DELAWARE 2022 Individual Income Tax Return NON-Resident Revised 04/07/23 FOR THE FASTEST DELAWARE REFUND, SUBMIT YOUR RETURN ELECTRONICALLY Advantages of electronic submission: • If we do not need additional information, you may receive your refund in as little as 5 days. • Direct deposit into checking or savings account, if to a U.S. bank account. • Convenient, fast, easy and electronic receipt verification. For more information regarding electronic and online filing options, visit revenue.delaware.gov. NOTE: The average refund time for paper returns and returns that require supporting documentation is 8 weeks. This booklet contains your 2022 State of Delaware individual income tax forms and instructions. Please note the following: • For details regarding organizations to which you may make a contribution, please see the last page of this booklet. • If you itemize your deductions for Delaware purposes, you are now required to complete and attach the Delaware Schedule A. • The Delaware Division of Revenue accepts online payments for personal income tax (estimated, final, extensions and balances due), gross receipts, withholding and licensing. Revenue accepts American Express, Complete your Discover, MasterCard and VISA for credit payments up to $10,000. We also accept direct debit payments (without dollar limitation) from a checking or savings account. Funds cannot come from an account outside federal tax return the United States. Refund Inquiry: You can check the status of your refund by visiting tax.delaware.gov. Select “Check the Status before preparing of Your Refund.” You will need your SSN and the requested ‘Net Refund’ amount to complete your inquiry. your state return! Reminder: You will receive a 1099G from the State if last year you a) itemized deductions on your federal return and b) received a Delaware refund, requested a carryover, contributed to one of the Special Funds OR had your refund intercepted. Index Who Must File ................................................................................................... 2 Section A - Income and Adjustments from Federal Return ....................... 5 What Form to File ............................................................................................. 2 Section B - Additions ........................................................................................ 6 Who is a Resident............................................................................................. 2 Section C - Subtractions .................................................................................. 6 Minors - Disabled - Deceased Taxpayers ...................................................... 2 Section D - Deductions .................................................................................... 8 Steps for Preparing Your Return .................................................................... 2 Section E - Calculations ................................................................................... 8 What Documents to Attach ............................................................................ 2 Section F - Direct Deposit Information ........................................................10 When to File ...................................................................................................... 3 Direct Deposit or Refund ..............................................................................10 Extension of Time to File a Return ................................................................. 3 Routing Number ............................................................................................ 10 Persons 60 or Over Checklist ........................................................................ 3 Bank Account Number ..................................................................................10 Amended Returns ............................................................................................ 3 Address Change ............................................................................................. 11 Members of Armed Forces ............................................................................. 3 Federal Privacy Act Information ...................................................................11 Military Spouses ............................................................................................... 4 Signature ......................................................................................................... 11 Requirement to File Estimated Taxes ............................................................ 4 Paid Preparer ................................................................................................. 11 When to Make Your Estimated Tax Payment ............................................... 4 Amended Returns .......................................................................................... 11 Estimated Tax Penalty ..................................................................................... 4 Line by Line Instructions: .............................................................................11 Exceptions to the Penalty ............................................................................... 4 PIT-NSA Instructions ...................................................................................... 11 Penalties and Interest ..................................................................................... 4 Medical and Dental Expenses ......................................................................11 Federal Privacy Act Information ..................................................................... 4 State and Local Taxes ....................................................................................11 Rounding Off Dollars ....................................................................................... 4 Interest You Paid ............................................................................................ 12 Detailed Instructions ....................................................................................... 5 Gifts to Charity ............................................................................................... 12 Column A – Federal .......................................................................................... 5 Casualty and Theft Losses ............................................................................12 Column B – Delaware Source Income and/or Loss ..................................... 5 Other Itemized Deductions ..........................................................................12 Determining Delaware Income ...................................................................... 5 Total Itemized Deductions ............................................................................12 Line-by-Line Instructions ................................................................................. 5 Unemployment Tax Special Note: ...............................................................12 PIT-UND Indicator ............................................................................................ 5 SPECIAL FUNDS .............................................................................................. 13 |
Form PIT-NON RESIDENT INDIVIDUAL INCOME TAX RETURN GENERAL INSTRUCTIONS Who Must File Minors - Disabled - Deceased Taxpayers 1. Non-Residents – File a tax return if you have any gross income during If an individual is unable to file a return because he is a minor or is disabled, the tax year from sources in Delaware. If your spouse files a married the return shall be filed by his authorized agent, guardian, fiduciary, filing separate return and you had no Delaware source income, you do or the person charged with the care of the person or property of such NOT need to file a Delaware return. individual. See the federal Form 1040 instructions for those authorized 2. Part-Year Residents – must file a Delaware tax return if: to sign. If an individual is deceased, his final return shall be filed by his • While a resident of Delaware, you had income from any sources, or executor, administrator, or other person responsible for the property of • As a non-resident of Delaware, you had income from a Delaware the decedent. source. Part-Year Residents may elect to file either a resident or non- resident Steps for Preparing Your Return return. You may wish to prepare both a resident and non-resident Step 1 return. File only the return which is more advantageous for you. Complete your federal income tax return and any other state return(s). Part-year residents electing to file a resident return – This option They will be used in preparing your Delaware return. may be advantageous if, during the period of non-residency, you had no income from sources in other states and/or your only income was from Step 2 Delaware. Please refer to the instructions for Form PIT-RES to review this Fill in your name, address and filing status. option. Step 3 Part-year residents electing to file a non-resident return – This option Using the line-by-line instructions, begin by completing all lines relevant to may be advantageous if, during the period of non-residency, you had any your return on the front of the form and complete each section in order. income from other states or sources outside of Delaware. Step 4 NOTE: Volunteer Firefighter, Child Care and Earned Income Tax Credits When you are finished, attach the appropriate documents to your cannot be taken on the non-resident return (Form PIT-NON). Delaware return. See “What Documents to Attach” on this page. NOTE: Individuals who have been residents of Delaware for the entire Step 5 year may not use the non-resident Form PIT-NON. You must file on Form PIT-RES. Sign, date, enter your phone number, and send Form PIT-NON along with all required attachments to the applicable address listed below. If the 3. Erroneous Delaware Withholding – If you did not live or work in the return is prepared by a paid preparer, the paid preparer must also sign State at any time during the