C.R.S. § 39-22-606 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-606
39-22-606. Failure by corporation to pay estimated income tax
Status: in_force

39-22-606. Failure by corporation to pay estimated income tax. (1) Every corporation subject to taxation under the provisions of this article and article 29 of this title shall make and file estimated payments in the amounts as specified in this section.

(2) As used in this section, unless the context otherwise requires:

(a) "Return" means a Colorado return required to be made or filed under section 39-22-601 or 39-29-112.

(b) "Tax" or "tax liability" means:

(I) (A) The tax imposed under this article; minus

(B) The credits against tax provided by this article. For purposes of this section, credits include all credits without regard to whether they are prepayment credits or refunds of excess state revenue; and

(II) (A) The tax imposed under article 29 of this title; minus

(B) The credits against tax provided by article 29 of this title other than the credit against tax for withholding provided pursuant to section 39-29-111. For purposes of this section, credits include all credits without regard to whether they are prepayment credits.

(3) (a) Except as otherwise provided in this section, in the case of any underpayment of estimated tax by a corporation, there shall be added to the tax under this article and article 29 of this title for the taxable year an amount determined by applying the rate of interest established under section 39-21-110.5 to the amount of the underpayment for the period of the underpayment.

(b) For purposes of this subsection (3), the amount of the underpayment shall be the excess of the required installment over the amount, if any, of the installment paid on or before the due date for the installment.

(c) The period of the underpayment shall run from the due date for the installment to whichever of the following dates is earlier:

(I) The fifteenth day of the fourth month following the close of the taxable year; or

(II) With respect to any portion of the underpayment, the date on which such portion is paid.

(d) For purposes of subparagraph (II) of paragraph (c) of this subsection (3), a payment of estimated tax shall be credited against unpaid required installments in the order in which such installments are required to be paid.

(4) (a) Except as otherwise set forth in paragraph (b) of this subsection (4), for purposes of this section, there shall be four required installments for each taxable year. The due dates for such installments shall be as follows:

Installment Due date

1st April 15

2nd June 15

3rd September 15

4th December 15

(b) (I) If the due date of any installment payment required pursuant to this section falls on a legal federal holiday, then the due date shall be delayed and due on the adjusted federal due date.

(II) On and after July 1, 2007, for purposes of this section, there shall be twelve installments for the tax imposed pursuant to section 39-29-105 for each taxable year. The due date for such installments shall be the fifteenth day of each month, and the installments shall be paid electronically. The department of revenue shall promulgate rules in accordance with article 4 of title 24, C.R.S., governing electronic payment.

(5) (a) For purposes of this section, the amount of the required installments set forth in paragraph (a) of subsection (4) of this section for the tax imposed under this article and for the tax imposed under article 29 of this title shall be twenty-five percent of the required annual payment for each such tax.

(a.5) On and after July 1, 2007, for purposes of this section, the amount of the required installments set forth in paragraph (b) of subsection (4) of this section for the tax imposed pursuant to section 39-29-105 shall be one-twelfth of the required annual payment for the tax.

(b) For purposes of paragraphs (a) and (a.5) of this subsection (5), "required annual payment" means the lesser of:

(I) Seventy percent of the taxpayer's actual Colorado tax liability shown on the return for the taxable year or, if no return is filed, seventy percent of the tax for such year; or

(II) (A) One hundred percent of the taxpayer's actual Colorado tax liability shown on the return of the corporation for the preceding taxable year.

(B) Sub-subparagraph (A) of this subparagraph (II) shall not apply if the preceding taxable year was not a taxable year of twelve months or if the taxpayer did not file a Colorado return for such preceding taxable year.

(c) (I) If the taxpayer is a large corporation as defined in section 6655 of the internal revenue code, sub-subparagraph (A) of subparagraph (II) of paragraph (b) of this subsection (5) shall not apply; except that the first required installment set forth in paragraph (a) of subsection (4) of this section for any taxable year may be based on twenty-five percent of the taxpayer's actual Colorado tax liability shown on the return of the corporation for the preceding year and except that the first required installment set forth in paragraph (b) of subsection (4) of this section for any taxable year may be based on one-twelfth of the taxpayer's actual Colorado tax liability shown on the return of the corporation for the preceding year. Any reduction in the first installment pursuant to this subparagraph (I) shall be recaptured by increasing the amount of the next required installment.

(II) For purposes of returns and estimated payments for the 2001 tax year, the limitation on the use of the preceding year's tax liability pursuant to subparagraph (I) of this paragraph (c) shall not apply.

(d) When the taxpayer has elected annualized installments or adjusted seasonal installments for the payment of federal income tax, the amount of the required installment pursuant to this section and the calculation of any addition to tax shall be determined under rules promulgated by the department of revenue.

(6) (a) (I) No addition to tax shall be imposed under subsection (3) of this section for any taxable year if the tax imposed under part 3 of this article shown on the return for such taxable year or, if no return is filed, the tax, is less than five thousand dollars.

(II) No addition to tax shall be imposed under subsection (3) of this section for any taxable year if the tax imposed under article 29 of this title shown on the return for such taxable year, or if no return is filed, the tax, reduced by the credit allowable under section 39-29-111, is less than five thousand dollars.

(b) No addition to tax shall be imposed under subsection (3) of this section with respect to any underpayment to the extent the executive director determines that the underpayment was due to good cause shown by the taxpayer.

(7) (a) Except as otherwise provided in paragraph (b) of this subsection (7), for purposes of applying this section, the amount of the credit allowed pursuant to section 39-29-111 for the taxable year shall be deemed a payment of estimated tax and an equal part of such amount shall be deemed paid on each due date for such taxable year.

(b) If the taxpayer establishes the dates on which all amounts were actually withheld, the amounts so withheld shall be deemed payments of estimated tax on the dates on which such amounts were actually withheld.

(8) (a) In applying this section to a taxable year beginning on any date other than January 1, the corresponding months shall be substituted for the months specified in this section.

(b) This section shall be applied to taxable years of less than twelve months in accordance with rules prescribed by the department of revenue.

(9) All of the provisions of this article, article 29 of this title, and article 21 of this title relating to the powers of the executive director for the administration, assessment, and enforcement of taxes required to be paid pursuant to said articles shall apply to the provisions of this section.

(10) The department of revenue shall prescribe such rules as may be necessary to carry out the provisions of this section. Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S.
C.R.S. § 39-23.5-115 — CO Code / Title 39 / Article 23.5 / Section 39-23.5-115
39-23.5-115. Administration by department - action for collection of tax - appeals - limitati
Status: in_force

39-23.5-115. Administration by department - action for collection of tax - appeals - limitations. (1) The department is charged with the administration and enforcement of this article and may promulgate such rules and regulations under the "State Administrative Procedure Act", article 4 of title 24, C.R.S., as may be required to effectuate the purposes of this article.

(2) The department is authorized to collect the tax provided for in this article, including applicable interest and penalties, and shall represent this state in all matters pertaining to the same, either before courts or in any other manner. The department may institute proceedings for the collection of this tax and any interest and penalties on the tax under the provisions of sections 24-4-106 and 24-35-109, C.R.S., or any other applicable law, in the probate court of Denver or in any other court of competent jurisdiction. The mailing of a notice of final agency action shall be considered a final agency action or a final order of such an agency for the purposes of judicial review under section 24-4-106, C.R.S., and such action or order shall become effective sixty days after the mailing of said notice. No distraint and sale proceedings under the provisions of section 24-35-109, C.R.S., shall be commenced until such final agency action or final order of such agency is no longer subject to judicial review under the provisions of section 24-4-106, C.R.S.

(3) Nothing in this article shall be construed to deny the right of appellate review as provided by law and the Colorado appellate rules.

(4) (a) As used in this subsection (4) and subsections (5) and (6) of this section, the term "tax" includes penalty.

(b) Except as otherwise provided in paragraphs (c) to (e) of this subsection (4) and subsection (6) of this section, the assessment of any tax imposed by this article shall be made within the later of either:

(I) Three years after the filing of the applicable Colorado return; or

(II) One year after the expiration of the period of time provided under the internal revenue code, together with any extensions and suspensions of such period under such code, for assessing a deficiency in the corresponding federal tax or changing the reported federal gross estate or generation-skipping transfer.

(c) Where, before the expiration of the period of limitations on assessment, both the department and the person required to file have consented in writing to an assessment after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.

(d) A written proposed adjustment by the department of any tax liability under this article sent to the person required to pay the tax or the representative of such person before the expiration of the period of limitation on assessment under this subsection (4) shall extend such period with respect to such proposed adjustment for one year after a final determination, with respect to such proposed adjustment, or assessment is made.

(e) In the event that a federal amended return is filed, the running of the period of limitations on assessment under this subsection (4) shall be suspended with respect to any additional tax due under this article by reason of such amended return until the date that an amended Colorado return with a true copy of such amended federal return is filed with the department of revenue as required by section 39-23.5-111 (1). In the event that a final determination of federal tax due is made, the running of the period of limitations on assessment under this subsection (4) shall be suspended with respect to any additional tax due under this article by reason of such determination until written notice of such determination, in the form required by regulation, is given to the department as required by subsection (2) of this section.

(f) For the purposes of this subsection (4) and section 39-23.5-112, a tax return filed before the last day prescribed by law or by regulation promulgated pursuant to law for the filing thereof shall be considered as filed on such last day.

(5) (a) Except as provided in paragraph (b) of this subsection (5) and subsection (6) of this section, an assessment of any tax imposed under this article having been made according to law shall be good and valid, and collection thereof and interest thereon may be enforced at any time within six years from the date of said assessment.

(b) The running of the period of limitations for collection of any such tax shall be suspended for the period of any extension of time for payment thereof under the provisions of section 39-23.5-108 (2).

(6) In the case of failure to file a return or the filing of a false or fraudulent return with the intent to evade tax, the tax may be assessed and collected at any time.

(7) In the event that the federal tax authorities collect or otherwise receive payment of the gross federal tax with respect to which the federal credit would be allowable but for the failure to pay the amount of such federal credit to the department as tax under this article by the person required to file the return or to provide such authorities with acceptable proof of such payment, the Denver probate court or other court of competent jurisdiction shall, on motion of the department:

(a) Order such person to secure the refund of the amount of tax from the federal tax authorities attributable to such federal credit on the behalf of the department in payment of the tax under this article; or

(b) Appoint any qualified person or the department as special administrator for the purpose of securing such refund on behalf of the department in payment of the tax under this article.
C.R.S. § 39-26-802 — CO Code / Title 39 / Article 26 / Part 8 / Section 39-26-802
39-26-802. Sales and use tax simplification task force - creation - definitions - repeal
Status: repealed

39-26-802. Sales and use tax simplification task force - creation - definitions - repeal. (1) (a) (I) Notwithstanding section 2-3-303.3, there is created the sales and use tax simplification task force, referred to in this part 8 as the "task force". The task force shall meet as necessary during any legislative session or any interim between legislative sessions to study the necessary components of a simplified sales and use tax system and a simplified local lodging tax system for both the state and local governments, including home rule municipalities and counties.

(II) Repealed.

(a.5) As used in this section, unless the context otherwise requires:

(I) "Electronic sales and use tax simplification system" means the electronic system described in section 39-26-802.7 for the collection and remittance of sales and use taxes.

(II) "Local lodging tax" means:

(A) A tax imposed by a local marketing district pursuant to section 29-25-112 (1)(a) or by a county pursuant to section 30-11-107.5; and

(B) Any other tax or fee that is imposed upon the transaction of furnishing rooms or accommodations in exchange for consideration and that is not a tax specified in subsection (1)(a.5)(II)(A) of this section whether imposed upon the lessor or the lessee.

(b) (I) The task force shall study both sales and use tax simplification between the state and local governments, including home rule municipalities, and local lodging tax simplification to identify opportunities and challenges within existing fiscal frameworks to adopt "feasible solutions", which are solutions that are practical, revenue-neutral, and do not require constitutional amendments or voter approval.

(II) The task force shall consider whether there are feasible solutions for:

(A) Making audits of retailers more uniform for all state and local taxing jurisdictions in the state;

(B) The utilization of a single sales and use tax return for state and local taxing jurisdictions as a part of the sales and use tax simplification system described in Senate Bill 19-006, enacted in 2019;

(C) Streamlining the requirements for state and local sales tax licenses, use tax licenses, and business licenses used for purposes of collecting sales and use taxes;

(D) Making uniform and possibly increasing the filing threshold amount for monthly sales tax filings between the state and local governments, including home rule municipalities;

(E) Simplifying use taxes levied by the state and local governments, including home rule municipalities;

(F) Streamlining and possibly making uniform the state and local sales tax exemptions for medical devices, including reviewing best practices among states in this area;

(G) Simplifying the process by which state and local sales and use taxes are collected for the purchase of a motor vehicle;

(H) Simplifying the issuance of local building permits and the levying of use tax on building materials and on mobile and small mobile construction equipment;

(I) Simplifying the process to claim and administer the various state sales and use tax exemptions;

(J) Simplifying the sales tax collection and remittance requirements for nonprofit organizations;

(K) Simplifying local lodging taxes levied by local governments, including home rule municipalities; and

(L) Adding the acceptance of returns and processing payment of any local lodging tax to the electronic sales and use tax simplification system or, alternatively, creating an electronic local lodging tax system that is a one-stop portal designed to facilitate the collection and remittance of local lodging taxes in the same manner in which the electronic sales and use tax simplification system facilitates the collection and remittance of local sales and use taxes.

(III) The task force shall:

(A) Seek regular updates from the office of information technology and the department of revenue regarding the development of the electronic sales and use tax simplification system described in Senate Bill 19-006, enacted in 2019;

(B) Once the electronic sales and use tax simplification system described in Senate Bill 19-006, enacted in 2019, is online, monitor and encourage participation by businesses and home rule municipalities;

(C) Seek regular updates from the office of information technology and the department of revenue regarding the purchase and development of a geographic information system (GIS) database to maintain jurisdictional boundaries of sales tax districts and to calculate appropriate sales and use tax rates for individual addresses for which the department of revenue received an appropriation in Senate Bill 19-006, enacted in 2019;

(D) Review the way in which special districts and specially assessed sales taxes add to the complexity of the state's sales and use tax structure, including, at minimum, the regional transportation district, the scientific and cultural facilities district, any local improvement districts, any regional transportation authority, any multi-jurisdictional housing authority, and any health services district, and any mass transportation system tax, public safety improvement tax, metropolitan district tax, and local lodging tax;

(E) Review and compare the state's sales and use tax definitions with the standard sales tax definitions developed and adopted by local taxing jurisdictions pursuant to Senate Joint Resolution 14-038, enacted in 2014, to determine if any simplification might be achieved between the two sets of definitions;

(F) Examine the effects of the changes to the vendor fee implemented pursuant to House Bill 19-1245, enacted in 2019;

(G) Review any evaluations of sales and use tax expenditures prepared by the office of the state auditor that are completed pursuant to section 39-21-305, unless a tax commission, legislative interim study committee, or other type of legislative committee, task force, or study group is formed to review such evaluations. If a tax commission, legislative interim study committee, or other type of legislative committee, task force, or study group is formed to review such evaluations, the task force shall seek regular updates from such commission or committee regarding any decisions that such commission or committee might make related to any sales or use tax expenditure evaluated by the office of the state auditor.

(H) Explore options for eliminating a department of revenue requirement for taxpayers to use branch ID reporting;

(I) Determine whether the state should adopt a sales tax exemption for an isolated or occasional sale of a business in an asset sale;

(J) Regularly review the business impact of the destination sourcing rules set forth in section 39-26-104 (3), including the thresholds that trigger the requirement for destination sourcing; and

(K) Analyze or review any other relevant topic related to the simplification of sales and use tax administration in the state.

(c) (I) In the 2024 interim, the task force:

(A) Shall receive testimony at each meeting from industry stakeholders regarding the status of conversations and the feasibility for the electronic collection and remittance of local lodging taxes described in subsection (1)(b)(II)(L) of this section; and

(B) May recommend legislation to be considered during the first regular session of the seventy-fifth general assembly to implement or create an electronic system for collection and remittance of local lodging taxes described in subsection (1)(b)(II)(L) of this section.

(II) This subsection (1)(c) is repealed, effective July 1, 2026.

(2) The task force consists of:

(a) Two members from the house of representatives, one appointed by the speaker of the house of representatives and one appointed by the minority leader of the house of representatives;

(b) Two members from the senate, one appointed by the president of the senate and one appointed by the minority leader of the senate;

(c) A representative of the department of revenue who is well versed in sales and use tax collection and distribution issues and who is knowledgeable of the policy statements and resolutions regarding sales and use tax collection and uniformity of the multistate tax commission, of which Colorado is a member;

(d) A representative of the Colorado municipal league;

(e) A representative of Colorado counties, incorporated;

(f) A member of a statewide association of small businesses that is addressing the simplification of sales and use tax collection, appointed by the governor;

(g) A member of the statewide chamber of commerce, appointed by the governor;

(h) A state and local sales and use tax law practitioner who is not employed by a home rule or statutory city or city and county, appointed by the governor;

(i) A member with state and local sales and use tax accounting experience who is not employed by a home rule or statutory city or city and county, appointed by the governor; and

(j) One manager, mayor, council-person, finance officer, or tax administrator of a home rule or statutory city or city and county, appointed by the Colorado municipal league from each of its four population membership categories, according to its bylaws.

