reglab/housing_qa huggingface dataset:
5 DE Code § 1103. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 11. Taxation|§ 1103. Review of tax.

§ 1103. Review of tax. The assessment of tax under this chapter shall be reviewed and corrected by the State Bank Commissioner upon application by any party interested, prior to the first day of May in the year in which the tax is levied, if, upon such application, good cause be shown for correction. 32 Del. Laws, c. 104, §  6;  Code 1935, §  2320;  44 Del. Laws, c. 132, §  3;  5 Del. C. 1953, §  1105;  59 Del. Laws, c. 434, §  1;  61 Del. Laws, c. 82, §§  2, 3;  64 Del. Laws, c. 160, §  3;  65 Del. Laws, c. 444, §  4;  66 Del. Laws, c. 23, §  3;  66 Del. Laws, c. 378, §  1;  70 Del. Laws, c. 327, §  33;
5 DE Code § 1106. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 11. Taxation|§ 1106. Disposition of taxes.

§ 1106. Disposition of taxes. All moneys collected or received under this chapter shall be the moneys of the State, and the State Bank Commissioner shall pay all amounts so collected and received into the General Fund of the State Treasury. 32 Del. Laws, c. 104, §  11;  Code 1935, §  2325;  42 Del. Laws, c. 77, §§  1, 2;  5 Del. C. 1953, §  1110;  59 Del. Laws, c. 434, §  1;
5 DE Code § 1107. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 11. Taxation|§ 1107. Duties of Attorney General.

§ 1107. Duties of Attorney General. The Attorney General shall act as the legal representative of the State in all actions or proceedings had under this chapter, and shall render legal assistance to the State Bank Commissioner in executing the provisions hereof. 32 Del. Laws, c. 104, §  12;  Code 1935, §  2326;  5 Del. C. 1953, §  1111;  59 Del. Laws, c. 434, §  1;
5 DE Code § 1109. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 11. Taxation|§ 1109. State corporation income and other taxes; exemption.

§ 1109. State corporation income and other taxes; exemption. Notwithstanding Title 30, all banking organizations, trust companies and federal savings banks not headquartered in this State but maintaining branches in this State being taxed in accordance with this chapter, shall be exempt from the state corporation income tax as of January 1, 1974, and the taxation of income of banking organizations, trust companies and federal savings banks not headquartered in this State but maintaining branches in this State under this chapter shall be in lieu of occupational taxes or taxes upon the income, capital, and assets of such banking organization, trust company or federal savings bank not headquartered in this State but maintaining branches in this State, except that no real estate owned or acquired by such banking organization, trust company or federal savings bank not headquartered in this State but maintaining branches in this State shall be exempt from taxation. Except for corporations making the election provided in § 1101(e) of this title, for purposes of this section, any subsidiary corporation of a banking organization or trust company, including any corporation treated as a subsidiary corporation by reason of § 1101(f) of this title, shall enjoy the same exemptions as are applicable to banking organizations and trust companies. A subsidiary corporation or a division of a bank or trust company engaged in activities authorized under § 761(a)(14) or § 1661(a)(14) of this title shall be taxed in the same manner as an entity engaged in such activities pursuant to Title 18. 59 Del. Laws, c. 434, §  1;  64 Del. Laws, c. 461, §  6;  65 Del. Laws, c. 444, §  4;  67 Del. Laws, c. 223, §  16;  68 Del. Laws, c. 303, §  33;  70 Del. Laws, c. 327, §§  40, 41;  71 Del. Laws, c. 25, §  34;
5 DE Code § 1110. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 11. Taxation|§ 1110. Severability.

§ 1110. Severability. If any provision of this chapter or the application of any section or part thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application. 64 Del. Laws, c. 442, §  2;  64 Del. Laws, c. 461, §  8;
5 DE Code § 1111. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 11. Taxation|§ 1111. Period of limitation upon assessments.

