Delaware Code (Titles 8, 9, 25, 30)
30 Del. C. § 1640
Share of a nonresident estate, nonresident trust or its beneficiaries in income from sources within this State
The share of a nonresident estate or nonresident trust, and the share of a nonresident beneficiary of any estate or trust, of items of estate or trust income, gain, loss and deduction for purposes of § 1124 of this title shall be determined as follows:
# (1)
To the amount of items of income, gain, loss and deduction which enter into the definition of distributable net income, there shall be added or subtracted, as the case may be, the modifications described in § 1106 of this title to the extent they relate to items of income, gain, loss and deduction which also enter into the definition of distributable net income. No modification shall be made under this section which has the effect of duplicating an item already reflected in the definition of distributable net income.
# (2)
The amount determined under paragraph (1) of this section shall be allocated among the estate or trust and its beneficiaries (including, solely for the purposes of this allocation, resident beneficiaries) in proportion to their respective shares of federal distributable net income. The amounts so allocated shall have the same character as for federal income tax purposes. Where an item entering into the computation of such amounts is not characterized for federal income tax purposes, it shall have the same character as if realized directly from the source from which realized by the estate or trust or incurred in the same manner as if incurred by the estate or trust.
# (3)
If the estate or trust has no federal distributable net income for the taxable year, the share of each beneficiary in the net amount determined under paragraph (1) of this section shall be in proportion to such beneficiary’s share of the estate or trust income distributed in such year. Any balance of such net amount shall be allocated to the estate or trust.
Amendment history
72 Del. Laws, c. 467, § 1
Source: view the official text
In this title (40 sections)
- 30-1601 · Definitions
- 30-1602 · Taxable year
- 30-1603 · Accounting method
- 30-1604 · Adjustments
- 30-1605 · Returns
- 30-1606 · Withholding of income tax on sale or exchange of real estate…
- 30-1621 · Taxation of pass-through entities; in general
- 30-1622 · Character of items
- 30-1623 · Special rules for nonresident individual members and…
- 30-1624 · Special rules for certain tax credits of pass-through entities
- 30-1625 · Special rules for certain tax deductions for pass-through…
- 30-1631 · Imposition of tax
- 30-1632 · Computation and payment
- 30-1633 · Tax not applicable
- 30-1634 · Fiduciary adjustment
- 30-1635 · Taxable income of resident estate or resident trust
- 30-1636 · Nonresident beneficiary deduction for resident estates or…
- 30-1637 · Credit for income tax of another state
- 30-1638 · Accumulation distribution credit for resident beneficiary of…
- 30-1639 · Taxable income of a nonresident estate or nonresident trust
- 30-1640 · Share of a nonresident estate, nonresident trust or its…
- 30-1701 · Definitions
- 30-1702 · Election to invoke chapter
- 30-1703 · Compromise of death taxes due this State
- 30-1704 · Arbitration of domicile of decedent
- 30-1705 · Penalty and interest for nonpayment of tax
- 30-1706 · Reciprocal application
- 30-1801 · Short title
- 30-1802 · Findings and purpose
- 30-1803 · Definitions
- 30-1804 · Tax credit available; land conveyed for conservation and…
- 30-1805 · Administration
- 30-1806 · Applicability, fiscal limitation and renewal
- 30-1807 · Construction
- 30-1811 · Statement of purpose; short title
- 30-1812 · Definitions
- 30-1813 · Preservation and repair of historic structures; tax credits;…
- 30-1814 · Preservation tax credits; distribution, transfer and…
- 30-1815 · Preservation tax credits; procedures and administration
- 30-1816 · Total amount of credits permitted in each fiscal year;…