From Wilmington and Dover to Newark and the beach towns, Delaware has a firm rule about card fees and tips, and no sales tax at all. We show you exactly what you pay and set it up correctly. No contracts, no cancellation fees.
Delaware's Department of Labor says employers may not withhold any part of credit card processing fees from employees' wages or tips, because tips are the employee's property, and any agreement that says otherwise is void (19 Del. C. 902(d) and 1107). That is stricter than the federal rule, which allows a proportional deduction on the tip portion.
Delaware has no sales tax, so a surcharge is not taxed at the register. Delaware does levy a gross receipts tax on the seller, with no deduction for expenses, so surcharge revenue is generally part of your gross receipts.
Delaware has no surcharge law of its own, so the card-brand rules apply: a cap of about 3 percent, customer notice, a separate line on the receipt and no surcharge on debit cards. No Delaware all-in pricing law covers card fees.
Delaware treats a tip as the employee's own property, so we configure tip payouts to reach your staff untouched and recover the card cost in your pricing instead: Dual Pricing, a surcharge within the card-brand rules, or transparent interchange-plus pricing. With no sales tax in Delaware, the receipt stays simple whichever you choose.
Check any state in our surcharge checker. Rules change, so we confirm the current position before configuring anything. This is general information, not legal advice.
Send one recent statement for a free statement review. We find your true effective rate, name every fee, and show where it can come down. Savings are estimates based on your own statement.
Where tips are the employee's property and there is no sales tax to add.
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