Delaware Realty Transfer Tax - Declaration for Certificate Of Compliance Or Occupancy

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Form 5401(8)CO is obsolete, and is no longer supported by the Delaware Department of Revenue.

Realty Transfer Tax - Declaration for Certificate Of Compliance Or Occupancy
State Of Delaware Realty Transfer Tax Declaration For Certificate Of Compliance Or Occupancy - Form 5401(8)COFORM 5401(8)CO
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STATE OF DELAWARE
REALTY TRANSFER TAX
DECLARATION FOR CERTIFICATE OF COMPLIANCE OR OCCUPANCY

DECLARATION YEAR 12 31
2. Name, if other than owner completing form:

Owner name:

Address:

City

State

Zip

SSN

Federal EIN

Tax Parcel
Property ID

Print Form

Building
Permit No.

State

Building Value
Page 2, Line 2

Zip

All applicants for a Certificate of Compliance or Occupancy for buildings in which the building permit value or construction
was greater than $10,000 must complete this form. If the applicant was exempt from the realty transfer tax at the time of
application for a building permit, and the reason for this exemption has not changed, then you may answer a “YES” and sign below
if you attach a copy of your previous exemption.
YES
NO
If you are not sure of an exemption and / or can not readily obtain your copy of the previous exemption form, please
complete the questions below. Please be advised that an exemption to the tax or the amount of the tax due as reported with
your application for the building permit may be changed. If you previously paid a transfer tax and these construction costs have
increased then you must complete the form.
If you answer “YES” to any of the exemption (listed below) you may stop and sign at item 9. If you answer “NO” please continue to
page 2 and complete the remaining sections of this from.
6. A. Were the costs of all contracts for all phases of this construction, alteration or addition less than
$10,000? The total cost must include all contracts entered into after September 1, 1990, and all
materials supplied after that date to the extent such materials are not required to be supplied in
the contract(s) entered into before September 1, 1990.......................................................................

YES

B. Is this certificate sought by a builder or developer for a building for resale on land owned by the
builder or developer?...........................................................................................................................

YES

C. Was this construction totally governed by contracts or agreements entered into before
September 1, 1990?............................................................................................................................

YES

D. Is the certificate requested for construction or alternation of, or addition to, something other than
a ‘building?” (A structure having a roof supported by columns or walls is a building for these
purposes.)............................................................................................................................................

YES

Was the property held for more than one year before entering into any contracts governing this
construction?............................................................................................................................................
Please complete the following: The ownership in realty was transferred (settlement date) to owner
(date) on
. The contract for this construction was entered into for labor or materials
were first supplied on (earliest date)

8. Was the realty on which construction occurred when transferred to the present owner exempt from
realty transfer tax? IF YES, specific basis of exemption must be stated:

9. Subject to penalties of perjury, I swear of affirm the foregoing is true and correct to the best of my knowledge and belief.
Owner’s Signature
(Revised 07/2017)

Print Name

Date

*DF42617019999*
DF42617019999

FORM 5401(8)CO
PAGE 2

STATE OF DELAWARE
REALTY TRANSFER TAX
DECLARATION FOR CERTIFICATE OF COMPLIANCE OR OCCUPANCY

Name of Owner:

SSN or Federal EIN

(a) Was the Building Permit applied for solely for alteration to an existing building:
IF YES, enter the value, at the time of conveyance for realty tax purposes, of land
(b) and improvements on which construction is intended: ........................................................ $
IF NO, go to Item #2.

Enter amount of money paid or to be paid under any and all contracts which:
(a) pertain to all phases of the construction or alteration of, or addition to, the building for
which the Building Permit was sought; and
(b) were entered into after September 1, 1990. Include all purchases of supplies after
September 1, 1990 to the extent not required under contracts entered into on or
before September 1, 1990. ................................................................................................. $

3. (a)

YES

Subtract $10,000 from the amount entered in Item #2 and enter the results here: ............ $

(b) If Item #1 is answered “YES”, is the amount entered in Item #2 less then 50% of
the amount entered in Item #1(b)? .......................................................................................
IF YES, YOU MAY STOP HERE AND SIGN BELOW.

YES

(c)

IF EITHER Item #1(a) or Item #3(b) is answered NO, multiply the amount entered in
Item #3a by 2% (.02) and enter results here: ..................................................................... $

(d)

Have you previously paid a realty transfer tax on FORM 5401(8)BP relative to this
or other phases of the same construction? ........................................................................
IF YES, please attach copy of earlier FORM 5401(8)BP. Enter amount paid with
earlier FORM 5401(8)BP: .................................................................................................. $

(e)

Subtract amount entered on line 3(d) from amount entered on line 3(c) and enter
the difference here: ............................................................................................................ $

YOU MUST PAY THE AMOUNT ON LINE 3(e) TO THE STATE OF DELAWARE DIVISION OF REVENUE PRIOR TO
BEING ISSUED THE CERTIFICATE OF COMPLIANCE OR OCCUPANCY.
NOTE: YOU MAY OWE AN ADDITIONAL AMOUNT TO THE MUNICIPALITY ISSUING THE BUILDING PERMIT.
4. Subject to the penalties of perjury. I swear or affirm the foregoing is true and correct to the best of my knowledge and
belief.

Owner’s Signature

Date

Please Print

(Revised 07/2017)

*DF4261709999*
DF42617029999

Extracted from PDF file 2019-delaware-form-54018co.pdf, last modified January 2013

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More about the Delaware Form 5401(8)CO Corporate Income Tax

We last updated the Realty Transfer Tax - Declaration for Certificate Of Compliance Or Occupancy in April 2021, and the latest form we have available is for tax year 2019. This means that we don't yet have the updated form for the current tax year. Please check this page regularly, as we will post the updated form as soon as it is released by the Delaware Division of Revenue. You can print other Delaware tax forms here.

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Other Delaware Corporate Income Tax Forms:

TaxFormFinder has an additional 64 Delaware income tax forms that you may need, plus all federal income tax forms.

Form Code	Form Name
Form 1100	Corporate Income Tax Return Tax Return
Form 700	Delaware Income Tax Credit Schedule Tax Credit
Form 5403	Real Estate Tax Return - Declaration of Estimated Income Tax Estimated
Form 300	Delaware Partnership Return Tax Return
Form 1100S	S Corporation Reconciliation And Shareholders Return

Download all DE tax forms View all 65 Delaware Income Tax Forms

Form Sources:

Delaware usually releases forms for the current tax year between January and April. We last updated Delaware Form 5401(8)CO from the Division of Revenue in April 2021.

Show Sources >

About the Corporate Income Tax

The IRS and most states require corporations to file an income tax return, with the exact filing requirements depending on the type of company.

Sole proprietorships or disregarded entities like LLCs are filed on Schedule C (or the state equivalent) of the owner's personal income tax return, flow-through entities like S Corporations or Partnerships are generally required to file an informational return equivilent to the IRS Form 1120S or Form 1065, and full corporations must file the equivalent of federal Form 1120 (and, unlike flow-through corporations, are often subject to a corporate tax liability).

Additional forms are available for a wide variety of specific entities and transactions including fiduciaries, nonprofits, and companies involved in other specific types of business.

Historical Past-Year Versions of Delaware Form 5401(8)CO

We have a total of five past-year versions of Form 5401(8)CO in the TaxFormFinder archives, including for the previous tax year. Download past year versions of this tax form as PDFs here:

2019 Form 5401(8)CO