Delaware 2025-2026 Regular Session

Delaware Senate Bill SB299

Introduced
5/5/26  

Caption

An Act To Amend Title 30 Of The Delaware Code Relating To Personal Income Tax Credits Applicable To Overtime Income.

Summary

SB299 would add a new personal income tax credit for Delaware resident individuals on overtime income earned under the federal Fair Labor Standards Act. The bill provides a credit of up to $15,000 for overtime compensation paid for hours worked over 40 in a week, and it applies only to resident taxpayers. The credit is designed to benefit workers who earn overtime pay, while excluding higher-income taxpayers through a phaseout structure. The credit begins to phase out when modified adjusted gross income exceeds $125,000 for single filers or $250,000 for joint filers, and it is fully phased out at $150,000 for single filers or $300,000 for joint filers. In practical terms, the bill would amend Title 30 of the Delaware Code by creating a new section governing this overtime-related credit and would reduce state income tax liability for eligible residents who work substantial overtime hours.

Impact

If enacted, SB299 would create a new Delaware personal income tax credit in Title 30 for overtime earnings, directly affecting resident individual income tax returns. It would lower state tax collections from eligible taxpayers and add a new statutory provision tied to overtime compensation under the federal Fair Labor Standards Act. The bill would primarily affect working residents who receive overtime pay, while limiting the benefit for higher-income filers through income-based phaseouts.

Sentiment

Based on the available materials, the bill appears to have a generally supportive or favorable framing, with multiple sponsors from both chambers listed on the measure. The synopsis presents the proposal as a targeted tax benefit for workers who earn overtime, suggesting a pro-worker policy rationale. No committee transcript or recorded vote information is available in the provided context, so there is no documented opposition or formal debate to assess beyond the bill text itself.

Contention

The main policy issue is the size and targeting of the credit. Supporters are likely to view the bill as a way to reward overtime work and provide tax relief to middle-income workers, while potential critics may question the fiscal cost of a $15,000 credit and whether the income thresholds are appropriately set. Another possible point of contention is that the credit applies only to Delaware residents and only to overtime paid under the federal law, which may exclude some workers or create administrative complexity for taxpayers and the state.

Companion Bills

No companion bills found.

Previously Filed As

DE HB386

An Act To Amend Title 30 Of The Delaware Code Relating To Personal Income Tax Deduction Or Credits Applicable To Qualified Tip Income.

DE HB126

An Act To Amend Title 30 Of The Delaware Code Relating To Personal Income Tax.

DE HB186

An Act To Amend Title 30 Of The Delaware Code Relating To Business Tax Credits And Deductions For Electricity Production.

DE SB219

An Act To Amend Title 30 Of The Delaware Code Relating To Exclusion Of Military Pensions From Taxable Income.

DE HB245

An Act To Amend Title 14 Of The Delaware Code Relating To Limitation On Public Schools' Tax Rate After General Reassessment.

DE HB80

An Act To Amend Title 26 Of The Delaware Code Relating To Renewable Energy Portfolio Standards.

DE HB108

An Act To Amend Title 30 Of The Delaware Code Relating To Personal Income Tax Modifications Subtracted From Federal Adjusted Gross Income.

DE SB69

An Act To Amend Title 14 Of The Delaware Code Relating To Foods And Beverages In Schools.

DE SB64

An Act To Amend Title 7 Of The Delaware Code Relating To Regional Greenhouse Gas Initiative And Co2 Emissions Trading Program Auction Proceeds.

DE HB203

An Act To Amend Title 14 Of The Delaware Code Relating To The Equity And Inclusion In Financial Literacy For All High School Students In Delaware Act.

Similar Bills

No similar bills found.