reglab/housing_qa huggingface dataset:
30 DE Code § 1637. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 16. Pass-Through Entities, Estates and Trusts|Subchapter III. Taxation of Estates, Trusts and Their Beneficiaries|§ 1637. Credit for income tax of another state.

§ 1637. Credit for income tax of another state. A resident estate or resident trust shall be allowed the credit provided under § 1111 of this title for resident individuals, except that references in that section to resident individuals shall for purposes of this section be deemed to refer to a resident estate or resident trust. 72 Del. Laws, c. 467, §  1;
30 DE Code § 1638. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 16. Pass-Through Entities, Estates and Trusts|Subchapter III. Taxation of Estates, Trusts and Their Beneficiaries|§ 1638. Accumulation distribution credit for resident beneficiary of trust.

§ 1638. Accumulation distribution credit for resident beneficiary of trust. (a) Allowance of credit. — A resident beneficiary of a trust whose taxable income includes all or part of an accumulation distribution by such trust as defined in § 665 of the Internal Revenue Code [26 U.S.C. § 665] shall be allowed a credit, against the tax otherwise due under Chapter 11 of this title, for all or a proportionate part of any tax paid by the trust for any preceding taxable year which would not have been payable if the trust had in fact made distribution to its beneficiaries at the times and in the amounts specified in § 666 of the Internal Revenue Code [26 U.S.C. § 666]. (b) Limitation on credit. — The credit under this section shall not reduce the tax otherwise due from the beneficiary to an amount less than would have been due if the accumulation distribution, or the beneficiary's part thereof, were excluded from the beneficiary's taxable income, as modified by § 1106 of this title. (c) Transition rule. — The credit under this section shall apply to accumulation distributions defined by § 665 of the Internal Revenue Code [26 U.S.C. § 665] in effect for the applicable taxable period. 72 Del. Laws, c. 467, §  1;
30 DE Code § 1639. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 16. Pass-Through Entities, Estates and Trusts|Subchapter III. Taxation of Estates, Trusts and Their Beneficiaries|§ 1639. Taxable income of a nonresident estate or nonresident trust.

§ 1639. Taxable income of a nonresident estate or nonresident trust. (a) General rules. — For purposes of Chapter 11 of this title, in the case of a nonresident estate or nonresident trust:  (1) Items of income, gain, loss and deduction mean those derived from, or connected with, sources in this State. (2) Items of income, gain, loss and deduction entering into the definition of federal distributable net income include such items from another estate or trust of which the first estate or trust is a beneficiary. (3) The source of items of income, gain, loss or deduction shall be determined under rules or regulations prescribed by the Director in accordance with the rules of § 1124 of this title, as if the estate or trust were a nonresident individual. (b) Determination of taxable income. — For purposes of Chapter 11 of this title, the taxable income of a nonresident estate or nonresident trust consists of:  (1) Its share of items of income, gain, loss and deduction which enter into the federal definition of distributable net income; (2) Increased or reduced by the amount of any items of income, gain, loss or deduction which are recognized for federal income tax purposes but excluded from the federal definition of the distributable net income of the estate or trust; and (3) Less the amount of the deduction for its federal exemption.72 Del. Laws, c. 467, §  1;
30 DE Code § 1640. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 16. Pass-Through Entities, Estates and Trusts|Subchapter III. Taxation of Estates, Trusts and Their Beneficiaries|§ 1640. Share of a nonresident estate, nonresident trust or its beneficiaries in income from sources within this State.

§ 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.72 Del. Laws, c. 467, §  1;
30 DE Code § 1801. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 18. Land and Historic Resource Tax Credit|Subchapter I. Land Donated for Conservation or Preservation|§ 1801. Short title.

§ 1801. Short title. This subchapter shall be known as the “Delaware Land and Historic Resources Protection Incentives Act of 1999.” 72 Del. Laws, c. 254, §  1;  73 Del. Laws, c. 6, §  1;
30 DE Code § 1802. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 18. Land and Historic Resource Tax Credit|Subchapter I. Land Donated for Conservation or Preservation|§ 1802. Findings and purpose.

