- 2 -
|
Instructions: Complete form and mail an original and a copy to addresses indicated below. Once reviewed and if
approved the Delaware Division of Revenue will mail Certification with Tax Credit Forms and Instructions.
The Secretary of Finance shall annually review the certification of qualified employers for eligibility for New Economy Jobs
Program credits before credits are allowed.
(a) Credits allowable during the first certified year will be prorated upon the basis of the number of months before
and after certification.
(b) For any single calendar year subsequent to its first certified year in which a qualified employer hires and
employs no fewer than 50 additional qualified employees in new eligible jobs, the qualified employer may:
a. Elect to treat such additional qualified employees either as an addition to its existing number of qualified
employees under its existing certification; or
b. Make a separate application pursuant to this section and § 2083 of this title for certification and credits
with respect to such additional qualified employees.
No qualified employee in any certified year who was employed in Delaware in the base year by a member of an affiliated
group which conducted or conducts business in this State during the base year or any year thereafter shall be counted as
newly hired or employed qualified employees or qualified employees in new eligible jobs for purposes of calculating the
New Economy Jobs Program credits.
"Affiliated group" has the meaning provided by § 1504 of the Internal Revenue Code (26 U.S.C. § 1504), but including for
this purpose pass-through entities, as defined in § 1601 of this title that would be includible if they were classified as
corporations, the equity interests in which would be treated as stock, and the ownership of such interests would satisfy the
stock ownership requirements of the said 26 U.S.C. § 1504.
“Base Year” is the calendar year immediately preceding a qualified employer's first certified year.
“Certified Year” means a calendar year for which an employer is certified to be eligible for New Economy Jobs Program
credits.”
"Qualified employee" means a common-law employee employed in an “Eligible Job” in Delaware. "Eligible job" means any
single position held by a common-law employee in Delaware for which the compensation equals or exceeds the salary
threshold. More than 1 consecutive employee may perform an eligible job during a single calendar year so long as the
total compensation of all consecutive employees performing such eligible jobs during such calendar year equals or
exceeds the salary threshold.
"Eligible job" means any single position held by a common-law employee in this State for which the compensation equals
or exceeds the salary threshold. More than 1 consecutive employee may perform an eligible job during a single calendar
year so long as the total compensation of all consecutive employees performing such eligible jobs during such calendar
year equals or exceeds the salary threshold.
"Inflation adjustment factor" means an amount equal to the Consumer Price Index prepared by the Bureau of Labor
Statistics, U.S. Department of Labor for urban consumers, U.S. city average, all items, that corresponds to the calendar
year for which the credit is calculated divided by the equivalent Consumer Price Index figure for 2007. Final calculations of
the inflation adjustment factor for a calendar year shall be based on data available April 1 of the following calendar year.
"Salary threshold" means the amount of Delaware sourced compensation paid to a common law employee, rounded to
the nearest $100, calculated by multiplying $100,000 times the inflation adjustment factor.
Mail Original Certification to:
Delaware Division of Revenue,
Business Audit Bureau
th
Carvel State Office Building, 8 Floor
820 N. French Street
Wilmington, DE 19801
Mail Copy of Certification to:
Office of Director
Delaware Economic Development Office
99 Kings Highway
Dover, DE 19901
|