taxable year, non-resident employees may the return. file a non-resident return to receive a refund of erroneously withheld Delaware income taxes. You must attach to your Delaware return If Enclosing Payment w/ State of Delaware, certification from your employer that: Balance Due (from Line 59): Division of Revenue, P.O. Box 508, a. You did not work in Delaware during any part of the taxable year; Wilmington, DE 19899-508 b. Your employer erroneously withheld Delaware income taxes, and; If Refund Due (on Line 60): State of Delaware, c. Your employer has not and will not file a Claim for Refund of such Division of Revenue, P.O. Box 8710, erroneous withholdings. Wilmington, DE 19899-8710 What Form to File Zero Due returns or returns State of Delaware, without payment: Division of Revenue, P.O. Box 8711, Wilmington, DE 19899-8711 PIT-RES PIT-NON Full-year residents NOTES: Part-year residents • The return is not complete unless it is signed and dated. Non-residents • If filing a joint return or a married combined separate return, both spouses must sign the return. • In order to aid in timely processing of your return, please include a Who is a Resident telephone number where you can be reached during normal working A resident is an individual who either: hours. • Each preparer is responsible for including all relevant items about • Is domiciled in this State for any part of the taxable year; or which he/she has information. • Maintains a place of abode in this State and spends more than 183 • Separate filers MUST submit their returns in separate envelopes. days of the taxable year in this State. Please DO NOT include duplicate copies of a spouse’s return. A domicile is the place an individual intends to be his permanent home; a place to which he intends to return whenever he may be absent. An What Documents to Attach individual can have only one domicile. A domicile, once established, continues until the individual moves to a new location and exhibits a bona Attach the following documents to your Delaware return: fide intention of making it his or her permanent home. 1. DE Schedule I, III, IV, and V (Form PIT-NNS), if completed. Full-Time Students with a legal residence in another state remain legal 2. W-2 Form(s) issued by your employer and all 1099-R forms to receive residents of that state unless they exhibit intentions to make Delaware credit for Delaware tax withheld. their permanent residence. 3. A copy of page 1 and page 2 of your Federal Form 1040 and supporting 1040 schedules (1,2,3,4, etc.). NOTE: Foreign Travelers* – If you were out of the United States for at least 4. A copy of all federal schedules you are required to file with your federal 495 days in the last 18 consecutive months and (at the same time) you return (for example, Schedule C, D, E, F, etc.). did not maintain a permanent place of abode in this State at which you, 5. Delaware Schedule A (Form PIT-NSA), if itemizing deductions. your spouse, your children, or your parents were present for more than 45 6. A signed copy of other state’s income tax return(s) if you claim a credit days, you are not considered a resident of this State. for taxes paid to another state. Do NOT use the amount from your W-2 *The above NOTE does not apply to members of the Armed Forces, employees of the form(s). United States, its agencies, or instrumentalities. 7. A copy of Form 1100 S, Schedule A1, if you take a credit for taxes paid Page 2 |
by an S corporation. Amended Returns 8. A copy of Form PIT-UND, pages 1 and 2, if you completed Part 3 of the Form PIT-UND or if the calculated estimated tax penalty is greater If any changes made to your federal return affect your state income tax than zero. liability, you are required to report the change to the Delaware Division 9. A copy of Form PIT-CRS, Delaware Income Tax Credit Schedule and of Revenue within ninety (90) days after the final determination of such Form 1801AC and/or Form 2001AC, if applicable. See Page “Form PIT- a change and indicate your agreement with the determination or the CRS Credits” on page 9 for a description of the Form PIT-CRS credits. grounds of your disagreement. 10. A copy of Delaware Schedule W Apportionment Worksheet, if Use Form PIT-NON to change an income tax return you have already filed, applicable. You must include pages 1 and 2. and attach a copy of any federal adjustments. 11. A copy of Form REW-EST, Real Estate Tax Return, if you declared and paid estimated taxes on the sale of real estate owned in Delaware. Members of Armed Forces NOTE: Failure to attach the above required documentation may delay the processing of your return. While you are stationed in Delaware: • Your military pay is subject to Delaware state income tax only if When to File Delaware is your state of legal residence. • Other income earned in Delaware, (that is, income other than military Individual income tax returns are due on or before May 1, 2023, for all salary), is subject to income tax in Delaware AND in your state of legal taxpayers filing on a calendar year basis. All others must file by the last residence, if it is other than Delaware. day of the fourth month following the close of their taxable year. NOTE TO NON-RESIDENT U.S. MILITARY PERSONNEL STATIONED IN DELAWARE: Extension of Time to File a Return If you have other income from Delaware sources and file a Delaware CAUTION: THERE IS NO EXTENSION OF TIME FOR PAYMENT OF TAX Form PIT-NON, you can exclude on Line 16, Column A of the Delaware An extension of time to file your tax return is granted when the Non-Resident Income Tax Return the amount of your military Application for Automatic Extension (Form PIT-EXT) is filed prior to the compensation in accordance with the Service Members Civil Relief Act. due date of your return. Interest accrues on any unpaid tax at a rate of All non-resident military members MUST include all income (even ½% per month, or fraction of a month, from the return’s original due military) in Column A, Line 1 to Line 14, and subtract their military date until paid. income in Column A, Line 16. Column B is reserved for Delaware Source To extend your due date for submitting your completed income tax Income only. Please see the example below and on Page 6 for further return (from May 1, 2023 to October 16, 2023) submit the following to the instructions. Division of Revenue no later than May 1, 2023: You do NOT need to file a Delaware return if: 1. The completed copy of Form PIT-EXT; and a. You are receiving only military active duty income, AND 2. Your payment of any balance of tax liability estimated to be due for b. You are a legal resident of another state. tax year 2022. The application for an automatic extension, Form PIT-EXT, may be filed Members of the Armed Forces on-line at our website at revenue.delaware.gov . If you owe tax with Delaware Filing Required your extension for 2022 and file on-line, you may use a direct debit from Are you a Legal your checking or savings account or pay by credit card. If you are paying Resident of Military Active Other Income Other Income by direct debit you may specify a later payment date, up to the due date. Delaware? Duty Income Earned in DE Earned in Payments by direct debit must not come from an account outside the U.S. Other States and may be made in any amount without dollar limitation. Payments up Yes Yes* Yes* Yes* to $10,000 can be made by credit card. If you choose not to file online, a blank copy of Form PIT-EXT is available from the Division of Revenue or No No Yes* No from our website. *Whether you are stationed in Delaware or not. Blanket requests for extensions will not be granted. YOU MUST submit Your state of legal residence is the same as it was when you entered a separate extension request for each return. the Armed Forces unless you voluntarily changed it while in the Armed Forces. For example, if you were a legal resident of Delaware when you Persons 60 or Over Checklist entered the Armed Forces, you remain a legal resident of Delaware for Delaware state income tax purposes unless you voluntarily abandoned your Delaware residency and established a new legal domicile in another If you were 60 years of age or older on 12/31, please review the state. following items before filing your return: You are entitled to an additional personal Line 43a, If you change your legal residence, you are a part-year resident of both credit of $110. Page 9 states in the year you change. A change in legal residence is documented by filing DD Form 2058 and DD Form 2058-1 with your military personnel You may be eligible for the pension Line 23, office. exclusion. Page 6 The following examples illustrate this: Social Security and Railroad retirement Line 26a, 1. Airman John Green, who is a legal resident of Delaware (domiciled benefits are excluded from Delaware Page 7 in Delaware), was ordered to duty in, and moved his family to, New taxable income. Jersey. The family has no income other than Green’s military pay. You may be eligible for an exclusion if your Line 29, Airman Green will file a federal and Delaware Resident tax return only. earned income was less than $2,500. Page 7 A New Jersey state tax return is not required. If you were 65 years of age or older on Line 39, 2. Sergeant Paul Smith, whose domicile is Ohio, to which he is liable for income taxes, has been on active duty in Delaware for 12 months. 12/31, you are eligible for an additional Page 8 Sergeant Smith is single and has non-military income from Delaware. standard deduction of $2,500, if you did not Sergeant Smith will file as a non-resident of Delaware (using Form itemize. PIT-NON), reporting all his income in Column A. He will also deduct his military compensation from his Delaware Non-Resident Return as a federal adjustment to gross income (Column A, Line 16). Sergeant Smith will report his non-military income from Delaware in Column B. He should contact Ohio for his filing requirements for Ohio. Page 3 |