(2.5) (a) All appointments described in subsection (2) of this section must be made no later than June 1, 2021, and each June 1 thereafter. Members of the task force serve at the pleasure of the applicable appointing authority or until the member no longer serves in the position for which he or she was appointed to the task force, at which time a vacancy is deemed to exist on the task force. If a vacancy arises on the task force, the appropriate appointing authority shall appoint a replacement member that meets the requirements set forth in subsection (2) of this section for the vacant position.

(b) Starting in 2021, the task force shall elect a chair and a vice-chair at the first meeting held on or before July 16, 2021. The chair and vice-chair appointments must alternate between a member from the house of representatives and a member from the senate with the first chair being from the senate and the first vice-chair being from the house of representatives. The person serving as chair, or a member of the same house if such person is no longer a member thereof, shall serve as vice-chair during the next legislative session, and the person serving as vice-chair, or a member of the same house if such person is no longer a member thereof, shall serve as chair during the next legislative session.

(3) Starting in 2021, the task force shall meet at least eight times, with the first meeting occurring no later than July 16, 2021. Task force meetings shall be open to the public and the task force shall solicit the testimony of the members of the public.

(4) (a) The members of the task force appointed pursuant to subsections (2)(a) and (2)(b) of this section are entitled to receive compensation and reimbursement of expenses as provided in section 2-2-326.

(b) The legislative council staff and the office of legislative legal services shall be available to assist the task force in carrying out its duties.

(5) No later than November 1, 2021, and no later than each November 1 thereafter, the task force shall make a report to the legislative council created in section 2-3-301 that may or may not include recommendations for legislation.
C.R.S. § 39-22-105 — CO Code / Title 39 / Article 22 / Part 1 / Section 39-22-105
39-22-105. Alternative minimum tax
Status: in_force

39-22-105. Alternative minimum tax. (1) With respect to each taxable year commencing on or after January 1, 1987, but prior to January 1, 2000, for every individual, estate, and trust, in addition to the tax imposed in section 39-22-104, a tax is imposed in an amount equal to the excess of:

(a) Three and seventy-five one-hundredths percent of the Colorado alternative minimum taxable income, as determined pursuant to subsection (2) of this section; over

(b) The tax imposed in section 39-22-104.

(1.5) With respect to each taxable year commencing on or after January 1, 2000, for every individual, estate, and trust, in addition to the tax imposed in section 39-22-104, a tax is imposed in an amount equal to the excess of:

(a) Three and forty-seven one-hundredths percent of the Colorado alternative minimum taxable income, as determined pursuant to subsection (2) of this section; over

(b) The tax imposed in section 39-22-104.

(2) (a) The Colorado alternative minimum taxable income shall be the federal alternative minimum taxable income, as determined pursuant to section 55 of the internal revenue code, minus the applicable federal exemptions allowed pursuant to such section, with the modifications provided in section 39-22-104; except that any state or local bond interest included in the federal alternative minimum taxable income shall not be added back in determining the Colorado alternative minimum taxable income, and any interest income from obligations of the state of Colorado or any political subdivision thereof which is exempt from the Colorado tax imposed pursuant to the provisions of section 39-22-104 (3)(b) shall be subtracted from the federal alternative minimum taxable income to the extent included therein in determining Colorado alternative minimum taxable income.

(b) In any case, should the tax determined under the provisions of this section for a taxable year beginning on or after January 1, 1987, but before January 1, 1988, exceed the tax imposed by this section as it existed on June 22, 1987, then only the smaller tax shall apply.

(3) (a) For taxable years beginning on or after January 1, 1988, but prior to January 1, 2000, each individual, estate, and trust shall be allowed a credit against the tax imposed by this part 1 in an amount equal to eighteen percent of the credit allowed for the same tax year by section 53 of the internal revenue code.

(b) For taxable years beginning on or after January 1, 2000, each individual, estate, and trust shall be allowed a credit against the tax imposed by this part 1 in an amount equal to twelve percent of the credit allowed for the same tax year by section 53 of the internal revenue code.

(4) In the case of a nonresident taxpayer, the tax imposed by subsections (1) and (1.5) of this section and the credit allowed by subsection (3) of this section shall be apportioned in the ratio of the modified federal alternative minimum taxable income from Colorado sources over the total modified federal alternative minimum taxable income.
C.R.S. § 39-22-537.5 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-537.5
39-22-537.5. Credit for personal property taxes paid - legislative declaration - definitions
Status: in_force

39-22-537.5. Credit for personal property taxes paid - legislative declaration - definitions - repeal. (1) The general assembly declares that the purpose of the tax expenditure in this section is to minimize the negative impact of the business personal property tax on businesses.

(2) As used in this section, unless the context otherwise requires:

(a) "Property tax" means the ad valorem tax imposed pursuant to section 3 of article X of the state constitution but does not include public utilities assessed pursuant to section 39-4-102, and does not include the graduated annual specific ownership tax imposed pursuant to section 6 of article X of the state constitution.

(b) "Taxpayer" includes an organization exempt from federal taxation pursuant to section 501 (c) of the internal revenue code.

(3) (a) For income tax years commencing on or after January 1, 2019, a taxpayer is allowed a credit against the tax imposed by this article 22 equal to the property tax paid in Colorado during the income tax year on up to eighteen thousand dollars of the total actual value of the taxpayer's personal property.

(b) A taxpayer may not claim a tax credit under this section for the payment of delinquent property taxes that were owed for a prior property tax year.

(c) The amount of the credit under this section that exceeds the taxpayer's income taxes due is refunded to the taxpayer.

(4) To claim a credit under this section, a taxpayer must submit to the department of revenue a copy of a property tax statement described in section 39-10-103 for all of the taxpayer's personal property for the property tax year for which the credit is claimed.
C.R.S. § 39-28-304 — CO Code / Title 39 / Article 28 / Part 3 / Section 39-28-304
39-28-304. Agent for service of process
Status: in_force

39-28-304. Agent for service of process. (1) A nonresident or foreign nonparticipating manufacturer that has not registered to do business in the state as a foreign corporation or business entity shall, as a condition precedent to having its brand families listed or retained in the directory, appoint and continually engage without interruption the services of an agent in the state to act as an agent for the service of process on whom all process, and any action or proceeding against the nonparticipating manufacturer concerning or arising out of the enforcement of this part 3 and the tobacco escrow funds act, may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number, and proof of the appointment and availability of the agent to and to the satisfaction of the executive director of the department and the attorney general.

(2) A nonparticipating manufacturer shall provide notice to the executive director of the department and the attorney general at least thirty calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the attorney general of the appointment of a new agent at least five calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the executive director and the attorney general of the termination within five calendar days and shall include proof to the satisfaction of the attorney general of the appointment of a new agent.

(3) A nonparticipating manufacturer whose products are sold in this state without appointing or designating an agent as herein required shall be deemed to have appointed the secretary of state as the agent and may be proceeded against in the courts of this state by service of process upon the secretary of state. However, the appointment of the secretary of state as the agent shall not satisfy the condition precedent to having the nonparticipating manufacturer's brand families listed or retained in the directory.
C.R.S. § 39-6-113 — CO Code / Title 39 / Article 6 / Section 39-6-113
39-6-113. Mine in more than one county
Status: in_force

39-6-113. Mine in more than one county. (1) (a) Whenever a mine is situated partly in one county and partly in another county or counties or in lesser political subdivisions, a copy of the statement provided for in section 39-6-106, together with a copy of a list of all machinery and equipment located within the mine, if the mine is a producing mine, shall be filed with the assessor of each such county. Any such producing mine shall be valued for assessment in accordance with the provisions of section 39-6-106 (2) at an amount agreed upon by the assessors of such counties, and, in the case of any appeal of a protest of such valuation in either or both counties, the county boards of equalization of such counties shall confer and attempt to reach agreement on the valuation.

(b) If the mine is not a producing mine, all machinery and equipment located within the mine shall nevertheless be valued at an amount agreed upon by the assessors of such counties and apportioned between such counties by allocating the total value thereof between such counties or lesser political subdivisions in the proportion that the acreage of all the mining property of the mine, determined as provided for in sections 39-6-103 and 39-6-106, within such county or lesser political subdivision bears to the total acreage thereof as so determined, as if the mine were itself a producing mine.

(2) Whenever any producing mine, worked or operated by means of an integrated mining system and comprised of consolidated mining property, is situated partly in one county and partly in another county or counties or in lesser political subdivisions, the valuation thereof and of all machinery and equipment located within or upon the mine shall be apportioned between such counties or lesser political subdivisions in the proportion that the acreage of all the mining property of the mine, determined as provided for in sections 39-6-103 and 39-6-106, within such county or lesser political subdivision bears to the total acreage thereof as so determined. The assessor of each county shall list and value for assessment the portion of such mine which is situated in such county at the amount determined for such portion by such apportionment, and taxes levied on such valuation for assessment by the board of county commissioners of such county shall be collected by the treasurer of such county as provided by law.

(3) Where a mine is situated partly in one county and partly in another county or counties or in lesser political subdivisions, the owner, operator, or manager thereof shall, no later than April 15 of each year, prepare and file with the assessor of each such county a statement showing the number of acres within each such county contained in the lands comprising the mining property of the mine, determined as provided for in sections 39-6-103 and 39-6-106, but the statement need not be filed if no changes have occurred since such a statement was filed.

(4) (a) Nothing in subsection (3) of this section shall be construed to require the owner, operator, or manager of a mine to file an additional statement if the statement filed pursuant to section 39-6-106 sets forth the number of acres of the mine in each county.

(b) Nothing in subsection (3) of this section shall be construed to relieve the owner, operator, or manager of a mine from any reporting responsibilities imposed under section 39-6-106, including the required contents of the statement filed with the assessor.
C.R.S. § 39-37-103 — CO Code / Title 39 / Article 37 / Part 1 / Section 39-37-103
39-37-103. Definitions
Status: in_force

39-37-103. Definitions. As used in this article 37, unless the context otherwise requires:

(1) "Ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.

(2) "Ammunition vendor" means any person who engages in any retail sale of ammunition to a consumer in this state.

(3) "Doing business in this state" means the selling, leasing, or delivering in this state, or any activity in this state in connection with the selling, leasing, or delivering in this state, of firearms, firearms precursor parts, or ammunition by a retail sale, for use, storage, distribution, or consumption, within this state by a person who:

(a) Maintains within this state, directly or indirectly or by a subsidiary, an office, distribution facility, salesroom, warehouse, storage place, or other similar place of business, including the employment of a resident of this state who works from a home office in this state; or

(b) Solicits, either by direct representatives, by indirect representatives, by manufacturers' agents, by distribution of catalogues or other advertising, by use of any communication media, or by use of the newspaper, radio, or television advertising media, or by any other means whatsoever, business from persons residing in this state and by reason thereof receiving orders from, or selling or leasing tangible personal property to, such persons residing in this state for use, consumption, distribution, and storage, for use or consumption in this state during the following periods:

(I) An entire calendar year if, in the previous calendar year, the person has made retail sales of firearms, firearms precursor parts, or ammunition in this state exceeding twenty thousand dollars; or

(II) On and after the first day of the month after the ninetieth day after the person has made retail sales of firearms, firearms precursor parts, or ammunition in this state in the current calendar year that exceed twenty thousand dollars.

(4) "Excise tax" or "tax" means the tax imposed by this article 37.

(5) "Executive director" means the executive director of the department of revenue.

(6) "Firearm" or "gun" means a firearm as defined in section 18-12-101 (1)(b.7) and any instrument or device described in section 18-1-901 (3)(h), 18-12-401 (1)(a), or 18-12-506 (2).

(7) "Firearm precursor part" or "gun precursor part" means:

(a) An unfinished frame or receiver as defined in section 18-12-101 (1)(l);

(b) A fire control component as defined in section 18-12-101 (1)(c.3);

(c) A device marketed or sold to the public that is designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm if the device is:

(I) Reasonably designed or intended to be used to increase a firearm's rate of fire, concealability, magazine capacity, or destructive capacity; or

(II) Reasonably designed or intended to be used to increase a firearm's stability and handling when the firearm is repeatedly fired; or

(d) Any machine or device that is marketed or sold to the public that is reasonably designed or intended to be used to manufacture or produce a firearm.

(8) "Firearms dealer" or "gun dealer" means any person who is a federally licensed firearms dealer as defined in section 18-12-101 (1)(b.4) or a licensed gun dealer as defined in section 18-12-506 (6).

(9) "Firearms manufacturer" or "gun manufacturer" means any person who is licensed to manufacture firearms or ammunition pursuant to 18 U.S.C. sec. 921 et seq. and who engages in any retail sale of a firearm, firearm precursor part, or ammunition to a consumer in this state.

(10) "Fund" means the firearms and ammunition excise tax cash fund created in section 39-37-301 (1)(a).

(11) (a) "Law enforcement agency" means a department or agency of the state or of a county, city, city and county, or town within the state that employs at least one peace officer who is authorized to carry a firearm while on duty.

(b) "Law enforcement agency" includes a federal law enforcement agency and a tribal law enforcement agency.

(12) "Net taxable sales" means the aggregate purchase price received or due in money, credits, or property, or other consideration valued in money from all retail sales within this state, and embraced within the provisions of this article 37, less deductions for:

(a) An amount equal to the purchase price of property exempt from tax pursuant to section 39-37-105;

(b) An amount equal to the purchase price of property returned by the purchaser when the full sale price thereof is refunded whether in cash or by credit; and

(c) An amount equal to the purchase price of property sold on account found to be worthless and actually charged off by the taxpayer for income tax purposes, but if any such accounts are thereafter collected by the taxpayer, a tax shall be paid upon the amounts collected.

(13) (a) "Peace officer" means a certified peace officer described in section 16-2.5-102.

(b) "Peace officer" includes a police officer or criminal investigator employed by a federal or tribal law enforcement agency and a qualified retired law enforcement officer, as defined in 18 U.S.C. sec. 926C (c).

(14) "Person" has the same meaning as set forth in section 39-26-102 (6.3).

(15) (a) "Purchase price" means the aggregate consideration valued in money paid or delivered or promised to be paid or delivered by the user or consumer in consummation of a sale, exclusive of:

(I) The excise tax;

(II) Any direct tax imposed by the federal government;

(III) Any sales or use tax imposed by this state or by any political subdivision thereof;

(IV) Any retail delivery fee and enterprise retail delivery fees imposed or collected as specified in section 43-4-218;

(V) Another tax or fee imposed by a governmental entity that is collected at the same time as the excise tax.

(b) For purposes of this article 37, "purchase price" includes the full purchase price of the firearm, firearm precursor part, or ammunition sold after manufacture or after having been made to order and includes the full purchase price for material used and the service performed in connection therewith, and the profit thereon, included in the price charged to the user or consumer.

(16) "Retail sale" means all sales made within this state except wholesale sales.

(17) "Sale" means the acquisition for any consideration by any person of a firearm, firearm precursor part, or ammunition subject to the excise tax including installment and credit sales and the exchange of such property as well as the sale thereof for money and every such transaction, conditional or otherwise, for a consideration constituting a sale.

(18) "Vendor" means a person doing business in this state as an ammunition vendor, a firearms dealer, or a firearms manufacturer or any combination thereof.

(19) "Wholesaler" means a person doing a regularly organized wholesale or jobbing business and known to the trade as such and selling to retail merchants, jobbers, dealers, or other wholesalers, for the purpose of resale.

(20) (a) "Wholesale sale" means:

(I) A sale by a wholesaler to a vendor or other wholesaler for resale; or

(II) A sale to a person engaged in the business of manufacturing, compounding, or furnishing for sale, profit, or use any property which enters into the processing of or becomes an ingredient or component part of the product which is manufactured, compounded, or furnished.

(b) "Wholesale sale" does not include a sale by a wholesaler to a user or consumer not for resale.
C.R.S. § 39-21-302 — CO Code / Title 39 / Article 21 / Part 3 / Section 39-21-302
39-21-302. Definitions
Status: in_force

39-21-302. Definitions. As used in this part 3, unless the context otherwise requires:

(1) "Colorado tax profile study 2001" means the "Colorado Tax Profile Study 2001 and Statistics of Income" prepared in May 2004 by the office of research and analysis in the department for the individual income tax returns tax year 2000 and the corporate income tax returns filed in fiscal year 2002.

(1.3) "Evaluation report" means the evaluation report that the state auditor is required to prepare pursuant to section 39-21-305.

