§ 2702 — License requirements; license fee; additional fee on aggregate gross receipts; statements required

(a) Any person desiring to engage in business in this State as a manufacturer shall first obtain a license from the Division of Revenue and pay therefor a fee of $75 for each place of business. Such license shall be valid until January 1 at which time it may be renewed for a full year and every year thereafter; provided, that the manufacturer makes application therefor and payment of $75 for each place of business, plus the license fee required by subsection (b) of this section.

(b) (1) In addition to the license fee required by subsection (a) of this section, every manufacturer, except those subject to paragraph (b)(2) of this section, shall pay a license fee of 0.126% of the aggregate gross receipts of such manufacturer, which fee shall be payable monthly on or before the twentieth day of each month with respect to the aggregate gross receipts for the immediately preceding month. In computing the fee due on such aggregate gross receipts for each month, there shall be allowed a deduction of $1,250,000. For purposes of this subsection, all branches or entities comprising an enterprise with common ownership or common direction and control shall be allowed only 1 monthly deduction from the aggregate gross receipts of the entire enterprise. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due.

(2) In addition to the license fee required by subsection (a) of this section, every clean energy technology device manufacturer shall pay a license fee of 0.0945% of the aggregate gross receipts of such clean energy technology device manufacturer, which fee shall be payable monthly on or before the twentieth day of each month with respect to the aggregate gross receipts for the immediately preceding month. In computing the fee due on such aggregate gross receipts for each month, there shall be allowed a deduction of $1,250,000. For purposes of this subsection, all branches or entities comprising an enterprise with common ownership or common direction and control shall be allowed only 1 monthly deduction from the aggregate gross receipts of the entire enterprise. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due.

(3) Notwithstanding paragraph (b)(1) or (b)(2) of this section, if the taxable gross receipts prescribed therein during the lookback period as defined in § 2122 of this title do not exceed the applicable threshold of $1,500,000, the return and payment of the additional license fee imposed for such month shall be due on or before the last day of the first month following the close of the quarter. (The applicable threshold in this paragraph (b)(3) is subject to annual adjustment as more fully set forth in § 515 of this title.) In the case of such return, in computing the fee due on such aggregate gross receipts for each quarter, there shall be allowed a deduction of $3,750,000. For purposes of this paragraph (b)(3), all branches or entities comprising an enterprise with common ownership or common direction and control shall be allowed only 1 quarterly deduction from the aggregate gross receipts of the entire enterprise. The quarterly return shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing this fee due.

(c) [Repealed.]

Legislative History

14 Del. Laws, c. 24, § 1 ; 26 Del. Laws, c. 13, § 1 ; 27 Del. Laws, c. 29 ; 27 Del. Laws, c. 30, §§ 1-3 ; Code 1915, §§ 196, 226A; 40 Del. Laws, c. 25 ; 40 Del. Laws, c. 30, § 1 ; Code 1935, § 171; 41 Del. Laws, c. 12, § 1 ; 30 Del. C. 1953, § 2702; 57 Del. Laws, c. 136, § 15 ; 57 Del. Laws, c. 188, § 46 ; 57 Del. Laws, c. 741, § 13B ; 58 Del. Laws, c. 290 ; 60 Del. Laws, c. 21, §§ 4, 5 ; 60 Del. Laws, c. 22, §§ 1-3 ; 60 Del. Laws, c. 548, § 1 ; 61 Del. Laws, c. 117, § 3 ; 63 Del. Laws, c. 314, § 3 ; 65 Del. Laws, c. 184, § 2 ; 65 Del. Laws, c. 388, § 1 ; 65 Del. Laws, c. 402, §§ 5, 6 ; 66 Del. Laws, c. 381, § 9 ; 67 Del. Laws, c. 261, § 10 ; 68 Del. Laws, c. 80, § 5 ; 69 Del. Laws, c. 289, § 5 ; 70 Del. Laws, c. 484, § 5 ; 70 Del. Laws, c. 489, §§ 7, 8 ; 71 Del. Laws, c. 351, §§ 3, 13, 20 ; 72 Del. Laws, 1st Sp. Sess., c. 245,, § 1 ; 75 Del. Laws, c. 199, § 5 ; 76 Del. Laws, c. 282, §§ 3, 16 ; 77 Del. Laws, c. 83, §§ 6, 25 ; 78 Del. Laws, c. 47, §§ 17-19 ; 78 Del. Laws, c. 73, §§ 12, 13, 33, 34 ; 79 Del. Laws, c. 13, §§ 3, 4 ; 80 Del. Laws, c. 195, § 13