§ 1111. Period of limitation upon assessments. (a) Except as otherwise provided in this section, the amount of tax imposed by this chapter shall be assessed within 3 years after the last day prescribed for filing the return or, if later, the date the return was filed. (b) In the case of a false or fraudulent return with intent to evade tax or a failure to file a return, the tax may be assessed at any time. (c) When, before the expiration of the time prescribed in subsection (a) of this section for the assessment of tax, both the Commissioner and the taxpayer have consented in writing to its assessment after such time, the taxpayer may be assessed at any time before the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. 70 Del. Laws, c. 112, §  64;
5 DE Code § 1112. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 11. Taxation|§ 1112. Period of limitation on credit or refund.

§ 1112. Period of limitation on credit or refund. Claim for a credit or refund of an overpayment of any tax imposed by this chapter shall be filed by the taxpayer with the Commissioner not later than 3 years from the last date prescribed for filing the return (including the time permitted in any agreements for the extension of time) or 2 years from the time the tax was paid, whichever of such periods is later, or if no return was filed by the taxpayer, not later than 2 years from the time the tax was paid. 70 Del. Laws, c. 112, §  64;
5 DE Code § 1113. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 11. Taxation|§ 1113. Secrecy of returns and information; penalty.

§ 1113. Secrecy of returns and information; penalty. (a) Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for the Commissioner or any person who is an officer or employee in the Office of the Commissioner, or for any other officer or employee of this State who has access to tax returns or information from tax returns under this chapter, to disclose or make known to any person in any manner the amount of income or any particulars set forth or disclosed in any report or return required under this chapter. Notwithstanding the foregoing, the Commissioner may permit the Commissioner of Internal Revenue of the United States, the proper officer of this or any other state, the District of Columbia, or any possession or territory of the United States that imposes a tax, or the authorized representative of any of such officers, to inspect the tax return of any taxpayer under this chapter, and the Commissioner may furnish to any such officer, or such officer's authorized representative, an abstract of the tax return of any taxpayer under this chapter or supply such officer or such officer's authorized representative with information contained in any such tax return or disclosed by the report of examination or investigation of the income or return of such taxpayer, but only for the purpose of, and only to the extent necessary in, the administration of the tax laws of such jurisdiction; provided, however, that no such permission shall be granted, and no such information shall be furnished, to any such officer or the officer's representative unless the statutes of such jurisdiction grant substantially similar privileges to the Commissioner or the Commissioner's legal representative. (b) Nothing in this section shall be construed to prohibit the publication of statistics classified so as to avoid identification of specific taxpayers, or to prohibit the disclosure of the tax return or return information of any taxpayer to such person or persons as the taxpayer may designate in a written request or consent to such disclosure. (c) For purposes of this section, the term “officer or employee” shall include present and former officers and employees, and any person or persons employed or retained by the State on an independent contractor basis. (d) Any violation of this section shall be a misdemeanor, punishable upon conviction by a fine not to exceed $1,000, or imprisonment not to exceed 6 months, or both. The Superior Court shall have exclusive original jurisdiction over such misdemeanor. 72 Del. Laws, c. 15, §  17;  73 Del. Laws, c. 24, §  2;
5 DE Code § 1114. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 11. Taxation|§ 1114. Abatements.

§ 1114. Abatements. (a) The Commissioner is authorized to abate the unpaid portion of the assessment of any tax, interest, penalty, additional amount or addition to the tax, or any liability in respect thereof, which is:  (1) Excessive in amount; (2) Assessed after the expiration of the period of limitations properly applicable thereto; or (3) Erroneously or illegally assessed. (b) The Commissioner is authorized to abate any portion (whether or not theretofore paid) of the assessment of any tax, interest, penalty, additional amount or additions to the tax, or any liability in respect thereof, if the Commissioner determines under uniform rules prescribed by the Commissioner that the administration and collection costs involved would not warrant collection of the amount due. 72 Del. Laws, c. 15, §  17;
5 DE Code § 1115. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 11. Taxation|§ 1115. Closing agreements.

