Subchapter V. Green Industries Credits
TITLE 30
State Taxes
Income, Inheritance and Estate Taxes
CHAPTER 20. BUSINESS TAX CREDITS AND DEDUCTIONS
Subchapter V. Green Industries Credits
§ 2040. Definitions.
(a) "Other wastes" means measurable solid waste products other than those reported under the Toxic Release Inventory and any substances released in the air or in the waters of the State for which a permit has been issued under Chapter 60 or 63 of Title 7.
(b) "Recycled materials" means materials that have been removed from the Delaware solid waste stream and have been processed into a value added material.
(c) "Solid waste" means solid waste as defined in § 6002 of Title 7.
(d) "Source reduction" means any practice which reduces the production of waste products prior to recycling, treatment or disposal.
(e) "Taxpayer" has the same meaning as set forth in § 2010(13) of this title.
(f) "Toxic Release Inventory" means an inventory of chemical releases as required under the federal Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9601 et seq.) [29 U.S.C. § 655; 42 U.S.C. §§ 9601 note, 9611, 9671-9675].
68 Del. Laws, c. 202, § 19.;
§ 2041. Reductions in waste release.
(a) In the case of any manufacturer, as defined in § 2701(2) of this title, who in any taxable year complies with the requirements of subsection (b) of this section, there shall be allowed a credit against the tax imposed under Chapter 19 or Chapter 11 of this title by virtue of § 1115 [repealed] or § 2024 of this title.
(b) The amount of the credit under subsection (a) of this section shall be either:
(1) In the case of a manufacturer that, by source reduction techniques, voluntarily reduces by at least 20% the weight of wastes reported under the Toxic Release Inventory reflected by Inventory Report forms filed for a year ending in such tax years compared with such amount reported for the immediately preceding 12 months, the credit shall be $400 for each full 10% of waste reduction during said tax year and each of the 4 succeeding tax years during which such reduced amount of release is maintained; or
(2) In the case of a manufacturer that, during such tax year, by source reduction techniques, voluntarily reduces by at least 50% the weight of other wastes released in the current tax year compared with such amount released in the immediately preceding 12 months, the credit shall be $400 for each full 10% in waste reduction during said tax year and each of the 4 succeeding tax years during which such reduced amount of release is maintained.
(c) Unused credits may be carried forward for 4 years following the year in which the credit could otherwise be taken.
68 Del. Laws, c. 202, § 19; 70 Del. Laws, c. 487, § 8.;
§ 2042. Use of recycled materials as raw materials of manufacturing.
(a) In the case of any manufacturer, as defined in § 2701(2) of this title, who:
(1) Any taxable year derives at least 25%, by weight, of its raw materials from either:
a. Recycled materials or
b. Materials removed from the Delaware solid waste stream;
(2) Satisfies the requirements of § 2011(a) of this title for the allowance of a credit against the tax imposed by Chapter 19 or Chapter 11 of this title by virtue of § 1115 [repealed] or § 2024 of this title for the taxable year of the taxpayer in which such qualified facility is placed in service by the taxpayer; and
(3) Uses such materials in its qualified facility as defined in § 2010 of this title;
the amount of such credit shall be determined as provided in subsection (b) of this section.
(b) The amount of the credit allowed under subsection (a) of this section shall, for such tax year, be the amount of credit allowed under § 2011 of this title applied with respect to such qualified facility by substituting "$650" for "$400" in § 2011(b)(1) and (2) of this title; or, in the event the taxpayer also qualifies for credit under § 2021 of this title, by substituting "$900" instead of "$650" for "$400" in § 2011(b)(1) and (2) of this title.
(c) Unused credits may be carried forward for 9 years following the year in which the credit could otherwise be taken.
68 Del. Laws, c. 202, § 19; 70 Del. Laws, c. 487, § 9.;
§ 2043. Processing of waste materials.