(1.5) "State auditor" means the state auditor described in section 2-3-102, C.R.S.

(2) "Tax expenditure" means a tax provision that provides a gross or taxable income definition, deduction, exemption, credit, or rate for certain persons, types of income, transactions, or property that results in reduced tax revenue.

(3) "Tax profile and expenditure report" or "report" means the biennial report that the department is required to prepare pursuant to section 39-21-303 (1).
C.R.S. § 39-10-116 — CO Code / Title 39 / Article 10 / Section 39-10-116
39-10-116. Civil penalty for checks not paid upon presentment
Status: in_force

39-10-116. Civil penalty for checks not paid upon presentment. The treasurer shall assess a penalty up to the amount authorized in section 13-21-109 (1)(b), C.R.S., against any person who issues a check to the treasurer in payment of taxes, interest, fees, or other charges collectible by the treasurer that is not paid upon its presentment. The penalty provided in this section shall be assessed in addition to any other penalties or interest provided by law.
C.R.S. § 39-4-105 — CO Code / Title 39 / Article 4 / Section 39-4-105
39-4-105. Production of records
Status: in_force

39-4-105. Production of records. By order or subpoena, the administrator may require the production of any books, accounts, or records of any public utility doing business in this state, or verified copies of the same, for examination, and any public utility failing or refusing to comply with any such order or subpoena shall forfeit and pay to the state the sum of one hundred dollars for each day it so fails or refuses.
C.R.S. § 39-10-103 — CO Code / Title 39 / Article 10 / Section 39-10-103
39-10-103. Tax statement - repeal
Status: repealed

39-10-103. Tax statement - repeal. (1) (a) As soon as practicable after January 1, the treasurer shall, at the treasurer's discretion, mail or send electronic notification to each person whose name appears on the tax list and warrant a statement or true and actual notice of electronic statement availability, as applicable, showing the total amount of taxes payable by such person, which statement shall separately list the amount of taxes levied on real and personal property and shall recite the actual value of the property and the amount of valuation for assessment upon which such taxes were levied. If any of the personal property upon which taxes are to be levied is a mobile home, the tax statement shall contain the following notice: "This property may not be moved without a valid permit or prorated tax receipt and a transportable manufactured home permit from the county treasurer's office. Violators shall be prosecuted." Failure of any person to receive such statement or true and actual notice of an electronic statement, as applicable, shall not preclude collection by the treasurer of the amount of taxes due from and payable by such person. Such statement shall include a notice that, if such person desires a receipt for payment of taxes, the person shall request such receipt. The statement may also state what each mill levy would have been for each taxing district for the prior tax year based upon the current year's valuation for assessment.

(b) On and after January 1, 1988, each taxpayer's statement required by paragraph (a) of this subsection (1) shall also separately list the mill levies and the amount of taxes to be credited to the county, municipalities, school districts, special districts, and other districts within the county which are applicable to his property. This paragraph (b) shall be applicable for statements for 1987 taxes payable in 1988 and for each statement thereafter.

(c) (I) For the property tax year commencing on January 1, 2023, the treasurer shall mail the statement as soon as practicable after January 24, 2024.

(II) This subsection (1)(c) is repealed, effective July 1, 2025.

(d) For property tax years commencing on or after January 1, 2025, the treasurer shall not include the amount of valuation for assessment upon which taxes are levied upon the taxpayer.

(2) Each tax notice must contain information regarding the actual school district general fund mill levy and the school district general fund mill levy in absence of funds estimated to be received by school districts pursuant to the "Public School Finance Act of 2025", article 54 of title 22, and the estimated funds to be received for the general funds of districts from the state.

(3) Repealed.

(4) Notwithstanding any other provision of law, a taxpayer may request to receive by electronic transmission the statement required by subsection (1) of this section. The taxpayer shall submit along with the request an electronic address to which the treasurer may send future statements. The treasurer, upon receipt of such request by a taxpayer to receive statements electronically, may send all future statements by electronic transmission to the electronic address supplied by the taxpayer; except that, if a taxpayer subsequently requests to cease the electronic transmission of such statements and requests to receive future statements by mail, the treasurer shall comply with the request. Failure of a taxpayer to receive the electronic statement shall not preclude collection by the treasurer of the amount of taxes due from and payable by the taxpayer.
C.R.S. § 39-22-552 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-552
39-22-552. Tax credit for expenditures made in connection with a geothermal energy project
Status: repealed

39-22-552. Tax credit for expenditures made in connection with a geothermal energy project - tax preference performance statement - legislative declaration - definitions - repeal. (1) (a) In accordance with section 39-21-304 (1), which requires each bill that creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that the purpose of the tax credit provided in this section is to induce certain designated behavior by taxpayers and to provide a reduction in income tax liability for certain businesses or individuals by providing a financial incentive for the development of thermal energy networks, electricity generation from geothermal sources.

(b) The general assembly and the state auditor shall measure the effectiveness of the credit in achieving the purpose specified in subsection (1)(a) of this section based on the number and value of the credits claimed.

(2) Definitions. As used in this section, unless the context otherwise requires:

(a) (I) "Applicable amount" means, except as provided in subsection (2)(a)(II) of this section, an amount of tax credit not to exceed thirty percent of a qualified expenditure by an eligible taxpayer that is allowed pursuant to this section as set by the office in accordance with subsection (4)(c) of this section.

(II) The office may, on a case-by-case basis, determine that the applicable amount may be increased to an amount not to exceed fifty percent of a qualified expenditure by an eligible taxpayer if the office determines that a geothermal energy project has significant potential to result in geothermal electricity production or technological demonstration of geothermal electricity production.

(b) "Approved geothermal energy project" means a geothermal energy project that has been approved to receive qualified expenditures by the office pursuant to the standards developed by the office in accordance with subsection (5) of this section.

(c) "Colorado energy office" or "office" means the Colorado energy office created in section 24-38.5-101.

(d) "Department" means the department of revenue.

(e) "Eligible taxpayer" means any of the following people or entities that made a qualified expenditure:

(I) A person engaged in a trade or business that is subject to tax pursuant to this article 22;

(II) A person or political subdivision of this state that is exempt from tax pursuant to section 39-22-112 (1); or

(III) A tribal government.

(f) "Geothermal electricity project" or "project" means a project in the state that is intended to evaluate and develop a geothermal resource for the purpose of electricity production, that meets the standards developed pursuant to subsection (5) of this section, and that involves any of the following:

(I) The exploration and development of wells;

(II) Drilling exploration and confirmation wells;

(III) The use of any heat extracted with produced fluids in an oil and gas operation if the heat is only utilized to reduce emissions from the operation in the same location as the well from which it was produced and would otherwise not be economically feasible as a stand-alone geothermal energy project;

(IV) Drilling injection wells;

(V) Flow testing;

(VI) Reservoir engineering;

(VII) Geothermal energy storage;

(VIII) Coproduction of geothermal energy including for industrial uses or thermal energy networks;

(IX) Power generation equipment; or

(X) Studies to identify and explore resources that may be suitable for geothermal electricity generation and may include hydrogen generation or utilization of direct air capture technology.

(f.5) "Geothermal energy project" means a geothermal electricity project, thermal energy network, or a thermal energy network study.

(g) "Qualified expenditure" means the total monetary cost approved by the office and expended on or after January 1, 2024, but before January 1, 2033, by an eligible taxpayer in connection with an approved geothermal energy project in the tax year for which the credit allowed in this section is claimed.

(h) "Thermal energy network" has the same meaning as set forth in section 39-22-554 (2)(n).

(i) "Thermal energy network study" means an energy and emissions scoping study, a feasibility study, an investment grade energy audit, a detailed engineering design, or a combination of these options that meets or exceeds the standards established by the office.

(j) "Tribal government" means a federally recognized Indian tribe, including its business operations and wholly owned entities, with reservation lands within the state of Colorado or operating within the state.

(3) (a) For income tax years commencing on or after January 1, 2024, but before January 1, 2033, an eligible taxpayer that makes a qualified expenditure is allowed a credit against the tax imposed under this article 22 in the applicable amount and subject to the limitations set forth in subsection (3)(b) of this section.

(b) An eligible taxpayer is not allowed a tax credit pursuant to this section in an aggregate amount of more than five million dollars in tax credits for all income tax years for which the tax credit may be claimed pursuant to this section per approved geothermal energy project.

(4) (a) An eligible taxpayer shall submit an application in a form and manner determined by the office for a tax credit certificate for the credit allowed in this section. The application must include:

(I) Information sufficient for the office to evaluate the geothermal energy project for which the eligible taxpayer proposes making an expenditure and to approve the project if the project has not been previously approved by the office;

(II) Information related to the specific costs associated with the proposed expenditure;

(III) Estimated timing for the proposed expenditure to be made by the eligible taxpayer;

(IV) The amount of credit requested; and

(V) Any other information as specified in the standards set forth by the office.

(b) (I) The office shall accept applications through June 30, 2024, and semi-annually through each December 31 and June 30 thereafter, through June 30, 2032.

(II) (A) The office shall review applications and documentation provided pursuant to subsection (4)(a) of this section to determine whether the application and documentation are complete and in compliance with the requirements of this section and the standards established by the office.

(B) If the office determines that the application and documentation are complete and in compliance with the requirements of this section and the standards established by the office, the office shall add the application to the evaluation pool for the application period.

(C) If the office determines that the application or documentation, or both, are not complete or do not comply with the requirements of this section or the standards established by the office, the office shall remove the application from the review process and notify the taxpayer in writing of its decision. A taxpayer may resubmit a disapproved application and documentation to be evaluated in a future application period.

(c) (I) (A) For each application period, the office shall conduct a merit-based evaluation of the application in the evaluation pool. The office shall complete its review and award reservations within ninety days after the end of the application period.

(B) Based upon the totality of the factors set forth in subsection (4)(d) of this section and based on considerations required for geothermal energy projects as set forth in subsection (5) of this section, which the office may weigh equally or differently, the office shall determine an applicable amount of credit that may be reserved for the benefit of the eligible taxpayer which may be all, part, or none of the credit amount requested in the eligible taxpayer's application; except that the office shall not reserve an amount in excess of the limitations set forth in subsection (3)(b) of this section, and the aggregate amount of credits reserved for all owners must not exceed thirty-five million dollars for all taxpayers in all years the credit is allowed.

(C) The office may reserve credits for the current or any future tax year based upon the anticipated timing of the expenditure; except that credits may not be reserved for an expenditure that is made prior to the end of the application period. The office shall not reserve credits for any tax year beginning on or after January 1, 2033.

(II) (A) If the office reserves credits for the benefit of an eligible taxpayer pursuant to subsection (4)(c)(I) of this section, the office shall notify the owner of the reservation and the amount reserved.

(B) The office shall notify any taxpayer for which it reserved no credit pursuant to subsection (4)(c)(I) of this section of its decision in writing.

(C) If the office reserves less than the full amount of credit requested by the taxpayer, the taxpayer may submit a new application for the remaining balance up to the limitation of the credit set forth in subsection (3)(b) of this section.

(d) In conducting the merit-based review pursuant to subsection (4)(c) of this section, the office shall consider the following factors in addition to any other factors that the office may establish in its standards:

(I) The workforce development and geothermal sector growth that the expenditure in the project will promote, including supporting workforce transition;

(II) Whether the project the expenditure is made in connection with demonstrates effective and unique technology and circumstances that are supported by public outreach and education;

(III) Demonstration of community resilience through utilization of geothermal energy in support of building heating and cooling decarbonization or enhancement of electric grid resiliency, including for dispatchability and energy storage, especially for rural or isolated communities; and

(IV) Whether the project the expenditure is made in connection with serves a disproportionately impacted community or a just transition community or is within a non-attainment area.

(e) The reservation of tax credits does not entitle an eligible taxpayer to an issuance of any credits until the eligible taxpayer provides the office with any documentation required by the office and a cost certification of the expenditure made in connection with an approved geothermal energy project during the tax year in which the reservation is approved. The cost certification must be audited by a licensed public accountant that is not affiliated with the eligible taxpayer. The office shall review the cost certification to verify that it satisfies the information provided in the eligible taxpayer's application. If the office determines that the eligible taxpayer made a qualified expenditure, the office shall issue a tax credit certificate in the applicable amount.

(5) The office shall develop standards for the implementation of the tax credit allowed pursuant to this section. Any standards developed by the office must be posted on the office's website. At a minimum, the standards must provide for the evaluation and approval of geothermal energy projects and require the office to consider whether the project:

(a) Demonstrates technology to further the adoption of clean, firm carbon-free electricity derived from geothermal energy in the state;

(b) Supports replicable, cost-effective reduction outcomes to stimulate the geothermal sector or otherwise expand geothermal energy capacity in the state; and

(c) Directly, or through technological demonstration evaluated and approved by the office, will lead to measurable greenhouse gas reduction outcomes for the state.

(6) (a) The office shall maintain a database of any information necessary to evaluate the effectiveness of the tax credit allowed in this section in meeting the purpose set forth in subsection (1)(a) of this section and shall provide such information, and any other information that may be needed, if available, to the state auditor as part of the state auditor's evaluation of this tax expenditure required by section 39-21-305.

(b) The office shall, in a sufficiently timely manner to allow the department to process returns claiming the income tax credit allowed in this section, provide the department with an electronic report of each eligible taxpayer to which the office issued a tax credit certificate for the preceding tax year that includes the following information:

(I) The taxpayer's name;

(II) The amount of the credit; and

(III) The taxpayer's social security number or the taxpayer's Colorado account number and federal employer identification number.

(7) An eligible taxpayer that claims the credit allowed by this section may not claim the credit allowed by section 39-30-104 for the same project.

(8) In order to claim the credit authorized by this section, an eligible taxpayer shall file the tax credit certificate with the qualified entity's state income tax return and, if the eligible taxpayer is exempt from tax pursuant to section 39-22-112 (1), the eligible taxpayer shall file a return pursuant to section 39-22-601 (7)(b). The amount of the credit that the eligible taxpayer may claim pursuant to this section is the amount stated on the tax credit certificate.

(9) If a credit authorized in this section exceeds the income tax due on the income of the eligible taxpayer for the taxable year, the excess credit may not be carried forward and must be refunded to the eligible taxpayer.

(10) This section is repealed, effective December 31, 2038.
C.R.S. § 39-4-107 — CO Code / Title 39 / Article 4 / Section 39-4-107
39-4-107. Statement of valuation to counties
Status: in_force

39-4-107. Statement of valuation to counties. No later than July 1 in each year, the administrator shall advise both the assessor of each county wherein property of a public utility is located and the public utility itself of the valuation of such public utility in such county, and such amount shall be entered on the tax roll of such county by the assessor in the same manner as though determined by the assessor.
C.R.S. § 39-21-122 — CO Code / Title 39 / Article 21 / Part 1 / Section 39-21-122
39-21-122. Revenue impact of 2010 tax legislation - tracking by department
Status: repealed

39-21-122. Revenue impact of 2010 tax legislation - tracking by department. (Repealed)
C.R.S. § 39-36-105 — CO Code / Title 39 / Article 36 / Section 39-36-105
39-36-105. Electronic submissions - certification data to department of revenue
Status: in_force

39-36-105. Electronic submissions - certification data to department of revenue. (1) (a) On or before September 1, 2023, and on or before September 1 of each calendar year thereafter through September 1, 2035, the director, or the director's designee, shall transmit to the department data regarding income tax credits allowed pursuant to this article 36 that are certified by the CHIPS zone administrator from January 1 through June 30 of the same calendar year.

(b) On or before March 31, 2024, and on or before March 31 of each calendar year thereafter through March 31, 2036, the director, or the director's designee, shall transmit to the department data regarding income tax credits allowed pursuant to this article 36 that are certified by the CHIPS zone administrator from July 1 through December 31 of the previous calendar year.

(c) The data required to be transmitted by the director, or the director's designee, to the department under subsections (2)(a) and (2)(b) must be in the form of electronic reports that include the following information:

(I) The taxpayer's name;

(II) The taxpayer's Colorado account number and federal employer identification number;

(III) The type and amount of each income tax credit allowed under this article 36 and certified by the CHIPS zone administrator for the taxpayer for the tax year; and

(IV) Any associated taxpayers' names, Colorado account numbers, and federal employer identification numbers or social security numbers if the credit allowed under this article 36 is allocated from a pass-through entity to its partners, shareholders, members, or other constituent taxpayers.
C.R.S. § 39-3.5-117 — CO Code / Title 39 / Article 3.5 / Section 39-3.5-117
39-3.5-117. Report
Status: repealed

39-3.5-117. Report. (Repealed)
C.R.S. § 39-12-109 — CO Code / Title 39 / Article 12 / Section 39-12-109
39-12-109. Payment upon surrender of tax certificate
Status: in_force

39-12-109. Payment upon surrender of tax certificate. On demand of any person entitled to redemption money in his hands, the treasurer shall pay the same to any such person, upon his surrendering to him the tax certificate to such land or lot as has been redeemed. If only a portion of the land or lots described in the tax certificate has been redeemed, the treasurer shall endorse on such certificate the portion redeemed and the amount of money paid to each person and shall take a receipt therefor.
C.R.S. § 39-11.5-104 — CO Code / Title 39 / Article 11.5 / Section 39-11.5-104
39-11.5-104. Notice of public auction
Status: in_force

39-11.5-104. Notice of public auction. (1) No more than thirty calendar days after recording the application for public auction pursuant to section 39-11.5-103 (2), the treasurer shall mail a notice to the property address set forth in the application for public auction.