§ 1115. Closing agreements. The Commissioner, or any person authorized in writing by the Commissioner, is authorized to enter into an agreement in writing with any person relating to the liability of such person (or of another person for whom such person acts) with respect to any tax imposed under this chapter for any taxable period. Such agreement shall be final and conclusive, and, except upon a showing of fraud or malfeasance or misrepresentation of a material fact:  (1) The case shall not be reopened as to matters agreed upon or the agreement modified by any officer, employee or agent of this State; and (2) In any suit, action or proceeding, such agreement, or any determination, assessment, collection, payment, abatement, refund or credit made in accordance therewith, shall not be annulled, modified, set aside or disregarded.72 Del. Laws, c. 15, §  17;
5 DE Code § 1201. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 12. Bank Ownership and Participation in Export Trading Company Act|§ 1201. Participation by banks located in State in export trading companies.

§ 1201. Participation by banks located in State in export trading companies. Notwithstanding any other provision of this chapter, banks regulated hereunder may invest or otherwise participate in the capital and financing of, management, direction and advising of export trade companies as defined and to the extent permitted by federal law 15 U.S.C. § 4001 et seq. Whatever may be done by such banks hereunder may be done directly or indirectly by contractual arrangements or by subsidiary and affiliate companies owned or controlled alone or together with other persons to the extent permitted by law, and may be delegated to their officers, employees or other trustees or persons appointed to such effect. 65 Del. Laws, c. 160, §  2;
5 DE Code § 1301. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 13. Banking Organization’s Power to Close Offices on Holidays and During Emergencies|§ 1301. Definitions.

§ 1301. Definitions. As used in this chapter, unless the context requires otherwise:  (1) “Officers” means those persons designated by the banking organization's board of directors or trustees to act for the banking organization. (2) “Emergency” means any condition which interferes with the conduct of normal business operations at 1 or more of a banking organization's offices, or which poses an imminent or existing threat to the safety and security of persons or property, or both. Without limiting the generality of the foregoing, an emergency may arise as a result of any 1 or more of the following: Fire, flood, wind, ice, rain or snow, labor dispute, power failure, transportation failure, war, nuclear incident, riot, civil commotion or other acts of lawlessness or violence. (3) “Office” means any place at which a banking organization transacts business or conducts operations related to the transaction of business, and shall specifically include, without limiting the generality of the foregoing, automatic teller machines.65 Del. Laws, c. 298, §  1;
5 DE Code § 1302. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 13. Banking Organization’s Power to Close Offices on Holidays and During Emergencies|§ 1302. Closing on legal holidays.

§ 1302. Closing on legal holidays. Any banking organization may, at its option, either close or remain open on Saturdays, Sundays and the legal holidays designated in § 501 of Title 1 and holidays observed by the Federal Reserve Bank for the district which includes Delaware. As to any banking organization electing to remain open on any of such holidays, such day or days shall not constitute a holiday within the meaning of the laws of this State, and such banking organization shall incur no liability by reason of remaining open on such holiday. If any banking organization elects to close on any such holidays, any act authorized, required or permitted to be performed at or by such banking organization may be performed on the next succeeding banking day and no liability or loss of rights of any kind shall result from remaining closed, notwithstanding any law of this State to the contrary. This section shall not operate to invalidate or prohibit the doing of any act by any person or banking organization on any of such holidays, and nothing in any laws of this State, in any manner whatsoever, shall affect the validity or render void or voidable the payment, certification or acceptance of a check or any other negotiable instrument or any other transaction by any other person or banking organization, because done or performed during any of such holidays, notwithstanding any other law of this State to the contrary. 65 Del. Laws, c. 298, §  1;
5 DE Code § 1303. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 13. Banking Organization’s Power to Close Offices on Holidays and During Emergencies|§ 1303. Proclamation of emergency.

