§ 4305 — Lessor’s license

(a) (1) Every person engaged in or desiring to engage in business in this State as a lessor of tangible personal property other than motor vehicles shall obtain a license by making application to the Division of Revenue and paying a fee of $75, plus $25 for each additional place of business or business location within this State. Such license shall be valid until the last day of December following the issuance thereof, at which time it may be renewed annually upon application and payment of the fees and taxes specified in this chapter.

(2) Every person engaged in or desiring to engage in business in this State as a motor vehicle lessor shall obtain a license by making application to the Division of Revenue and:

a. Paying a fee of $75, plus $25 for each additional place of business or business location within this State; or

b. Supplying proof of having obtained with respect to each such location a valid business license under paragraph (a)(1) of this section.

(b) In addition to the license fee required by subsection (a) of this section, every such lessor shall pay an annual license tax in quarterly installments at the rate of 0.2987% of the lease rental payments received, except lease rental payments on manufacturing equipment under leveraged leases on which rental payments are guaranteed, in whole or in part, by the Economic Development Administration of the United States Department of Commerce pursuant to Public Law 89-136 (42 U.S.C. § 312 et seq.), as amended. In computing the fee due on such aggregate gross receipts under this subsection for each quarter, there shall be allowed a deduction of $300,000, to be applied first to receipts from leases of tangible property other than motor vehicles and any remainder applied to receipts from leases of motor vehicles. 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 quarterly deduction from the aggregate gross receipts of the entire enterprise. Returns shall be filed quarterly by each lessor on the dates specified in § 4307(b) of this title.

(c) Any person required to be licensed as a retailer under § 2905(a) of this title shall not be required to pay the license fees or taxes imposed by this section; provided, that:

(1) Such person deems gross receipts to which subsection (b) of this section would otherwise apply to be receipts from the sale of goods and thus subject to § 2905(b) of this title; and

(2) Any such person more than 50% of whose gross receipts are derived from the leasing of personal property within this State shall obtain a license under subsection (a) of this section.

Nothing in this subsection shall exempt any person from imposition or collection of tax under § 4302 of this title.

(d) [Repealed.]

Legislative History

30 Del. C. 1953, § 4305; 57 Del. Laws, c. 136, § 18 ; 57 Del. Laws, c. 681 ; 57 Del. Laws, c. 741, § 46 ; 60 Del. Laws, c. 163, § 1 ; 62 Del. Laws, c. 104, § 2 ; 65 Del. Laws, c. 392, § 10 ; 66 Del. Laws, c. 381, § 7 ; 67 Del. Laws, c. 261, § 13 ; 68 Del. Laws, c. 80, §§ 13, 14 ; 69 Del. Laws, c. 289, § 1 ; 70 Del. Laws, c. 230, § 4 ; 70 Del. Laws, c. 484, § 10 ; 70 Del. Laws, c. 489, § 21 ; 71 Del. Laws, c. 150, §§ 65-67 ; 71 Del. Laws, c. 351, § 12 ; 75 Del. Laws, c. 199, §§ 34, 35 ; 76 Del. Laws, c. 282, §§ 14, 16 ; 77 Del. Laws, c. 83, §§ 19, 25 ; 78 Del. Laws, c. 73, §§ 30, 48 ; 79 Del. Laws, c. 13, § 17