(2) No more than twenty calendar days after either receiving the results of the title search or completing a review of relevant county records of the county clerk and recorder concerning the property, the treasurer shall create a mailing list, mail a known interested party notice to the persons on the mailing list, and add the first and last publication dates, if not already specified in the known interested party notice, on the treasurer's office website.

(3) No more than sixty calendar days nor less than forty-five calendar days prior to the public auction, the treasurer shall post a known interested party notice on the property.

(4) No more than sixty calendar days nor less than forty-five calendar days prior to the public auction, the treasurer shall publish the known interested party notice and add the first and last publication dates, if not already specified in the known interested party notice, on the treasurer's office website.

(5) No less than twenty-eight calendar days prior to the public auction, the treasurer shall post the known interested party notice and add the first and last publication dates, if not already specified in the known interested party notice, in a conspicuous place in the treasurer's office or on the treasurer's office website.

(6) No less than thirty calendar days after either receiving the results of the title search or completing a review of relevant county records of the county clerk and recorder concerning the property pursuant to section 39-11.5-104 (2), if the valuation for assessment of the property that is the subject of the public auction is five hundred dollars or more, the treasurer shall commence publication of the known interested party notice for three weeks, which means publication once each week for three successive weeks in a newspaper that is published daily, weekly, or semiweekly in the county. If there is no such newspaper, then the treasurer shall post the notice conspicuously in the offices of the county clerk and recorder, the treasurer, and the assessor and in at least two other public places in the county seat.

(7) If any notice sent pursuant to this section is returned as undeliverable, the county treasurer shall conduct a reasonable search to locate and notify the property owner of record.
C.R.S. § 39-26-713 — CO Code / Title 39 / Article 26 / Part 7 / Section 39-26-713
39-26-713. Tangible personal property
Status: repealed

39-26-713. Tangible personal property. (1) The following shall be exempt from taxation under the provisions of part 1 of this article 26:

(a) Any right to the continuous possession or use for three years or less of any article of tangible personal property under a lease or contract, if the lessor has paid to the state of Colorado a sales or use tax on such tangible personal property upon its acquisition. The department of revenue may permit a lessor of tangible personal property leased for a period of three years or less to acquire the property free of sales or use tax if the lessor agrees to collect sales tax on all lease payments received on the property.

(b) Repealed.

(c) The sale of tangible personal property for testing, modification, inspection, or similar type of activities in this state if the ultimate use of the property in manufacturing or similar type of activities occurs outside of this state and if the test, modification, or inspection period does not exceed ninety days; and

(d) All sales and purchases of tangible personal property by a manufacturer that uses the property as a component part of goods that it manufactures, including, but not limited to, high technology goods, and that donates such goods to the United States government; the state of Colorado or any department, institution, or political subdivision thereof; or any organization exempt from federal income taxes pursuant to section 501 (c)(3) of the "Internal Revenue Code of 1986", as amended, to the extent that the aggregate value of the goods included in a single donation exceeds one thousand dollars.

(2) The following are exempt from taxation under part 2 of this article 26:

(a) The storage, use, or consumption of any tangible personal property the sale of which is subject to the retail sales tax imposed by part 1 of this article, including transactions that are exempt from taxation under section 39-26-704 (5);

(b) (I) The storage, use, or consumption of any tangible personal property purchased for resale in this state, either in its original form or as an ingredient of a manufactured or compounded product, in the regular course of a business.

(II) For purposes of this subsection (2)(b), any motor vehicle purchased and held for resale in this state by a licensed motor vehicle dealer, as defined in section 44-20-102, who meets the eligibility requirements to receive a full-use dealer plate set forth in section 42-3-116 (6)(a)(I) shall be considered to be in the regular course of business and shall not be subject to taxation under part 2 of this article 26. A motor vehicle shall be considered to be purchased and held for resale if:

(A) The manufacturer's certificate of origin or certificate of title for the motor vehicle is assigned to the motor vehicle dealer;

(B) The motor vehicle is included in a current list of vehicles for retail sale that is prepared by the motor vehicle dealer in the ordinary course of business; and

(C) At any given time, the motor vehicle is available to be purchased and delivered to a retail customer within three business days.

(c) The storage, use, or consumption of tangible personal property brought into this state by a nonresident for his or her own storage, use, or consumption while temporarily within this state;

(d) The storage, use, consumption, or loan of tangible personal property by or to the United States government, the state of Colorado or its institutions or political subdivisions in their governmental capacities only, or any charitable organization in the conduct of its regular charitable functions and activities;

(e) (I) The storage, use, or consumption of tangible personal property by a person engaged in the business of manufacturing or compounding for sale, profit, or use any article, substance, or commodity, which tangible personal property enters into the processing of or becomes an ingredient or component part of the product or service that is manufactured, compounded, or furnished, and the container, label, or the furnished shipping case.

(II) As used in subparagraph (I) of this paragraph (e) with regard to food products, tangible personal property enters into the processing of such products and is therefore exempt from taxation when:

(A) It is intended that such property become an integral or constituent part of a food product that is intended to be sold ultimately at retail for human consumption; or

(B) Such property, whether or not it becomes an integral or constituent part of a food product, is a chemical, solvent, agent, mold, skin casing, or other material; is used for the purpose of producing or inducing a chemical or physical change in a food product or is used for the purpose of placing a food product in a more marketable condition; and is directly utilized and consumed, dissipated, or destroyed, to the extent it is rendered unfit for further use, in the processing of a food product that is intended to be sold ultimately at retail for human consumption.

(f) The storage, use, or consumption of any article of tangible personal property the sale or use of which has already been subjected to a tax equal to or in excess of that imposed by part 2 of this article. A credit shall be granted against the use tax imposed by part 2 of this article with respect to a person's storage, use, or consumption in this state of tangible personal property purchased by the person in another state. The amount of the credit shall be equal to the tax paid by the person to another state by reason of the imposition of a similar tax on the purchase or use of the property. The amount of the credit shall not exceed the tax imposed by part 2 of this article.

(g) The storage, use, or consumption of tangible personal property and household effects acquired outside of this state and brought into it by a nonresident acquiring residency;

(h) The storage, use, or consumption of tangible personal property purchased by a resident of Colorado while outside the state in amounts of one hundred dollars or less; and

(i) Repealed.

(j) The testing, modification, inspection, or similar type activities of tangible personal property acquired for ultimate use outside of this state in manufacturing or similar type of activities if the test, modification, or inspection period does not exceed ninety days.
C.R.S. § 39-22-544 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-544
39-22-544. Credit against tax - qualifying seniors - creation - legislative declaration - d
Status: repealed

39-22-544. Credit against tax - qualifying seniors - creation - legislative declaration - definitions. (1) (a) The general assembly hereby finds and declares that:

(I) Colorado's affordable housing shortage is hurting seniors, making it more difficult for many seniors to afford housing;

(II) The senior property tax exemption was adopted by Colorado voters in 2000 in order to help seniors afford to stay in their homes;

(III) Many seniors are ineligible for the senior property tax exemption because they have owned their home for fewer than ten years or because they rent; and

(IV) Property tax rebates or tax-equivalent rebates for renters available under section 39-31-102 only assist seniors with incomes below very low thresholds.

(b) (I) Therefore, in order to help more seniors afford the high cost of housing in Colorado, the general assembly hereby intends to establish a refundable income tax credit for income-qualified seniors who do not qualify for the senior property tax exemption to help them afford the high cost of housing.

(II) In accordance with section 39-21-304 (1), the purpose of the tax expenditure created in this section is to provide tax relief for income-qualified seniors.

(c) The general assembly and the state auditor shall measure the effectiveness of the exemption in achieving the purpose specified in subsection (1)(b)(II) of this section based on the number of taxpayers who have claimed the exemption.

(2) As used in this section, unless the context otherwise requires:

(a) "Credit" means a credit against income tax that is created in this section.

(b) Repealed.

(3) (a) (I) For the income tax year commencing on January 1, 2022, a qualifying senior is allowed a credit against the tax imposed by this article 22 in an amount set forth in subsection (4) of this section.

(II) As used in this subsection (3)(a), "qualifying senior" means a resident individual who:

(A) Is sixty-five years of age or older at the end of 2022;

(B) Has a federal adjusted gross income that is less than or equal to seventy-five thousand dollars for the income tax year commencing on January 1, 2022; and

(C) Has not claimed a property tax exemption under section 39-3-203 for the property tax year commencing on January 1, 2022.

(b) (I) For the income tax year commencing on January 1, 2024, a qualifying senior is allowed a credit against the tax imposed by this article 22 in an amount set forth in subsection (4.5) of this section.

(II) As used in this subsection (3)(b), "qualifying senior" means a resident individual who:

(A) Is sixty-five years of age or older at the end of 2024;

(B) Has, for the income tax year commencing on January 1, 2024, a federal adjusted gross income less than or equal to seventy-five thousand dollars for an individual filing a single return, or has a federal adjusted gross income less than or equal to one hundred twenty-five thousand dollars for an individual filing a joint return; and

(C) Has not claimed a property tax exemption under section 39-3-203 for the property tax year commencing on January 1, 2024, on or before August 15, 2024.

(4) (a) For the income tax year commencing on January 1, 2022, the amount of the credit is one thousand dollars for a qualifying senior with federal adjusted gross income that is twenty-five thousand dollars or less. For every five hundred dollars of adjusted gross income above twenty-five thousand dollars, the amount of the credit is reduced by ten dollars.

(b) For the income tax year commencing on January 1, 2022, the credit is the same whether it is claimed by one taxpayer filing a single return or two taxpayers filing a joint return. In the case of two taxpayers who share the same primary residence and who may legally file a joint return but actually file separate returns, both taxpayers may claim the credit, but the maximum credit for each is five hundred dollars and, for every five hundred dollars of adjusted gross income above twenty-five thousand dollars, the amount of the credit is reduced by five dollars.

(c) For the income tax year commencing on January 1, 2022, notwithstanding subsections (4)(a) and (4)(b) of this section, a taxpayer who also qualifies for a grant under article 31 of this title 39 during calendar year 2022 is eligible to receive the full credit without an income-based reduction that otherwise applies for the taxpayer under subsection (4)(a) or (4)(b) of this section.

(4.5) For the income tax year commencing on January 1, 2024:

(a) The amount of the credit is eight hundred dollars for a qualifying senior filing a single return with a federal adjusted gross income that is twenty-five thousand dollars or less. For every five hundred dollars of adjusted gross income above twenty-five thousand dollars, the amount of the credit is reduced by eight dollars.

(b) The amount of the credit is eight hundred dollars for two taxpayers filing a joint return with a federal adjusted gross income that is twenty-five thousand dollars or less. For every five hundred dollars of adjusted gross income above twenty-five thousand dollars, the amount of the credit is reduced by four dollars.

(c) In the case of two taxpayers who share the same primary residence and who may legally file a joint return but actually file separate returns, both taxpayers may claim the credit, but the maximum credit for each taxpayer is four hundred dollars and, for every five hundred dollars of adjusted gross income above twenty-five thousand dollars, the amount of the credit is reduced by four dollars.

(d) Notwithstanding subsections (4.5)(a), (4.5)(b), and (4.5)(c) of this section, a taxpayer who also qualifies for a grant under article 31 of this title 39 during calendar year 2024 is eligible to receive the full credit without an income-based reduction that otherwise applies for the taxpayer pursuant to subsections (4.5)(a), (4.5)(b), and (4.5)(c) of this section.

(e) In the case of a part-year resident, the credit allowed under this subsection (4.5) is apportioned in the ratio determined under section 39-22-110 (1).

(5) (a) Any amount of the credit that exceeds the qualifying senior's income taxes due is refunded to the qualifying senior.

(b) To the extent permitted by federal law, the credit is not income or resources for the purpose of determining eligibility for the payment of public assistance benefits and medical assistance benefits authorized under state law or for a payment made under any other publicly funded programs.

(6) The department of revenue may use the reports received from the property tax administrator in accordance with section 39-3-207 (8) for purposes of confirming that a taxpayer meets the eligibility requirement set forth in subsection (3)(b)(II)(C) of this section.
C.R.S. § 39-5-134 — CO Code / Title 39 / Article 5 / Part 1 / Section 39-5-134
39-5-134. Controlled environment agricultural facility - valuation - affidavit - definitio
Status: repealed

39-5-134. Controlled environment agricultural facility - valuation - affidavit - definition - repeal. (1) As used in this section, "controlled environment agricultural facility" or "CEA facility" has the same meaning as specified in section 39-1-102 (3.3).

(2) A CEA facility is valued for assessment purposes as all other agricultural property using the cost, market, and income approaches to value.

(3) If the sole use of the CEA facility is not the growing of crops for human or livestock consumption, then the property is classified and valued for assessment purposes based on actual use.

(4) As part of the personal declaration the owner of a CEA facility signs and returns to the county assessor pursuant to sections 39-5-107 and 39-5-108, the owner shall include an affidavit executed by the owner in which the owner affirms that the CEA facility meets the requirements of section 39-1-102 (3.3), including the requirements that the facility optimizes hydroponics and that the sole purpose of the CEA facility is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption. If the crop grown in the CEA facility is hemp, the owner must also include a copy of a license to verify to the assessor that the crop is not marijuana.

(5) Notwithstanding any other provision of law, a CEA facility shall not violate the terms and conditions of any applicable water court decree issued pursuant to article 92 of title 37 and shall not materially injure water rights or conditional water rights granted under article 92 of title 37.

(6) This section is repealed, effective July 1, 2029.
C.R.S. § 39-22-503 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-503
39-22-503. Taxation of real estate investment trusts - definitions
Status: in_force

39-22-503. Taxation of real estate investment trusts - definitions. (1) (a) For purposes of this article, a "real estate investment trust" shall have the same meaning as set forth in section 856 of the internal revenue code.

(b) For purposes of this article, the "net income" of a real estate investment trust in each year in which the trust is taxed as a real estate investment trust for federal income tax purposes shall be the "real estate investment trust taxable income" of the trust as computed for federal income tax purposes and adjusted as provided in section 39-22-304 (2) and (3).

(2) (a) For purposes of this article, a "captive real estate investment trust" means a real estate investment trust of which the shares or beneficial interests are not regularly traded on an established securities market and of which more than fifty percent of the voting power or value of the beneficial interests or shares are owned or controlled, directly, indirectly, or constructively, by a single entity that is:

(I) Treated as an association taxable as a corporation under the internal revenue code; and

(II) Not exempt from federal income tax pursuant to the provisions of section 501 (a) of the internal revenue code.

(b) A "captive real estate investment trust" shall not include a real estate investment trust that is intended to be regularly traded on an established securities market and that satisfies the requirements of section 856 (a)(5) and (a)(6) of the internal revenue code by reason of section 856 (h)(2) of the internal revenue code; except that, if such real estate investment trust does not become regularly traded on an established securities market within one year of the date on which it first becomes a real estate investment trust, such real estate investment trust shall be deemed to be a captive real estate investment trust.

(3) For purposes of this section, the constructive ownership rules of section 318 (a) of the internal revenue code, as modified by section 856 (d)(5) of the internal revenue code, shall apply in determining the ownership of stock, assets, or net profits of any person.

(4) For purposes of this section, unless the context otherwise requires:

(a) "Association taxable as a corporation under the internal revenue code" shall not include:

(I) Any real estate investment trust other than a captive real estate investment trust;

(II) Any qualified real estate investment trust subsidiary other than a qualified real estate investment trust subsidiary of a captive real estate investment trust;

(III) Any listed Australian property trust; or

(IV) Any qualified foreign entity.

(b) "Australian property trust" means an Australian unit trust registered as a managed investment scheme under the Australian corporations act in which the principal class of units is listed on a recognized stock exchange in Australia and is regularly traded on an established securities market or an entity organized as a trust, provided that a listed Australian property trust owns or controls, directly or indirectly, seventy-five percent or more of the voting power or value of the beneficial interests or shares of such trust.

