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Legislation Document
SPONSOR:
Rep. Carson & Rep. Bush & Sen. Hoffner
Reps. Burns, D. Short, Yearick, Berry, Shupe, Jones Giltner, Chukwuocha, Hilovsky, Neal, Ross Levin, Snyder-Hall; Sens. Lawson, Lockman, Pettyjohn, Wilson, Hocker
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 349
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DISABLED VETERANS' SCHOOL TAX CREDIT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 1917, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1917. Collection and deposit of school taxes [Effective until Aug. 12, 2028].
(d) (1) a. If authorized by majority vote of the whole school board of the local school district under § 6102(r) of Title 29, there will be allowed a credit against taxation in the full amount of tax liability imposed by this chapter on the valuation of any qualified property.
c. For purposes of this subsection, a “qualified person” means a veteran who satisfies both the following:
1.
A. For tax years beginning before January 1, 2025,
Receives
receives
from the United States Department of Veterans Affairs, or its successor agency, 100% disability compensation due to a service-connected, permanent and total disability based on individual unemployability or a 100% disability rating.
B. For tax years beginning on or after January 1, 2025,
receives from the United States Department of Veterans Affairs, or its successor agency,
service-connected disability benefits assigned an 80% or greater combined rating or compensation rate, including a total disability rating due to individual unemployability regardless of the assigned schedular rating.
2. Is legally domiciled in this State for a period of at least 3 consecutive years. Mere seasonal or temporary residence within this State, of whatever duration, does not constitute domicile within this State for the purposes of this subsection. Absence from this State for a period of 12 months is prima facie evidence of abandonment of domicile in this State.
(2) b. Notwithstanding the application deadline in paragraph (d)(2)a. of this section, the Secretary of Finance, in consultation with the receiver of taxes and
country
county
treasurer, shall establish a process for the receiver of taxes and county treasurer to use to verify the eligibility of a surviving spouse of a deceased qualified person and to maintain the credit for an eligible surviving spouse without disruption occasioned by the death of the qualified person.
§ 1917. Collection and deposit of school taxes [Effective Aug. 12, 2028].
(d) (1) a. If authorized by majority vote of the whole school board of the local school district under § 6102(r) of Title 29, there will be allowed a credit against taxation in the full amount of tax liability imposed by this chapter on the valuation of any qualified property.
c. For purposes of this subsection, a “qualified person” means a veteran who satisfies both the following:
1.
A. For tax years beginning before January 1, 2025,
Receives
receives
from the United States Department of Veterans Affairs, or its successor agency, 100% disability compensation due to a service-connected, permanent and total disability based on individual unemployability or a 100% disability rating.
B. For tax years beginning on or after January 1, 2025, receives from the United States Department of Veterans Affairs, or its successor agency, service-connected disability benefits assigned an 80% or greater combined rating or compensation rate, including a total disability rating due to individual unemployability regardless of the assigned schedular rating.
2. Is legally domiciled in this State for a period of at least 3 consecutive years. Mere seasonal or temporary residence within this State, of whatever duration, does not constitute domicile within this State for the purposes of this subsection. Absence from this State for a period of 12 months is prima facie evidence of abandonment of domicile in this State.
(2) b. Notwithstanding the application deadline in paragraph (d)(2)a. of this section, the Secretary of Finance, in consultation with the receiver of taxes and
country
county
treasurer, shall establish a process for the receiver of taxes and county treasurer to use to verify the eligibility of a surviving spouse of a deceased qualified person and to maintain the credit for an eligible surviving spouse without disruption occasioned by the death of the qualified person.
SYNOPSIS
This Act modifies the eligibility standard from 100% disability to 80% disability or greater for veterans to qualify for the credit against school taxation on qualified property and corrects a typographical error.
Section 1917 of Title 14 currently appears in 2 versions in the Code because an unrelated change in the statute will occur in 2028. This Act therefore contains both versions of the Code to indicate the intention that the change made by this Act will persist through the unrelated 2028 scheduled statutory change.