§ 1802. Findings and purpose. (a) The General Assembly finds:  (1) That the State of Delaware's unique natural resources, wildlife habitats, historic resources and resources of outdoor recreation are a significant benefit to the State and the public; (2) That the State of Delaware's unique natural resources and distinctive natural heritage, including habitat for plants, animals and natural communities and historic resources, are being lost at an alarming rate; and (3) That much of the State's unique natural resources and habitats and historic resources are found on lands that are privately owned. (b) The General Assembly desires:  (1) To encourage private landowners to be stewards of lands that are important habitats or designated natural areas, or that contain significant historic resources; (2) To complement existing land conservation acquisition programs under the Delaware Land Protection Act, as set forth in Chapter 75 of Title 7, and historic preservation programs, and not duplicate them and thereby preserve public financial resources and leverage public expenditures; and (3) To provide private landowners with incentives to encourage protection of private lands for open space, natural resources, biodiversity conservation, outdoor recreation and historic preservation purposes.72 Del. Laws, c. 254, §  1;
30 DE Code § 1805. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 18. Land and Historic Resource Tax Credit|Subchapter I. Land Donated for Conservation or Preservation|§ 1805. Administration.

§ 1805. Administration. (a) The Department, in consultation with the Department of State, Division of Historical and Cultural Affairs, shall promulgate such rules and regulations as may be deemed necessary to certify eligible projects for treatment in fulfillment of the purposes of this subchapter by February 5, 2000. The Department and the Division of Historical and Cultural Affairs, in cooperation with the Open Space Council, upon each 5-year anniversary of the enactment of this subchapter or of any renewals thereof, shall prepare a report to the General Assembly showing the lands protected during such period pursuant to this subchapter. (b) The Division of Revenue of the Department of Finance for the State of Delaware, in consultation with the Department, shall promulgate such rules and regulations by February 5, 2000, as may be necessary to administer the tax incentives provided for in this subchapter and shall coordinate with the agencies referenced in subsection (a) of this section in the preparation of the report or reports to the General Assembly showing the fiscal impact on the Delaware Treasury of the credits claimed pursuant to this subchapter. 72 Del. Laws, c. 254, §  1;  73 Del. Laws, c. 6, §  1;
30 DE Code § 1806. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 18. Land and Historic Resource Tax Credit|Subchapter I. Land Donated for Conservation or Preservation|§ 1806. Applicability, fiscal limitation and renewal.

§ 1806. Applicability, fiscal limitation and renewal. (a) The tax credits provided by this subchapter shall apply to transfers of land or interests therein in taxable years beginning on or after January 1, 2000. (b) Any taxpayer claiming a tax credit under this subchapter may not claim a credit under any similar Delaware law for costs related to the same project. A taxpayer may not claim a tax credit under this subchapter for lands or interests in land a portion of which constitutes the taxpayer's entire holdings and where the taxpayer has sold or has contracted to sell to the State the balance of such lands or interests in land for open space, biodiversity, land conservation or historic preservation purposes. (c) Any tax credits which arise under this subchapter from the donation of land or an interest in land made by a pass-through tax entity such as a trust, estate, partnership, limited liability corporation or partnership, limited partnership, Subchapter S corporation or other fiduciary shall be used either by such entity, in the event it is the taxpayer, on behalf of such entity, or by the member, manager, partner, shareholder and/or beneficiary, as the case may be, in proportion to their interest in such entity in the event that income, deductions and tax liability passes through such entity to such member, manager, partner, shareholder and/or beneficiary. Such tax credits may not be claimed by both the entity and the member, manager, partner, shareholder and/or beneficiary for the same donation. (d) The total amount of tax credits to be made available under this subchapter shall not exceed $10,000,000. The aggregate amount of such tax credits available in any 1 tax year shall not exceed $1,000,000 and shall be allocated to taxpayers for eligible projects in accordance with the rules and regulations to be established as set forth in § 1805 of this title. (e) [Repealed.] 72 Del. Laws, c. 254, §  1;  73 Del. Laws, c. 6, §  1;  77 Del. Laws, c. 135, §§  1-3;
30 DE Code § 1807. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 18. Land and Historic Resource Tax Credit|Subchapter I. Land Donated for Conservation or Preservation|§ 1807. Construction.

§ 1807. Construction. No part or segment of this subchapter shall be interpreted to in any way alter or amend any permit requirements, reporting requirements, allocation procedures or other requirements set forth in any other provision of state law. 72 Del. Laws, c. 254, §  1;  73 Del. Laws, c. 6, §  1;
30 DE Code § 1811. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 18. Land and Historic Resource Tax Credit|Subchapter II. Historic Preservation and Repair|§ 1811. Statement of purpose; short title.

