Delaware House Bill 291 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: Passed on July 1 2009 - 100% progression
Action: 2009-07-01 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

This Act reinstates Delaware’s estate tax. Prior to 2002, the Internal Revenue Code allowed states to effectively share estate tax revenue with the federal government. From 2002 to 2005, the states’ share of this arrangement was phased-out. Under this Act, Delaware’s estate tax will be calculated using the rate schedule for state tax credits available under federal law in 2001. This Act recognizes important updates to federal estate tax law that have occurred since 2001. Furthermore, this Act reinstates the estate tax exemption for farm land included in the Delaware Agricultural Lands Preservation Act program. Sections 1, 2. and 3. of the Act decouple the Delaware estate tax on the estates of resident individuals from any repeal of the federal estate tax by referencing the federal law as it existed on January 1, 2001 as updated by other provisions of the federal estate tax laws with respect to the duty to file a return and the calculation of the taxable estate in effect on the earlier of the date of the decedent’s death or the date immediately preceding the effective date of the repeal of the federal estate tax. Section 4 of the Act decouples the Delaware estate tax on the estates of non-resident individuals from any repeal of the federal estate tax by referencing the federal law as it existed on January 1, 2001 as updated by other provisions of the federal estate tax laws with respect to the duty to file a return and the calculation of the taxable estate in effect on the earlier of the date of the decedent’s death or the date immediately preceding the effective date of the repeal of the federal estate tax. The estate tax for non-residents will be calculated in the same manner as the estate tax for residents, the sum of which will be reduced by the ratio of Delaware taxable assets over total taxable assets. Sections 5, 6, and 7, reinstate enforcement and procedural requirements that would sunset with the repeal of the federal estate tax, such as the duty to file a Delaware estate tax return, creation of a special lien for estate taxes, and the duty to file an affidavit in cases where a return need not have been filed pursuant to the Internal Revenue Code in effect on January 1, 2001 as updated by other provisions of the federal estate tax laws with respect to the duty to file a return and the calculation of the taxable estate in effect on the earlier of the date of the decedent’s death or the date immediately preceding the effective date of the repeal of the federal estate tax. Section 8 exempts from tax farm land participating in the Delaware Agricultural Lands Preservation Act program.

An Act To Amend Titles 3, 12 And 30 Of The Delaware Code Relating To The Estate Tax.

Sen. Patricia Blevins [D]	Sen. Nancy Cook [D]	Sen. Anthony DeLuca [D]	Rep. Robert Gilligan [D]
Rep. Valerie Longhurst [D]	Rep. Peter Schwartzkopf [D]	Sen. Gary Simpson [R]

2009-06-29 - House - House Third Reading (Y: 25 N: 16 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2009-07-01		Signed by Governor
2009-06-30		Passed by Senate. Votes: Passed 14 YES 6 NO 0 NOT VOTING 0 ABSENT 1 VACANT
2009-06-30		Necessary rules are suspended in Senate
2009-06-29		Assigned as Floor Manager in Senate
2009-06-29		Passed by House of Representatives. Votes: Passed 25 YES 16 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2009-06-29		Amendment HA 4 - Passed by House of Representatives. Votes: Passed 40 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2009-06-29		Amendment HA 4 - Introduced in House
2009-06-29		Amendment HA 3 - Stricken
2009-06-29		Amendment HA 3 - Introduced in House
2009-06-29		Amendment HA 2 - Defeated in House by Voice Vote
2009-06-29		Amendment HA 2 defeated
2009-06-29		Amendment HA 2 - Introduced in House
2009-06-29		Amendment HA 1 - Passed in House by Voice Vote
2009-06-29		Amendment HA 1 - Introduced in House
2009-06-29		Lifted From Table in House
2009-06-29		Laid On Table in House
2009-06-29		Necessary rules are suspended in House
2009-06-29		Introduced in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis145.nsf/2bede841c6272c888025698400433a04/c84d6b0296714d42852575e4007be66d?OpenDocument
Text	http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/HB+291/$file/legis.html?open
Roll Call	http://legis.delaware.gov/LIS/lis145.nsf/7712cf7cc0e9227a852568470077336f/95eebb5132965078852575e5000a8940?OpenDocument