State outline of Delaware

Delaware offers a state R&D tax credit for businesses that incur qualified research expenses within the state. The credit rewards increases in research spending over a baseline and includes enhanced rates for qualifying small businesses. It stacks directly with the federal R&D credit, allowing qualifying companies to reduce innovation costs at both levels simultaneously.

Delaware R&D Tax Incentives at a Glance

Delaware State Credit:

  • Delaware R&D Tax Credit under Del. Code tit. 30, § 2070(a), for tax periods after December 31, 2016
  • Two methods available: (1) incremental percentage of Delaware QREs above the Delaware base amount, or (2) based on Delaware's share of the federal Alternative Simplified Credit
  • Standard rate: 10% of excess QREs or 50% of apportioned federal ASC
  • Partially refundable: unused approved credit is refundable if it exceeds Delaware tax liability
  • No statutory sunset: § 2073 provides the credit remains available even if the federal IRC § 41 credit is terminated

Federal Benefits:

  • Available for all qualifying U.S. research regardless of state
  • Payroll tax offset for eligible startups, up to $500,000/year applied against employer payroll taxes
  • Stackable with Delaware's state credit on the same qualifying in-state expenses

Key Distinctions:

  1. Delaware offers two calculation methods. Standard taxpayers choose between 10% of Delaware QREs above the Delaware base amount, or 50% of Delaware's apportioned share of the federal ASC. Small businesses use enhanced rates of 20% and 100% respectively.
  2. The credit is partially refundable. If an approved credit exceeds the taxpayer's Delaware tax liability, the unused portion is refundable rather than carried forward. This is a significant change from the pre-2017 regime.
  3. Taxpayers must apply on Form 2070AC by September 15 following the tax year. The Director reviews and approves the credit; it cannot be claimed on the return without that approval.

Who Qualifies for Delaware's R&D Tax Credit?

Business Location

Your business must incur qualified research expenses within Delaware. Qualifying research conducted anywhere in Delaware is eligible. Businesses physically located in Delaware and those with Delaware-based operations as part of a multistate footprint can both qualify.

Research Activity

Qualifying research must meet the federal standards under IRC Section 41: work aimed at developing or improving a product, process, software, formula, or invention through a systematic process relying on scientific or technical principles. Delaware conforms to the federal definition of qualified research expenses, limited to expenses for services performed in Delaware.

Entity Type

The credit is available to corporations, S corporations, partnerships, and LLCs. For pass-through entities, the credit flows to members and partners in proportion to their distributive shares. The entity is used to determine whether the small business threshold is met; individual members then apply their own Delaware tax liability limitations.

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What Research Activities Qualify in Delaware?

Delaware follows the federal four-part test under IRC Section 41 to determine whether research activities qualify. If your work satisfies the federal standard, it will generally qualify at the state level as well.

What is worth noting for Delaware specifically is what the test does not require: there is no geographic zone your work has to fall within, no approved industry list, and no certification of qualifying activities before you begin. The question is whether each activity meets the federal definition and whether it took place in Delaware.

For businesses operating across multiple states, accurate allocation of wages and expenses is important. The Delaware Director reviews where services were performed when determining which expenses qualify as Delaware QREs, so geographic records are a core part of building a supportable claim.

What Expenses Qualify for Delaware's R&D Tax Credit?

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Wages and Salaries

  • Employees directly conducting, supervising, or supporting qualified research within Delaware

  • Must be allocated to Delaware-based activities; the Director's review of where services were performed makes geographic records essential for multi-state businesses

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Supplies

  • Materials consumed during the research process within Delaware

  • Excludes capital expenditures; must be used during qualifying research activity

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Contract Research

  • Amounts paid to third parties performing qualified research within Delaware

Delaware follows the federal definition of qualified research expenses under IRC Section 41, limited to costs for services performed within Delaware.

R&D Credits for Delaware Industries

How Qualifying Research Looks Across Delaware's Key Sectors

Financial Services Technology

Delaware is home to a significant share of U.S. credit card issuers and financial institutions. Qualifying research includes custom risk modeling software, fraud detection systems, algorithmic trading platforms, and proprietary data infrastructure developed through iterative technical testing.