§ 1811. Statement of purpose; short title. (a) The General Assembly finds and declares that many properties and structures associated with Delaware's history, and in some cases the history of this nation, have been steadily disappearing over the past 50 years, or longer. Once gone, they are gone forever, and can never be replaced. Each year, it seems, there are less and less. The General Assembly firmly believes that the private sector is uniquely able to be a major factor in the preservation of many of Delaware's historic structures. The General Assembly finds that historic preservation tax credits have proven to be economic drivers that result in significant job creation and growth while successfully preserving historic buildings across the state. (b) This subchapter shall be known as the “Historic Preservation Tax Credit Act.” 73 Del. Laws, c. 6, §  3;  77 Del. Laws, c. 413, §  1;
30 DE Code § 1814. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 18. Land and Historic Resource Tax Credit|Subchapter II. Historic Preservation and Repair|§ 1814. Preservation tax credits; distribution, transfer and assignment.

§ 1814. Preservation tax credits; distribution, transfer and assignment. (a) Any person eligible for credit under this subchapter, except a person engaged in a resident curator relationship, may transfer, sell or assign any unused credits. Any person that transfers, sells or assigns any unused portion of a tax credit shall obtain and produce to the transferee, purchaser or assignee a certificate from the Division of Revenue or the Office of the State Bank Commissioner setting forth the amount of unused credit. (b) Credits granted to or acquired by a pass-through entity created or recognized under Delaware law, or by multiple owners of property, if not transferred, sold or assigned, may be divided among the partners, members, shareholders or owners either according to the distributive shares of income of such entity or pursuant to an executed agreement among such partners, members, shareholders or owners if such agreement documents an alternate method of distribution. (c) Any transferee, purchaser or assignee of tax credits under this subchapter may use such acquired credits to offset state income or franchise tax liabilities imposed upon such transferee, purchaser or assignee. To claim the state tax credit, the transferee, purchaser or assignee shall attach the certificate obtained by the transferor, seller or assignor in accordance with subsection (a) of this section to the Delaware tax return against which the credit is claimed and submit such tax return to the Division of Revenue or the Office of the State Bank Commissioner with respect to income taxes in this title and Title 5 franchise taxes, respectively. (d) If the credit allowed under this section exceeds the transferee, purchaser or assignee's tax due for the current tax year, the transferee, purchaser or assignee of the tax credit may carry forward such excess in accordance with § 1813 of this title. (e) Credits issued to the initial assignee, or in the case of a tax-exempt assignee, to the first taxable transferee after the associated phase completion, shall be subject to revocation and repayment to the Delaware Division of Revenue or the Office of the State Bank Commissioner if, under regulations issued by the State Office, a phased rehabilitation is not completed by the agreed upon completion date demonstrates that the applicant for the credit award for the project is unable or unwilling to complete it or, in the event that the project does not meet the certification requirements previously agreed to with the State Office. 73 Del. Laws, c. 6, §  3;  74 Del. Laws, c. 68, §  107(F);  74 Del. Laws, c. 388, §  5;
30 DE Code § 1817. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 18. Land and Historic Resource Tax Credit|Subchapter II. Historic Preservation and Repair|§ 1817. Appeals.

§ 1817. Appeals. (a) Where any taxpayer or other person who has applied for state approval or certification that a property is a certified historic property or that any repairs or improvements are certified rehabilitation, in accordance with this subchapter objects to a noncertification decision by the Delaware State Historic Preservation Officer, such person shall be entitled to appeal such decision to the Delaware Secretary of State or the Secretary's designee. Such appeal shall be filed with the Delaware Secretary of State within 60 days from the issuance of such noncertification decision. Such appeal shall be conducted in accordance with the Administrative Procedures Act, 29 Del. C. § 10101 et seq. Where an appellant has exhausted all administrative remedies, such appellant shall be entitled to judicial review in accordance with subchapter V of the Administrative Procedures Act [§ 10141 et seq. of Title 29]. (b) Where a taxpayer or other person who is or was engaged in qualified repairs in accordance with this subchapter is aggrieved by a tax decision which directly affects such person, that person shall be entitled to pursue an appeal pursuant to the administrative procedures of the Department of Finance as set forth in this title or regulations promulgated thereunder or the State Bank Commissioner as set forth in Title 5 or regulations promulgated thereunder. Where an appellant has exhausted all administrative remedies, such appellant shall be entitled to judicial review in accordance with subchapter V of the Administrative Procedures Act. 73 Del. Laws, c. 6, §  3;
30 DE Code § 2001. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 20. Business Tax Credits and Deductions|Subchapter I. Neighborhood Assistance Tax Credit|§ 2001. Short title.

§ 2001. Short title. This subchapter shall be known and may be cited as the “Neighborhood Assistance Act.” 30 Del. C. 1953, §  2001;  56 Del. Laws, c. 405, §  1;  72 Del. Laws, 1st Sp. Sess., c. 250,, §  2;
30 DE Code § 2003. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 20. Business Tax Credits and Deductions|Subchapter I. Neighborhood Assistance Tax Credit|§ 2003. Declaration of policy.

