is qualified under subchapter VIII of Chapter 50 of Title 29 ("The Delaware Investment Tax Credit Program") and certified as such by the Director of the Delaware Economic Development Office to the Director of Revenue. Notwithstanding Sec. 329 of this title to the contrary, determinations by the Delaware Economic Development Authority as to the qualification of any investment under the Delaware Investment Tax Credit Program shall not be appealable to the Tax Appeal Board. In no event shall the credit allowable under this section exceed the tax otherwise due under this chapter. Unused credits under this section may be carried forward 4 years from the tax year in which they are certified under the Delaware Investment Tax Credit Program. (2043)

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