Delaware Due Diligence Review Summary

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Multi-State
Control #:
US-OG-454
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This form is a review summary for Due Diligence in the dealing with oil, gas or minerals.
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FAQ

Pursuant to Chapter 11 of Title 12 Section 1173 of Delaware's Abandoned or Unclaimed Property Laws, the Delaware Secretary of State is authorized to enter into unclaimed property voluntary disclosure agreements with holders of unclaimed property and settle past amounts due.

How long is the look-back period? The look-back period is 10 report years (or 15 transaction years as Delaware has a 5 year dormancy period for most property types) from the date the Holder enrolls in the VDA.

In both unclaimed property audits and the VDA program, Delaware state law requires a look-back period of 10 report years, plus the five-year dormancy period for most property types, which equates to a 15-year transactional review period.

In spite of fraudulent imitators, the state maintains an unclaimed property database on online at finance.delaware.gov. Residents can search the database for unclaimed property or call the Department of Finanice at 302-577-8220.

Most states have formal programs to allow non-registered taxpayers to disclose their sales tax liability in exchange for a limited look-back period and penalty relief, this is called a voluntary disclosure agreement or VDA.

See § 1145. The Revised Uniform Unclaimed Property Act (RUUPA) provides a five-year statutory period for all types of property if a holder files a return and a 10-year statute of repose.

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Delaware Due Diligence Review Summary