Delaware Code (Titles 8, 9, 25, 30)
30 Del. C. § 1125
Individual who is Delaware resident for part of year; computation of tax
An individual who is a resident of this State for only part of a taxable year shall have the election to either:
# (1)
Report and compute the tax as payable by such individual under this chapter as if the individual were a resident for the entire taxable year and be allowed the applicable credit as provided in § 1111 of this title; or
# (2)
Report and compute the tax as if the individual were a nonresident of this State for the entire year, except, however, that for purposes of such computation:
a. Such individual’s modified Delaware source income (as otherwise determined under § 1122 of this title) for that period during which such individual was a resident of this State shall include all items of income, gain, loss and deduction whether or not derived from, or connected with, sources within this State; and
b. The credit provided by § 1111 of this title shall be allowed; provided that, however, for purposes of computing such credit, the amount of income taxes paid to another state shall be deemed to be limited by an amount which bears the same ratio to the total income taxes actually paid by such individual to such other state for such taxable year as the amount of Delaware adjusted gross income derived from sources within such other state (applying the rules of § 1124 of this title) while such individual was a resident of this State bears to the total Delaware adjusted gross income derived from sources within such other state (applying the rules of § 1124 of this title) for such taxable year.
Amendment history
68 Del. Laws, c. 82, § 6; 70 Del. Laws, c. 186, § 1
Source: view the official text
In this title (40 sections)
- 30-1103 · Resident individual defined
- 30-1104 · Nonresident individual defined
- 30-1105 · Taxable income
- 30-1106 · Modifications [For application of this section, see 83 Del.…
- 30-1107 · Deductions
- 30-1108 · Standard deduction
- 30-1109 · Itemized deductions [For application of this section, see 66…
- 30-1110 · Personal exemptions and credits
- 30-1111 · Credit for income tax paid to another state
- 30-1112 · Historic rehabilitation
- 30-1113 · Credit for active members of volunteer firefighting,…
- 30-1114 · Child care and dependent care expense credit
- 30-1115 · Subchapter S — Business tax credits [Repealed]
- 30-1116 · Delaware investment credit [Repealed]
- 30-1117 · Earned income tax credit
- 30-1118 · Tax credit for expenses associated with human organ or bone…
- 30-1121 · Imposition of tax upon nonresidents
- 30-1122 · Modified Delaware source income
- 30-1123 · Delaware adjusted gross income
- 30-1124 · Income derived from sources in Delaware
- 30-1125 · Individual who is Delaware resident for part of year;…
- 30-1126 · Withholding of income tax on sale or exchange of real estate…
- 30-1127 · Deduction for federal income taxes [Repealed]
- 30-1131-1142 · Imposition of tax; Computation and payment; Tax not…
- 30-1143-1145 · Partnership entity not taxable; Character of items;…
- 30-1146-1148 · Taxable year; Method of accounting; Adjustments…
- 30-1149 · Basis of adjustments [Repealed]
- 30-1151 · Employer to withhold tax from wages or other remuneration
- 30-1152 · Information statement for employee
- 30-1153 · Credit for tax withheld
- 30-1154 · Information returns and payment of tax withheld
- 30-1155 · Employer’s liability for withheld taxes
- 30-1156 · Employer’s failure to withhold
- 30-1156A · Employer to report new hires
- 30-1157 · U.S. Olympics account [Repealed]
- 30-1158 · Payment of tax on behalf of nonresident shareholders by S…
- 30-1159 · , 1160. Delaware Breast Cancer Education and Early Detection…
- 30-1161 · Persons required to make returns of income
- 30-1162 · Joint or separate returns of spouses
- 30-1163 · Returns by fiduciaries