Delaware Statutes

§ 1621 — Taxation of pass-through entities; in general

Delaware·Title 30·Part Income, Inheritance and Estate Taxes·Ch. 16 PASS-THROUGH ENTITIES, ESTATES AND TRUSTS·Subch. Taxation of Pass-Through Entities and Their Members
(a)Income tax. —A pass-through entity as such shall not be subject to the income tax imposed by Chapter 11 or Chapter 19 of this title. Members of a pass-through entity shall be liable for the tax imposed by Chapter 11 or Chapter 19 of this title only in their separate or individual capacities.
(b)Incidence of business license and excise taxes. —The incidence of the taxes imposed by Parts III through VI of this title and by Title 4 with respect to the activities of a pass-through entity engaged in business in this State shall fall upon the pass-through entity and not its members.

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