(c) "Qualified foreign entity" means a corporation, trust, association, or partnership that is organized outside the laws of the United States and that satisfies the following criteria:

(I) At least seventy-five percent of the entity's total asset value at the close of its taxable year is represented by real estate assets as defined in section 856 (c)(5)(B) of the internal revenue code, cash and cash equivalents, or United States government securities;

(II) The entity is not subject to tax on amounts distributed to its beneficial owners or is exempt from entity-level taxation;

(III) The entity distributes at least eighty-five percent of its taxable income, as computed in the jurisdiction in which it is organized, to the holders of its shares or certificates of beneficial interest on an annual basis;

(IV) Not more than ten percent of the voting power or value in such entity is held, directly, indirectly, or constructively, by a single entity or individual, or the shares or beneficial interests of such entity are regularly traded on an established securities market; and

(V) The entity is organized in a country that has a tax treaty or agreement with the United States.

(d) "Qualified real estate investment trust subsidiary" has the same meaning as set forth in section 856 (i) of the internal revenue code.
C.R.S. § 39-2-111 — CO Code / Title 39 / Article 2 / Section 39-2-111
39-2-111. Complaints
Status: in_force

39-2-111. Complaints. The administrator shall examine all complaints filed with him wherein it is alleged that a class or subclass of taxable property in a county has not been appraised or valued as required by law or has been improperly or erroneously valued or that the property tax laws have in any manner been evaded or violated. Complaints shall be in writing and may be filed only by a taxing authority in a county or by any taxpayer. Complaints may be filed only with respect to property located in the county in which the taxing authority levies taxes or in which the taxpayer owns taxable property. If the administrator finds the complaint is justified, he may use his findings as the basis for petitioning the state board of equalization for an order of reappraisal pursuant to section 39-2-114.
C.R.S. § 39-3-206 — CO Code / Title 39 / Article 3 / Part 2 / Section 39-3-206
39-3-206. Notice to individuals returning incomplete or nonqualifying exemption applicatio
Status: in_force

39-3-206. Notice to individuals returning incomplete or nonqualifying exemption applications - denial of exemption - administrative remedies. (1) (a) Except as otherwise provided in paragraph (a.5) of subsection (2) of this section, an assessor shall only grant the exemption allowed to qualifying seniors under section 39-3-203 (1) to an applicant who has timely returned an exemption application in accordance with section 39-3-205 (1)(a) that establishes that the applicant is entitled to the exemption.

(b) If the information provided on or with an application for the exemption allowed to qualifying seniors under section 39-3-203 (1) indicates that the applicant is not entitled to the exemption, or is insufficient to allow the assessor to determine whether or not the applicant is entitled to the exemption, the assessor shall deny the application and mail to the applicant a statement providing the reasons for the denial and informing the applicant of the applicant's right to contest the denial pursuant to subsection (2) of this section. The assessor shall mail the statement no later than August 1 of the property tax year for which the exemption application was filed.

(1.5) (a) Except as otherwise provided in subsection (2)(a.7) of this section, the assessor shall only accept an application for the exemption allowed to qualifying veterans with a disability under section 39-3-203 (1.5) if the applicant timely returned the exemption application in accordance with section 39-3-205 (1)(b), and an assessor shall only grant the exemption if the applicant submits proof of qualifying veteran with a disability status as required by section 39-3-205 and the exemption application establishes that the applicant meets the other requirements to be entitled to the exemption.

(b) If the information provided on or with an application for the exemption allowed to qualifying veterans with a disability under section 39-3-203 (1.5) indicates that the applicant is not entitled to the exemption, or is insufficient to allow the assessor to determine whether or not the applicant is entitled to the exemption, the assessor shall deny the application and mail to the applicant a statement providing the reasons for the denial and informing the applicant of the applicant's right to contest the denial pursuant to subsection (2) of this section. The assessor shall mail the statement no later than August 1 of the property tax year for which the exemption application was filed.

(2) (a) An applicant whose exemption application has been denied pursuant to subsection (1)(b) or (1.5)(b) of this section may contest the denial by requesting a hearing before the county commissioners sitting as the county board of equalization no later than August 15 of the property tax year for which the exemption application was filed. The hearing shall be held on or after August 1 and no later than September 1 of the property tax year for which the exemption application was filed, and the decision of the county board of equalization is not subject to further administrative appeal by either the applicant or the assessor.

(a.5) An individual who wishes to claim the exemption for qualifying seniors allowed by section 39-3-203 (1), but who has not timely filed an exemption application with the assessor by July 15, may file a late exemption application no later than the August 15 that immediately follows that deadline. The assessor shall accept any such application but may not accept any late application filed after August 15. The assessor shall grant an exemption if an accepted late application establishes that the applicant is entitled to the exemption. A decision of an assessor to disallow the filing of a late application after August 15 or to grant or deny an exemption to an applicant who has filed a late application after July 15 but no later than August 15 is final, and an applicant who is denied late filing or an exemption may not contest the denial.

(a.7) An individual who wishes to claim the exemption for qualifying veterans with a disability allowed by section 39-3-203 (1.5), but who has not timely filed an exemption application, may request that the assessor waive the application deadline and allow the individual to file a late exemption application no later than the August 1 that immediately follows the original application deadline. The assessor may accept an application if, in the assessor's sole discretion, the applicant shows good cause for not timely filing an application. If the assessor accepts a late application, the assessor shall determine whether the application should be granted or denied pursuant to subsection (1.5) of this section and shall mail notice of its determination to the applicant no later than the August 25 that immediately follows the late application deadline. A decision of the assessor to allow or disallow the filing of a late application or of an assessor to grant or deny an exemption to an applicant who has filed a late application is final, and an applicant who is denied late filing or an exemption may not contest the denial.

(b) The county board of equalization may appoint independent referees to conduct hearings requested pursuant to paragraph (a) of this subsection (2) on behalf of the county board and to make findings and submit recommendations to the county board for its final action.
C.R.S. § 39-37-108 — CO Code / Title 39 / Article 37 / Part 1 / Section 39-37-108
39-37-108. Books and records to be preserved
Status: in_force

39-37-108. Books and records to be preserved. (1) Every vendor shall keep complete and accurate records necessary for the determination of the correct tax liability, including itemized invoices of all retail sales of any firearms, firearm precursor parts, or ammunition in this state.

(2) A vendor shall provide a copy of the records required to be kept pursuant to subsection (1) of this section, and any other records deemed necessary by the executive director for the determination of the correct tax liability to the executive director, if so requested. The executive director may establish the acceptable form of such records.
C.R.S. § 39-28.5-104 — CO Code / Title 39 / Article 28.5 / Section 39-28.5-104
39-28.5-104. Licensing required - rules - fines
Status: in_force

39-28.5-104. Licensing required - rules - fines. (1) It is unlawful for any person to engage in the business of a distributor of tobacco products at any place of business or to make delivery or remote retail sales without first obtaining a license granted and issued by the department, which license shall be in effect until June 30 following the date of issue, unless sooner revoked. In the case of a distributor located in this state, such license shall be granted only to a person who owns or operates the place from which the person engages in the business of a distributor of tobacco products, and, if such business is operated in two or more separate places in this state by any such person, a separate license for each place of business shall be required. Such license shall be renewed only upon timely application and payment of the required fee prior to expiration. Such licenses may be transferred in the discretion of and pursuant to the rules adopted by the department. The fee for a license shall be ten dollars per year, and such fee shall be credited to the general fund. Such fee shall be reduced at the rate of two dollars and fifty cents for each expired quarter of the license year. The department shall, on reasonable notice and after a hearing, suspend or revoke the license of any person violating any provision of this article 28.5, and no license shall be issued to such person within a period of two years thereafter. The department may share information on the names and addresses of persons who purchased tobacco products for resale with the department of public health and environment and county and district public health agencies. The department shall refuse to issue a new or renewal distributor or remote retail seller license, and shall revoke a distributor's or remote retail seller's license, if the distributor or remote retail seller owes the state any delinquent taxes administered by the department or interest thereon pursuant to this title 39 that have been determined by law to be due and unpaid, unless the distributor or remote retail seller has entered into an agreement approved by the department to pay the amount due. The department shall only issue a new or renewal distributor or remote retail seller license to a distributor or remote retail seller that has a current license issued pursuant to section 39-26-103.

(2) (Deleted by amendment, L. 2008, p. 184, § 3, effective August 5, 2008.)
C.R.S. § 39-26-105.3 — CO Code / Title 39 / Article 26 / Part 1 / Section 39-26-105.3
39-26-105.3. Remittance of tax - electronic database - vendor held harmless - repeal
Status: repealed

39-26-105.3. Remittance of tax - electronic database - vendor held harmless - repeal. (Repealed)
C.R.S. § 39-11-116 — CO Code / Title 39 / Article 11 / Section 39-11-116
39-11-116. Procedure when purchaser fails to pay
Status: in_force

39-11-116. Procedure when purchaser fails to pay. If a person bidding fails to pay the amount due, the treasurer may again offer the tax lien on such land for sale if the public auction has not closed, and, if it has closed, the treasurer may again advertise it specially in the same manner as in the original advertisement and for not less than one week, after which the treasurer may again offer and sell the tax liens on such lands or lots as provided in section 39-11-115; or at the treasurer's option, the treasurer may recover the amount bid by civil action brought in the name of the county in any court of competent jurisdiction. In a public auction conducted by means of the internet or other electronic medium, if a person bidding fails to pay the amount due, the treasurer may offer the tax lien, without additional advertisement, to another bidder, whether or not the public auction has closed; or at the treasurer's option, the treasurer may recover the amount bid by civil action brought in the name of the county in any court of competent jurisdiction. The treasurer may prohibit a person who fails to pay the amount due from bidding on sales under this article for up to five years.
C.R.S. § 39-10-112 — CO Code / Title 39 / Article 10 / Section 39-10-112
39-10-112. Action to collect unpaid taxes
Status: repealed

39-10-112. Action to collect unpaid taxes. (1) (a) In order to collect delinquent personal property taxes and any delinquent interest thereon, the treasurer may, at the treasurer's option, sue the owner of the personal property in any court in the treasurer's county having jurisdiction, enter into a contract to employ the services of any collection agency that is duly licensed pursuant to section 5-16-119 or 5-16-120, or distrain, seize, and sell the personal property as provided in section 39-10-111.

(b) Any contract to employ the services of any duly licensed collection agency shall be awarded by competitive bid, but the treasurer may reject any or all bids or parts of bids. The fees of the collection agency shall be paid by the treasurer from the moneys recovered by the collection agency, but in no event shall the fees paid to the collection agency exceed one-third of the amount recovered.

(2) (Deleted by amendment, L. 96, p. 14, § 2, effective February 22, 1996.)

(3) Upon the trial of any court action brought pursuant to subsection (1) of this section, a certificate from the treasurer, reciting the amount of the taxes and any delinquent interest thereon and that the same has not been paid, shall be prima facie evidence that the amount claimed is due and unpaid, and judgment shall be given for the amount thereof, together with all costs, and execution shall issue as in other cases. Whenever the treasurer sues in court, the county attorney shall perform all legal work involved if requested by the treasurer, and the costs of the action shall be paid by the county.

(4) Nothing in this section shall be construed as relieving the treasurer of the duties of the office of county treasurer.

(5) and (6) Repealed.
C.R.S. § 39-26-105.2 — CO Code / Title 39 / Article 26 / Part 1 / Section 39-26-105.2
39-26-105.2. Remittance of tax - GIS - vendor held harmless - requirements of GIS database -
Status: in_force

39-26-105.2. Remittance of tax - GIS - vendor held harmless - requirements of GIS database - rules - legislative declaration - definitions. (1) As used in this section, "GIS database" means the geographic information system database that the department of revenue owns and maintains, that meets the defined scope of work set forth in the request for solicitation, and is provided to vendors to determine the jurisdictions to which tax is owed and to calculate appropriate sales and use tax rates for individual addresses.

(2) The department of revenue shall immediately notify vendors when the GIS database is online, tested, and verified by the department of revenue to be operational, supported, and available for use. Notification to vendors may be provided in any way that the department deems appropriate and must be accomplished within existing resources.

(3) [Editor's note: This version of subsection (3) is effective until July 1, 2025.] Any vendor that collects and remits sales tax to the department of revenue as provided by law may use the GIS database. Any vendor that directly uses the data contained in the GIS database, or uses data from a third-party database that is verified to use the most recent information provided by the GIS database, to determine the jurisdictions to which tax is owed is held harmless for any tax, charge, or fee liability to any taxing jurisdiction that otherwise would be due solely as a result of an error or omission in the GIS database data.

(3) [Editor's note: This version of subsection (3) is effective July 1, 2025.] Any vendor that collects and remits sales tax to the department of revenue as provided by law, including any local sales or use tax pursuant to part 2 of title 29, may use the GIS database. Any vendor that directly uses the data contained in the GIS database, or uses data from a third-party database that is verified to use the most recent information provided by the GIS database, to determine the jurisdictions to which tax is owed is held harmless for any tax, charge, or fee liability to any taxing jurisdiction that otherwise would be due solely as a result of an error or omission in the GIS database data.

(3.5) (a) The general assembly finds and declares that:

(I) The task force has overseen the implementation of an electronic sales and use tax simplification system, which is commonly known as "SUTS" and includes the GIS database, in furtherance of the general assembly's goal to address the complex and cumbersome nature of Colorado's unique state and local sales tax system, which is a matter of statewide concern;

(II) SUTS and the GIS database are designed, among other things, to assist businesses operating in multiple taxing jurisdictions in Colorado by providing them with a single, reliable source of sales and use tax information for the state and local taxing jurisdictions, including any county, city and county, or municipality governed by a home rule charter;

(III) While the sales and use tax bases and rates of the state and local taxing jurisdictions and the jurisdictional boundaries of such local taxing jurisdictions are subject to change over time, SUTS was specifically designed in anticipation of such changes pursuant to section 39-26-802.5 (1)(c)(IV) and (1)(c)(V);

(IV) It is a matter of statewide concern to ensure that SUTS, including the GIS database, continues to serve and evolve as an effective simplification tool upon which businesses can rely in navigating Colorado's unique and complex state and local sales tax system;

(V) Improving SUTS in this manner will decrease filing complexity, make audits of retailers more uniform for all state and local taxing jurisdictions, help streamline and reduce administrative burdens, and, consequently, encourage more businesses to begin or continue to operate across multiple taxing jurisdictions across this state; and

(VI) Any business that uses the data collected in SUTS, inclusive of data collected in the GIS database, to determine the local taxing jurisdictions to which tax is owed should be held harmless in an audit by the state or any local taxing jurisdiction, including any county, city and county, or municipality governed by a home rule charter for any tax, charge, or fee liability to any local taxing jurisdiction that would be due solely as a result of an error or omission in the SUTS or GIS database data.

(b) As used in this subsection (3.5), unless the context otherwise requires:

(I) "Electronic sales and use tax simplification system" means the electronic system described in section 39-26-802.7 for the collection and remittance of sales and use taxes.

(II) "Local taxing jurisdiction" means a city, town, municipality, county, special district, or authority authorized to levy a sales or use tax pursuant to title 24, 25, 29, 30, 31, 32, 37, 42, or 43, and any county, city and county, or municipality governed by a home rule charter that uses the electronic sales and use tax simplification system.

(III) "Tax rate" means the general sales or use tax rate imposed by a local taxing jurisdiction, without regard to any local sales or use tax exemption or special tax rate.

(c) (I) Any vendor that uses the data contained in the GIS database to determine the tax rate and the local taxing jurisdictions to which sales or use tax is owed is held harmless in an audit by any local taxing jurisdiction for any tax, charge, or fee liability to the local taxing jurisdiction that otherwise would be due solely as a result of an error or omission in the GIS database data.

(II) To be held harmless pursuant to subsection (3.5)(c)(I) of this section, a vendor must collect, retain, and produce upon request documentation reasonably sufficient to demonstrate the vendor's proper use of and reliance on the GIS database data to determine the tax rate and local taxing jurisdiction to which tax was owed.

(III) A vendor that queries the GIS database using an incomplete or erroneous address shall not be held harmless pursuant to subsection (3.5)(c)(I) of this section for the failure to pay any tax, charge, or fee liability to a local taxing jurisdiction.

(d) The department of revenue, or its third-party contractor, shall update the data contained in the GIS database, including jurisdictional boundaries and tax rates, within thirty days of the receipt by the department of revenue of updated or corrected data from a local taxing jurisdiction, and shall maintain the GIS database data in an accurate condition in accordance with subsection (4) of this section. The department shall provide a reasonably convenient method for local taxing jurisdictions to inform the department of any errors in the GIS database data.

(4) [Editor's note: This version of subsection (4) is effective until July 1, 2025.] The department of revenue shall ensure that the GIS database data, including jurisdictional boundaries and tax rates, is at least ninety-five percent accurate based on a statistically valid sample of addresses from the database, or based on another acceptable method of proving accuracy.

(4) [Editor's note: This version of subsection (4) is effective July 1, 2025.]

(a) The department of revenue shall ensure that the GIS database data, including jurisdictional boundaries and tax rates, is at least ninety-five percent accurate based on a statistically valid sample of addresses from the database, or based on another acceptable method of proving accuracy.

