Delaware § 2020 Definitions

Delaware Statutes

§ 2020 — Definitions

Delaware § 2020

JurisdictionDelaware

Title30

PartIncome, Inheritance and Estate Taxes

Ch. 20BUSINESS TAX CREDITS AND DEDUCTIONS

Subch.Tax Credit and License Fee Reduction for Creation of Employment and Qualified Investment in Targeted Areas

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Bluebook

Del. Code tit. 30, § 2020 (2026).

Text

As used in this subchapter:

(1)“Commercial activity” is an activity constituting a business licensable under § 2301 of this title, other than any of the following business: Amusement conductor, amusement park operator, auctioneer, automobile race operator, bowling alley operator, circus exhibitor, entertainment agent, finance or small loan agency, floor show operator, health spa or health club, junk dealer, motion picture theater, outdoor music festival promoter, pawnbroker, pool table operator, public bath keeper, salvage yard operator and self-service laundry or dry cleaner.

(2)“Retail activity” is engaging in business as a retailer, as defined in § 2901(18) of this title, other than by providing retail food and beverage services (including eating and drinking places, but excluding g

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As used in this subchapter:

(1) “Commercial activity” is an activity constituting a business licensable under § 2301 of this title, other than any of the following business: Amusement conductor, amusement park operator, auctioneer, automobile race operator, bowling alley operator, circus exhibitor, entertainment agent, finance or small loan agency, floor show operator, health spa or health club, junk dealer, motion picture theater, outdoor music festival promoter, pawnbroker, pool table operator, public bath keeper, salvage yard operator and self-service laundry or dry cleaner.

(2) “Retail activity” is engaging in business as a retailer, as defined in § 2901(18) of this title, other than by providing retail food and beverage services (including eating and drinking places, but excluding grocery and convenience stores), engaging in automobile sales or providing recreation or entertainment.

(3) “Targeted area” means any of the following:

a. Any real property located within this State that is owned by the State, any political subdivision of the State, or any agency or instrumentality of the State or its political subdivisions.

b. Any real property located within this State that is owned by an organization described in § 501(c) of the Internal Revenue Code (26 U.S.C. § 501(c)) which is organized and operated, and which holds such real property, solely for the purpose of fostering economic development within this State.

c. Any area located within this State that has been approved by the United States Department of Commerce as a general purpose foreign trade zone.

d. [Repealed.]

e. 1. Following each decennial census, any census tract designated by the Director of the Division of Small Business, in conjunction with the Secretary of Finance, based on all of the following criteria:

A. Percent of persons below poverty level.

B. Percent of households receiving public assistance.

C. Unemployment rate.

D. Median household income.

E. A significant presence of vacant property within the census tract.

F. The character of the community.

G. Population.

2. Based on the criteria under paragraph (3)e.1. of this section, the Director of the Division of Small Business, in conjunction with the Secretary of Finance, shall allocate targeted area status on the following basis:

A. Ten in the City of Wilmington.

B. Ten in New Castle County outside of the City of Wilmington.

C. Five in Kent County.

D. Five in Sussex County.

3. On request, the Director of the Division of Small Business, in conjunction with the Secretary of Finance, may consider extending the geographic boundary lines of a targeted area if an adjacent community otherwise satisfies the criteria under paragraph (3)e.1. of this section.

(4) Any term or phrase defined in § 2010 of this title shall have the meaning ascribed to it therein.

Legislative History

64 Del. Laws, c. 460, § 3 ; 65 Del. Laws, c. 233, § 1 ; 67 Del. Laws, c. 40, § 25 ; 67 Del. Laws, c. 261, § 5 ; 68 Del. Laws, c. 202, § 9 ; 69 Del. Laws, c. 458, § 1 ; 74 Del. Laws, c. 162, §§ 1-3 ; 77 Del. Laws, c. 412, § 2 ; 78 Del. Laws, c. 1, § 3 ; 78 Del. Laws, c. 100, § 3 ; 81 Del. Laws, c. 49, § 19 ; 81 Del. Laws, c. 374, § 50 ; 83 Del. Laws, c. 323, § 4