2016 Delaware Code
Title 30 - State Taxes
CHAPTER 16. PASS-THROUGH ENTITIES, ESTATES AND TRUSTS
Subchapter II Taxation of Pass-Through Entities and Their Members
§ 1621. Taxation of pass-through entities; in general.

(a) Income tax. — A pass-through entity as such shall not be subject to the income tax imposed by Chapter 11 or Chapter 19 of this title. Members of a pass-through entity shall be liable for the tax imposed by Chapter 11 or Chapter 19 of this title only in their separate or individual capacities.

(b) Incidence of business license and excise taxes. — The incidence of the taxes imposed by Parts III through VI of this title and by Title 4 with respect to the activities of a pass-through entity engaged in business in this State shall fall upon the pass-through entity and not its members.

72 Del. Laws, c. 467, § 1.;