The Delaware 1902 B form serves as an annual information return for holding companies and investment companies seeking exemption from Delaware corporate income tax. This form is essential for corporations whose activities are primarily focused on managing intangible investments and collecting income from such assets. By completing this form, companies can demonstrate compliance with Delaware tax regulations while ensuring they meet the necessary criteria for exemption.
The Delaware 1902 B form serves as an essential document for corporations claiming exemption from Delaware corporate income tax under specific provisions of the Delaware Code. Specifically, this form is designed for holding and investment companies that maintain and manage intangible investments or collect and distribute income from such investments. The form requires detailed information regarding the corporation's activities within Delaware, including the names and social security numbers of compensated employees, as well as the identities of significant stockholders. Additionally, it addresses various income sources, both exempt and non-exempt, which can influence the corporation's tax status. Corporations must carefully answer questions regarding their income-generating activities, particularly those related to real property or services provided in Delaware. The form must be filed annually, with a deadline aligned to the corporation's fiscal year, ensuring compliance with state tax regulations. Proper completion of the 1902 B form is crucial for maintaining the corporation's tax-exempt status, and failure to provide accurate information may result in tax liabilities.
FORM 1902(b)
2011
DELAWARE
INFORMATION RETURN
HOLDING COMPANY I INVESTMENT COMPANY
FOR OFFICE USE ONLY
This return is for calendar year 2011
If not for calendar year, insert ending date of fiscal year
Name of Corporation
Rev Code 042
20
Delaware Address
Zip Code
Mailing Address (if different from above)
Date and State of Incorporation
Employer Identification Number
PART- I GENERAL INFORMATION
1.Name and social security number of compensated employees working in Delaware. (Do not include Directors.)
Name
Social Security Number
Full or Part Time
2.Name and FEIN/SSN of owners (individual corporations) of more than 10% of the stock of the corporation whose Delaware individual or corporate income tax liability exceeded $100,000 in any of the past three years.
EI or SSN
PART II - QUESTIONS RELATING TO NON-EXEMPT ACTIVITIES
If the answer to any of the following is “YES”, it would be an indication that the corporation is NOT exempt from Delaware corporate tax under Section 1902(b)(8), 30 DEL. C. (If yes, please provide a brief description.)
1. Did the corporation receive income from the following sources:
a. Rental income from real property located within Delaware.
YES
/
NO
b. Rental income from tangible personal property located within Delaware.
2.Did the corporation provide in Delaware any of the services listed below for an unaffiliated entity or an affiliated entity other than as part of the corporation’s maintenance and management of its intangible assets? (If yes, please provide a brief description.)
YES / NO
a.Accounting and Bookkeeping
b.Legal
c.Consultation
d.Investment Advice
e.Collections
f.Management
g.Computer Services
PART III - QUESTIONS RELATING TO EXEMPT ACTIVITIES
If the answer to any of the following is “YES”, it would be an indication that the corporation is exempt from Delaware corporat e tax under Section 1902(b)(8), 30 DEL C. (If yes, please provide a brief description.)
1.Did the corporation directly or indirectly receive income from any one of the following sources?Please check the appropriate box for each source of income and, for each “yes” response where the income received isin excessof $1 million, provide a description of the activity performed in Delaware with regard to such income.
a.
Interest on notes secured by real estate mortgages.
b.
Interest on all other debt obligations.
c.
Dividends.
d.
Patents, patent applications, trademarks, trade names and know-how.
e.
Gain on the sale of intangible investments.
f. Rental income from real property located outside of Delaware.
g.
Rental income from tangible personal property located outside of Delaware.
2.Is the corporation engaged in business activities outside of Delaware other than described
in Question 1 above? (If yes, please describe.)
PART IV - ADDITIONAL INFORMATION
Did the corporation have any source of income other than the sources of income described in Parts II and III above? (If yes, please describe the source of income and the activity in Delaware relating to it.)
Under penalties of perjury, I declare that I have examined this return and statements, and believe it is true, correct and complete.