(b) The department of revenue shall update the GIS database with respect to any geographic boundary changes described in section 29-2-205 (4) within thirty days of receipt of the written notice described in section 29-2-205 (1). If the department of revenue does not timely receive the notice described in section 29-2-205 (1), then the department shall update the GIS database as soon as possible after receiving the geographic boundary change information.

(5) The executive director of the department of revenue shall promulgate rules for the administration of this section. Such rules must be promulgated in accordance with article 4 of title 24.
C.R.S. § 39-26-703 — CO Code / Title 39 / Article 26 / Part 7 / Section 39-26-703
39-26-703. Disputes and refunds - repeal
Status: repealed

39-26-703. Disputes and refunds - repeal. (1) Should a dispute arise between the purchaser and seller as to whether or not any sale, service, or commodity is exempt from taxation pursuant to this part 7, nevertheless the seller shall collect and the purchaser shall pay the tax, and the seller shall thereupon issue to the purchaser a receipt showing the tax paid.

(2) (a) (Deleted by amendment, L. 2011, (HB 11-1265), ch. 228, p. 978, § 3, effective May 27, 2011.)

(b) The right of any person to a refund under this article shall not be assignable, and, except as provided in paragraph (c) of this subsection (2) and subsection (2.5) of this section, such application for refund shall be made by the same person who purchased the goods and paid the tax thereon as shown in the invoice of the sale.

(c) A refund shall be made or a credit allowed by the executive director of the department of revenue to any person entitled to an exemption where the person establishes: That a tax was paid by another on a purchase made on behalf of such person; that a refund has not been granted to the person making the purchase; and that the person entitled to exemption paid or reimbursed the purchaser for such tax. No such refund shall be made or credit allowed in an amount greater than the tax paid.

(c.5) The executive director of the department of revenue shall make a refund or allow a credit to any person who establishes that he or she has overpaid the tax due pursuant to this article 26. No such refund shall be made or credit allowed in an amount greater than the tax paid.

(d) [Editor's note: This version of subsection (2)(d) is effective until July 1, 2025.] An application for refund under subsection (2)(c) or (2)(c.5) of this section must be made within the applicable deadline and must be made on forms prescribed and furnished by the executive director of the department of revenue, which form must contain, in addition to the foregoing information, such other pertinent data, information, or documentation as the executive director prescribes by rules promulgated in accordance with article 4 of title 24. Except as set forth in sections 29-2-106.1 (5)(b) and 39-26-734 (4)(d), the deadline for a sales tax refund or a refund of any use tax collected by a vendor is three years after the twentieth day of the month following the date of purchase and the deadline for any other use tax refund is three years after the twentieth day of the month following the initial date of the storage, use, or consumption in the state by the person applying for the refund.

(d) [Editor's note: This version of subsection (2)(d) is effective July 1, 2025.] An application for refund under subsection (2)(c) or (2)(c.5) of this section must be made within the applicable deadline and must be made on forms prescribed and furnished by the executive director of the department of revenue, which form must contain, in addition to the foregoing information, such other pertinent data, information, or documentation as the executive director prescribes by rules promulgated in accordance with article 4 of title 24. Except as set forth in sections 39-26-734 (4)(d), 29-2-208 (2)(a)(III), and 29-2-302 (5)(b), the deadline for a sales tax refund or a refund of any use tax collected by a vendor is three years after the twentieth day of the month following the date of purchase and the deadline for any other use tax refund is three years after the twentieth day of the month following the initial date of the storage, use, or consumption in the state by the person applying for the refund.

(d.5) Upon receipt of the application and proof of the matters contained therein, the executive director of the department of revenue shall give notice to the applicant by order in writing of the executive director's decision. Aggrieved applicants, within thirty days after such decision is mailed to them, may petition the executive director for a hearing on the claim in the manner provided in section 39-21-103 and may appeal to the district courts in the manner provided in section 39-21-105.

(e) The proceeds of any claim for refund shall first be applied by the department of revenue to any tax deficiencies or liabilities existing against the claimant before allowance of the claim by the department; except that, if such excess payment of tax moneys in any period is discovered as a result of audit by the department and deficiencies are discovered and assessed against the taxpayer as a result of the audit, the excess moneys shall be first applied against any deficiencies outstanding to the date of the assessment but shall not be applied to any future tax liabilities.

(2.5) (a) [Editor's note: This version of subsection (2.5)(a) is effective until July 1, 2025.] Except as set forth in section 29-2-106.1 (5)(b), within three years after the due date of the return showing the overpayment or one year after the date of overpayment, whichever is later, a vendor shall file any claim for refund with the executive director of the department of revenue. The executive director shall promptly examine such claim and shall make a refund or allow a credit to any vendor who establishes that such vendor overpaid the tax due pursuant to this article.

(2.5) (a) [Editor's note: This version of subsection (2.5)(a) is effective July 1, 2025.] Except as set forth in sections 29-2-208 (2)(a)(III) and 29-2-302 (5)(b), within three years after the due date of the return showing the overpayment or one year after the date of overpayment, whichever is later, a vendor shall file any claim for refund with the executive director of the department of revenue. The executive director shall promptly examine such claim and shall make a refund or allow a credit to any vendor who establishes that such vendor overpaid the tax due pursuant to this article 26.

(b) (I) A vendor may claim a refund on behalf of any purchaser of the vendor if:

(A) The purchaser could timely file a claim for a refund on his or her own behalf; and

(B) The vendor establishes to the satisfaction of the executive director of the department of revenue that the amount claimed, including any interest payable pursuant to section 39-21-110, has been or will actually be paid by the vendor to the purchaser.

(II) Nothing in this paragraph (b) shall prohibit a vendor from taking a credit that the vendor believes to be due on a subsequent period return for an overpayment or for tax collected in error and subsequently refunded to a purchaser; except that such credit shall be subject to audit and shall not bear any interest pursuant to section 39-21-110.

(c) No vendor shall be compelled by any party to file a refund claim pursuant to paragraph (b) of this subsection (2.5). It shall be a complete defense to any claim by a purchaser against a vendor for tax collected in error that the vendor has paid the tax over to the department of revenue. Any action by a purchaser for tax collected by a vendor in error that has been remitted to the department must be made pursuant to subsection (2) of this section and section 39-21-108.

(3) If any person is convicted under the provisions of section 39-21-118, the convictions shall be prima facie evidence that all refunds received by the person during the current year were obtained unlawfully, and the executive director of the department of revenue is empowered to bring appropriate action for recovery of such refunds. A brief summary statement of the above mentioned penalties shall be printed on each form application for refund.

(4) The burden of proving that sales, services, and commodities on which tax refunds are claimed are exempt from taxation under this part 7, or were not at retail, shall be on the one making such claim under such reasonable requirements of proof as the executive director of the department of revenue prescribes. Should the applicant for refund be aggrieved at the final decision of the executive director, the applicant may proceed to have the same reviewed by the district courts in the manner provided for review of other decisions of the executive director as provided in section 39-21-105.

(5) (a) (I) If a purchaser files a claim for refund of tax paid described in subsection (5)(b) of this section and pursuant to this article 26 to a vendor on or after July 1, 2022, but before July 1, 2026, the executive director of the department of revenue shall assess and collect, in addition to other penalties provided by law, a civil penalty as follows:

(A) Five percent of the total refund claimed if the claim is found to be materially incomplete; and

(B) Ten percent of the amount of the refund claim that is found to be duplicative or lacking a reasonable basis in law or in fact.

(II) The civil penalty imposed by this subsection (5) applies only to claims totaling five thousand dollars or more.

(III) The executive director of the department of revenue shall assess and collect, in the same manner as a sales or use tax deficiency, the civil penalty imposed by this subsection (5) from the purchaser unless the claim for refund is prepared, in whole or in part, by a person other than the purchaser, in which case the penalty is imposed on that person. The executive director shall give the person against whom the penalty is assessed written notice of the penalty in accordance with section 39-21-105.5. Within thirty days after such notice is mailed, the person against whom the penalty was assessed may petition the executive director for a hearing on the notice in the manner provided in section 39-21-103 and may appeal to the district court in the manner provided in section 39-21-105.

(b) A claim for refund is subject to the penalty under this subsection (5) if:

(I) It is incomplete;

(II) It includes a purchase for which an earlier claim for refund has already been filed; or

(III) It, or any part of it, lacks a reasonable basis in law or in fact.

(c) (I) A claim for refund is incomplete if it does not include the form and substantially all of the pertinent data, information, and documentation required by subsection (2)(d) of this section and the rules promulgated thereunder.

(II) Prior to assessing a penalty for a claim for refund due to incompleteness under subsection (5)(b)(I) of this section, the executive director shall notify the purchaser or the preparer of the claim, if any, that the claim appears to be incomplete. The notification must specify the pertinent data, information, and documentation that appears to be missing and must state that failure to either correct the omission or withdraw the claim for refund within sixty days of the date of the notice, plus such additional time allowed by the executive director for reasonable cause shown, will result in the assessment and collection of the civil penalty allowed under this subsection (5). Correcting the omission requires the purchaser or preparer to provide the missing data, information, and documentation and to demonstrate why the claim is not incomplete.

(d) If an application for refund is identified at the time of filing as a protective claim filed in order to preserve the right to a refund prior to the expiration of the statute of limitations, the executive director shall determine if the claim for refund is subject to the penalty under this subsection (5) after the claim for refund is perfected.

(e) The executive director of the department of revenue may waive the civil penalty imposed by this subsection (5) if the person against whom the penalty is assessed:

(I) Establishes that a duplicate claim was not intentional and was either minimal or immaterial; or

(II) Demonstrates other good cause for waiver of the civil penalty.

(f) This subsection (5) is repealed, effective July 1, 2030.
C.R.S. § 39-22-621 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-621
39-22-621. Interest and penalties
Status: in_force

39-22-621. Interest and penalties. (1) If any tax due under this article is not paid when due, by reason of extension granted, or otherwise, interest shall be added thereto at the rate imposed under section 39-21-110.5 from the due date thereof, in addition to any penalties which may be imposed by other provisions of this section. Interest on any deficiency in tax shall begin to accrue on the date prescribed in this article for payment of the tax.

(2) (a) If any person fails to file a return at the time required by the provisions of this article and no intent to evade the tax exists, and if there is a balance due to be paid with such return, there shall be collected as a penalty the sum of five dollars for such failure or five percent of the proper amount of tax on such return if the failure is for not more than one month, with an additional one-half percent for each additional month or fraction thereof during which such failure continues, not exceeding twelve percent in the aggregate, whichever is greater.

(b) If any person fails to pay any tax by the due date under the provisions of this article, there shall be collected as a penalty the sum of five dollars for such failure or five percent of the amount of such tax if the failure is for not more than one month, with an additional five-tenths of one percent for each additional month or fraction thereof during which such failure continues, not exceeding twelve percent in the aggregate, whichever is greater.

(c) As used in paragraphs (a) and (b) of this subsection (2), "tax" means the net amount of tax required to be shown on the return reduced by any amount paid on or before the date prescribed for payment of the tax and by the amount of any credit against the tax which may be claimed on the return. If the penalties provided for in paragraphs (a) and (b) of this subsection (2) both apply, then only the larger of the two penalties shall be assessed.

(d) If any person fraudulently or willfully fails to file any return, there shall be collected as a penalty for such failure the sum of seventy-five dollars or one hundred percent of the amount of the tax, if any, whichever is greater.

(e) If any person files a fraudulent, frivolous, or willfully false return, there shall be collected as a penalty the sum of one hundred fifty dollars or one hundred fifty percent of the amount of the tax, if any, whichever is greater.

(f) If, after determination and assessment of any tax imposed by this article, any person fails to pay the same within the time limited by any notice and demand sent to him by the executive director, there shall be collected as a penalty for such failure a sum equal to fifteen percent of the amount of the tax demanded.

(g) If any person fraudulently fails to pay any tax when due under the provisions of this article or willfully seeks to evade the payment thereof, there shall be collected as a penalty for such failure a sum equal to one hundred fifty percent of the amount of the tax.

(g.5) (I) If a tax return or a claim for refund is prepared, for compensation, by a person other than the taxpayer and if an understatement of liability with respect to such return or claim is due to the preparer's willful or reckless disregard of applicable laws or rules, as evidenced by the repeated assertion of a position that the preparer knew or should have known did not have a realistic possibility of being sustained on its merits, there shall be collected from the preparer a penalty of five hundred dollars. If the tax return preparer is employed by another person in the business of tax return preparation and if the employer either ordered the understatement of liability or had knowledge of the understatement of liability and did not attempt to prevent the tax return preparer from making the understatement of liability, an equivalent penalty may also be collected from the employer. A separate penalty shall be collected for each tax return or claim for refund prepared as described in this paragraph (g.5).

(II) This subsection (2)(g.5) shall not apply to:

(A) A certified public accountant who is permitted to practice under article 100 of title 12. If the executive director becomes aware of conduct by a tax return preparer exempted by this subsection (2)(g.5)(II) that would, but for such exemption, subject the tax return preparer to a penalty under subsection (2)(g.5)(I) of this section, the executive director may disclose the name of such tax return preparer to the state board of accountancy.

(B) A person who is regularly or continuously employed by another and, acting at the direction of the employer, prepares that employer's return or claim for refund; or

(C) A person who furnishes only typing, reproducing, or other ministerial or administrative assistance to a tax return preparer.

(h) If any part of any deficiency is due to negligence or disregard of the laws or rules or regulations but without intent to defraud, twenty-five percent of the total amount of the deficiency, in addition to such deficiency, shall be assessed, collected, and paid in the same manner as if it were a deficiency.

(i) All of the penalties provided in paragraphs (a) to (h) of this subsection (2) shall be cumulative and shall be collected at the same time and in the same manner as the tax.

(j) The executive director, for good cause, may waive or reduce any penalties assessed pursuant to this article and interest imposed in excess of the rate imposed pursuant to section 39-21-110.5, upon making a record of his reasons therefor.

(k) The provisions of this section shall not apply to any estimated tax required to be paid by or under the provisions of sections 39-22-605 and 39-22-606.

(3) (a) Any person required under this article or required by regulations made under authority thereof, to make a return, keep any records, or supply any information, for the purpose of the computation, assessment, or collection of any tax imposed by this article, who willfully fails to make such return, keep such records, or supply such information at the time required by law or regulations, in addition to other penalties provided by law, shall be punished as provided in section 39-21-118.

(b) Any person required under this article to collect, account for, and pay over any tax imposed by this article, who willfully fails to collect or truthfully account for and pay over such tax, and any person who willfully fails to pay any tax, or in any manner evades or defeats any tax imposed by this article or the payment thereof, in addition to other penalties provided by law, shall be punished as provided in section 39-21-118.

(c) "Person", as used in this subsection (3), includes an officer or employee of a corporation or a member or employee of a partnership or limited liability company, who as such an officer, employee, or member is under a duty to perform the act in respect to which the violation occurs.
C.R.S. § 39-22-548 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-548
39-22-548. Colorado homeless contribution tax credit - legislative declaration - definition
Status: repealed

39-22-548. Colorado homeless contribution tax credit - legislative declaration - definitions - repeal. (1) (a) In accordance with section 39-21-304 (1), which requires each bill that creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that the general legislative purpose of this tax expenditure is to induce certain designated behavior by taxpayers. Specifically, this tax expenditure is intended to encourage taxpayers to make contributions to approved nonprofit organizations providing certain qualifying activities to leverage financial contributions from Colorado residents and businesses to support providing appropriate housing and services to assist individuals and families experiencing homelessness. The tax expenditure will catalyze and strengthen statewide efforts to address the effects of homelessness through private investment and civic engagement in Colorado-based service providers for individuals and families experiencing homelessness.

(b) The annual review presented by the division as set forth in subsection (6) of this section will allow the general assembly and the state auditor to measure the effectiveness of the tax expenditure.

(2) As used in this section, unless the context otherwise requires:

(a) "Approved nonprofit organization" means a nonprofit organization that provides a qualifying activity and that has been reviewed and approved by the division as specified in subsection (5) of this section and has a history or track record of success in delivering services and demonstrated financial viability.

(b) "Approved project" means a project administered by an approved nonprofit organization that has been evaluated, reviewed, and approved by the division as specified in subsection (5) of this section, and that implements one or more qualifying activities.

(c) "Capital campaign" means a campaign that encourages public and private partnerships and is focused on raising funds for a specific capital project. The capital project must involve construction and implementation that commences within three years of the project being approved by the division. A "capital campaign" must include a campaign for one or more of the following:

(I) Supportive housing for individuals or families experiencing homelessness;

(II) Community overnight shelters, community day shelters, or emergency shelters;

(III) Facilities, including the acquisition or rehabilitation of facilities, used to provide housing or services to individuals or families experiencing homelessness, including facilities that are necessary to perform qualifying services; or

(IV) Facilities needed to provide administrative support for approved projects.

(d) "Division of housing" or "division" means the division of housing in the department of local affairs created in section 24-32-704.