Military Spouses When to Make Your Estimated Tax Payment All income of a non-military spouse is taxed in the state of their legal For estimated tax purposes, the year is divided into four payment periods. residence. Each period has a specific payment due date: 1. Airman Dan Brown and his spouse are legal residents of Delaware (domiciled in Delaware). Airman Brown was ordered to duty in, and For the Period: The payment due date is: moved with his spouse to, New Jersey. Besides Airman Brown’s military 1/1/23 through 3/31/23 May 1, 2023 pay, his spouse has New Jersey source wages. Airman Brown and 4/1/23 through 5/31/23 June 15, 2023 his spouse will file both a federal and Delaware Resident tax return reporting both military and nonmilitary income. A New Jersey state tax 6/1/23 through 8/31/23 September 15, 2023 return is not required. 9/1/23 through 12/31/23 January 16, 2024 2. Sergeant Michael Jones, whose domicile is not Delaware, has been on active duty in Delaware for 12 months. Sergeant Jones is married and For more information concerning estimated taxes or payment voucher his spouse has non-military income from Delaware. If Sergeant Jones’ and worksheet, visit de.gov/estimated, or call (302) 577-8200. spouse maintains a legal residence in a state other than Delaware, a Delaware state tax return will not be required. Sergeant Jones and Estimated Tax Penalty his spouse should contact their state of legal residence for their filing requirements. You may owe this penalty if the amount you owe (Line 54) is more than A military spouse claiming an exemption from Delaware’s income Tax 10% of the tax shown on your return (Line 47, Balance). withholding requirements must complete an Annual Withholding Tax Exemption Certification Form, Form W-4DE, and provide it to their Exceptions to the Penalty employer. This form is also available on our website at revenue.delaware. gov . A military spouse claiming an exemption must meet the conditions You will not owe the penalty if your 2022 tax return was for a period of 12 set forth under the Service Members Civil Relief Act, as amended by the full months AND EITHER of the following applies: Military Spouses Residency Relief Act. 1. You had no tax liability for 2021, or 2. The total of Line 46 (Total Non-Refundable Credits) and Line 53 (Total Requirement to File Estimated Taxes Refundable Credits) on your 2022 return equals at least 100% of the tax liability shown on your 2021 return and estimated tax payments Every person who is either a resident of Delaware or has income from for 2022 were made on time. Use 110% of your 2021 tax liability if Delaware sources may be required to file quarterly Declarations of your 2021 Delaware adjusted gross income exceeded $150,000, or if Estimated Tax (Form PIT-EST) with the Delaware Division of Revenue, if you are filing status 3 and your 2021 Delaware adjusted gross income the Delaware tax liability less payments and credits can reasonably exceeded $75,000. be expected to exceed $800. (See worksheet below). 3. For Special Rules regarding Farmers and Fishermen and for waivers of You may be required to make estimated payments, if you receive a lump the penalty please see the separate Instructions for Form PIT-EST and/ sum distribution or a large bonus at the end of the year. or Form PIT-UND. Also, you may be required to make estimated payments if while you are a Penalties and Interest Delaware resident: 1. Interest – Underpayment or late payment • Your employer does not withhold Delaware tax; or The Delaware Code provides that interest on any underpayment or • You work in another state whose tax withholding rate is lower than late payment of income taxes due shall accrue at the rate of ½% per that of Delaware. month, from the date prescribed for payments to the date paid. If you did not file estimated taxes for 2022 and need estimated tax 2. Penalty – Late-filing of balance due return coupons, you may find them on our website at de.gov/estimated, call The law imposes substantial penalties for failure to file a timely the forms voice mailbox at (302) 577-8588 to order them, or call toll free return. Late-filed returns with a balance due are subject to a penalty 1-800-292-7826 (Delaware only). of 5% per month of the balance due. 3. Penalty – Negligence/fraud/substantial understatement Estimated tax payments may be made online at revenue.delaware.gov The law also provides severe penalties for filing a false or fraudulent by direct debit from your checking or savings account or by credit card. return, or for a false certification. The mere fact that the figures you If you are paying by direct debit you may specify a later payment date, up report on your Delaware return are taken from your Federal return to the due date. Payments up to $10,000 can be made by credit card. If you will not relieve you from the imposition of penalties for negligence or want to pay by check, you must use the paper Form PIT-EST available on for filing a false or fraudulent return. our tax portal at tax.delaware.gov . To estimate your tax liability prior 4. Penalty – Failure to pay to receiving the booklet, complete a 2022 return using estimated income The law provides a penalty of 1% per month (not to exceed 25%) of and deduction amounts for 2023. the net tax liabilities for failure to pay the tax liability due on a timely filed or late-filed return. This penalty is in addition to the interest Who Must File Estimated Taxes for 2023 charged for late payment. To determine if you must pay estimated income tax payments 5. Penalty – Failure to File/Pay Estimated Taxes complete the following: The law provides a penalty of 1½% per month of the computed tax payment for failure to file/pay estimated taxes due. This penalty is in 1. Enter the amount of your total estimated tax 1 addition to those penalties and interest listed above. The penalty is liability for 2023 (See the tax table or tax rate also assessed if an estimated payment is filed late. schedule). Federal Privacy Act Information 2. Enter the amount of your estimated Delaware 2 withholding taxes and other credits for 2023. Taxpayer IDs must be included on your income tax return. The mandatory disclosure of your Taxpayer ID is authorized by Section 306, Title 30 of 3. Enter the balance due (Line 1 minus Line 2). 3 the Delaware Code. Such numbers are used primarily to administer and 4. You DO NOT have to file estimated taxes if: enforce all tax laws, both civil and criminal, for which the Division of • Line 3 is less than $800, or Revenue has statutory responsibility. • Line 2 is at least 90% of Line 1, or • Line 2 is at least equal to 100% of your total tax liability Rounding Off Dollars for 2022 If your 2022 Delaware AGI exceeded $150,000, or if you are filing status 3 and your 2022 Delaware AGI Dollar amounts on your return must be rounded off to the nearest whole exceeded $75,000, line 2 must at least equal 110% of your dollar. This means that amounts from 50 to 99 cents are increased to the 2022 tax liability. next dollar. For example, $1.50 becomes $2.00 and $1.49 becomes $1.00. Page 4 |
PIT-NON Line 5 Alimony Received Detailed Instructions Alimony received is taxable to Delaware only for the period in which you were Delaware resident. Enter this amount in Column B. Column A – Federal This column should reflect the entries you have made on the appropriate Line 6 Business Income or (Loss) lines of your federal return as if you were a full-year resident of Delaware. Enter in Column B the income or loss incurred from businesses located List all items of income, adjustment, and modification regardless of the within Delaware and the business income or loss for the period you state from which the items were derived. If Filing Status 3, use only your were a resident of Delaware. Business income or loss, regardless of income. source, earned while a resident of Delaware must also be included in Column A, Line 1 through Line 17, must match each line of Federal Form Column B. 1040 and 1040 schedules for all filing statuses except Filing Status 3. NOTE: Line 6 - Business Income (or Loss) Exception: Non-resident U.S. military personnel who exclude military compensation in Column A, Line 16. If you have business income or loss from sources within Delaware and at least one other state, you must either (1) attribute all positive income to Delaware; or (2) determine Delaware source income or loss on Form PIT- Column B – Delaware Source Income and/or Loss BIN, available from the Division of Revenue or our website. List all amounts of income, gain, loss, or adjustment from Delaware sources. Part-year residents must also include all income from any Line 7a&7b Capital Gains or (Losses)/Other Gains or (Losses) source during the time of Delaware residency. Part-year residents must Gains or losses from the sale of real property (such as land or buildings) first allocate their income by date. Ex: a taxpayer lived in Delaware from located in Delaware must be reported in Column B. Gains or losses from 8/1/22 through 12/31/22. If he sold stock on 4/1/22, when he did not live property other than real property (such as stocks or bonds) sold while a in Delaware, then the gain/loss would not be reported in Column B. If he must also be included in Column B. sold stock on 9/1/22, while he lived in Delaware, then he must report that resident of Delaware gain/loss in Column B. If income was earned evenly throughout the year, then allocate the income based on the percentage of time of residency in Line 8 IRA Distributions Delaware. Example: Interest income for the year was $120. If the taxpayer Enter in Column B, Taxable IRA distributions received while a resident of lived in Delaware from 8/1/22 to 12/31/22 then 5/12 ($120 x 5/12 = $50) of Delaware. the income would be allocated to Column B. Determining Delaware Income Line 9 Taxable Pensions and Annuities Line-by-Line Instructions Enter in Column B, taxable pensions and annuities received while a resident of Delaware. Next, complete the front of the form beginning with Line 1. Instructions below. Rents, Royalties, Partnerships, S Corps, Estates, Trust, Line 10 etc. PIT-UND Indicator Enter in Column B, the income or loss from property located in Delaware Check the “Form PIT-UND Attached” box