Del. Code tit. 30 § 5415

Current through 2024 Legislative Session Act Chapter 269

Section 5415 - Distribution of tax receipts

(a) The tax received under this subchapter shall be disbursed by the appropriate county Recorder of Deeds, or by the agent appointed pursuant to § 5406 of this title, as follows:

(1) Seventy-five percent to the Division of Revenue;

(2) Twenty-five percent to the State Treasurer to be deposited in a special fund for distribution to municipalities and counties in accordance with this section.

(b) There is created in the office of the State Treasurer a special fund for the credit and redistribution of the tax receipts disbursed to the State Treasurer pursuant to paragraph (a)(2) of this section; provided, however, that if, in state fiscal year 1988, 25 percent of the realty transfer tax receipts exceeds $8,000,000, then the excess over that amount shall be disbursed by the State Treasurer to the Division of Revenue.

(c) The tax receipts disbursed to the State Treasurer pursuant to paragraph (a)(2) of this section, less any excess amount disbursed by the State Treasurer to the Division of Revenue pursuant to subsection (b) of this section, shall be distributed among the counties and municipalities in accordance with the following pro rata allocations:

Arden	0.0200%
Village of Ardencroft	0.0125%
Town of Ardentown	0.0125%
Town of Bellefonte	0.0400%
Town of Bethany Beach	0.1000%
Town of Bethel	0.0125%
Town of Blades	0.1500%
Town of Bowers Beach	0.0400%
Town of Bridgeville	0.2900%
Town of Camden	0.1900%
Town of Cheswold	0.0125%
Town of Clayton	0.2400%
Town of Dagsboro	0.0700%
City of Delaware City	0.4600%
Town of Delmar	0.2100%
Town of Dewey Beach	0.0400%
City of Dover	5.3700%
Town of Ellendale	0.0300%
Town of Elsmere	0.8500%
Town of Farmington	0.0125%
Town of Felton	0.0900%
Town of Fenwick Island	0.0300%
Town of Frankford	0.1600%
Town of Frederica	0.0700%
Town of Georgetown	0.4400%
Town of Greenwood	0.1300%
City of Harrington	0.0800%
Town of Hartly	0.0125%
Town of Henlopen Acres	0.0400%
Town of Houston	0.0400%
Kent County	7.1200%
Town of Kenton	0.0125%
Town of Laurel	0.8000%
Town of Leipsic	0.0400%
City of Lewes	0.5900%
Town of Little Creek	0.0125%
Town of Magnolia	0.0200%
Town of Middletown	0.2300%
City of Milford	1.3500%
Town of Millsboro	0.3500%
Town of Millville	0.0125%
Town of Milton	0.3400%
New Castle County	44.4800%
City of New Castle	0.6800%
City of Newark	2.4800%
Town of Newport	0.2100%
Town of Ocean View	0.1200%
Town of Odessa	0.0125%
City of Rehoboth Beach	0.4300%
City of Seaford	1.2650%
Town of Selbyville	0.3000%
Town of Slaughter Beach	0.0300%
Town of Smyrna	1.1100%
Town of South Bethany	0.0300%
Sussex County	11.9400%
Town of Townsend	0.0200%
Town of Viola	0.0125%
City of Wilmington	16.5550%
Town of Woodside	0.0125%
Town of Wyoming	0.1800%

Provided, however, regardless of the percentage allocations stated above, that each county and municipality shall receive a minimum payment of $1,000; further provided, that the aggregate difference between the amounts determined by the percentage allocations for those recipients receiving such minimum payments and the total amount of all $1,000 minimum payments shall be deducted pro rata from the payments made to those counties and municipalities receiving more than $1,000, according to their percentage allocations and that such deduction shall be made in the disbursements to occur on or before the final distribution under this section.

(d) Except as provided in subsection (b) of this section, pro rata distributions to the counties and municipalities pursuant to this section shall be made on or before the fifteenth day of the month following the month in which the tax receipts are credited to the special fund established by subsection (b) of this section.

(e) Funds distributed to the counties and municipalities pursuant to this section may be used by the recipients for any object, program, function or purpose for which such recipient, or any officer, department, agency, board or commission thereof, is by law authorized or required to raise, appropriate or expend money; provided, however, that receipt of these funds shall not cause the recipients to be considered agencies, as defined in Chapters 63 and 65 of Title 29.

30 Del. C. § 5415

66 Del. Laws, c. 94, §1.;