§ 4301 — Definitions

Delaware § 4301

• Jurisdiction: Delaware
• Title: 30
• Part: Occupational and Business Licenses and Taxes
• Ch. 43: USE TAX ON LEASES OF TANGIBLE PERSONAL PROPERTY

Text

As used in this chapter:

(1) “Lease” means an agreement (either written or oral) under which a lessor grants to a lessee the right to use property for a specified period or at the will of either the lessor or lessee. An agreement which purports to be a sale but which is in substance a lease shall be considered a lease.

(2) “Lessee” means any person to which a lease is made and any assignee of the person to which a lease is made.

(3) “Lessor” means any person that grants a lease and any assignee of the person that grants a lease other than an assignee for security or financing.

(4) “Person” means and includes an individual, partnership, firm, cooperative, corporation or any association of persons acting individually or as a unit.

(5) “Person required to collect the tax” shall include every lessor of property the use of which is subject to tax under § 4302 of this title, and shall also include any officer or employee of a corporate lessor of such property and any member of a partnership lessor of such property.

(6)“Place of business.” —

Each person leasing tangible personal property in this State shall be considered to have at least 1 “place of business” in this State.

(7) “Motor vehicle lessee” shall mean a lessee, as defined in this chapter, of a motor vehicle as defined in § 101 of Title 21.

(8) “Motor vehicle lessor” shall mean a lessor, as defined in this chapter, of a motor vehicle as defined in § 101 of Title 21.

Legislative History

30 Del. C. 1953, § 4301; 57 Del. Laws, c. 136, § 18 ; 57 Del. Laws, c. 523 ; 71 Del. Laws, c. 150, § 62 ; 83 Del. Laws, c. 323, § 6