and attach a copy of Form PIT- and/or from doing business in Delaware. Part-year residents must also UND. include amounts of income or loss incurred while a resident of Delaware. Section A - Income and Adjustments from Line 11 Farm Income or (loss) Federal Return Enter in Column B the income or loss incurred from a farm located within Delaware. Part-year residents must also include amounts of income or Line 1 Wages, Salaries, Tips, etc. loss incurred while a Delaware resident. Enter in Column B wages, salaries, tips or other compensation you received as an employee reported as Delaware income on your W-2. Part-year Line 12 Unemployment Compensation (Insurance) residents should include the total of (a) the amount earned while working Part-year residents report in Column B their portion of unemployment in Delaware and (b) the amount earned while a Delaware resident. If, in compensation received while a resident of Delaware. If you are full- connection with your Delaware employment, you are required to year non-resident, unemployment compensation is only taxed by your render services outside Delaware, such income may be excluded, state of residence, even if the unemployment compensation was received but you must complete Form PIT-SCW and attach it to your return. from the State of Delaware. Copies of this form are available from the Division of Revenue and on our website. Do not submit computer worksheets or handwritten Taxable Social Security Benefits calendars in lieu of Form PIT-SCW. Line 13 Enter in Column B, taxable Social Security benefits received while a NOTE: Working from home does not qualify for an exclusion on Form resident of Delaware. PIT-SCW. See the Form PIT-SCW instructions for further detail. Severance Pay Note: Non-residents receiving severance pay should see Form PIT- SCW – Apportionment worksheet for instructions. Line 14 Other Income Enter in Column B any other income for which there is no line provided on Line 2-3 Interest and Dividend Income the return. Other income includes prizes, awards, gambling winnings, etc. Generally, interest, dividend income and interest from other States’ earned while a resident of Delaware or from sources within Delaware. obligations are taxable by Delaware only for that period in which you were a resident of Delaware. Interest connected with a trade or business Line 16 Adjustments to Income located in Delaware should be included in Column B regardless of state In Column A, enter the total amount of the adjustment for your Federal of residency. Form 1040. State Refunds, Credits or Offsets Of State And Local In Column B, enter the amount of federal adjustments allowable as Line 4 Income Taxes Delaware source adjustments, which MUST be related to Delaware source income. Enter the amount of your Delaware taxable refund in Column B. Non-Resident U.S. Military Personnel Stationed in Delaware Page 5 |
In accordance with the Service Members Civil Relief Act, the amount Section C - Subtractions of military compensation earned by non-resident service members, regardless of filing status, should be included on Line 16 of their Line 22 U.S. Obligations Delaware Non-Resident Income Tax Return as a subtraction from federal adjusted gross income. (Column A only.) DO NOT include your All interest received on obligations of the United States and included on military compensation on Line 16, Column B. your federal tax return is exempt from Delaware tax and should be entered on Line 22. Failure to identify the payer on Federal Schedule B will result EXCEPTION in the disallowance of the deduction. All interest received on obligations for which the United States is NOT the primary obligor or which are NOT Alimony Payments – Delaware Source Share of Federal Adjustments guaranteed by the full faith and credit of the United States is not exempt The portion of federal adjustment for payment of alimony is limited by the from tax and may not be entered on Line 22 (Examples are shown in the proration of Total Delaware Source Income to Total Federal Income. To Line 22 table below). determine the proration decimal of your Delaware source income to your federal income, divide the amount from Line 15, Column B by the amount LINE 22 EXAMPLES. INTEREST RECEIVED ON U.S. OBLIGATIONS from Line 15, Column A. Carry out the computation to four decimal places, Examples of Examples of rounding off to the fourth position. Then, enter the amount of Total federal INTEREST THAT IS EXEMPT INTEREST THAT IS NOT Adjustments for alimony and multiply by the proration decimal. EXEMPT Line 15, Col. 2 = U.S. Treasury Bill, Bonds (Series E, F, G, Federal National Mortgage = H), Certificates, Notes Association (Fannie Mae) Line 15, Col. 1 = . Export Import Bank Federal Home Loan Mortgage The proration decimal may not exceed 1.0000 or be less than zero. Corp. Federal Deposit Insurance Corp. Government National x . = Federal Farm Credit Bank Mortgage Association (Ginnie Mae) Total Federal Proration Decimal Delaware Source Adjustment for Alimony Adjustment Federal Intermediate Credit Banks International Bank of Recon- Federal Land Banks struction and Development The result is the amount of allowable Delaware source adjustment for alimony. Add this amount to the total of any other Delaware sourced Tennessee Valley Authority adjustments (other than alimony) taken on your federal return and enter Mutual Fund Dividends (Dollar amount Student Loan Marketing the total on Line 16, Column B. or percentage directly attributed to a Association U.S. obligation, provided the Mutual (Sallie Maes) Line 17 Subtract Line 16 from Line 15 Fund reports that amount to you.) NOTE: The ratio used in reporting income on Lines 1 through 14 is used in determining the ratio of modifications for Lines 18 through 26. For Line 23 Pension Exclusion example, a full-year non- resident would enter interest income on Line 2, Column A as shown on the federal return, but no interest income Amounts received as pensions from employers (including pension of a would be included as Delaware source income (Column B). If a portion deceased taxpayer) may qualify for an exclusion from Delaware taxable of this interest income is from US Obligations, that portion would be income, subject to the limitations described below. entered on Line 22, Column A only. Eligible Retirement Income Delaware tax law authorizes an exclusion Since no interest income was reported on Line 2, Column B as Delaware of up to $12,500 from pension and eligible retirement income for each source income, no portion of the deduction would be considered individual age 60 or older. from Delaware sources and, therefore, cannot be included on Line 22, An early distribution from an IRA or pension fund due to emergency Column B. reasons or due to separation from employment does not qualify for Section B - Additions the pension exclusion. If the Distribution Code(s) listed in Box 7 of your 1099-R(s) is a 1 (one), then that amount DOES NOT qualify for Interest on State and Local Obligations other than the pension exclusion. Also, if you were assessed an early withdrawal Line 18 Delaware penalty on Line 8 of the Federal 1040, Schedule 2, then that amount DOES NOT qualify for the pension exclusion. Interest you received from any obligations of States other than Delaware or their political subdivisions, while you were a resident of Delaware is NOTE: Each taxpayer may receive ONLY ONE exclusion, taxable and must be added on Line 18. Examples of interest that is taxable: even if he or she is receiving more than one pension or • Interest received on Pennsylvania Turnpike Bonds. other retirement distribution. A husband and wife who each • Mutual fund dividends not included in Line 15 that are attributable receive pensions are entitled to one exclusion each. to interest on state or local obligations (minus those attributable to the State of Delaware and its authorities and political subdivisions- IF YOU WERE UNDER 60 on December 31, 2022, and retired from the provided the mutual fund reports that amount to you in writing). United States military and received pension income during the year, your exclusion equals $12,500 or the amount of your pension, whichever is less. Line 19 Fiduciary Adjustments, Oil Percentage Depletion IF YOU WERE UNDER 60 on December 31, 2022, and you receive non- Fiduciary Adjustments military pension, your exclusion equals $2,000 or the amount of your Net additions from fiduciary adjustments arising out of income received pension, whichever is less. from an estate or trust as shown on Federal Form K-1, Beneficiary’s Share of Federal Income and Deductions, should be included on Line 19. Oil Percentage Depletion The law provides for the disallowance of any percentage depletion deduction allowable under federal law, to the extent it is in excess of cost depletion. Add the excess to the amount of fiduciary adjustments and enter the total on Line 19. Page 6 |
