29 DE Code § 8305. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 83. Department of Finance|Subchapter I. General Provisions|§ 8305. Division of Revenue.

§ 8305. Division of Revenue. The Division of Revenue is established having powers, duties and functions as follows:  (1) The Division of Revenue shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:  a. The State Tax Department and the State Tax Commissioner pursuant to Chapters 1, 3, 11, 13 [repealed], 15, 17, 19, 20, 21, 23, 25, 27, 29, 43, 53 and 54 of Title 30; b. The Collector of State Revenue, the State Tax Department and the State Tax Commissioner pursuant to Chapter 5 of Title 30 of the 1953 Code. (2) In addition to the foregoing, the Division of Revenue shall have the power to perform and shall be responsible for the performance of the following powers:  a. To issue licenses, permits or other documents, to require the payment of fees, taxes or other assessments, and the filing of affidavits or other documents relating thereto, and to enforce the payment and collection of the same heretofore vested in:  1. The State Treasurer pursuant to Chapters 33, 35 [repealed], 37 [repealed], 39 [repealed] and 41 of Title 30; 2. The State Highway Department pursuant to Chapters 51 and 52 of Title 30; b. To require the payment of fees, taxes and other assessments, and the filing of affidavits or other documents relating thereto, and to enforce the payment and collection of the same heretofore vested in:  1. The Superintendent of the Delaware State Police pursuant to § 1304 of Title 24; 2. The Delaware Alcoholic Beverage Control Commission pursuant to §§ 551, 564, 572 and 581 of Title 4; 3. The Delaware Real Estate Commission pursuant to §§ 2905, 2908, 2911, 2918 [repealed] and 2920 of Title 24; 4. The Industrial Accident Board, the State Treasurer and the Insurance Commissioner of this State pursuant to §§ 2391 and 2392 of Title 19; 5. The Delaware Harness Racing Commission pursuant to §§ 10024, 10030, 10031 [repealed], 10056 and 10059 [repealed] of Title 3; 6. The Delaware Racing Commission pursuant to §§ 10123, 10130 [repealed], 10165 and 10168 [repealed] of Title 3 and §§ 404, 411, 445 and 448 of Title 28. (3) The Division shall promulgate rules and regulations relating to all taxes and fees to be paid by any boxing arena or other site by any promoter, participant, vendor or patron; or to be paid by any other person, corporation or organization associated with a match. (4) The Division of Revenue shall have the power to establish and promulgate such rules and regulations to implement its powers set forth in paragraph (2) of this section, as it deems necessary and which are not inconsistent with the laws of this State. (5) The executive, administrative, ministerial, fiscal and clerical functions of the State Tax Board set forth in subchapter II of Chapter 3 of Title 30 shall be performed by the Division of Revenue. (6) On or before November 1 of each odd-numbered year, the Division of Revenue, under the supervision of the Secretary of the Department of Finance, shall make a report to the Governor and the General Assembly concerning the effect of certain tax preferences on the revenues collected by the State. For the purposes of this section, “tax preferences” means any law of the United States or the State which exempts, in whole or in part, certain persons, income, goods, services or property from the impact of established taxes, including, but not limited because of failure of enumeration, to those devices known as tax deductions, tax exclusions, tax credits, tax deferrals and tax exemptions. “Tax preference” shall not include variations in the rate of income tax, § 1102 of Title 30; standard deductions, § 1108 of Title 30; or personal exemptions, § 1110 of Title 30. a. Declaration of policy. — State governmental policy objectives are sought to be achieved both by direct expenditure of governmental funds and by the granting of special and selective tax relief or tax preferences. Both direct expenditures of governmental funds and tax preferences have an effect on the ability of the state government to lower tax rates or to increase expenditures. As a result, tax preferences should receive a regular and comprehensive review by the Governor and the General Assembly as to:  (i) Their total cost; (ii) Their effectiveness in achieving their objectives; (iii) Their effect on the fairness and equity of the distribution of the tax burden; and (iv) The public and private cost of administering tax preference financed programs. The purpose of this section is to facilitate such review by providing for the generation of information concerning tax preferences and their effect upon state revenues. b. Components of the report. — The taxes to be reviewed in the report shall be tax preferences created under provisions of the Delaware Code, rather than tax preferences created by operation of the Internal Revenue Code of the United States, and shall include, but need not be limited to, the personal income tax, corporate income tax, motor fuel taxes and public utility taxes. The report shall include the following:  1. Each tax preference, its statutory basis, and its purpose. 2. An estimate of the revenue loss to the State, or 1 of its subdivisions, caused by each tax preference for the last fiscal year and the estimated revenue loss caused by each tax preference for the current fiscal year. 3. An assessment of whether each tax preference is the most fiscally effective means of achieving its purpose and whether or not each tax preference has been successful in meeting the purpose for which it was enacted, and, in particular, whether each tax preference benefits those originally intended to be benefitted, and if not, those who do benefit. 4. A statement of any unintended or inadvertent effects, benefits or harm caused by each tax preference, including whether each tax preference conflicts with any other state laws or regulations. (7) Notwithstanding the provisions of paragraph (6) of this section, whenever there shall be enacted:  a. In the case of the personal income tax, a modification, as that term is used in § 1105 of Title 30, to be used in determining taxable income, or adjustments to federal itemized deductions to be used in the computation contained in § 1109(a), of Title 30; or b. In the case of corporation income tax, adjustments to federal taxable income under § 1903(a), of Title 30, or allocation provisions under § 1903(b), of Title 30; then, on or before November 15 following such enactment, the Division of Revenue, under the supervision of the Secretary of Finance, shall make a report to the Governor and the General Assembly concerning such provision. The report shall include the components described in paragraph (6)b. of this section. (8) The Division is authorized to require payment of fees for issuance of certificates or other documents reflecting the status of taxes, if any owed, by the tax payer requesting such certificate. In addition, the Division is authorized to specify payment of fees for collection of debts owed to claimant agencies. Payment of these fees shall be deemed to reduce the contractual services expenditures of the Division and shall be recorded as expenditure-reducing items. 29 Del. C. 1953, §  8305;  57 Del. Laws, c. 549, §  1;  57 Del. Laws, c. 741, §§  44A, 44C-44E;  58 Del. Laws, c. 468;  63 Del. Laws, c. 150, §  3;  65 Del. Laws, c. 271, §  1;  68 Del. Laws, c. 171, §§  1-3;  68 Del. Laws, c. 241, §  1;  70 Del. Laws, c. 242, §  3;  73 Del. Laws, c. 310, §  13;  82 Del. Laws, c. 8, § 3;