30 DE Code § 2909. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 29. Retail and Wholesale Merchants’ License Requirements and Taxes|§ 2909. Exemptions.

§ 2909. Exemptions. (a) (1) This chapter shall not apply to the sale of unprocessed agricultural products, including nursery or floral products by:  a. The owner or operator of a farm or nursery which produced the products; provided, however, that no business described in this subparagraph shall be required to obtain a license under this chapter if its gross receipts from the sale of unprocessed agricultural products not produced on the taxpayer's farm or nursery do not exceed the amount excluded from tax under § 2905(b) or § 2902(c) of this title; or b. The owner or operator of any enterprise whose principal business in this State is the purchase and resale, at wholesale, of unprocessed and unpackaged agricultural plant products; provided such products are purchased from a person described in this paragraph and further provided said purchase occurs within this State. (2) This chapter shall not apply to the incidental sale by the owner or operator of a farm or nursery of processed agricultural products on the assumption that the purchaser of such products has acquired the same for consumption or use and not for resale. Growers of nursery products shall be treated under this chapter as retailers to the extent of sales at retail. (b) This chapter shall not apply to any transaction subject to the motor vehicle dealer handling fee as set forth in § 3004 of this title. (c) The tax imposed by § 2905(b) or § 2906(c) of this title shall not apply to gross receipts from the retail sale for off premises consumption of alcoholic liquor, beer, cider or wine under license pursuant to Title 4. (d) Section 2905 of this title shall not apply to goods which are delivered by the retailer outside this State, and for which the retailer can provide proof satisfactory to the State Tax Department that an out-of-state retail sales tax has been paid to such state with respect to said goods. (e) Notwithstanding any provisions of this chapter to the contrary, no handicapped peddler who has reached the age of 62 years shall be required to pay any fee for a license pursuant to this chapter. For the purposes of this subsection, the term “peddler” shall include every person who sells, or offers to sell, at retail, any goods, wares or other commodities by travelling from place to place, on the street or through different parts of this State. The term “handicapped,” as used in this subsection, includes, but is not limited to, the following diagnosis: Mental retardation, impairment of hearing or deafness, speech impairments, substantial loss of sight, loss of limb or limbs or paralysis in any substantial degree, which handicaps require special services or impair or impede other employment. (f) This chapter shall not apply to casual sales by any individual artist or craftsperson who sells or offers for sale the craftperson's own handmade, painted or crafted art or craft objects and whose gross income from the sale of said objects is less than $1,000 per year. (g) The provisions of § 2902 of this title shall not apply to any person who catches crabs for sale or who holds a crabbing license, or holds any other state occupational license which is required for a person to engage in commercial crabbing. (h) [Repealed.] (i) This chapter shall not apply to any person holding a license for the conduct of horse racing meetings or a license to conduct pari-mutuel or totalizator wagering or betting under Chapter 101 of Title 3 or Chapter 4 of Title 28, to the extent activities under this chapter are related to the conduct of horse racing meets. (j) Sections 2905, 2906 and 2912 of this title shall not apply to non-profit organizations exempt from federal income tax under § 501(c) of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)) as amended. (k) This chapter shall not apply to the exchange between or among wholesalers of fungible goods when the goods received by such wholesaler are received by it for the purpose of resale. For purposes of this subsection, the term “fungible” shall refer to goods of which any unit is, by nature or usage of trade, the equivalent of any other like unit. This provision shall not be construed so as to exclude from tax under this chapter the sale, whether at retail or wholesale, of goods received for resale as a result of the exchange. The exemption provided in this section is not applicable to a sale occurring upon the delivery by 1 exchange partner directly to the customer of the other exchange partner and such delivery shall be treated as made to such customer directly by the other exchange partner and subject to tax, even though such other exchange partner may never have obtained physical possession of such fungible good. (l) This chapter shall not apply to the sale of aircraft having a certified takeoff weight of 12,500 pounds or more. 30 Del. C. 1953, §  2908;  57 Del. Laws, c. 136, §  16;  57 Del. Laws, c. 188, §§  17, 32, 47;  60 Del. Laws, c. 24, §  12;  60 Del. Laws, c. 637, §  1;  61 Del. Laws, c. 139, §  1;  61 Del. Laws, c. 312, §  1;  63 Del. Laws, c. 417, §  5;  65 Del. Laws, c. 184, §  1;  65 Del. Laws, c. 406, §  3;  67 Del. Laws, c. 287, §  1;  69 Del. Laws, c. 83, §  2;  70 Del. Laws, c. 142, §  9;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 230, §§  2, 3;  70 Del. Laws, c. 484, §  14;  71 Del. Laws, c. 39, §  4;  71 Del. Laws, c. 211, §  7;  74 Del. Laws, c. 3, §  1;  75 Del. Laws, c. 171, §  3;  77 Del. Laws, c. 275, §  6;