(e) "In-kind contribution" means a contribution that is not a monetary contribution and is valued over five thousand dollars pursuant to an independent third-party valuation, including a contribution of property, services, stocks, bonds, or other intangible property.

(f) "Monetary contribution" means a contribution in United States currency in any form, including cash, payment made by check, electronic funds transfer, debit card, or credit card.

(g) "Nonprofit organization" means any organization in good standing with the secretary of state that is exempt from taxation pursuant to section 501 (a) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501 (a), as amended, and listed as an exempt organization in section 501 (c)(3) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501 (c)(3), as amended.

(h) "Operational service" means a service with the primary focus on assisting individuals or families experiencing homelessness or, in the case of prevention, individuals or families facing imminent risk of homelessness. An operational service must also be a service that supports or provides:

(I) Outreach efforts to engage or provide services to unsheltered individuals or families experiencing homelessness;

(II) Safe emergency, temporary, or transitional shelters, such as day shelters, that may include supportive services to individuals or families experiencing homelessness;

(III) Prevention services that target individuals or families facing imminent risk of homelessness as defined by the department of local affairs;

(IV) Supportive housing for individuals or families experiencing homelessness or who would otherwise be homeless;

(V) Services designed to assist individuals or families experiencing homelessness to obtain an employment outcome, including job placement services and services that help individuals become workforce ready;

(VI) Case management, including establishing client goals for individuals or families experiencing homelessness and coordination of referrals to address health or mental health benefit procurement and procurement of other essential services for individuals or families experiencing homelessness;

(VII) Shelters and services for survivors of domestic violence who are fleeing an abusive household; or

(VIII) The implementation and operation of successor projects or other services for individuals or families experiencing homelessness that are identified by the division as emerging, promising, and providing best practices.

(i) "Qualifying activity" means a capital campaign or an operational service.

(j) "Taxpayer" means a resident individual or a domestic or foreign corporation subject to part 3 of this article 22, a partnership, S corporation, or other similar pass-through entity, estate, or trust that makes a contribution as an entity, and a partner, member, and subchapter S shareholder of such a pass-through entity.

(3) (a) For income tax years commencing on or after January 1, 2023, but before January 1, 2027, except as provided in subsection (3)(b) of this section, any taxpayer who makes a monetary or in-kind contribution to an approved nonprofit organization, or to an approved project administered by an approved nonprofit organization, is allowed a credit equal to twenty-five percent of the total value of the contribution, subject to the limitations specified in subsection (3)(d) of this section.

(b) If a taxpayer makes a monetary or in-kind contribution to an approved nonprofit organization, or to an approved project administered by an approved nonprofit organization, in an underserved, rural county, as defined by the division in its guidelines for the program, then the taxpayer is allowed a credit equal to thirty percent of the total value of the contribution, subject to the limitations in subsection (3)(d) of this section.

(c) The approved nonprofit organization that receives the allowable contribution shall issue a tax credit certificate to each taxpayer that makes an allowable contribution pursuant to subsections (3)(a) or (3)(b) of this section; except that the approved nonprofit organization shall not issue tax credit certificates that total more than seven hundred fifty thousand dollars per income tax year, and if the approved nonprofit organization administers one or more approved projects, in addition to providing a qualifying service, then the approved nonprofit organization shall not issue tax credit certificates for allowable contributions to one or more approved projects that total more than an additional seven hundred fifty thousand dollars per income tax year. The tax credit certificate must state a unique certificate identification number, the amount of the allowable contribution, the taxpayer's name, the last four digits of the taxpayer's social security number or the taxpayer's full federal employer identification number, the type of the contribution, the date the taxpayer made the contribution, the amount of the tax credit that is authorized for that taxpayer, and any other information that the executive director of the department of revenue may require. Tax credit certificates shall be issued in the order of received allowable contributions.

(d) (I) (A) The credit allowed in subsections (3)(a) and (3)(b) of this section shall not exceed one hundred thousand dollars per taxpayer per tax year.

(B) For a contribution made pursuant to subsections (3)(a) or (3)(b) of this section that is made in a cash payment, the contribution must be equal to or greater than one hundred dollars.

(C) In the case of a partnership, S corporation, or other similar pass-through entity, the limitations in this subsection (3)(d) apply at the entity level.

(II) In no event is a credit allowed pursuant to this section for contributions that directly benefit the taxpayer. If a taxpayer receives a benefit for the contribution, the value of the contribution is reduced by the value of the benefit received by the taxpayer to arrive at the contribution that may be certified for the income tax credit allowed in this section.

(III) If the amount of the allowed credit exceeds the amount of income taxes otherwise due on the income of the taxpayer in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in that income tax year may be carried forward as a credit against subsequent years' income tax liability for a period not exceeding five years and must be applied first to the earliest income tax years possible. Any credit remaining after the period may not be refunded or credited to the taxpayer.

(4) On or before November 1, 2022, and on or before November 1 of each year thereafter, the division shall develop and post on the division's website a list, including a description, of all approved nonprofit organizations and any approved projects administered by an approved nonprofit organization to which taxpayers may contribute during the next calendar year for the purpose of receiving a tax credit pursuant to this section. Any modifications to the list, including nonprofit organizations or proposed projects of an approved nonprofit organization that are later approved, must be posted on the division's website no later than sixty days after the modification is made. The division shall review a proposed nonprofit organization and any proposed project of an approved nonprofit organization for eligibility and approval as described in subsection (5) of this section.

(5) (a) (I) A nonprofit organization shall apply to the division for approval to receive allowable contributions under this section, including approval of a proposed project. The application must:

(A) Set forth the qualifying activity that the nonprofit organization provides, and, in addition, for a proposed project, the qualifying activity that the project will implement;

(B) Provide a letter of approval from the nonprofit organization's board of directors;

(C) Provide evidence that the nonprofit organization is in good standing with the secretary of state; and

(D) Submit a recent audit or financial report to the division in a form that is acceptable to the division.

(II) An organization that has a program as set forth in section 39-30-103.5 (3)(a) that has been approved by the Colorado economic development commission under section 39-30-103.5 is deemed approved for purposes of compliance with this section to receive eligible contributions unless otherwise specifically disapproved by the division so long as the organization:

(A) Is a nonprofit;

(B) Provides or has the intent to provide a qualifying activity;

(C) Can provide a letter of approval from its board of directors;

(D) Submits a recent audit or financial report to the division in a form that is acceptable to the division; and

(E) No later than four years from August 10, 2022, submits an application for reapproval pursuant to subsection (5)(g) of this section.

(III) When reviewing applications and organizations for approval pursuant to subsections (5)(a)(I) and (5)(a)(II) of this section, with respect to a nonprofit organization's proposed qualifying activity or activities, the division shall consider the financial management capacity and operational capacity of the nonprofit organization and evaluate the capability of the nonprofit organization to enter a monitoring agreement for the purpose of the division evaluating the efficacy of the nonprofit organization and its qualifying activity or activities.

(b) The division shall review applications received pursuant to subsection (5)(a) of this section in a timely manner and in a time frame set forth in the division's guidelines for the program. The division shall issue a notice of approval or disapproval of a nonprofit organization, a proposed project, or both in writing.

(c) The division is authorized to hold hearings in order to review a nonprofit organization's request to reconsider a decision regarding disapproval within thirty days after the date of the disapproval notice.

(d) Once approved, the nonprofit organization shall maintain an accounting system and appropriate records to track contributions received by taxpayers for which a tax credit was allowed under this section and to accurately associate the use of the contributions with qualifying activities, an approved project, or both.

(e) The division shall specify in program guidelines what information regarding qualifying activities must be reported by the nonprofit organization and can request from the nonprofit organization an audit or financial report in a form that is acceptable to the division.

(f) (I) No later than June 30, 2025, the division shall complete a review of every organization and project deemed approved under subsection (5)(a)(II) of this section, and no later than June 30, 2026, and June 30 of each year thereafter, the division shall complete a review of every other approved nonprofit organization and approved project to evaluate performance and compliance with the requirements of this section. The division must review the qualifying activities being provided and determine how the activities are addressing current and emerging needs of individuals and families experiencing homelessness in each approved nonprofit organization's community, or, if applicable, each approved project's community.

(II) The division has the authority to monitor and audit approved nonprofit organizations and their performance and may disapprove an approved nonprofit organization or an approved project of an approved nonprofit organization if the approved nonprofit organization is not meeting expectations or if the approved nonprofit organization is otherwise not in compliance with objectives outlined in this section or program guidelines, or, if applicable, in the project proposal. The division shall immediately notify the department of revenue if an approved nonprofit organization or an approved project of an approved nonprofit organization is disapproved as a result of a review or audit in order to ensure that contributions made by taxpayers on or after the date of disapproval are no longer eligible for the tax credit allowed in this section.

(g) An approved nonprofit organization shall apply for reapproval with the division every four years in the same manner provided for approval in subsection (5)(a)(I) of this section. When applying for reapproval, the nonprofit organization may add or remove qualifying activities in the reapproval application. It is expected that a nonprofit organization will revise any previously approved goals, objectives, and expected outcomes of its qualifying activities to adjust to changes in community needs, emerging best practices, and feedback from the division.

(6) The division shall present an annual review of approved nonprofit organizations and any approved projects administered by an approved nonprofit organization to the state housing board created in section 24-32-706. The annual review must include individual and collective outputs and outcomes of each approved nonprofit organization described in this section and must summarize contributions received and tax credit certificates issued for the reporting period, including an estimate of expected contributions for the upcoming calendar year.

(7) The division shall develop program guidelines, with stakeholder involvement, for the administration of this section.

(8) (a) On or before September 30 of each calendar year, the state director of housing or the director's designee shall transmit to the department of revenue the data regarding income tax credits allowed pursuant to this section that are certified or approved by the division from January 1 through June 30 of the same calendar year.

(b) On or before March 31 of each calendar year, the state director of housing or the director's designee shall transmit to the department of revenue the data regarding income tax credits allowed pursuant to this section that are certified or approved by the division from July 1 through December 31 of the previous calendar year.

(9) This section is repealed, effective December 31, 2040.
C.R.S. § 39-28.5-103 — CO Code / Title 39 / Article 28.5 / Section 39-28.5-103
39-28.5-103. Exempt sales
Status: in_force

39-28.5-103. Exempt sales. The tax imposed by section 39-28.5-102 shall not apply with respect to any tobacco products which, under the constitution and laws of the United States, may not be made the subject of taxation by this state. Such exempt sales shall be reported to the department with such information as the department shall require.
C.R.S. § 39-22-3302 — CO Code / Title 39 / Article 22 / Part 33 / Section 39-22-3302
39-22-3302. Voluntary contribution designation - procedure
Status: in_force

39-22-3302. Voluntary contribution designation - procedure. For income tax years commencing on or after January 1, 2016, the Colorado state individual income tax return form must contain a line whereby each individual taxpayer may designate the amount of the contribution, if any, the individual wishes to make to the Colorado cancer fund created in section 39-22-3303.
C.R.S. § 39-21-305 — CO Code / Title 39 / Article 21 / Part 3 / Section 39-21-305
39-21-305. Tax expenditure - state auditor evaluation
Status: repealed

39-21-305. Tax expenditure - state auditor evaluation. (1) (a) The state auditor shall evaluate the state's tax expenditures pursuant to the requirements in this section. In evaluating each tax expenditure, the state auditor shall consult with the intended beneficiaries or representatives of the intended beneficiaries of the tax expenditure. In addition, if the tax expenditure is intended to benefit a specific geographic region of the state, the state auditor shall consult with the intended beneficiaries in that specific geographic region of the state.

(b) The state auditor's tax expenditure evaluation must include the following:

(I) A summary description of the purpose, intent, or goal of the tax expenditure;

(II) The intended beneficiaries of the tax expenditure;

(III) Whether the tax expenditure is accomplishing its purpose, intent, or goal;

(IV) An explanation of the intended economic costs and benefits of the tax expenditure, with analyses to support the evaluation if they are available or reasonably possible;

(V) A comparison of the tax expenditure to other similar tax expenditures in other states;

(VI) Whether there are other tax expenditures, federal or state spending, or other government, nonprofit, commercial, volunteer, or philanthropic programs, to the extent the information is readily available, that have the same or similar purpose, intent, or goal as the tax expenditure, how those all are coordinated, and if coordination could be improved, or whether any redundancies can be eliminated;

(VII) If the evaluation of a particular tax expenditure's economic impact is made difficult because of data constraints, any suggestions for changes in administration or law that would facilitate such data collection; and

(VIII) An explanation of the performance measures used to determine the extent to which the tax expenditure is accomplishing its purpose, intent, or goal. The performance measures must be clear and relevant to the specific tax expenditure being evaluated, should be measurable and track actionable goals, and can be assessable and reportable over time. The state auditor shall consider the original legislative intent as well as subsequent developments in the state's economy, the national economy, and any changes in national, state, or local fiscal policies and conditions.

(c) To the extent it can be determined by the state auditor, the tax expenditure evaluation should also include the following:

(I) The extent to which the tax expenditure is a cost-effective use of resources compared to other options for using the same resources to address the same purpose, intent, or goal;

(II) An analysis of the tax expenditure's effect on competition and on business and stakeholder needs;

(III) Whether there are any opportunities to improve the effectiveness of the tax expenditure in meeting its purpose, intent, or goal; and

(IV) An analysis of the effect of the state tax policies connected to local taxing jurisdictions on the overall purpose, intent, or goal of the tax expenditure.

(c.5) In addition to any other requirements in this section, the manner in which the state auditor evaluates the state's tax expenditures is governed by the following:

(I) New tax expenditures will be evaluated in accordance with the schedule set by the state auditor in subsection (1)(d) of this section;

(II) Tax expenditures that have been evaluated by the state auditor in accordance with this section do not need to be evaluated again, but the state auditor, in the state auditor's discretion, may reevaluate tax expenditures if there have been substantial changes to the tax expenditure;

(III) Tax expenditures that are on the state auditor's schedule for evaluation but have been repealed or are set to repeal within a year of the evaluation do not need to be evaluated; and

(IV) For a tax expenditure that is in effect for three years or less, the state auditor shall make the auditor's best effort to prepare a report for the tax expenditure using the best available data.

(d) (I) No later than September 15, 2017, the state auditor shall develop and publish a multi-year schedule that lists all tax expenditures in law as of July 1, 2017, and indicates the year when the evaluation report will be published for each tax expenditure. In developing the multi-year schedule the state auditor shall endeavor to review the oldest tax expenditures first and shall endeavor to review a tax expenditure with a statutory repeal date so that the evaluation report for such tax expenditure is available during the legislative session held in the calendar year before the tax expenditure is scheduled to repeal.

(II) The state auditor may revise the schedule established in subsection (1)(d)(I) of this section so long as the state auditor continues to provide for a systematic evaluation of tax expenditures, including any new tax expenditures enacted by the general assembly since the publication of a previous evaluation report. In revising the schedule, the state auditor may consider when sufficient data is expected to be available in order to review a tax expenditure.

(e) Notwithstanding section 2-3-103 (2), the state auditor shall present the results in the form of an evaluation report that the state auditor shall ensure is posted on the general assembly's website, and, notwithstanding section 24-1-136 (9), the state auditor shall deliver a copy of the report to the joint budget committee and the finance committees of the senate and the house of representatives. The state auditor shall ensure the first evaluation report is delivered and posted no later than September 14, 2018, and shall ensure subsequent evaluation reports are delivered and posted no later than June 30 of each year thereafter.

(2) (a) Any records, information, or documentation generated pursuant to this section are work papers of the state auditor and shall be open to public inspection only upon approval of a majority of members of the legislative audit committee created in section 2-3-101, C.R.S. Only the specific work papers that the legislative audit committee votes to approve for disclosure shall be open to public inspection. Work papers that have not been specifically approved for disclosure by a majority vote of the legislative audit committee shall remain confidential. Under no circumstances shall the work papers be open to public inspection prior to a completed report being posted as specified in paragraph (e) of subsection (1) of this section.

(b) The department of revenue must provide any requested information, analysis, or data, if available and under the control of the department, as requested by the state auditor; except that, if the request includes confidential information, such information must remain confidential in the hands of the state auditor, and the state auditor is subject to the same limitations specified in section 39-21-113.

(c) The state auditor's authority set forth in section 2-3-107, C.R.S., applies to the state auditor's evaluation set forth in this section.
C.R.S. § 39-22-562 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-562
39-22-562. Apprenticeship tax credit - tax preference performance statement - legislative d
Status: repealed

39-22-562. Apprenticeship tax credit - tax preference performance statement - legislative declaration - definitions - rules - repeal. (1) (a) The general assembly finds and declares that:

(I) Colorado is committed to accelerating new apprenticeship program growth on a diverse basis, especially in new and emerging industries that have been traditionally underrepresented in registered apprenticeships; and

(II) Many employers are interested in providing high-quality registered apprenticeships to address their skilled worker shortages but face financial barriers, especially small businesses.

