C Corporation Tentative Return Filing Deadlines

The Delaware Division of Revenue would like to update local businesses about pending legislation to ensure that the deadline for the current year tentative return of “C” corporations will be uniform for all taxpayers.

The Delaware legislature is considering legislation that will adjust the due date for C corporations’ tentative returns to April 15, or the fifteenth day of the fourth month of the current income year for fiscal year taxpayers, for tax years beginning after December 31, 2016. As a result, the Division of Revenue is releasing Technical Information Memorandum 2017-2, available on our website here: http://revenue.delaware.gov/information/tims/tim_2017-02.pdf.

Anyone filing business-related tax returns should be aware that deadlines for filing returns with the IRS have changed for tax years beginning after December 31, 2015. The Division of Revenue previously issued Technical Information Memorandum (TIM 2017-1: http://revenue.delaware.gov/information/tims/tim_2017-01.pdf) granting all affected taxpayers an extension of time to the date on which their Federal return is due, exclusive of extensions, to file their Delaware return.

The deadline for a C corporation’s tentative return was not affected by TIM 2017-1, which means that a C corporation’s tentative return is currently due on the first day of the fourth month of the corporation’s current income year – or April 1, 2017 for calendar year corporate taxpayers.

The Director of the Division of Revenue has broad discretion to grant reasonable extensions of time for the filing of any return – and in the interest of efficient tax administration, because of the pending legislation, the Director will grant all C corporations required to file a tentative return for a tax year beginning after 12/31/16 an automatic extension of time to the fifteenth day of the fourth month of the current income year, or to April 17, 2017, for a calendar year taxpayer, to file the taxpayer’s C corporation tentative return.

Visit revenue.delaware.gov or call (302) 577-8205 for more information.


New Business Tax Return Due Dates for Partnerships and Corporations

The Delaware Division of Revenue would like to inform local business regarding the following changes to due dates for business partnerships and corporations.

Internal Revenue Code now requires that:

  • Partnership returns are due on or before the 15th day of the third month following the expiration of the taxable period (March 15 for calendar year taxpayers).
  • S corporation returns are due on or before the 15th day of the third month following the expiration of the taxable period (March 15 for calendar year taxpayers). This has not changed from prior years.
  • Returns for C corporations are now due on or before the 15th day of the fourth month following the expiration of the taxable period (April 15 for calendar year taxpayers).

Delaware has issued TIM 2017-1 (http://revenue.delaware.gov/information/tims/tim_2017-01.pdf) granting an automatic extension of time to all C corporations to the due date of the corporation’s federal income tax return, without regard to extensions. The Delaware due dates for partnership and S corporation returns have not changed. As a result, the due dates for Delaware business returns for the 2016 tax year are as follows:

  • Partnership returns are due on or before the 30th day of the fourth month following the expiration of the taxable period (April 30 for calendar year taxpayers).
  • S corporation returns are due on or before the 30th day of the third month following expiration of the taxable period (March 30 for calendar year taxpayers).
  • Returns for C corporations are now due on or before the 15th day of the fourth month following the expiration of the taxable period. Because of federal holidays, this will be April 18, 2017 for calendar year taxpayers.

Delaware will be enacting legislation in 2017 to adopt the same due dates for Delaware’s business tax returns, effective for tax years beginning after December 31, 2016.

If you have questions about the due date of your business return, you can find specific information on our website (http://www.revenue.delaware.gov/services/BusServices.shtml) or by contacting us at (302) 577-8205.