§ 2904 — Commercial feed dealer license requirements; license fee; additional fee on aggregate gross receipts; statements required

(a) Every person described in § 2901(21)a.3. of this title engaged in the business of buying, selling and shipping commercial feeds shall be exempt from § 2902 of this chapter and shall be subject to this section.

(b) All persons defined in subsection (a) of this section desiring to engage in business in this State shall first obtain a license from the Department of Finance 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 commercial feed dealer pays the fees required by subsection (c) of this section, makes application therefor and makes payment of $75 for each place of business.

(c) (1) In addition to the license fee required by subsection (b) of this section, every commercial feed dealer shall also pay a license fee at the rate of 0.0996% percent of the aggregate gross receipts attributable to all goods delivered by the commercial dealer within this State, 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 $100,000. 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) Notwithstanding paragraph (c)(1) 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 $3,000,000, 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 (c)(2) 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 $300,000. For purposes of this paragraph (c)(2), 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.

(3) [Repealed.]

Legislative History

14 Del. Laws, c. 76, §§ 1, 2 ; Code 1915, §§ 198, 226A; 40 Del. Laws, c. 26, § 1 ; 40 Del. Laws, c. 30, § 1 ; Code 1935, § 173; 30 Del. C. 1953, § 2904; 57 Del. Laws, c. 136, § 16 ; 57 Del. Laws, c. 741, § 14 ; 60 Del. Laws, c. 21, §§ 10, 11 ; 60 Del. Laws, c. 23, §§ 3, 4 ; 61 Del. Laws, c. 117, § 6 ; 63 Del. Laws, c. 314, § 6 ; 65 Del. Laws, c. 392, §§ 8, 9 ; 65 Del. Laws, c. 402, §§ 11, 12 ; 65 Del. Laws, c. 406, § 1 ; 66 Del. Laws, c. 381, § 3 ; 67 Del. Laws, c. 261, § 11 ; 68 Del. Laws, c. 80, §§ 8, 14 ; 69 Del. Laws, c. 289, §§ 1, 8 ; 70 Del. Laws, c. 484, § 7 ; 70 Del. Laws, c. 489, §§ 13, 14 ; 71 Del. Laws, c. 351, §§ 6, 16, 23 ; 75 Del. Laws, c. 199, §§ 7, 18, 27 ; 76 Del. Laws, c. 282, §§ 7, 16 ; 77 Del. Laws, c. 83, §§ 11, 25 ; 77 Del. Laws, c. 412, § 2 ; 78 Del. Laws, c. 1, § 8 ; 78 Del. Laws, c. 73, §§ 20, 21, 39 ; 78 Del. Laws, c. 100, § 16 ; 79 Del. Laws, c. 13, § 9 ; 80 Del. Laws, c. 195, § 17