2016 Delaware Code
Title 30 - State Taxes
CHAPTER 15. ESTATE TAX
§ 1503. Credit for taxes paid to another state; limitation.

(a) Subject to subsection (b) of this section, the Delaware taxable estate of every decedent who was a resident of this State at the time of death shall be allowed a credit against the estate tax otherwise due under this chapter for the aggregate amount of all estate, inheritance, legacy and succession taxes actually paid to any other state with respect to any property owned by such decedent or subject to such taxes as part of or in connection with the estate and for which a credit or deduction for such taxes paid to any other state was allowable under the federal estate tax laws in effect as of the decedent's date of death.

(b) The credit allowed under subsection (a) of this section above for taxes paid to any other state shall be limited to that amount which does not reduce the estate tax due under this chapter to an amount less than the estate tax otherwise due under this chapter notwithstanding this section, multiplied by a fraction:

(1) The numerator of which is the value of that part of the decedent's federal taxable estate consisting of real and tangible personal property located in this State plus all intangible personal property; and

(2) The denominator of which is the value of the decedent's federal taxable estate, excluding real and tangible personal property not located in any state.

71 Del. Laws, c. 353, § 20; 72 Del. Laws, c. 104, § 6; 79 Del. Laws, c. 162, § 1.;