Delaware Code (Titles 8, 9, 25, 30)
30 Del. C. § 2021
Credit against corporation income tax for investment and employment in targeted areas
# (a)
In the case of any taxpayer that:
# (1)
Places in service, within any targeted area, as defined by § 2020(3)a. through c. of this title and § 2020(3)d. of this title [repealed], a qualified facility in which the taxpayer is engaged in a qualified activity described in § 2010(3) of this title, and
# (2)
Thereby satisfies the requirements contained in § 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 year of the taxpayer in which such qualified facility is placed in service by the taxpayer,
§ 2011 of this title shall be applied with respect to such qualified facility by substituting “$750” for “$500” in § 2011(b)(1) and (2) of this title.
# (b)
In the case of any taxpayer that:
# (1)
Places in service, only within any of the targeted areas as defined by § 2020(3)d. [repealed] of this title, a facility in which the taxpayer is engaged in a commercial activity or retail activity, and
# (2)
Would thereby satisfy the requirements contained in § 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 year of the taxpayer in which such facility is placed in service by the taxpayer if such facility were a qualified facility by virtue of its use by the taxpayer in or in connection with such commercial activity or retail activity,
§ 2011 of this title shall be applied with respect to such facility by treating it as a qualified facility.
# (c)
In the case of any taxpayer that:
# (1)
Places in service, within any targeted area, as defined by § 2020(3) of this title, a qualified facility in which the taxpayer is engaged in a qualified activity described in § 2010(3) of this title, and
# (2)
Satisfies the requirements contained in § 2011(k) of this title, such taxpayer shall be allowed a credit equal to 75% of the credit allowable under subsection (a) of this section, subject, however, to limitation and carryover provisions under § 2011(d) and (f) of this title.
The credit claimed in any tax year (including amounts carried over from previous tax years) shall not exceed the difference between $500,000 and the amount of credits claimed under § 2022 of this title for the 12 months comprising said tax year. Amounts of credit not used by virtue of the preceding sentence may be carried forward as if such unused credits arose by virtue of § 2011(f) of this title. No taxpayer may be eligible for credit under both this subsection and subsection (a) of this section for the same facility.
# (d)
In the case of a qualified facility located on a brownfield within any targeted area:
# (1)
“$900” shall be substituted for “$750” in subsection (a) of this section with respect to such qualified facility; and
# (2)
In applying this section, there shall be treated as a qualified activity any business, trade, commerce, profession or vocation carried on or in connection with such qualified facility, and there shall be treated as additional qualified investment all amounts expended by the taxpayer for environmental investigation and remediation of the brownfield.
The total incremental credits allowable to the taxpayer under this subsection shall not exceed the appropriate amount expended by the taxpayer for environmental investigation and remediation of the brownfield. If the provisions of this subsection apply with respect to any qualified facility, the provisions of § 2011(l) of this title shall not apply with respect to such qualified facility.
Amendment history
64 Del. Laws, c. 460, § 3; 68 Del. Laws, c. 202, § 16; 70 Del. Laws, c. 219, § 4; 70 Del. Laws, c. 487, §§ 4, 6; 78 Del. Laws, c. 47, §§ 12, 13; 83 Del. Laws, c. 323, § 4
Source: view the official text
In this title (40 sections)
- 30-2004 · Qualification for tax credit; Neighborhood Assistance Act…
- 30-2004F · Loan-out withholding
- 30-2005 · State income tax credit; amount
- 30-2005F · Entertainment production tax credit; procedures and…
- 30-2006 · Limitations on credits
- 30-2006F · Appeals
- 30-2007 · Unused tax credit
- 30-2007F · Audit
- 30-2008 · Administrative costs
- 30-2008F · Report
- 30-2009F · Total amount of credits permitted in each fiscal year;…
- 30-2010 · Definitions
- 30-2010F · Data disclosure and sharing
- 30-2011 · Investment and employment credit against corporation income…
- 30-2011F · Sunset clause
- 30-2012 · Reduction in license fees for investment and employment
- 30-2013 · Rules and regulations
- 30-2014 · Report on effect of subchapters II and III of this chapter…
- 30-2015 · Successors in title
- 30-2020 · Definitions
- 30-2021 · Credit against corporation income tax for investment and…
- 30-2022 · Reduction in license fees for investment and employment in…
- 30-2023 · Subchapter S corporations [Repealed]
- 30-2024 · Credit against personal income tax
- 30-2030 · Short title [For application of this subchapter, see 67 Del.…
- 30-2031 · Declaration of purpose [For application of this subchapter,…
- 30-2032 · Definitions [For application of this subchapter, see 67 Del.…
- 30-2033 · Reduction in business taxes and/or license fees for…
- 30-2034 · Rules and regulations [For application of this subchapter,…
- 30-2035 · Confidentiality [For application of this subchapter, see 67…
- 30-2036 · Department responsibilities [For application of this…
- 30-2037 · Limitation on credits [For application of this subchapter,…
- 30-2040 · Credit against corporation income tax for clean energy…
- 30-2051 · Declaration of purpose [Suspended beginning in Fiscal Year…
- 30-2052 · Definitions [Suspended beginning Fiscal Year 2013; see 85…
- 30-2053 · Agency plans [Suspended beginning Fiscal Year 2013; see 85…
- 30-2054 · Department review of plans [Suspended beginning in Fiscal…
- 30-2055 · Rules and regulations [Suspended beginning in Fiscal Year…
- 30-2056 · Agency provision of commuter benefits [Suspended beginning in…
- 30-2057 · Preemption [Suspended beginning in Fiscal Year 2013; see 85…