Pharmaceuticals and Life Sciences

Delaware's proximity to the Philadelphia-area life sciences corridor supports drug formulation, biologics development, and clinical research operations. Qualifying activities include new compound development, delivery mechanism research, and laboratory-based experimentation.

Chemical Manufacturing

The DuPont legacy has left Delaware with a deep base of chemical and materials science expertise. Qualifying research includes new formulation development, industrial process improvements, materials testing, and specialty chemical innovation through systematic experimentation.

Software and Technology

Delaware-based development teams working on new software architectures, cybersecurity platforms, data systems, or proprietary algorithms can qualify when their work involves technical uncertainty and iterative refinement rather than routine maintenance.

Advanced Manufacturing

Manufacturers developing new production processes, automation systems, or engineered materials through systematic experimentation and technical testing can qualify on wages, supplies, and contract research tied to Delaware-based activities.

Agriculture and Food Science

Delaware's agricultural sector and food processing operations can qualify for research into new cultivation techniques, crop improvement, food safety processes, or production technology innovations developed through technical experimentation.

Florida Claim Previous Credits

Federal R&D Tax Credit for Delaware Businesses

The federal R&D credit under IRC Section 41 is available to Delaware businesses independently of the state program and applies to qualifying research conducted anywhere in the United States. Because Delaware's Method 2 calculation ties directly to the federal Alternative Simplified Credit, businesses that have already calculated their federal ASC have a natural starting point for the Delaware credit as well.

One planning consideration specific to Delaware: the state credit is partially refundable for approved amounts exceeding Delaware tax liability, which makes it more immediately valuable than a pure carryforward credit. The federal payroll tax offset remains relevant for qualified small businesses that may lack sufficient Delaware tax liability to absorb the full credit in the year it is approved.

Delaware conforms to federal definitions of qualified research expenses, but businesses should be aware that the federal treatment of R&D expenses under Section 174, which now requires amortization over five years for domestic research rather than immediate deduction, may affect overall R&D tax planning.

How to Claim Delaware's R&D Tax Credit

Step 1:

Document Your Qualifying Research Expenses

Compile qualified research expenses incurred in Delaware for the tax year. Identify employees who worked on qualifying research, allocate wages to Delaware-based work, track supplies consumed, and document any qualifying contract research. Geographic records are essential because the Director reviews where services were performed.

Step 2:

File Form 2070AC by September 15

Delaware's R&D tax credit is reported on Form 2070AC. The form requires you to report qualified research expenses and calculate the credit amount. No pre-certification or separate state agency application is required.

Step 3:

Claim the Approved Credit on Your Delaware Return

Once the approved credit certificate is received, claim the credit on your Delaware corporate income tax return. If the approved credit exceeds your Delaware tax liability, the unused portion is refundable.

What Records Should You Keep?

Project-Level Descriptions

Maintain written descriptions of each qualifying research project: the technical challenge, the experimental approach, and why the work meets the four-part test. Documentation should connect each project to activities performed within Delaware.

Payroll and Expense Records

Keep payroll records and time-tracking for employees involved in qualifying research, along with receipts for supplies consumed during research. Multi-state businesses need allocation records showing which wages and expenses relate to Delaware-based work.

Geographic Allocation Records

Because the Director's review focuses specifically on where services were performed, records demonstrating the geographic location of research activities are especially important. Location-specific time records, project logs noting work sites, and allocation schedules should be maintained contemporaneously.

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Estimate Your R&D Tax Credit in Minutes

Find out how much your innovative work could earn back in tax credits. Use our quick calculator to estimate your potential savings — no forms, no hassle.

Saving Money, Spurring Innovation

Every day, companies nationwide further the mission of innovation with new products, processes and initiatives that change the landscape of how we do business. But innovation takes funding, and with that comes a vicious cycle: You need money to grow your business and develop your products and services… but you also need to do those same things to bring money in.

That’s why R&D tax credits were established. Designed to encourage companies like yours to invest in the innovation, creation and improvement of products or processes, R&D tax credits can offset some of the costs associated with research and development — fueling growth and technological advancement.

Pitfalls Delaware Businesses Should Avoid

Missing the September 15 application deadline

Unlike most state R&D credits, Delaware's credit requires a formal application on Form 2070AC filed by September 15 following the tax year. The credit cannot be claimed on the return without Director approval. Missing this deadline means losing the credit for that year entirely.