§ 1303. Proclamation of emergency. Whenever the Governor declares a disaster or emergency under Chapter 31 of Title 20, banking organizations may close 1 or more or all of their offices when in the opinion of their officers such offices are directly or indirectly affected by such disaster or emergency. 65 Del. Laws, c. 298, §  1;
5 DE Code § 1304. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 13. Banking Organization’s Power to Close Offices on Holidays and During Emergencies|§ 1304. Powers of officers.

§ 1304. Powers of officers. Whenever the officers of a banking organization are of the opinion that an emergency exists which affects 1 or more of the organization's offices, they shall have the authority to close 1 or more or all such offices even though the Governor has not issued and does not issue a proclamation of emergency, and they may, but need not, provide that the business normally transacted at a closed office will be transacted at another office designated by the bank until further notice. The discretion of the officers in acting pursuant to this section, when exercised in good faith, shall not be questioned in any court or place or by any State agency. 65 Del. Laws, c. 298, §  1;
5 DE Code § 1305. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 13. Banking Organization’s Power to Close Offices on Holidays and During Emergencies|§ 1305. Prompt notice required.

§ 1305. Prompt notice required. A banking organization closing an office or offices pursuant to this chapter shall give as prompt notice to the State Bank Commissioner of its action as conditions will permit. 65 Del. Laws, c. 298, §  1;
5 DE Code § 1306. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 13. Banking Organization’s Power to Close Offices on Holidays and During Emergencies|§ 1306. Immunity from liability.

§ 1306. Immunity from liability. No banking organization and no director, officer or employee of a bank shall be liable to any person for any direct or indirect loss suffered by such person by reason of the organization's failure or inability to make the organization's premises and facilities available to such person, or by reason of the banking organization's failure to perform, or its delay in performing any contractual, statutory or other duty assumed by or imposed upon it in any capacity, when such failure, inability or delay is caused by an emergency as defined by this chapter. 65 Del. Laws, c. 298, §  1;
5 DE Code § 1307. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 13. Banking Organization’s Power to Close Offices on Holidays and During Emergencies|§ 1307. Construction of chapter.

§ 1307. Construction of chapter. This chapter shall be construed and applied as being in addition to and not in substitution for any other law of this State or of the United States excusing delays by banking organizations in the performance of duties or obligations, or authorizing the closing of banking organizations because of emergencies or conditions beyond the organization's control or otherwise. 65 Del. Laws, c. 298, §  1;
5 DE Code § 1308. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 13. Banking Organization’s Power to Close Offices on Holidays and During Emergencies|§ 1308. Limited operations authorized.

§ 1308. Limited operations authorized. A bank office closed as authorized by this chapter may nonetheless conduct limited operations and perform banking transactions. 65 Del. Laws, c. 298, §  1;
5 DE Code § 1801. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 18. Taxation|§ 1801. Annual franchise tax; rate of taxation.