IF YOU WERE 60 OR OVER on December 31, 2022, your exclusion is Work Opportunity Credit determined as follows: The law allows a deduction for the portion of wages paid but disallowed as a deduction for federal tax purposes by reason of claiming the work 1. Amount of pension ........................................... $ opportunity tax credit on the federal return. 2. Amount of “eligible retirement income” $ That portion of the deduction for wages, which is disallowed for federal (See definition below) .............................................. purposes, should be entered on Line 25. In order to claim this modification, 3. Total (add lines 1 and 2) ................................... $ you must attach Federal Form 5884. 4. Enter Line 3 or $12,500, whichever is less $ here and on Line 23 .......................................... Delaware Net Operating Loss Carryovers Eligible retirement income includes dividends, capital gains net of capital losses, interest, net rental income from real property and Taxpayers who were prevented in previous years from carrying back qualified retirement plans (IRC Sec. 4974), such as IRA, 401(k), Keogh federal net operating losses to their Delaware returns (because of plans, and government deferred compensation plans (IRC Sec. 457). Delaware’s $30,000 limit on net operating loss carrybacks) are permitted to carry these additional losses forward on their Delaware return in years Disability pension income paid by your employer is reported as wages following the loss year. on the federal return until you reach the minimum retirement age. Minimum retirement age is generally the age at which you can first receive a pension or annuity if you are not disabled. Therefore, disability pension income does not qualify for the pension exclusion. Line 26a Social Security/Railroad Retirement Benefits Social Security and Railroad Retirement benefits are not taxable Pension Exclusion Example: The primary taxpayer received $10,000 in Delaware and therefore should not be included in Delaware taxable in pension income. The secondary taxpayer received no pension income. income. Enter on Line 26a the total amount from Line 13 plus any Railroad The taxpayers had joint bank accounts and mutual fund accounts. They Retirement payments included on Line 9. earned $5,000 in interest from the bank, $1,000 in dividends and $3,000 in capital gains. Income from the joint accounts would be split equally Higher Education between the two taxpayers. Both taxpayers are over 60 years old. The Distributions received from qualified retirement plans (IRC Sec. 4974, primary taxpayer’s exclusion is $12,500 (10,000 + 2,500 + 500 + 1,500 = including IRAs), deferred arrangements (such as 401(k) plans) and $14,500). The maximum exclusion for the primary taxpayer is $12,500. The government deferred compensation plans (IRC Sec. 457) may be excluded secondary taxpayer cannot include in the pension exclusion calculation the from Delaware adjusted gross income to the extent they are used in the amount by which the primary taxpayer exceeded the $12,500 maximum same tax year to pay for books, tuition or fees at an institution of higher exclusion. The pension exclusion for the secondary taxpayer is $4,500 education attended by the taxpayer or by his or her dependents who (2,500 + 500+ 1,500). If filing a joint return, the combined exclusion for the have NOT attained the age of 26 by December 31, 2022, as long as such primary and secondary taxpayer is $17,000. amounts have been included in federal adjusted gross income. Please If you are allowed a pension exclusion for Delaware purposes, please include a copy of all 1098T forms and proof of payment(s) with your return enter the full amount in the Federal column. Enter in the Delaware to support your deduction. column the ratio of pension and eligible retirement income reported 529 Contribution to Delaware-sponsored in Column B, divided by the pension and eligible retirement income Line 26b tuition Program or ABLE Program reported in Column A. Multiply this ratio by the pension exclusion amount to determine the allowable exclusion. Enter this amount on 529 Contribution to Delaware-sponsored tuition Program Line 23, Column B. Contributions made to a Delaware-sponsored tuition program may be excluded from Delaware adjusted gross income up to a maximum. For a EXAMPLE: ELIGIBLE RETIREMENT INCOME single, married filing separately, or head of household filer whose federal adjusted gross income is less than $100,000 the maximum exclusion is Federal DE Sourced Income $1,000. For married filing joint filers whose federal adjusted gross income Interest 1,000 0 is less than $200,000 the maximum exclusion is $2,000. Contributions to an account in a Delaware-sponsored tuition program for expenses used Dividends 1,500 0 for tuition in connection with enrollment or attendance at an elementary Capital Gain 100,000 100,000 or secondary public, private, or religious school are not deductible. Pension 50,000 0 ABLE Program Contributions Pension & Eligible 152,500 100,000 Contributions made to a qualified ABLE program (IRC Sec. 529A(b)) up to a Retirement Income maximum of $5,000 for individual filers and $10,000 for joint filers may be excluded from Delaware adjusted gross income. DE Pension Exclusion = (100,000/152,500) x 12,500 = Line 29 Persons 60 or Over or Disabled .6557 x 12,500 = $8,196 The law provides for exclusions from gross income to persons who meet Column A Pension Exclusion = $12,500. Column B Pension Exclusion = $8,196. certain qualifications. Please refer to the Line 29 worksheet to determine if you qualify. Please remember to enclose the 1099-R forms and other supporting schedules to support your pension exclusion. Line 24 Delaware State Tax Refund Delaware state tax refunds should be excluded in Columns A and B; to the extent they are included on Line 4, Columns A and B. Line 25 Fiduciary Adjustment Net subtractions from fiduciary adjustments derived from income received from an estate or trust, as shown on your Federal Form K-1, Beneficiary’s Share of Income and Deductions, should be included on Line 25. Page 7 |
LINE 29 WORKSHEET, PERSONS 60 OR OVER OR DISABLED Line 35 Form PIT-CRS Tax Credits Single, married filing Y N Married filing joint returns. Y N Enter the amount of the charitable contribution claimed in your Delaware separate returns. itemized deductions for permanent gifts of land, or interest in land, to Were you at least 60 Were both spouses at least public agencies and qualified private non-profit charitable organizations years old or totally and 60 years old or totally and and any investment in Neighborhood Assistance for which you claimed a permanently disabled on permanently disabled on tax credit from Form PIT-CRS on Line 45 of your Delaware Return. Form 12/31/2022? 12/31/2022? 2001AC and/or Form 1801AC and the Division of Revenue approval Did your earned income Is combined earned income letter must be attached to your return. (i.e., wages, tips, farm, or (i.e., wages, tips, farm or business income) total less business income) less than than $2,500? $5,000? Line 36 Total Itemized Deductions Is Line 28 $10,000 or less? Is Line 28 $20,000 or less? Subtract Line 35 from Line 34. Enter the results here and on Line 38 of your Delaware return. Make sure you have checked the box “b” on Line 38 If you answered YES to all, If you answered YES to all, to indicate that you are electing to itemize your deductions. Form PIT-NSA enter $2,000 on Line 29. enter $4,000 on Line 29. is required to be attached to your return. Always compare the results of Line 38 to the standard deduction; you may NOTE: If you are filing a joint return and only one spouse benefit from using the standard deduction and from allowable additional qualifies for this exclusion, you should consider filing standard deductions. separate returns (Filing Status 3). Section E - Calculations Line 30a Column B Line 38a Standard Deduction Subtract Line 29, Column B from Line 28, Column B. Enter the total on Line Standard Deduction 30A, Column B and on Line 42, Box A on the front of your return. This is The law allows you to take a standard deduction in lieu of itemizing your your Modified Delaware Source Income. deductions. If you elect to take the Delaware STANDARD DEDUCTION, be sure to check the box on Line 38 and enter the appropriate amount as Line 30b Column A listed below: Subtract Line 29, Column A from Line 28, Column A. Enter the total on Line 30B, Column A. Enter this total on Line 37 and Line 42, Box B of your Delaware Filing Status Standard Deduction return. This is your Delaware Adjusted Gross Income. 1 $3,250 Section D - Deductions 2 $6,500 If you elect to itemize deductions, complete Section D, Lines 31- 36, to 3 $3,250 determine the amount of itemized deductions which you may claim on your Delaware return; otherwise, you may skip this section. All federal 5 $3,250 limitations apply to Delaware itemized deductions. NOTE: If one spouse elects the standard deduction, the other spouse must also take the standard deduction. NOTE: If you claimed a standard deduction on your federal return, you may still elect to itemize your deductions on the Itemized Deductions Delaware return. In this case, complete and attach Form Line 38b PIT-NSA. If you elect to itemize deductions: a. Check box “b” on Line 38b. NOTE: Do not enter motor vehicle title, realty transfer tax, or transfer fees as other taxes. They do not qualify. b. Complete Section D, Lines 31 through 36 of your Form PIT-NON. c. Enter the amount from Line 36 on Line 38. Line 31 Itemized Deductions from Delaware Form PIT-NSA d. Attach a copy of Form PIT-NSA. Enter on Line 31 the total amount of itemized deductions as shown on NOTE: If you claimed a standard deduction on your federal Line 17, Delaware Form PIT-NSA. return, you may still elect to itemize your deductions on the If you are unable to specifically allocate deductions between spouses, Delaware return. In this case, complete and attach Form prorate the deductions based on a ratio of your separate incomes to total PIT-NSA. joint income. For example, if one spouse earns 60% of the household income and the other earns 40%, designate 60% of the deductions to the Line 39 Additional Standard Deduction spouse earning 60% of the household income and 40% of the deductions to the spouse earning 40% of the household income. Enter the deduction The additional standard deduction is allowable only for those persons 65 on line 31 of your respective Form PIT-NON. or over and/or blind electing to use the Delaware standard deduction on Line 38. Line 32 Foreign Tax Paid NOTE: If you elect to itemize your deductions, you do not qualify for the additional standard deduction even though you may be 65 years of age If you elected the Foreign Tax Credit on your federal return, your federal or older and/or blind. If you itemize deductions, do not check the “65 or itemized deductions, allowed as Delaware itemized deductions, will be over” box. increased by the amount of foreign taxes actually paid. Foreign taxes accrued, but not paid, are not allowed as an addition on Line 32. On Line If you qualify for the additional standard deduction: 32, enter the amount of foreign taxes paid included on Line 8 of Federal 1. Be sure you checked the box on Line 38a to indicate you are using the Form 1116. standard deduction. 2. Check the appropriate box(es) relating to age and/or blindness on Line Line 33 Charitable Mileage Deduction 39. If you used your automobile to perform a voluntary service for a charitable 3. Multiply the number of boxes checked on Line 39 by $2,500 and organization, you may increase your itemized deductions as follows: determine the total (a maximum of $5,000 per individual). Miles driven 1/1/22 - 12/31/22: x .26 = $ Page 8 |