(a) In the case of any taxpayer, as defined in § 2010(13) of this title, who:
(1) In any taxable year is engaged in the business of processing materials removed from the Delaware solid waste stream for resale as raw materials to persons defined as manufacturers under § 2701(2) of this title;
(2) Satisfies the requirements of § 2011(a) of this title for the allowance of a credit against the tax imposed by Chapter 19 or Chapter 11 of this title by virtue of § 1115 [repealed] or § 2024 of this title for the taxable year of the taxpayer in which such qualified facility is placed in service by the taxpayer; and
(3) Whose qualified investment is devoted entirely to the processing and resale of materials removed from the Delaware solid waste stream as described in this section;
the amount of such credit shall be determined as provided in subsection (b) of this section.
(b) The amount of the credit allowed under subsection (a) of this section shall, for such tax year, be the amount of credit allowed under § 2011 of this title applied with respect to such qualified facility by substituting "$650" for "$400" in § 2011(b)(1) and (2) of this title; or, in the event the taxpayer also qualifies for credit under § 2021 of this title, by substituting "$900" instead of "$650" for "$400" in § 2011(b)(1) and (2) of this title.
(c) Unused credits may be carried forward for 9 years following the year in which the credit could otherwise be taken.
68 Del. Laws, c. 202, § 19; 70 Del. Laws, c. 487, § 10.;
§ 2044. Collection and distribution of recycled materials.
(a) In the case of any taxpayer, as defined in § 2010(13) of this title, who:
(1) In any taxable year is engaged in the business of collecting materials for recycling and distributing recycled materials;
(2) Satisfies the requirements of § 2011(a) of this title for the allowance of a credit against the tax imposed by Chapter 19 or Chapter 11 of this title by virtue of § 1115 [repealed] or § 2024 of this title for the taxable year of the taxpayer in which such qualified facility is placed in service by the taxpayer; and
(3) Whose qualified investment is devoted entirely to collection of materials for recycling and distribution of recycled materials as described in this section;
the amount of such credit shall be determined as provided in subsection (b) of this section.
(b) The amount of the credit allowed under subsection (a) of this section shall, for such tax year, be the amount of credit allowed under § 2011 of this title applied with respect to such qualified facility by substituting "$650" for "$400" in § 2011(b)(1) and (2) of this title; or, in the event the taxpayer also qualifies for credit under § 2021 of this title, by substituting "$900" instead of "$650" for "$400" in § 2011(b)(1) and (2) of this title.
(c) Unused credits may be carried forward for 9 years following the year in which the credit could otherwise be taken.
68 Del. Laws, c. 202, § 19; 70 Del. Laws, c. 487, § 11.;
§ 2045. Exceptions and procedures.
(a) No taxpayer is eligible for any credit under this subchapter unless and until a determination of eligibility has been made by both the Director of the Delaware Economic Development Office and the Secretary of the Department of Natural Resources and Environmental Control and certified in writing to the Director of Revenue, who shall implement said determination. A determination as to the eligibility of a taxpayer for credit under this subchapter and to the amount of such credit shall be reviewable by the Superior Court only for abuse of discretion and, in any case, notwithstanding § 329 of this title, shall not be appealable to the Tax Appeal Board.
(b) No taxpayer shall be eligible for any credit under this subchapter if, within 12 months immediately prior to application, but after the effective date of this subchapter, the taxpayer or any of its executive officers or directors has been convicted of any criminal offense involving environmental pollution, or has been the subject of any administrative penalty or order by the Department of Natural Resources and Environmental Control or any agency of the United States by which it was finally determined that the taxpayer violated any state or federal statute or regulation prohibiting environmental pollution.
(c) The credits allowed under this subchapter are exclusive of one another, and a taxpayer may claim credits under only 1 of § 2041, § 2042, § 2043 or § 2044 of this title in any tax year.
68 Del. Laws, c. 202, § 19; 69 Del. Laws, c. 458, § 1.;