DE HB349

Requires nonresident individuals to file a Declaration of Estimated Income Tax or alternative form with the Recorder before a deed conveying Delaware real estate can be recorded, calculating estimated tax at the highest marginal rate on the gain recognized from the sale.

Requires nonresident pass-through entities to file estimated tax returns or alternative forms on behalf of each nonresident member before recording, applying each member's highest marginal tax rate to their distributive share of the gain.

Requires nonresident corporations not organized in Delaware or registered to do business in the state to file a Delaware Corporate Tentative Tax Return or alternative form before recording, calculating tax at the corporate rate on estimated gain.

Provides alternative forms allowing nonresident sellers to calculate tax based on the difference between total amount realized and net balance of recorded liens, or to declare under penalties of perjury that the sale is exempt from capital gain recognition.

Makes estimated taxes due before deed recording, with payments deemed made to the Director as of the recording date, and protects transferees, title insurers, settlement agents, and real estate agents from liability for collecting these taxes; effective for tax periods after December 31, 2010.