Small Business Reading Room


Friday, July 10, 2009

The Delaware Division of Corporations has published its 2008 Annual Report


This is the document for Delaware Business Formation Statistics!

Despite the worldwide economic decline and its effect on new business formations, Delaware remained the chosen home of 64% of Fortune 500 companies and, in autumn 2008, reached an historic milestone of one domestic entity per Delawarean. At the end of 2008, there were over 882,000 active business entities in Delaware – an overall increase of 4.1% over the previous year.



Of the 121,628 new entities formed in Delaware in 2008, 67% were LLCs and 24% were corporations.

You can read the full report here:

Delaware Division of Corporations 2008 Annual Report (PDF)

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Thursday, July 09, 2009

Recent Legislative Changes to 2009 Delaware Franchise Tax Are Effective Immediately

The following changes which were included in legislation (HS 1 for HB 267) that was passed by the Delaware General Assembly and signed by the Governor are effective July 1, 2009 for the 2009 tax year:

  • The maximum franchise tax due for a corporation will increase from $165,000 to $180,000.


  • Corporations that file on the Assumed Par Value Capital Method will increase from $250 to $350 per $1,000,000 of total taxable gross assets.


  • View the complete PDF version of HS 1 for HB 267.


    If you have any questions, please contact us so that we may assist you.


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    Wednesday, July 08, 2009

    Delaware Corporate Legislation Tracker

    Everyone following Delaware legislation knew that the month of June would end with a flurry of activity. Many bills were passed & signed by Governor Markell. Given the volume of activity last week, this edition of the corporate legislation tracker will be slightly different in that we will give an abbreviated overview of all of the legislation that we have been following.

    The Delaware Corporate Legislation Tracker is a free service, designed to keep you up to date on current and pending legislation related to Delaware Corporate rules and regulations. Here is the latest installment:

    HS 1 for HB 267
    Title: AN ACT TO AMEND TITLE 6, TITLE 8, TITLE 12, AND TITLE 29 OF THE DELAWARE CODE RELATING TO VARIOUS FEES AND TAXES CHARGED BY THE SECRETARY OF STATE.

    Synopsis: This Act alters various fees and taxes assessed by the Delaware Secretary of State. The Act provides that most changes to the fees and taxes assessed will take effect on August 1, 2009; however increases to the maximum franchise tax and the assumed par value multiplier for calculation of the corporate franchise tax shall take effect for the tax year beginning January 1, 2009, and the increase of the minimum franchise tax applicable under the assumed par value test, and the late penalty for the filing of an annual franchise tax report, will take effect for the tax year beginning January 1, 2010.


    History:

    Jul 02, 2009 - Signed by Governor



    SB 88
    AN ACT TO AMEND TITLES 6 AND 12 OF THE DELAWARE CODE RELATING TO TRANSFERS OF PROPERTY AND FIDUCIARY RELATIONS.

    Synopsis:
    This bill continues the practice of amending periodically the Delaware Code with respect to Delaware Trusts, trustees, fiduciary duties, and the filing of accounts with the Register in Chancery.

    History:

    Jul 06, 2009 - Signed by Governor



    HB 291
    Title: AN ACT TO AMEND TITLES 3, 12 AND 30 OF THE DELAWARE CODE RELATING TO THE ESTATE TAX.

    Synopsis:
    This Act reinstates Delaware’s estate tax. Prior to 2002, the Internal Revenue Code allowed states to effectively share estate tax revenue with the federal government. From 2002 to 2005, the states’ share of this arrangement was phased-out.

    History:

    Jul 01, 2009 - Signed by Governor



    HB 289
    Title: AN ACT TO AMEND TITLE 7 AND TITLE 30 OF THE DELAWARE CODE AND CHAPTER 282, VOLUME 76 OF THE LAWS OF DELAWARE RELATING TO GROSS RECEIPTS TAXES.

    Synopsis:
    This Act increases certain General Fund business and occupational gross receipts tax rates. Sections 1 and 5 through 19 of the Act set forth the specific gross receipts tax rate increases made by the Act. Sections 2, 3 and 4 of the Act correct outdated cross references to service business license categories for purposes of the Occupational License Taxes. Section 20 of the Act eliminates a sunset provision that would have automatically repealed the gross receipts tax rate increases that were enacted in 2008. Sections 21 and 22 of this Act directs that he first $1 million collected each year under the gross receipts tax surcharge on petroleum be deposited in the General Fund. Section 23 of the Act is a severance provision. Section 24 of the Act provides that the rate increases made by Sections 1 and 5 through 19 of the Act are effective for taxable periods beginning after December 31, 2009, and, except for Sections 21 and 22, that the other sections of the Act are effective upon enactment.


    History:

    Jul 01, 2009 - Signed by Governor


    HS 1 for HB 262
    Title: AN ACT TO AMEND TITLE 9 AND TITLE 29 OF THE DELAWARE CODE RELATING TO GOVERNMENT RECORDS MANAGEMENT.

    Synopsis: This Act increases the current State surcharge on each document or paper recorded or filed with the county recorders from $6 to $30. Additional proceeds of $24 per recordation or filing will supplement the Government Records Management Improvement Fund, which is renamed by this Act as the Delaware Cultural Access Fund. Fund fees retained by the State will be used to promote, preserve and protect Delaware’s cultural assets. Fees for the Government Records Management Improvement Fund have not been increased since 1991.


    History:

    Jul 01, 2009 - Signed by Governor



    SB 82
    Title: AN ACT TO AMEND CHAPTER 18, TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION OPERATION AND DISSOLUTION OF DOMESTIC LIMITED LIABILITY COMPANIES AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED LIABILITY COMPANIES.


    Synopsis:
    This bill continues the practice of amending periodically the Delaware Limited Liability Company Act (the "Act") to keep it current and to maintain its national preeminence.

    Bill History:

    Jun 26, 2009 - Signed by Governor


    SB 83
    Title: AN ACT TO AMEND CHAPTER 15, TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION AND DISSOLUTION OF DOMESTIC PARTNERSHIPS AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED LIABILITY PARTNERSHIPS.


    Synopsis:
    This bill continues the practice of amending periodically the Delaware Revised Uniform Partnership Act (the "Act") to keep it current and to maintain its national preeminence.

    Bill History:

    Jun 26, 2009 - Signed by Governor



    HB 142
    Title: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION AND DISSOLUTION OF DOMESTIC LIMITED PARTNERSHIPS AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED PARTNERSHIPS.



    Synopsis:
    This bill continues the practice of amending periodically the Delaware Revised Uniform Limited Partnership Act (the "Act") to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act.


    Bill History:

    Jun 26, 2009 - Signed by Governor


    HB 239
    Title: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO TAX ON LIMITED LIABILITY COMPANY.



    Synopsis:
    This Act would increase the State tax levied and imposed on both domestic and foreign limited liability companies.

    Bill History:

    Jun 25, 2009 - Stricken






    HB 240
    Title: AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO CORPORATE FRANCHISE TAX.



    Synopsis:
    This Act would increase the cap on the State corporate franchise tax levied and imposed on a corporation from $165,000 to $195,000 for any full taxable year.

    Bill History:

    Jun 25, 2009 - Stricken



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