Any credit claimed for taxes paid to another state is limited to the smaller Line 42 Proration Decimal of the following: Enter the amount from Line 30a in Box A on Line 42. Enter the amount a. The Delaware tax liability. from Line 30b in Box B on Line 42. b. The amount computed by multiplying the Delaware tax by a Example: fraction, the numerator of which is your adjusted gross income derived from sources in the other state, and the denominator of A = Line 30a = 5,000 00 which is your Delaware Adjusted Gross Income (Line 37). B = Line 30b = 12,000 00 c. The tax liability due and paid, after the application of all credits (example: forgiveness tax credit, earned income credit, poverty To determine the proration decimal, divide the amount from Line 30a by level credit), to the other states (not including amounts paid to local the amount from Line 30b. Carry out the computation to four decimal jurisdictions). places, rounding off the fourth position. The amount computed by multiplying the tax liability due and paid to the other states by a fraction, the numerator of which is the income from the A - 5,000.00 other state while a Delaware resident, and the denominator of which is = 0.4167 B - 12,000.00 the total income from the other state. The amount due and paid is not the amount on your W-2. The 0.41666 rounded off equals 0.4167. The proration decimal may not exceed 1.0000 or be less than zero. If the income reported on your other state return is not included in Delaware source income, then the other state tax credit cannot be If Line 41 (taxable income) is less than $60,000, use the tax table to taken in Delaware for that income. compute your tax. If Line 41 is $60,000 or greater, use the tax rate schedule at the end of the tax table to compute your tax. Enter the amount of tax in NOTE: Taxes paid to the political subdivision of a state the box provided on Line 42 and multiply this amount by your proration cannot be claimed as credit. The District of Columbia, decimal. Enter the result on Line 42. This is your prorated tax liability. however, is classified as a “State” for the purposes of this credit and, therefore, can be claimed as credit on Line 44. Line 43a Personal Credits If you claim the tax credit, you must attach to your return a signed Enter the total number of dependents listed on your federal return and copy of the income tax return filed with the other state(s). In multiply by $110. If you were not required to file a federal return, enter addition, your Delaware return information will be shared with the $110 for each spouse reporting income on this form plus $110 for each other state(s) that you claimed the credit for. person who could have been listed as a dependent had you been required LINE 44 WORKSHEET to file a federal return. You are still eligible for this credit even though you CREDIT FOR TAXES PAID TO ANOTHER STATE do not recognize personal exemptions on your federal return. 1. Enter adjusted gross income from the other state. 1 NOTE: You are not entitled to a Delaware Personal Credit if you are listed 2. Enter Delaware adjusted gross income (Line 37 of the 2 as a dependent on another individual’s Federal return. Enter “0” in the return). space provided on Line 43a. 3. Enter the income from the other state while a 3 If you filed a federal return as a married couple filing jointly, have no Delaware resident (include federal modifications). dependents, and are filing this return jointly (Filing Status 2), enter $220. If 4. Enter the total income from the other state. 4 you filed the federal return jointly and are filing this return separately (Filing Status 3), enter $110 on each spouse’s return. Please ensure that 5. Enter the Delaware tax liability (Line 42). 5 the number of personal credits claimed on your Delaware return(s) does 6. Enter the tax liability for the other state (net of credits). 6 not exceed the Federal number of dependents. This data will be verified (Exclude city wage tax or county taxes). with the IRS. 7. Divide Line 1 of the worksheet by Line 2. 7 Multiply the total personal credit by your proration decimal from 8. Multiply Line 7 by Line 5. 8 Line 42 and enter the result on Line 43a. 9. Divide Line 3 by Line 4. 9 10. Multiply Line 9 by Line 6. 10 Line 43b Additional Personal Credits 11. Enter the lesser of Lines 5, 8, and 10 here and on Line 11 Check the appropriate box(es) on Line 43b if you and/or your spouse were 44 of the return. 60 years of age or over as of December 31, 2022. Multiply the number of checked boxes by $110. Multiply this amount by your proration decimal Line 45 Other Non-Refundable Credits on Line 42. Enter the result on Line 43b. Enter on Line 45 the total of the following credit(s) to which you are entitled: Line 44 Other State Tax Credit (Part-year Residents Only) Form PIT-CRS Credits Part-year residents who paid income tax to another state on income which Taxpayers claiming any of the following credits must complete and attach was earned in the other state while a resident of Delaware, and which is Form PIT-CRS to their return (Form PIT-CRS is available from the Delaware also included in the Delaware modified source income, may be allowed Division of Revenue or revenue.delaware.gov). to claim a tax credit against their Delaware tax liability. Do not include city wage taxes or county taxes paid directly to the county. Economic Development Credits are available to certain businesses engaged in a qualified business activity who meet the minimum capital If you are claiming a credit for taxes paid to more than one state, you must investment and new hiring requirements. Only those taxpayers approved complete DE Schedule I (Form PIT-NNS) and attach it to your Non-Resident by the Division of Revenue may claim these credits. return. Example: You claim a credit for taxes paid to Pennsylvania AND New Jersey on your Delaware return. On Form PIT-NNS Schedule I, Green Industry Credits are available for reducing waste release, use of enter the names of the other states and the amount of the credit recycled materials, processing of waste materials and collection and claimed in HIGHEST to LOWEST credit amount order. distribution of recycled materials. Only those taxpayers whose eligibility is certified by the Delaware Department of Natural Resources and Environmental Control and the Delaware Division of Small Business, Development and Tourism may claim these credits. Page 9 |
Brownfield Tax Credits are available for promoting the rehabilitation of NOTE: An amount entered on Line 57 will reduce the amount to be contaminated industrial and commercial sites. Only those taxpayers refunded to you. whose eligibility is certified by the Delaware Department of Natural Resources and Environmental Control may claim these credits. Line 58 Penalties and Interest Due Research and Development Tax Credit. A business or individual may take You may choose to compute the amount of penalties and interest due an income tax credit on Delaware qualified research and development or you may leave Line 58 blank and the Division of Revenue will calculate expenses. A Division of Revenue approval letter must be attached to your the amount for you and send you a bill. Penalties may be assessed for Delaware return. filing a balance due return late, failure to pay the tax liability due, fraud, Land and Historic Resource Tax Credit. A business or individual may take negligence, and failure to pay estimated taxes (see Page 4 for a an income tax credit for permanent gifts of land or interest in land to description of the penalties and interest). public agencies and qualified private non-profit charitable organizations. If you used Form PIT-UND to calculate the underpayment of estimated A Division of Revenue approval letter must be attached to your Delaware taxes and an estimated penalty is due OR if you completed Part 3, check Return. the “Form PIT-UND Attached” box at the top of your return and submit Historic Preservation Tax Credits. are available to resident curators and Form PIT-UND with your return. If you check the box and do not include to those persons who work to promote community revitalization and Form PIT-UND, you will delay processing of your return. An attached restoration, and the rehabilitation of historic properties. Only those Form PIT-UND is not processed automatically unless this box is checked. taxpayers whose eligibility is certified by the Delaware State Historic Preservation Office may claim these credits. Line 59 Net Balance Due Neighborhood Assistance Tax Credit. Certain taxpayers are eligible for Enter the net balance due (Line 54 plus Lines 56 and 58) and pay in full. an income tax credit for contributing to a neighborhood organization, Make checks payable to: Delaware Division of Revenue. community development corporation, or community based development organization; or for providing neighborhood assistance, job training, or Line 60 Net Refund education to an impoverished area or for low and moderate-income families. Only those taxpayers whose eligibility is certified by the Delaware Enter the amount of the net refund (Lines 55 less amounts on Line 56 State Housing Authority may claim these credits. and/or Line 57 and/or Line 58) to be refunded to you. If you do not have a balance due or a refund due, enter “0” (zero) on Line 60. Automatic External Defibrillators Tax Credit. Any business that places an automatic external defibrillator in service at a business location in the Section F - Direct Deposit Information State is entitled to a credit equal to $100 per unit. Direct Deposit or Refund Line 50 S Corporation