AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO

THE UNIVERSAL CHARITABLE INCOME TAX CREDIT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 30, Chapter 11, Subchapter II of the Delaware Code by adding,

1118: Universal Charitable Tax Credit.

(a) Establishment. The Universal Charitable Tax Credit is established to permit taxpayers
to direct a portion of their state income tax liability to a qualifying charitable
organization designated 501(c)(3) in the Internal Revenue Code.

(b) Definitions.

(1) A credit is allowed against the taxes imposed by this title for voluntary cash
contributions by the taxpayer or on the taxpayer's behalf during the taxable year to
a qualifying charitable organization not to exceed:
a. Five hundred dollars in any taxable year for a taxpayer who files as: single
individual, head of household or married filing separately.
b. One thousand dollars in any taxable year for a married couple filing a joint
return.

(2) The credit allowed by this section is in lieu of a deduction pursuant to section
170 of the internal revenue code and taken for state tax purposes.

(3) Taxpayers taking a credit authorized by this section shall provide the name of
the qualifying charitable organization and the amount of the contribution to the
department of revenue on forms provided by the department.

(4) The department of revenue shall compile and make available to the public a list
of qualifying charitable organizations.

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AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO
THE UNIVERSAL CHARITABLE INCOME TAX CREDIT.

(5) For the purposes of this section:

a. "Qualifying charitable organization" means a charitable organization that is

exempt from federal income taxation under section 501(c)(3) of the internal
revenue code, and incorporated in the State of Delaware.

b. Taxpayers choosing to make donations through an umbrella charitable

organization that collects donations on behalf of member charities shall
designate that the donation be directed to a member charitable organization that
would qualify under this section on a stand-alone basis.

(6) Carryover.

a. The allowable tax credit shall be applied against the qualified tax liability for
the year in which it is claimed, but shall not exceed the total liability of the
taxpayer for that year.

b. A tax credit granted under this article shall not be carried back or refunded.

c. Notwithstanding any other provision of law, the department of revenue shall

settle, assess or determine the tax of an applicant under this subsection within
90 days of the filing of all required final returns or reports in accordance with
Title 30 of the Delaware Code.

(c) Retroactivity.

This act applies retroactively to taxable years beginning from and after December 31,
2016.

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