§ 2003. Declaration of policy. It is declared to be public policy of this State to encourage the investment by persons in offering neighborhood assistance both directly and by contributing to neighborhood organizations, to benefit individuals living in impoverished areas or low and moderate income families. This public policy further encourages the creation of significant partnerships among community-based development organizations, the private sector and the government. 30 Del. C. 1953, §  2003;  56 Del. Laws, c. 405, §  1;  72 Del. Laws, 1st Sp. Sess., c. 250,, §  2;  76 Del. Laws, c. 172, §  9;
30 DE Code § 2004. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 20. Business Tax Credits and Deductions|Subchapter I. Neighborhood Assistance Tax Credit|§ 2004. Qualification for tax credit.

§ 2004. Qualification for tax credit. For each taxable period beginning on or after July 1, 2007, a person that contributes to a neighborhood organization or that provides neighborhood assistance in an impoverished area or for low and moderate income families shall receive a tax credit as provided in § 2005 of this title if the Director of the Delaware State Housing Authority annually approves the proposal of the taxpaying investor. The Director of the Delaware State Housing Authority shall promulgate rules and regulations for the approval or disapproval of such proposals by taxpaying investors. A Neighborhood Assistance Act Advisory Council, whose members shall be appointed every 2 years by the Director of the Delaware State Housing Authority and comprising community development practitioners and representatives of the private and public sectors shall be established. The Neighborhood Assistance Act Advisory Council shall provide guidance and recommendations to the Director of the Delaware State Housing Authority in establishing program priorities and mechanisms for the program to be conducted and determining the impoverished area or areas selected and the estimated amount to be invested in the program or neighborhood organization. The Neighborhood Assistance Act Advisory Council shall assist the Delaware State Housing Authority in establishing and promulgating rules and regulations for the approval or disapproval of proposals by taxpaying investors and neighborhood organizations. 30 Del. C. 1953, §  2004;  56 Del. Laws, c. 405, §  1;  57 Del. Laws, c. 741, §  9A;  58 Del. Laws, c. 492, §  2;  72 Del. Laws, 1st Sp. Sess., c. 250,, §  2;  76 Del. Laws, c. 80, §  111(c);  76 Del. Laws, c. 172, §  10;  79 Del. Laws, c. 95, §  1;
30 DE Code § 2005. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 20. Business Tax Credits and Deductions|Subchapter I. Neighborhood Assistance Tax Credit|§ 2005. State income tax credit; amount.

§ 2005. State income tax credit; amount. (a) For purposes of computing taxable income under Chapter 11 or Chapter 19 of this title, relating to the personal income tax and the corporation income tax, the Secretary of Finance shall allow a credit equal to 50% of the amount invested by a person in a program or in a neighborhood organization the proposal for which was approved under § 2004 of this title. Such tax credit, however, shall not exceed $50,000 per person per year. No person may receive more than $100,000 in tax credits during any 3-year period. (b) Any investment made for which the tax credit herein described is claimed by a taxpayer shall not also be eligible for treatment as a charitable contribution deduction for state income tax purposes in calculating Delaware income tax liability. 30 Del. C. 1953, §  2005;  56 Del. Laws, c. 405, §  1;  57 Del. Laws, c. 741, §  9B;  58 Del. Laws, c. 492, §  3;  72 Del. Laws, 1st Sp. Sess., c. 250,, §  2;  76 Del. Laws, c. 172, §§  11, 12;  79 Del. Laws, c. 95, §  1;
30 DE Code § 2006. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 20. Business Tax Credits and Deductions|Subchapter I. Neighborhood Assistance Tax Credit|§ 2006. Limitations on credits.

§ 2006. Limitations on credits. (a) The aggregate amount of such tax credits approved for all persons may not exceed $1,000,000 in any 1 fiscal year. (b) The Director of the Delaware State Housing Authority shall ensure that each application has the date and time of submission recorded. Credits must be awarded in chronological order based upon the date and time upon which each complete application is received by the Delaware State Housing Authority. If a credit award results in exceeding the $1,000,000 limitation for the fiscal year in which it is awarded, the amount by which such credit award exceeds $1,000,000 must carry over to the succeeding fiscal year and must receive priority for that year. 72 Del. Laws, 1st Sp. Sess., c. 250,, §  2;  76 Del. Laws, c. 80, §  111(c);  76 Del. Laws, c. 172, §  13;  81 Del. Laws, c. 351, § 1;