Payments Complete Section F if you want us to directly deposit the amount shown Enter on Line 50; the Delaware estimated tax payment made on your on Line 60, Form PIT-NON into your bank account. Refunds may not be behalf by an S Corporation. Attach a copy of the Delaware Form direct deposited to a bank account outside the U.S. 1100 S, Schedule A1 reflecting such payment. Why Use Direct Deposit? Line 51 Refundable Business Credits • You get your refund fast – even faster if you file online. • Payment is more secure – there is no check to get lost. Business Finder’s Fee Tax Credit. This credit is available to encourage • More convenient. No trip to the bank to deposit your check. Delaware businesses to bring non-Delaware businesses into the state. Only those taxpayers whose eligibility is certified by the Delaware Check with your financial institution to make sure your deposit will be Division of Small Business, Development and Tourism may claim this accepted and to get the correct routing and account numbers. credit. Routing Number New Economy Jobs Program Credit. A credit available to qualified employers pursuant to the New Economy Jobs Program whose purpose The routing number must be nine digits. The first two digits must be 01 is to encourage the creation of high wage, knowledge-based jobs in this through 12 or 21 through 32. Otherwise, the direct deposit will be rejected state. To apply for certification as a qualified employer, submit Form and a check will be issued instead. On the sample check, the routing 2080DE, available from the Division of Revenue and at revenue.delaware. number is 031100000. gov) with the Secretary of Finance with a copy to the Director of the Your check may state that it is payable through a bank different from the Delaware Division of Small Business, Development and Tourism. financial institution at which you have your checking account. If so, do not use the routing number on that check. Instead, contact your financial Line 52 Real Estate Capital Gains Tax Payments Credit institution for the correct routing number to enter on this line. Enter on Line 52 the total of all estimated income tax payments made Bank Account Number at the time of sale of Delaware real estate. If you file separate returns, you must claim the real estate capital gains payment on the return of the The account number can be up to 17 characters (both numbers and person under whose Taxpayer ID the payments were made. letters). Include hyphens but omit spaces and special symbols. Enter the number from left to right and leave any unused boxes blank. On the NOTE: Please submit copies of all Forms REW-EST. sample check, the account number is 12340818. Be sure not to include the check number. Line 56 Contribution to Special Funds In order to comply with new federal banking rules, you must declare If you and/or your spouse wish to contribute to any or all of the funds whether your refund will go to a bank account outside the United States. If listed on Page 13, you must complete DE Schedule III (Form PIT-NNS). Enter the answer is yes, do not enter your account information. We will instead the amount of your donation on the line provided next to the designated mail your refund by check. fund(s) of your choice. Enter the total amount donated on Line 56. The minimum amount for a donation is $1. If you are not due a refund and you wish to contribute, you may do so. Include the total amount of your donation with the balance due. Line 57 Carryover to 2023 Estimated Tax Account If you wish to apply a portion of your overpayment to your 2023 Estimated Tax Account, enter on Line 57 the portion of your overpayment (Line 55) to be applied. Page 10 |
Line 65 - Estimated Tax Carryover and/or Special Funds Contributions Enter the total amount, if any applied to your estimated tax account and/ Sample Check or contributed to the Special Funds on your original return and/or any previous amended return(s). Line 69 - Amount of Line 68 to be Applied to Your Estimated Tax Account Do NOT claim a carryover if the carryover year’s return has already been processed. Your overpayment will be refunded to you. Line 70 - Penalties and Interest Due You may choose to compute the amount of penalties and interest due or you may leave Line 70 blank and the Division of Revenue will calculate the amount for you and send you a bill. If you have a balance due on Line 67, NOTE: Some financial institutions will not deposit joint refunds into an calculate the interest due at a rate of one-half percent (½%) per month individual account. The Delaware Division of Revenue is not responsible if from the due date of the original return until the time the tax is paid. If a financial institution refuses a direct deposit. you have calculated the Underpayment of Estimated taxes using Form PIT-UND, please check the “Form PIT-UND Attached” box and include the NOTE: If your refund is adjusted by $500.00 or more, a paper check will be amount due here. issued and mailed to the address on your return. Line 73 Address Change Check Yes or No. If No, explain if the changes pertain to DE non-return If you move after you file your return, you should notify the Division of only. List the line numbers being amended. Revenue of your address change in writing. Please be sure to include your Line 75 and your spouse’s Social Security Number(s) in any correspondence with the Division of Revenue. Check Yes or No. If yes provide a detailed explanation and attach all supporting schedules and documentation. Federal Privacy Act Information Taxpayer IDs must be included on your income tax return. The mandatory PIT-NSA Instructions disclosure of Taxpayer IDs is authorized by Section 306, Title 30 of the For additional information regarding deductible expenses, please see the Delaware Code. Taxpayer IDs are used primarily to administer and enforce instructions for the Federal Schedule A. all tax laws, both civil and criminal, for which the Division of Revenue has statutory responsibility. Medical and Dental Expenses Signature You are permitted to deduct medical and dental expenses paid, after reimbursement, to the extent that they exceed 7.5% of your adjusted Please review your tax return before you sign it. Complete the return to gross income. To calculate the amount that may be deducted, please the bottom of Page 2 to ensure you receive all credits and exclusions. follow the line by line instructions. Form PIT-CRS must be completed if the check of the deceased taxpayer is to be issued to the estate. Line 1. Enter the total of your medical and dental expenses, after you reduce these expenses by any payments received from insurance or other Paid Preparer sources. Please complete all the fields in the Paid Preparer section. You must also Line 2. Enter the amount from Federal Form 1040, Line 11. sign the return. Line 3. Multiply Line 2 by 7.5% (0.075). Amended Returns Line 4. Subtract line 3 from Line 1. If line 3 is greater than Line 1, enter Where to File: zero. Delaware Division of Revenue P.O. Box 8711 State and Local Taxes Wilmington, DE 19899-8711 You are entitled to include certain taxes paid as an itemized deduction for For Line 71 Net Balance Due mail to: Delaware purposes. You may include either state and local income taxes Delaware Division of Revenue or sales taxes, but not both. You may also deduct real estate taxes and P.O. Box 508 personal property taxes paid. However, the deduction you are permitted Wilmington, DE 19899-0508 for state and local taxes paid may not exceed $10,000 for taxpayers filing as single, head of household, or jointly, or $5,000 for a married individual For Line 72 Net Refund mail to: filing a separate return. The Tax Cuts and Jobs Act limited itemized Delaware Division of Revenue deductions for taxes paid. The limitation does not apply to taxes paid P.O. Box 8710 or accrued in carrying on a trade or business or activity engaged in the Wilmington, DE 19899-8710 production of income, which should not be included on Form PIT-NSA Schedule A. Line by Line Instructions: Line 5a. Enter any non-Delaware state or local income taxes that are not Complete the return starting on Line 1 through Line 53, using corrected claimed as a credit on Form PIT-NON. information, then go to Line 61. DO NOT INCLUDE the taxes paid that generated the credit you receive Line 62 - Amount Paid on Original Return for taxes paid to another state on Line 44 of the Form PIT-NON. Please enter the amount paid with your return as originally filed. This will DO NOT INCLUDE any Delaware tax paid, whether or not claimed as a be no more than the amount on Line 54 of that return. Please include all credit on Form PIT-NON. prior payments from any previously filed return. Line 64 - Refund Received Line 5b. Enter any state or local sales taxes paid. Enter the amount, if any, refunded from your original return and/or any You may deduct income taxes or sales taxes, but not both. Do not enter previously amended return. Use actual amount(s) received. anything on Line 5b if you have claimed income taxes on Line 5a. Line 5c. Enter any state and local real estate taxes paid. Page 11 |