§ 1801. Annual franchise tax; rate of taxation. (a) A franchise tax is hereby imposed on the “taxable income” of building and loan associations (computed on a basis that consolidates with the income of such building and loan association for the tax year involved, the income of all subsidiary corporations of such building and loan organization in accordance with generally accepted accounting principles). The “taxable income” on which such tax is imposed shall be equal to the product of (1) and (2) as follows:  (1) Net operating income before taxes reduced by:  a. That portion of net operating income before taxes verifiable by documentary evidence from any subsidiary or branch which is (i) otherwise subject to income taxation under Delaware law, or (ii) derived from business activities carried on outside the State and subject to income taxation under the laws of another state; b. The gross income derived from international banking transactions (as defined in § 101 of this title) after subtracting therefrom any expenses or deductions attributable thereto; c. The gross income of an international banking facility (as defined in § 101 of this title) less any expenses or other deductions attributable thereto; d. The interest income from obligations of volunteer fire companies; and e. Any examination fee paid to the Office of the State Bank Commissioner pursuant to § 127(a) of this title. (2) Multiplied by the factor .56. (b) A franchise tax is hereby imposed on the “taxable income” of building and loan associations not headquartered in this State but maintaining branches in this State, verifiable by documentary evidence. The “taxable income” on which tax is imposed shall be equal to the net operating income of the branch or branches located in Delaware, reduced by the interest income from obligations of volunteer fire companies. (c) The rate of tax upon the taxable income of building and loan associations shall be as follows: 8.7% of the amount of net operating income not in excess of $20,000,000; 6.7% of the amount of net operating income in excess of $20,000,000 but not in excess of $25,000,000; 4.7% of the amount of net operating income in excess of $25,000,000 but not in excess of $30,000,000; 2.7% of the amount of net operating income in excess of $30,000,000. (d) Any entity taxable under this section is eligible for tax credits in accordance with the Historic Preservation Tax Credit Act (subchapter II, Chapter 18, Title 30), which credits shall be against any taxes imposed under this chapter; provided, however, that all claimed credits are accompanied by a Certificate of Completion issued by the Delaware State Historic Preservation Office certifying that such credits have been earned in compliance with that act. 59 Del. Laws, c. 434, §  2;  61 Del. Laws, c. 78, §  1;  68 Del. Laws, c. 303, §  34;  73 Del. Laws, c. 6, §  5;
5 DE Code § 1802. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 18. Taxation|§ 1802. Report of net earnings and payment of tax; penalties.

§ 1802. Report of net earnings and payment of tax; penalties. (a) Within 75 days after the end of its fiscal year the building and loan association, acting through its president, treasurer, or other proper officer, shall report under oath to the State Bank Commissioner, the net earnings of the building and loan association for that next previous taxable period, and at the same time the building and loan association shall pay to the State Bank Commissioner the proper amount of tax for that period as computed under this chapter. Any and all documents relating to the taxation of a building and loan association pursuant to this chapter shall be true statements, verified by oath, by the president, treasurer or other proper officer of the building and loan association. (b) In the case of a building and loan association which has been engaged in a building and loan business of any kind in this State for less than the whole year, the amount of tax due, at the rates provided in this chapter, shall be prorated for that portion of the year during which the building and loan association was engaged in a building and loan business of any kind within this State. Within 30 days of the cessation of all building and loan business of any kind within this State, the president, treasurer or other proper officer shall file a true statement, verified by oath, setting forth the net income of such building and loan association as defined in this chapter, and such other true statement, in such form as shall be specified by the Commissioner, verified by oath, setting forth the “taxable income” of such building and loan association as defined in this chapter. (c) If any building and loan association shall fail to pay any tax due under this chapter on or before the due date, a penalty of 11/2 percent shall be assessed for each month or fraction thereof that the same remain unpaid after such date. 59 Del. Laws, c. 434, §  2;  63 Del. Laws, c. 66, §  1;  68 Del. Laws, c. 303, §  35;
5 DE Code § 1803. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 18. Taxation|§ 1803. Tax lien.

§ 1803. Tax lien. If any building and loan association shall fail to pay any tax due under this chapter, on or before the due date, the full amount of all such tax due the State shall be a lien in favor of the State upon all property and all rights to property, real or personal, belonging to such building and loan association. 59 Del. Laws, c. 434, §  2;  68 Del. Laws, c. 303, §  36;
5 DE Code § 1804. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 18. Taxation|§ 1804. State corporation income tax; exemption.

§ 1804. State corporation income tax; exemption. All building and loan associations being taxed in accordance with this chapter shall be exempt from the state corporation income tax beginning with the fiscal year for each such building and loan association in which this chapter shall become effective. 59 Del. Laws, c. 434, §  2;
5 DE Code § 1805. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 18. Taxation|§ 1805. Rules and regulations.

§ 1805. Rules and regulations. The State Bank Commissioner may, from time to time, adopt and promulgate rules and regulations for the reporting and collection of the franchise taxes imposed in accordance with this chapter and not inconsistent with this title. 59 Del. Laws, c. 434, §  2;