9 Del. C. § 8111
Proration of yearly taxes when property in Kent County is transferred to an exempt entity
# (a)
When real property in Kent County that is not exempt from taxes is transferred to an entity which is eligible for tax exemption pursuant to § 8105 or § 8106 of this title, tax is due and owing for the property for the tax year in which the transfer takes place, but only for the portion of the year, on a prorated basis, during which the property was owned by the nonexempt transferor. Proration is permitted only if the property is approved for exemption by the Kent County exemption application process. Proration pursuant to this section is permitted, notwithstanding the provisions of §§ 8313 and 8601 of this title.
# (b)
A proration under subsection (a) of this section is determined by dividing the total amount of property tax for the tax year in question by 365 and by multiplying the resulting number by the number of days in the tax year that the nonexempt transferor owned the property.
# (c)
If real property is transferred to an exempt transferee by a nonexempt transferor and the nonexempt transferor paid the taxes due for the property for the tax year of the transfer prior to the transfer, the nonexempt transferor may apply for a refund based on a proration pursuant to subsections (a) and (b) of this section of the taxes paid which are designated as county taxes, but not of the taxes paid which are designated as school taxes. If the refund application is approved, the county shall refund the proper amount to the nonexempt transferor.
Amendment history
75 Del. Laws, c. 21, § 1
Source: view the official text
In this title (40 sections)
- 9-7108 · Penalties
- 9-7109 · Additional remedies
- 9-7110 · Existing ordinances, rules, and regulations
- 9-7111 · Exceptions
- 9-8001 · Budget of estimated expenditures
- 9-8002 · Tax rate [For application of this section, see 85 Del. Laws,…
- 9-8003 · Time and method of levying county tax [For application of this…
- 9-8004 · Duplicate assessment lists in Kent County
- 9-8005 · Tax collection warrants; form [For application of this…
- 9-8101 · Property subject to county taxation [For application of this…
- 9-8102 · Transfers of real property subject to county taxation [For…
- 9-8103 · Personal property
- 9-8104 · Placement of mobile homes subject to Sussex County taxation
- 9-8105 · Property owned by governmental, religious, educational or…
- 9-8106 · Specific organizations and purposes
- 9-8106A · New Castle County property tax exemptions; applications;…
- 9-8107 · Motion picture studios and plants
- 9-8108 · Railroad property
- 9-8109 · Off-street parking facilities; exemptions
- 9-8110 · Civic organizations owning parkland
- 9-8111 · Proration of yearly taxes when property in Kent County is…
- 9-8111A · Proration of yearly taxes when property in New Castle County…
- 9-8112 · Lodging tax
- 9-8113 · Fire protection fee
- 9-8131 · Definitions [For application of this section, see 81 Del.…
- 9-8132 · Qualifications and amount of exemption
- 9-8133 · Application for exemption
- 9-8134 · Contents of application
- 9-8135 · Allowance of exemption
- 9-8136 · Continuance of exemption
- 9-8137 · Tenants in common or joint tenants
- 9-8138 · Rules and regulations
- 9-8139 · Oaths
- 9-8140 · Appeals
- 9-8141 · Exemption from property taxes on real estate in Kent County
- 9-8151 · Property subject to exemption
- 9-8152 · Definitions
- 9-8153 · Certification as tax exempt
- 9-8154 · Conditions for charitable exemptions; penalty for false…
- 9-8155 · Assessed valuation; lien for taxes on termination of nonprofit…