30 DE Code § 5415. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 54. Realty Transfer Tax|Subchapter I. Realty Transfer Tax|§ 5415. Distribution of tax receipts [But see 66 Del. Laws, c. 94, § 2, regarding possible contingent repeal of statute].

§ 5415. Distribution of tax receipts [But see 66 Del. Laws, c. 94, § 2, regarding possible contingent repeal of statute]. (a) The tax received under this subchapter shall be disbursed by the appropriate county Recorder of Deeds, or by the agent appointed pursuant to § 5406 of this title, as follows:  (1) Seventy-five percent to the Division of Revenue; (2) Twenty-five percent to the State Treasurer to be deposited in a special fund for distribution to municipalities and counties in accordance with this section. (b) There is created in the office of the State Treasurer a special fund for the credit and redistribution of the tax receipts disbursed to the State Treasurer pursuant to paragraph (a)(2) of this section; provided, however, that if, in state fiscal year 1988, 25 percent of the realty transfer tax receipts exceeds $8,000,000, then the excess over that amount shall be disbursed by the State Treasurer to the Division of Revenue. (c) The tax receipts disbursed to the State Treasurer pursuant to paragraph (a)(2) of this section, less any excess amount disbursed by the State Treasurer to the Division of Revenue pursuant to subsection (b) of this section, shall be distributed among the counties and municipalities in accordance with the following pro rata allocations:  Arden Village0.0200%Village of Ardencroft0.0125%Town of Ardentown0.0125%Town of Bellefonte0.0400%Town of Bethany Beach0.1000%Town of Bethel0.0125%Town of Blades0.1500%Town of Bowers Beach0.0400%Town of Bridgeville0.2900%Town of Camden0.1900%Town of Cheswold0.0125%Town of Clayton0.2400%Town of Dagsboro0.0700%City of Delaware City0.4600%Town of Delmar0.2100%Town of Dewey Beach0.0400%City of Dover5.3700%Town of Ellendale0.0300%Town of Elsmere0.8500%Town of Farmington0.0125%Town of Felton0.0900%Town of Fenwick Island0.0300%Town of Frankford0.1600%Town of Frederica0.0700%Town of Georgetown0.4400%Town of Greenwood0.1300%City of Harrington0.0800%Town of Hartly0.0125%Town of Henlopen Acres0.0400%Town of Houston0.0400%Kent County7.1200%Town of Kenton0.0125%Town of Laurel0.8000%Town of Leipsic0.0400%City of Lewes0.5900%Town of Little Creek0.0125%Town of Magnolia0.0200%Town of Middletown0.2300%City of Milford1.3500%Town of Millsboro0.3500%Town of Millville0.0125%Town of Milton0.3400%New Castle County44.4800%City of New Castle0.6800%City of Newark2.4800%Town of Newport0.2100%Town of Ocean View0.1200%Town of Odessa0.0125%City of Rehoboth Beach0.4300%City of Seaford1.2650%Town of Selbyville0.3000%Town of Slaughter Beach0.0300%Town of Smyrna1.1100%Town of South Bethany0.0300%Sussex County11.9400%Town of Townsend0.0200%Town of Viola0.0125%City of Wilmington16.5550%Town of Woodside0.0125%Town of Wyoming0.1800% Provided, however, regardless of the percentage allocations stated above, that each county and municipality shall receive a minimum payment of $1,000; further provided, that the aggregate difference between the amounts determined by the percentage allocations for those recipients receiving such minimum payments and the total amount of all $1,000 minimum payments shall be deducted pro rata from the payments made to those counties and municipalities receiving more than $1,000, according to their percentage allocations and that such deduction shall be made in the disbursements to occur on or before the final distribution under this section. (d) Except as provided in subsection (b) of this section, pro rata distributions to the counties and municipalities pursuant to this section shall be made on or before the fifteenth day of the month following the month in which the tax receipts are credited to the special fund established by subsection (b) of this section. (e) Funds distributed to the counties and municipalities pursuant to this section may be used by the recipients for any object, program, function or purpose for which such recipient, or any officer, department, agency, board or commission thereof, is by law authorized or required to raise, appropriate or expend money; provided, however, that receipt of these funds shall not cause the recipients to be considered agencies, as defined in Chapters 63 and 65 of Title 29. 66 Del. Laws, c. 94, §  1;