Budget & Taxes

HB 100 allocates state funding for government operations during the 2025-2026 fiscal year, covering agency budgets and setting spending rules for state departments. It establishes procedures for how funds can be used, including specific limitations on expenditures, and updates related state laws to align with these funding allocations. This bill directly affects all state agencies receiving funding under the 2026 budget.

HB 101 allocates $17.56 million as a one-time supplemental appropriation to the Office of Management and Budget for the fiscal year ending June 30, 2026. This funding is designated for specific, existing projects managed through the Office of Management and Budget, not for new programs. The bill directly affects the Office of Management and Budget, which will distribute these funds to designated state projects. It is a procedural budget measure, pending action by the Appropriations Committee after its January 15, 2025, introduction.

HB 72 changes Delaware's senior property tax credit eligibility by reducing the required residency period from 10 years to 3 years for seniors aged 65+ who own their homes as principal residences. Currently, seniors who established residency after 2017 need 10 years of Delaware residency to qualify (through 2025), but this bill would immediately revert to the pre-2017 standard of 3 consecutive years of residency. The change applies to all future claims, making the credit accessible to more seniors who have lived in Delaware for a shorter time. This directly affects Delaware seniors seeking to reduce property tax bills on their primary homes.

This Act is a substitute for and differs from Senate Bill No. 35 by making the following substantive changes from the original bill: 1. Establishes and provides additional clarity to the definition of “qualified farm structure” to include buildings such as poultry houses, barns, sheds, silos, commodity storage facilities, greenhouse and packing or cooling facilities. To qualify, these structures must be located on land devoted to agricultural, horticultural, or forest land, as already defined in this chapter. Notably, this definition excludes any dwelling units used as residences and any buildings that are used for commercial, industrial, or non-farm businesses. 2. Removes Sections 3 through 6 of Senate Bill No. 35 as unnecessary due to the new definition of “qualified farm structure.” 3. Includes the new definition of “qualified farm structure” to clarify that qualified farm structures are eligible for valuation within this chapter. 4. Establishes that qualified farm structures are to be valued using a cost approach method, with only 50% of the fair market value of these structures subject to tax. This reduced rate excludes any residential dwellings or structures used for commercial, industrial, or other non-farm business purposes. 5. Eliminates references to any proposed changes to § 8337 pertaining to the State Farmland Evaluation Advisory Committee that were originally considered in Senate Bill No. 35. This substitute also makes technical corrections to conform to the standards set by the Delaware Legislative Drafting Manual. Agriculture is currently the leading industry in Delaware but as housing and other development occurs less farmland becomes available. For farmers in general, but in particular the small and medium sized farm owners, the real estate taxes imposed on their farm structures impose a significant financial impact and adversely affects their ability to survive. At least eighteen other states have recognized this problem and have through legislation provided real estate tax relief for qualified farm structures.

This Act amends the New Castle City Charter to provide that the New Castle City Council may impose and collect a tax of no more than 5% on the gross rents within city boundaries. The tax may not apply to rental properties that are directly subsidized by federal, state, or City of New Castle rental assistance funding.

This bill increases Delaware's personal income tax exclusion for pension income from $12,500 to $25,000 annually. It directly affects Delaware residents who receive pension income, allowing them to exclude more of that income when calculating their state taxable income. The key provision doubles the amount of pension earnings that are exempt from state taxation. This change reduces the state tax burden for qualifying pensioners without altering other tax rates or brackets.

This Act exempts from State income tax any income received by a full-time hourly wage-paid employee for overtime work performed in excess of 40 hours in a week. This exemption applies for taxable years beginning on January 1, 2026, and ending before January 1, 2028. This Act also requires each employer to provide information to the Division of Revenue about the total amount of overtime provided to full-time hourly wage-paid employees and the number of employees to whom overtime was paid in taxable years beginning January 1, 2025.

This Act increases the refundable earned income tax credit to 20% of the corresponding federal earned income tax credit for tax years beginning on or after January 1, 2025, and clarifies that a previously enacted refundable earned income tax credit of 4 1/2% of the corresponding federal earned income tax credit took effect for tax years beginning on or after January 1, 2021.

This Act amends the Newark Charter by authorizing the City of Newark to levy and collect a per student, per semester tax on Colleges and Universities that host in person classes which are located within the boundaries of the City of Newark. This tax applies to all colleges and universities including any organizations that are considered subdivisions or agencies of the State of Delaware or are otherwise tax exempt, including but not limited to the University of Delaware. The amount of the tax will be adjusted annually in an amount not to exceed the change in the Consumer Price Index for all Urban Consumers (Philadelphia-Camden-Wilmington, not seasonally adjusted). It also limits the available payment methods to restrict the use of credit cards for the payment of the aforementioned tax. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter.

Like under House Bill No. 13 (HB 13) and House Substitute No. 1 for HB 13 (HS 1 for HB 13), this Act adjusts the existing personal income tax brackets and applicable tax rates. Under this Act, for taxable years beginning after December 31, 2025, taxable income between $60,000 and $150,000 will continue to be taxed at a rate of 6.6%, but taxable income above $150,000 will be taxed at higher rates. The result of the changes under this Act will be that those with a taxable income of $188,500 or less will see no increase in personal income taxes, with 94% of Delaware taxpayers receiving an overall tax decrease. Like HS 1 for HB 13, House Substitute No. 2 for HB 13 differs from HB 13 as follows: • Creates additional tax brackets for taxable income not in excess of $60,000. • Decreases the tax rate for all tax brackets for taxable income not in excess of $60,000. • Creates 3 additional tax brackets for taxable income above $60,000 instead of 2. • Names this Act the “The John Kowalko, Jr., Fairness in Taxation Act”. In addition, House Substitute No. 2 for HB 13 differs from HS 1 for HB 13 as follows: • Further decreases the tax rate for all tax brackets for taxable income not in excess of $60,000. • Revises the tax brackets so that tax rates increase for taxable income above $150,000 instead of $125,000. • Adjusts the personal income tax filing threshold to align with the revised tax brackets. • Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.