2016 Delaware Code
Title 30 - State Taxes
CHAPTER 15. ESTATE TAX
§ 1501. Definitions relating to this chapter.

As used in this chapter,

(1) "Delaware taxable estate" shall mean the modified federal taxable estate of the decedent, reduced, but not below zero, by the exemption amount.

(2) "Estate tax" shall mean the tax imposed under this chapter.

(3) "Exemption amount" shall mean:

a. If the date of the decedent's death is after June 30, 2009, and before January 1, 2010, $3,500,000;

b. If the date of the decedent's death is after December 31, 2009, and before January 1, 2011:

1. If the decedent's personal representative has made an election in accordance with federal law to apply the Internal Revenue Code as though the amendments made by § 301(a) of The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, Pub. L. No. 111-312, 124 Stat. 3296, do not apply with respect to Chapter 11 of the Internal Revenue Code [26 U.S.C. Chapter 11] and with respect to property acquired or passing from such decedent (within the meaning of § 1014(b) of the Internal Revenue Code) [26 U.S.C. § 1014(b)], $3,500,000; or

2. In all other cases, $5,000,000.

c. If the date of the decedent's death is after December 31, 2010, the applicable exclusion amount set forth in § 2010(c) of the Internal Revenue Code (26 U.S.C. § 2010(c)) as in effect on the date of the decedent's death.

(4) "Modified federal taxable estate of the decedent" shall mean the federal taxable estate of the decedent calculated under the provisions of the federal estate tax laws as in effect on the date of the decedent's death,

a. Increased by the amount of any deduction for state death taxes included in calculating the federal taxable estate under § 2058 of the Internal Revenue Code (26 U.S.C. § 2058), or any successor provision thereto;

b. Increased by the value of property, if any remains as of the decedent's date of death, for which a marital deduction qualified terminable interest property election was made for the decedent's predeceased spouse on a timely-filed Delaware estate tax return, to the extent such property was not included in the federal taxable estate;

c. Decreased by the value of agricultural land, and agricultural buildings on such land, enrolled in farmland assessment or farmland preservation programs, to the extent such property was included in the federal taxable estate; and

d. Decreased by the value of any interest in property which passes or has passed from the decedent to the decedent's surviving spouse pursuant to a written irrevocable election to treat property as marital deduction qualified terminable interest property made by the decedent's personal representative and submitted with or on a timely-filed Delaware estate tax return, regardless of whether such an election was made for such decedent for federal estate tax purposes, which shall be deemed to be an election as required by § 2056(b)(7)(B)(i), (iii), and (v) of the Internal Revenue Code (26 U.S.C. § 2056(7)(B)(i), (iii) and (v)), to the extent such interest was included in the federal taxable estate.

(5) "Personal representative" shall mean any executor or administrator of the decedent and, with respect to property which is included in the gross estate for federal estate tax purposes and which is not in the possession or control of the personal representative, any person in possession of such property.

(6) "State," except where the context otherwise indicates, shall mean this State or any other state of the United States or the District of Columbia.

71 Del. Laws, c. 353, § 18; 77 Del. Laws, c. 85, § 1; 79 Del. Laws, c. 11, § 1; 79 Del. Laws, c. 162, § 1.;