# 5 Del. C. § 1102: § Â 1102. Statement of net income to be filed

> Delaware · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1102

## Section

- **Citation:** 5 Del. C. § 1102
- **Heading:** § Â 1102. Statement of net income to be filed
- **Jurisdiction:** Delaware
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Delaware Code / Title 5 / Chapter 11 / Section 1102

## Text

(a) For purposes of assessment, the president, treasurer or other proper officer of every banking organization, trust company or federal savings bank not headquartered in this State but maintaining branches in this State (or out-of-state bank that operates a resulting branch in this State), shall, in each year, file with the December 31 call report, a true statement, verified by oath, setting forth the net income of such banking organization, trust company or federal savings bank not headquartered in this State but maintaining branches in this State as defined in this chapter and such other true statement, in such form as shall be specified by the State Bank Commissioner, verified by oath setting forth the “taxable income” of such banking organization, trust company or federal savings bank not headquartered in this State but maintaining branches in this State as defined in this chapter. In the case of an out-of-state bank that operates more than one resulting branch in this State, the statement setting forth the taxable income of such resulting branches shall set forth the information required by the State Bank Commissioner on a basis that consolidates such information for all resulting branches of such out-of-state bank in this State. Any and all documents relating to the taxation of a banking organization, trust company or federal savings bank not headquartered in this State but maintaining branches in this State shall be true statements, verified by oath, by the president, treasurer or other proper officer of such banking organization, trust company or federal savings bank not headquartered in this State but maintaining branches in this State (or out-of-state bank that operates a resulting branch in this State).

(b) Every banking organization (or out-of-state bank that operates a resulting branch in this State), trust company or federal savings bank not headquartered in this State but maintaining branches in this State failing to comply with subsection (a) of this section shall be subject to a penalty of $25 for each day that it continues in such failure, unless the Commissioner is satisfied that such failure was not wilful. Any penalty that may be imposed by the Commissioner hereunder shall be paid to the State Treasurer for deposit in the General Fund.

## Nearby sections

- [5 Del. C. § 1101 § Â
        1101. Tax on net earnings.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1101.md)
- [5 Del. C. § 1101A § Â
        1101A. Alternative annual franchise tax; rate of taxation.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1101A.md)
- [5 Del. C. § 1102 § Â
        1102. Statement of net income to be filed.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1102.md)
- [5 Del. C. § 1103 § Â
        1103. Review of tax.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1103.md)
- [5 Del. C. § 1104 § Â
        1104. Date of payment and collection of tax; estimated tax.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1104.md)
- [5 Del. C. § 1105 § Â
        1105. Rate of taxation; credits [For application of this section, see 79 Del. Laws, c. 291, ÂÂâ2 and 3].](https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1105.md)
- [5 Del. C. § 1106 § Â
        1106. Disposition of taxes.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1106.md)
- [5 Del. C. § 1107 § Â
        1107. Duties of Attorney General.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1107.md)
- [5 Del. C. § 1109 § Â
        1109. State corporation income and other taxes; exemption.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1109.md)
- [5 Del. C. § 1110 § Â
        1110. Severability.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1110.md)
- [5 Del. C. § 1111 § Â
        1111. Period of limitation upon assessments.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1111.md)
- [5 Del. C. § 1112 § Â
        1112. Period of limitation on credit or refund.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1112.md)
- [5 Del. C. § 1113 § Â
        1113. Secrecy of returns and information; penalty.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1113.md)
- [5 Del. C. § 1114 § Â
        1114. Abatements.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_DE_T5_C11_S1102. Check the current official text before relying on it. Not legal advice.