Failing to allocate expenses to Delaware-based activities

Delaware's credit applies only to qualified research expenses for services performed within the state. The Director reviews geographic allocation as part of the approval process. Without contemporaneous records showing where services were performed, the QRE calculation may not survive review.

Using the wrong rate for your business size

Delaware offers enhanced rates for small businesses with average annual gross receipts below the inflation-indexed threshold. Using the standard rate when the small business rate applies leaves value on the table. Confirm your eligibility at the entity level before filing Form 2070AC.

Including routine maintenance or product adaptation in qualifying activities

Activities like bug fixes, routine data collection, quality control testing after production begins, or adapting existing technology for a specific customer generally do not meet the four-part test. Including them overstates the Delaware QRE base and creates exposure during the Director's review.

Can You Claim Credits for Previous Years in Delaware?

Delaware's credit requires a Form 2070AC application filed by September 15 following the tax year. If that deadline was missed for a prior year, the state credit for that year generally cannot be recovered retroactively.

The federal R&D credit is a different story. It remains available on amended federal returns for open tax years within the standard statute of limitations. Many Delaware businesses, particularly in financial services, pharmaceuticals, and manufacturing, have significant unclaimed federal credits available across prior years.

A professional review can identify qualifying federal credits across open years, assess existing documentation, and put the right processes in place so the Delaware application deadline is never missed going forward.

WA state R&D lookback window

Watch our latest videos to learn more!

Confused about whether you qualify or how the credits work? Our videos break it all down for you.

Ready to Maximize Your Delaware R&D Tax Credits?

Delaware's R&D credit rewards businesses that are growing their research investment, with enhanced rates for smaller companies and a refundable structure that delivers value even when current-year tax liability is limited. But the September 15 application deadline, the Director's review of geographic expense allocation, and the choice between two calculation methods mean that getting the most out of this credit takes planning. Our team can help you choose the right method, meet the filing requirements, and build the documentation to support a strong claim.

Frequently Asked Questions

Does my business have to be incorporated in Delaware to qualify?

No. Delaware's R&D credit is based on where qualifying research expenses are incurred, not where a company is incorporated. What matters is whether the research services were performed in Delaware.

How is the credit calculated?
Is the credit refundable?
Can I claim both the Delaware credit and the federal R&D credit?
My business conducts research in multiple states. Can I still claim the Delaware credit?
What if I have no Delaware corporate income tax liability?

Access the latest Delaware R&D tax credit information and filing requirements:

Delaware Division of Revenue

Corporate Income Tax

Delaware Form 2070AC

R&D Tax Credit Form and Instructions

Del. Code tit. 30, § 2070

Delaware R&D credit statute

IRS Form 6765

Federal R&D credit form and instructions

IRC Section 41

Federal law defining qualified research activities

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Lucia Valenzuela

Chief Innovation Officer (CInO)

Lucia is the driving force behind the adoption of new technologies and services at our firm. She stays up to date on advancements and works with firm leadership to develop and implement strategic plans that align with our goal of enhancing the client and employee experience.

Lucia brings to James Moore a decade of experience and forward-thinking leadership in technology, public accounting and tax law matters. A trusted advisor in the field of R&D tax credits, she has successfully guided thousands of companies through the complexities of filing for that credit. Her other notable achievements include the market launch of revolutionary tax software and building a large specialty tax practice at a top 50 accounting firm.

Lucia’s knowledge of technology, strategic partnerships, teambuilding, public accounting and tax law provides our firm with a new and unique perspective on client service and operations. Outside of James Moore, Lucia is active in local bar associations and their respective boards. She also volunteers with Project Youth, Step-Up and other organizations focused on mentoring and empowering underprivileged youth in their journeys toward college.

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This information serves general educational purposes and does not constitute tax, legal, or accounting advice. Delaware's R&D Tax Credit program, including credit rates, eligibility thresholds, and filing requirements, is subject to change by the Delaware General Assembly and the Division of Revenue. Credit rates and small business thresholds reflect law under Del. Code tit. 30, § 2070 for tax periods after December 31, 2016. Federal R&D credit information reflects law as of May 2026. Consult qualified tax professionals before making decisions based on this information.

Last Updated: May 2026
Next Review: Quarterly or upon state or federal legislative or administrative changes