Signature
Title
Date
(Revised 11/21/11)
INSTRUCTIONS FOR FORM 1902(B)
INFORMATION RETURN FOR HOLDING COMPANY/INVESTMENT COMPANY
GENERAL INSTRUCTIONS
CORPORATIONS REQUIRED TO FILE RETURNS
Under 30 Del. C., §1904(g), an Annual Information Return may be required of each corporation claiming exemption from Delaware corporate income tax under 30 Del. C., §1902(b)(8) which provides an exemption for “Corporations whose activities within this State are confined to the maintenance and management of their intangible investments and the collection and distribution of the income from such investments or from tangible property physically located outside this State. For purposes of this paragraph, ‘intangible investments’ shall include, without limitation, investments in stocks, bonds, notes, and other debt obligations (including debt obligations of affiliated corporations), patents, patent applications, trademarks, trade names and similar types of intangible assets.” Form 1902(b), Information Return for Holding Company/Investment Company, must be filed annually by corporations claiming exemption from corporate taxation under Section 1902(b)(8) of Title 30 of the Delaware Code.
PERIOD COVERED BY RETURN
The taxable year ending date of a corporation required to file Form 1902(b) Information Return shall be the same as it is for purposes of computing its federal income tax.
WHEN TO FILE AND EXTENSIONS
Form 1902(b) Information Return must be filed on or before the first day of the fourth month following the end of the taxable year. A request for an automatic extension of six months to the Internal Revenue Service will automatically extend the filing date of the Delaware return by six months. If no federal extension was requested, an extension of time for filing may be made by a letter on or before the due date. Copies of extensions granted (Federal Form 7004 or Delaware Division of Revenue Approval Letter) must be attached to the return when filed. Please detach and mail Form 1902(b), Information Return, to the Division of Revenue, 820 N. French Street, P.O. Box 2044, Wilmington, Delaware 19899-2044.
PART 1 - GENERAL INFORMATION
LINE 1 - COMPENSATED DELAWARE EMPLOYEES
Enter on Line 1 the names and social security number(s) of individuals employed by the filing corporation within Delaware (do not include Directors). Please also indicate whether employed on a full or part time basis. If additional space is needed, please attach a separate schedule.
LINE 2 - PERSONS OWNING MORE THAN 10% OF THE STOCK OF THE CORPORATION
Enter on Line 2 the name and Federal Employer Identification Number or Social Security Number of owners (individual partnership or corporation) of more than 10% of the outstanding stock of the corporation whose Delaware individual or corporate income tax liability exceeded $100,000 in any of the past three years. If additional space is needed, please attach a separate schedule.
SPECIFIC INSTRUCTIONS
If the answer to any of the following questions is yes, it would be an indication that the corporation is NOT exempt from Delaware Corporate income tax under 30 Del. C. §1902(b)(8).
1.SOURCES OF INCOME. Did the corporation receive rental income from real property and/or tangible personal property located within Delaware? Please check appropriate box for each source of income and provide a description of the activities performed within Delaware for each “yes” box.
2.SERVICES PROVIDED. Did the corporation provide in Delaware any of the services listed for an unaffiliated entity or an affiliated entity other than as part of the corporation’s maintenance and management of its intangible assets? Please check appropriate box for each service and provide a description of the service performed within Delaware for each “yes” box.
If the answer to any of the following is “yes”, it would be an indication that the corporation is exempt from Delaware corporate income tax under §1902(b)(8), 30 Del. C.
1.SOURCES OF INCOME WITHIN DELAWARE. Did the corporation directly or indirectly receive income from anyone of the sources listed? Please check appropriate box for each source of income and, for each “yes” response where the income received is in excess of $1 million, provide a description of the activity performed in Delaware in the space provided.
2.SOURCES OF INCOME WITHOUT DELAWARE. Is the corporation engaged in business activities outside of Delaware other than those described in Question 1 above? If yes, please provide a brief description in the space provided.
Did the corporation have any sources of income other than the sources of income described in Parts II and III above? If yes, please describe the source of income and the activity in Delaware relating to it in the space provided.
SIGNATURE
Please sign and date this return indicating the title of the officer or designee signing this return, detach Form 1902(b) and mail to the Division of Revenue, 820 N. French Street, P.O. Box 2044, Wilmington, Delaware 19899-2044.
(Revised 12/09/10)
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