Line 5d. Enter any state and local personal property taxes paid. should be included on Form PIT-NON, line 25, Column B. This will reduce your Delaware source income by that amount. If you have received Line 5e. Add Lines 5a through 5d. unemployment benefits from Delaware and other states, the total Line 5f. Enter the smaller of Line 5e or $10,000 ($5,000 if married filing a unemployment compensation received may be included on Form PIT-NON, separate return). line 25, Column A, but only the Delaware unemployment compensation may be included on Form PIT-NON, line 25, Column B. To determine this Example 1: If you paid $11,000 of real property taxes, $2,000 of local amount, the unemployment compensation shown on your IRS 1040 or income taxes, and $5,000 of Delaware state income taxes then your 1040-SR Schedule 1, line 7 should be included on Form PIT-NON, line 12, deduction on Line 5f would be limited to $10,000. Column A. Column B should include only the amount of unemployment Example 2: If you paid $7,000 of real property taxes, $1,000 of local income received from the Delaware Department of Labor. income taxes, and $5,000 of Delaware state income taxes withheld that were included on Line 48 of the Form PIT-NON, your deduction on Line 5f of would be $8,000. Example 3: If you paid $2,000 of real property taxes, $1,000 of local income taxes, and $5,000 of Pennsylvania state income taxes for which you did not claim a credit on Line 44 of the Form PIT-NON, your deduction on Line 5f would be $8,000. Interest You Paid You are entitled to deduct certain interest paid, subject to the limitations imposed pursuant to Federal law. Line 8a. Enter home mortgage interest and points reported on a Federal Form 1098. Line 8b. Enter home mortgage interest NOT reported on a Federal Form 1098. Line 8c. Enter points not reported on a Form 1098. Line 8d. This field is Reserved for Future Use. Line 8e. Add Lines 8a through 8c. Line 9. Enter investment interest paid. Attach Federal Form 4952. Gifts to Charity You may deduct certain gifts to charity, subject to the same limitations imposed by Federal law. Line 11. Enter gifts by cash or check. Line 12. Enter gifts by other than cash or check. If the value of any gift exceeded $250, please see the instructions for the Federal Schedule A. You must attach Federal Form 8283, if you made non-cash contributions in excess of $500. Line 13. Enter any carryover from a prior year. Line 14. Add Lines 11 through Line 13. Casualty and Theft Losses You may deduct certain casualty and theft losses, as permitted under Federal law. Enter the amount of these losses on Line 15. Other Itemized Deductions You may deduct certain other itemized deductions, as permitted under Federal law. Enter the amount of these deductions on Line 16, with an explanation. See the Instructions for Federal Schedule A for more information. Total Itemized Deductions Line 17. Add the amounts on Lines 4, 7, 10, 14, 15, and 16. Enter the total in Line 31 of the Form PIT-NON. Your itemized deductions entered in Line 31 are subject to certain adjustments. Line 18. Check this box if you elect to itemize even though the standard deduction would be greater than your itemized deductions. Unemployment Tax Special Note: For Delaware non-resident taxpayers, the amount of unemployment compensation included in your federal adjusted gross income (AGI) should be included on Form PIT-NON, line 25, Column A. This will reduce your Delaware adjusted gross income by that amount. If it is Delaware source income (i.e., paid by the Delaware Department of Labor), it Page 12 |
SPECIAL FUNDS • Delaware’s Nongame Wildlife, Endangered Species And Natural • White Clay Creek Wild And Scenic River Preservation Fund: Working Areas Preservation Fund: Helping Delaware face the challenges of to improve water quality, conserve open space, woodlands, wetlands, managing and protecting native plants and animals, restoring wildlife and geological features, protect rare native plant and animal species, habitat, and maintaining the natural beauty of the state. Please give a and aid in the preservation of cultural, historical, and archaeological tax-deductible “Wild Gift” on Line 7A, PIT-NNS, Non-Resident Schedule sites. Please help by making a contribution on Line 7M, PIT-NNS, Non- III. Resident Schedule III. • Beau Biden Foundation: The foundation believes that child abuse • The Home Of The Brave Foundation, Inc.: Established to furnish can be prevented through effectively educating adults and children, food, shelter, and counseling to veterans of the Armed Forces of the developing the next generation of child welfare professionals, and USA without regard to sex, race, color, or creed and provide positive, strengthening child protection laws around the country. Please help supportive assistance to transition out of homelessness. Please help by making a donation on line 7B, Non-Resident, PIT-NNS, Schedule III. by contributing on Line 7N, PIT-NNS, Non-Resident Schedule III. For Please visit our website at www.beaubidenfoundation.org. more information, visit www.homeofthebravefdn.org. • Emergency Housing Assistance Fund: The homeless population • Senior Trust Fund: Administered by the Director of the Division of in Delaware continues to increase. Crisis situations such as Services for Aging and Adults with Physical Disabilities, to provide unemployment, family conflicts, displacement, evictions, fire, or utility assistance and programs for seniors and support the aging services of failures force people to seek emergency housing. You can help by community-based organizations. Please help by contributing on Line making a contribution on Line 7C, Non-Resident, PIT-NNS, Schedule III. 7O, Non-Resident Schedule III. • Delaware Breast Cancer Education: Providing outreach, education • Delaware Veterans Trust Fund: Provides financial assistance to and support services throughout Delaware and the surrounding eligible veterans, making a difference for veterans who need assistance communities to encourage the early detection and treatment of breast with reintegration on their return home, those with disabilities awaiting cancer. Your contribution on Line 7D, PIT-NNS, Non-Resident Schedule benefits, or those who have met with a financial hardship. Show your III, will help the nearly 750 women facing breast cancer in Delaware support for veterans with a contribution on Line 7P, PIT-NNS, Non- each year. Resident Schedule III. • Organ And Tissue Donation Awareness Trust Fund: One organ • Protecting Delaware’s Children Fund: Supports an annual public and tissue donor can save or enhance the lives of 50 people. Make education campaign during Child Abuse Prevention and Awareness a contribution on Line 7E, PIT-NNS, Non-Resident Schedule III to help Month, to educate the public about the signs of child abuse and the increase the number of organ and tissue donors in Delaware. Register duty to report. Your contribution on Line 7Q, PIT-NNS, Non-Resident as an organ and tissue donor at www.donatelife-de.org. Schedule III will make certain that the public knows and understands • Delaware Diabetes Education Fund: Administered by the American their role in keeping children safe. Diabetes Association (ADA); our mission is to prevent and cure • Food Bank Of Delaware: Our mission is to provide nutritious foods diabetes, and to improve the lives of those affected by diabetes. For to Delawareans in need and facilitate long-term solutions to the more information, please call 1-800-DIABETES or visit www.diabetes. problems of hunger and poverty through community education and org. Help 85,000 Delawareans with diabetes by making a contribution advocacy. You can help by making a contribution on Line 7R, PIT-NNS, on Line 7F, PIT-NNS, Non-Resident Schedule III. Non-Resident Schedule III. • Delaware Veterans Home Fund: Show your support by making a • Delaware Habitat For Humanity: Habitat for Humanity organizations contribution on Line 7G, PIT-NNS, Non-Resident Schedule III. Your tax in Sussex County, Central Delaware, and New Castle County bring contribution will assist the Delaware Commission of Veterans Affairs in people together to build homes, communities, and hope. You can help maintaining a facility that provides much-needed services to our aging by making a contribution on Line 7S, PIT-NNS, Non-Resident Schedule veteran population. Please honor our heroes with a Veterans Home III. Your contribution will be directed to the Delaware Habitat for contribution. Thank you for your support! Humanity organizations across the state. • Delaware National Guard And Reserve Emergency Assistance • B+ Childhood Cancer: The B+ Foundation is helping kids fight cancer Fund: Supporting members of the Delaware National Guard and by providing financial and emotion support to families of children with members of other Reserve Components (Army, Navy, Air Force, cancer nationwide. The B+ Foundation also funds critical, cutting- Marine Corps, Coast Guard). Please show your support by making a edge childhood cancer research. For more information, please visit contribution on Line 7H, PIT-NNS, Non-Resident Schedule III. our website at www.bepositive.org. You can help by making a • Delaware Juvenile Diabetes Fund: The leading charitable funder contribution on Line 7T, PIT-NNS, Non-Resident Schedule III. and advocate for research on type 1 diabetes. JDRF is associated with • Combined Campaign For Justice: The goal of Combined Campaign major breakthroughs in type 1 diabetes research, such as the artificial for Justice is to help bridge the justice gap in Delaware and ensure civil pancreas, beta cell regeneration and the treatment of complications. legal aid is available to poor and vulnerable people when it matters Your tax-deductible donation to JDRF may be made on Line 7I, PIT- most. There is a significant justice gap in Delaware—more than eighty NNS, Non-Resident Schedule III. percent of the civil legal needs of poor people are going unmet. You • Delaware Chapter Of The National Multiple Sclerosis Society: can help by making a contribution on Line 7U, PIT-NNS, Non-Resident Funding programs, services, and financial assistance needed by Schedule III. Delawareans with MS, plus important research into the cause of MS, the development of more effective treatments, and eventually the cure. Please help by making a contribution on Line 7J, PIT-NNS, Non- Resident Schedule III. • Delaware Ovarian Cancer Foundation: Our mission is to increase awareness and education, to facilitate research for an early detection test, and to support women affected by ovarian cancer. Please show your support by making a contribution on Line 7K, PIT-NNS, Non- Resident Schedule III. • 21st Century Fund For Delaware’s Children, Inc.: Addressing the needs of Delaware’s at-risk children under the age of 21 who are receiving services from state agencies or community organizations. Grants provide experiences to define strengths, improve self-esteem, and build hope for the future. Please help by contributing on Line 7L, PIT-NNS, Non-Resident Schedule III. • Page 13 |