Short answer. All of it that your Delaware tax does not absorb. Under 30 Del. C. 2070(c), any credit above the tax is paid out as a refund, and since the 2016 repeal of sections 2074 and 2075 there is no statewide cap or proration to shrink it. The step that decides whether you see the money is Form BUS-RDC, which has to be filed with and approved by the Division of Revenue by September 15 after the tax year ends.

Key facts

Refundable share100% of the credit above the tax
Statewide cap or prorationNone for tax periods after 2016
Small businessAverage gross receipts under $26,071,000 (2025) or $26,767,000 (2026)
How to claimForm BUS-RDC, filed with and approved by the Division of Revenue
DeadlineSeptember 15 after the tax year ends
Statute30 Del. C. 2070(c)

Who gets the refund

Any company with qualifying Delaware research can receive cash, but small businesses get twice as much.

The refund is not limited to small companies or to a sector. What matters is where the work happens: the research has to be conducted in Delaware. A company incorporated in Delaware with its engineers in another state has no Delaware research to claim.

Size changes the amount. A small business, meaning average annual gross receipts under an indexed threshold of $26,071,000 for 2025 and $26,767,000 for 2026 (originally $20 million), doubles its credit. Most pre-profit SaaS companies fall well under that line.

How much comes back

The credit is calculated one of two ways, and whatever exceeds the tax is paid out.

The credit is 10 percent of the increase in Delaware research over a base, or 50 percent of the Delaware-apportioned federal alternative simplified credit. For a small business those become 20 percent and 100 percent. With no statewide cap or proration, the amount you compute is the amount in play, and the refund is not reduced because other companies claimed heavily that year.

An illustrative example with round numbers: a small SaaS company whose Delaware-apportioned federal alternative simplified credit is $30,000 takes 100 percent of it, a $30,000 Delaware credit. If it owes $2,000 of Delaware tax, the credit covers that $2,000 and the remaining $28,000 is paid as a refund. If it owes nothing, the full $30,000 comes back.

How and when to claim it

The claim runs on its own track, with a fixed date.

The credit is claimed on Form BUS-RDC. The form does not simply ride along with the return: it must be filed with the Division of Revenue and approved by September 15 after the tax year ends. For a calendar-year company, research done in 2026 has a September 15, 2027 date.

Because approval is part of the requirement, filing on September 14 leaves no room. Plan to have the credit computation and the supporting records finished well before the summer, so the Division has time to act.

What happens to the rest

With a fully refundable credit, there is no leftover to manage.

In most states, credit above the tax becomes a carryforward to track for years. In Delaware the excess is paid out under 30 Del. C. 2070(c), so a company that computes and files correctly ends the year with its credit either used against tax or received as cash. That makes the September 15 approval the one date that controls the value.

Why the records matter

A cash refund is paid on the documentation behind it, and the state can review it.

Delaware pays money out, so the research behind the credit has to hold up. The Delaware claim builds on the federal credit, whether through the apportioned alternative simplified credit or the incremental calculation, which means the federal record of qualified research is where the support starts.

R&D Binder produces the federal Section 41 documentation from your commit history and payroll that the Delaware credit rests on. Your CPA files Form BUS-RDC, and whether your facts qualify is your CPA's call.

Sources

Every claim on this page traces to a primary authority. Each source below is independent and verifiable.

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