(b) In accordance with section 39-21-304 (1), which requires each bill that creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that the purpose of the tax credit provided for in this section is to induce certain designated behavior by taxpayers and to provide a reduction in income tax liability for certain businesses that hire apprentices. Specifically, this tax expenditure is intended to incentivize the hiring of apprentices and growth of registered apprenticeship programs in new and emerging industries.

(c) The general assembly and the state auditor shall measure the effectiveness of the tax credit in achieving the purposes specified in subsection (1)(b) of this section based on the number and value of the credits claimed.

(2) As used in this section, unless the context otherwise requires:

(a) "Apprentice" has the same meaning as set forth in section 8-15.7-101 (1).

(b) "Certificate of registration" has the same meaning as set forth in section 8-15.7-101 (6).

(c) "Credit" means the credit against income tax created in this section.

(d) "Department" means the department of revenue.

(e) "Employee" has the same meaning as set forth in section 39-22-604 (2)(a); except that "employee" includes only those individuals who perform services for the taxpayer for at least one thousand forty hours per income tax year.

(f) "New and emerging industry" does not include the building and construction trades as described in section 8-15.7-105 (4).

(g) "Qualified taxpayer" or "taxpayer" means a person subject to tax pursuant to this article 22 that is doing business in this state and that employs an apprentice in the relevant tax year.

(h) "Registered apprenticeship program" has the same meaning as set forth in section 8-15.7-101 (13).

(i) "Small business" means a business with fewer than fifty employees.

(j) "State apprenticeship agency" or "SAA" has the same meaning as set forth in section 8-15.7-101 (16).

(3) (a) Subject to the limitations set forth in subsection (3)(b) of this section, for income tax years commencing on or after January 1, 2025, but before January 1, 2035, a qualified taxpayer in a new and emerging industry is allowed an apprenticeship tax credit against the income tax imposed by this article 22 for each apprentice who is an employee of the taxpayer in this state for no less than six months during the taxpayer's income tax year. The credit is equal to up to six thousand three hundred dollars for six months of employment plus up to one thousand fifty dollars for each additional month of employment, for a maximum of twelve thousand six hundred dollars per apprentice per income tax year; except that the taxpayer shall not claim a credit for:

(I) More than ten apprentices per income tax year;

(II) The same apprentice for more than two consecutive income tax years; and

(III) An apprentice for months when the apprentice did not receive wages from the taxpayer.

(b) A qualified taxpayer must either:

(I) Have established a registered apprenticeship program in good standing with the SAA and received a certificate of registration from the state apprenticeship agency; or

(II) Be an employer-partner of a registered apprenticeship program in good standing with the SAA as verified by the qualified taxpayer's inclusion on the Colorado state apprenticeship resource directory pursuant to section 8-83-308.

(c) To claim the credit, the taxpayer must reserve the credit as set forth in subsection (4) of this section and annually apply for and receive an income tax credit certificate from the state apprenticeship agency pursuant to subsection (5) of this section.

(4) (a) To claim a credit pursuant to this section, a taxpayer must submit an application for the reservation of a tax credit to the SAA in the form and manner prescribed by the SAA.

(b) The SAA shall review all submitted applications to:

(I) Determine whether the applicant is a qualified taxpayer;

(II) Determine whether the applicant has complied with the requirements of subsection (3)(b) of this section;

(III) Determine whether the individual for whom the application is submitted is an apprentice, is an employee, and complies with any standards set forth in article 15.7 of title 8; and

(IV) Calculate the number of months each prospective apprentice is expected to be employed.

(c) (I) Based upon the number of apprentices the qualified taxpayer expects to employ, and the number of months each apprentice is expected to be employed, the SAA may reserve for the benefit of each qualified taxpayer all or part of the credit amount requested by the qualified taxpayer; except that the SAA shall not reserve an amount in excess of the credit allowed by subsection (3)(a) of this section.

(II) The aggregate amount of credits reserved for all qualified taxpayers must not exceed fifteen million dollars per calendar year. The SAA may reserve credits for the current or any future calendar year based upon the expected employment dates indicated in a qualified taxpayer's application. For a qualified taxpayer whose income tax year is not a calendar year, the reservation is effective for the income tax year that begins during the calendar year for the reservation.

(III) If, for any calendar year, the aggregate amount of reservations for tax credits the SAA has approved is equal to the total amount of tax credits available for reservation for a current or future calendar year, the SAA shall notify all qualified taxpayers that have submitted applications then awaiting approval or that have submitted applications for approval after the calculation is made that additional approvals of applications for reservations of tax credits shall not be granted for the calendar year. The pending applications must remain pending in the order received for up to two years after the date the original application is received by the SAA and shall be considered for reservations of tax credits in the event that additional credits become available pursuant to subsection (5)(b) of this section.

(d) (I) If the SAA reserves credits for the benefit of a qualified taxpayer, the SAA shall notify the qualified taxpayer of the reservation and the amount reserved. The reservation of tax credits does not entitle the qualified taxpayer to an issuance of a tax credit certificate until the qualified taxpayer complies with all of the requirements of this section or standards of the SAA for the issuance of a tax credit certificate.

(II) The SAA shall notify any qualified taxpayer for which the SAA did not reserve a credit under subsection (4)(c) of this section of its decision in writing. If the SAA determines that a qualified taxpayer's application is incomplete or that the application does not comply with the requirements of this section or the standards established by the SAA, the SAA shall remove the application from the review process and notify the qualified taxpayer in writing of its decision.

(5) (a) (I) A qualified taxpayer shall submit an application to the SAA for an income tax credit certificate to claim the credit allowed by this section on a form and in a manner prescribed by the SAA. The application must include identifying information for each apprentice employed in the state for which the qualified taxpayer is submitting an application for a tax credit, the amount of credit requested, and sufficient information to allow the SAA to make a determination that:

(A) The taxpayer meets the requirements set forth in this section;

(B) The apprentice for whom the application is submitted meets the standards set forth in article 15.7 of title 8; and

(C) The apprentice for whom the application is submitted has not been the subject of a taxpayer's application for more than two income tax years.

(II) Except as provided in subsection (5)(b)(II) of this section, the SAA:

(A) May issue one income tax credit certificate per income tax year to each qualified taxpayer that, at a minimum, specifies the taxpayer's identifying information and the total amount of the credit allowed; and

(B) Shall not issue an income tax credit certificate in excess of the amount reserved for the qualified taxpayer for the calendar year pursuant to subsection (4) of this section.

(b) If the actual aggregate amount of income tax credit certificates issued for a calendar year is less than the maximum aggregate amount of credits allowed to be reserved for all qualified taxpayers, the SAA shall apply the remaining balance in the following order:

(I) Reserve the remaining balance for any applications pending in order of priority pursuant to subsection (4)(c)(III) of this section; and

(II) Issue an additional tax credit certificate up to the amount allowed pursuant to subsection (3)(a) of this section to any qualified taxpayer whose actual credit earned exceeded the amount reserved pursuant to subsection (4) of this section.

(c) (I) The SAA shall maintain a database of any information determined necessary by the SAA to evaluate the effectiveness of the income tax credit allowed in this section in meeting the purpose set forth in subsection (1)(b) of this section and shall provide such information, and any other information that may be needed, if available, to the state auditor as part of the state auditor's evaluation of the tax expenditure required by section 39-21-305.

(II) The SAA shall, in a sufficiently timely manner to allow the department to process returns claiming the income tax credit allowed in this section, provide the department with an electronic report for the preceding tax year listing each qualified taxpayer to which the SAA issued an income tax credit certificate and that includes the following information:

(A) The taxpayer's name;

(B) The amount of the income tax credit that the tax credit certificate indicates the taxpayer is eligible to claim; and

(C) The taxpayer's social security number or the taxpayer's Colorado account number and federal employer identification number.

(III) (A) The SAA shall prescribe forms and promulgate rules pursuant to article 4 of title 24 establishing the standards for which an income tax credit certificate under this subsection (5) is issued.

(B) In establishing the standards required by subsection (5)(c)(III)(A) of this section, the SAA shall obtain input from employers and apprentices on elements of program quality for registered apprenticeship programs in new and emerging industries.

(C) Qualified taxpayers that have previously claimed the income tax credit and seek to claim the income tax credit in future tax years shall provide information regarding how they have satisfied the standards issued pursuant to subsection (5)(c)(III)(A) of this section related to program quality in their reapplication for the income tax credit.

(IV) The SAA shall conduct outreach to small businesses to ensure they are aware of the tax credit and provide technical assistance to minimize the administrative burden of submitting an application for the reservation of a tax credit.

(6) To claim the credit authorized by this section, a taxpayer shall file the income tax credit certificate with the taxpayer's state income tax return. The amount of the credit that the taxpayer may claim pursuant to this section is the amount stated on the income tax credit certificate.

(7) If a taxpayer claims the credit allowed in this section, the taxpayer shall not claim a credit for the same apprentice pursuant to section 39-22-531, 39-30-105.1, or 39-30.5-105.

(8) If an income tax credit authorized in this section exceeds the income tax due on the income of the taxpayer for the taxable year, the excess credit shall not be carried forward and must be refunded to the taxpayer.

(9) This section is repealed, effective December 31, 2037.
C.R.S. § 39-24-112 — CO Code / Title 39 / Article 24 / Section 39-24-112
39-24-112. Compromise by parties
Status: in_force

39-24-112. Compromise by parties. Nothing in this article shall prevent at any time a written compromise, if otherwise lawful, by all parties to the agreement made pursuant to section 39-24-104, fixing the amounts to be accepted by this and any other state involved in full satisfaction of inheritance taxes.
C.R.S. § 39-3.5-110 — CO Code / Title 39 / Article 3.5 / Section 39-3.5-110
39-3.5-110. Events requiring repayment of loans - notice to state treasurer
Status: in_force

39-3.5-110. Events requiring repayment of loans - notice to state treasurer. (1) All loans for deferred real property taxes, including accrued interest, shall become payable subject to sections 39-3.5-111 and 39-3.5-112 when:

(a) The taxpayer who claimed the tax deferral dies;

(b) The property on which the taxes were deferred is sold or becomes subject to a contract of sale, or title to the property is transferred to someone other than the taxpayer who claimed the tax deferral;

(c) The property is no longer the homestead of the taxpayer who claimed the deferral, except in the case of a taxpayer required to be absent from such tax-deferred property by reason of ill health or because the property is uninhabitable as a result of natural causes;

(d) The tax-deferred property no longer meets the requirement of section 39-3.5-103 (1)(c);

(d.5) The tax-deferred property no longer meets the requirement of section 39-3.5-103 (1)(f), except in the case of a property whose value has decreased as a result of natural causes; and

(e) The location of the tax-deferred mobile home has changed either within the county or to another county.

(1.5) The exceptions related to natural causes set forth in subsections (1)(c) and (1)(d.5) of this section apply for three years from the date of the natural cause or until the date that the property is no longer valued as vacant residential land, whichever date is sooner.

(2) When the assessor or treasurer has reason to believe any of the circumstances enumerated in this section has occurred, he shall promptly notify the state treasurer.
C.R.S. § 39-8-102 — CO Code / Title 39 / Article 8 / Section 39-8-102
39-8-102. Duties of county board of equalization
Status: repealed

39-8-102. Duties of county board of equalization. (1) The county board of equalization shall review the valuations for assessment of all taxable property appearing in the assessment roll of the county, directing the assessor to supply any omissions which may come to its attention. It shall correct any errors made by the assessor, and, whenever in its judgment justice and right so require, it shall raise, lower, or adjust any valuation for assessment appearing in the assessment roll to the end that all valuations for assessment of property are just and equalized within the county.

(2) (a) to (h) Repealed.

(i) The county board of equalization shall have the authority to appoint independent referees who are experienced in property valuation to conduct hearings pursuant to subsection (1) of this section on behalf of the county board of equalization and to make findings and submit recommendations to the county board of equalization for its final action. However, no person shall be appointed as an independent referee pursuant to the provisions of this paragraph (i) in any county during any property tax year in which such person represents or has represented any taxpayer in such county in any matter relating to the protest and appeal of property valuation or to the abatement or refund of property taxes. In addition, no person appointed as an independent referee pursuant to the provisions of this paragraph (i) shall represent any taxpayer who appeared in any hearing before such independent referee in any matter subsequent to such hearing relating to the protest and appeal of property valuation or to the abatement or refund of property taxes.

(j) and (k) Repealed.

(3) (Repeal provision deleted by revision.)

(4) Repealed.
C.R.S. § 39-21-115 — CO Code / Title 39 / Article 21 / Part 1 / Section 39-21-115
39-21-115. Reciprocity with other states for collection of taxes provided
Status: repealed

39-21-115. Reciprocity with other states for collection of taxes provided. (1) Any state of the United States or any political subdivision thereof has the right to sue in the courts of the state of Colorado to recover any lawfully imposed taxes which may be owing it, whether or not the taxes have been reduced to judgment, when the like right is accorded to the state of Colorado and its political subdivisions by that state through statutory authority or granted as a matter of comity. The appropriate officials of such other states are authorized to bring action in the courts of this state for the collection of such taxes. The certificate of the secretary of state of such other state that such officials have the authority to collect the taxes to be collected by such action shall be the conclusive proof of authority.

(2) The attorney general or an appropriate official of any political subdivision of the state of Colorado may bring suit in the courts of other states to collect taxes legally due this state or any political subdivision thereof.

(3) "Taxes" as used in this section includes:

(a) Any tax assessments lawfully made, whether they are based upon a return or other disclosure of the taxpayer, or upon the information and belief of the taxing authority, or otherwise;

(b) Any penalties lawfully imposed pursuant to a taxing statute; and

(c) Interest charges lawfully added to the tax liability which constitutes the subject of the action.

(4) Repealed.
C.R.S. § 39-29-116 — CO Code / Title 39 / Article 29 / Section 39-29-116
39-29-116. Uranium mill tailings remedial action program fund - creation - oversight commit
Status: repealed

39-29-116. Uranium mill tailings remedial action program fund - creation - oversight committee - repeal. (1) The general assembly hereby declares that the purpose of creating the uranium mill tailings remedial action program fund is to provide a funding source to match federal funds available under the federal "Uranium Mill Tailings Radiation Control Act of 1978", 42 U.S.C. sec. 7901 et seq., for the purpose of cleaning up certain sites designated in Colorado for cleanup. The general assembly states that its intent in enacting this section is to assure that Colorado has those state moneys set aside in order to obtain the federal funds before those federal funds are completely used in cleaning up other sites or are no longer available. The general assembly further intends that the amount of moneys transferred into this new fund from the severance tax trust fund and the amounts which will be awarded from the local government severance tax fund and the local government mineral impact fund should be sufficient to clean up all of the federal designated sites in Colorado without additional appropriation, transfers, or awards.

(2) There is hereby created in the office of the state treasurer the uranium mill tailings remedial action program fund for the sole purpose of providing a state match to federal funds available for the cleanup of uranium mill tailing sites as designated for cleanup under the federal "Uranium Mill Tailings Radiation Control Act of 1978", 42 U.S.C. sec. 7901 et seq. The fund shall consist of moneys transferred to the fund from the severance tax trust fund in accordance with section 39-29-109 (5) as it existed prior to its repeal and any other moneys made available or appropriated into the uranium mill tailings remedial action program fund pursuant to subsection (3) of this section. The moneys in the uranium mill tailings remedial action program fund available for remedial costs only shall not exceed fifty-seven million dollars. Moneys in the fund shall be subject to annual appropriation. All interest derived from the deposit and investment of moneys in the uranium mill tailings remedial action program fund shall be credited to such fund. Any unexpended and unencumbered moneys in the uranium mill tailings remedial action program fund at the end of the 1998-99 fiscal year shall be credited and transferred to the local government severance tax fund established pursuant to section 39-29-110.

(3) (a) The state treasurer may accept and credit to the uranium mill tailings remedial action program fund any donations received by the state for the express purpose of projects for the cleanup of uranium mill tailings. The donations may include any amounts made available from the local government severance tax fund and the local government mineral impact fund as directed by the executive director of the department of local affairs pursuant to section 39-29-110 and section 34-63-102, C.R.S. It is the intent of the general assembly that a minimum of six million dollars be retained in the local government severance tax fund and the local government mineral impact fund for grants and loans to local communities.

(b) Before or during fiscal year 1993-94, the executive director of the department of local affairs shall distribute not less than five million dollars to the uranium mill tailings remedial action program fund from the local government mineral impact fund, the local government severance tax fund, or a combination thereof. The executive director shall determine the amount of moneys, if any, to be distributed from each fund.

(c) Before or during fiscal years 1994-95, 1995-96, and 1996-97, the executive director of the department of local affairs shall distribute in the aggregate not less than five million dollars to the uranium mill tailings remedial action program fund from the local government mineral impact fund, the local government severance tax fund, or a combination thereof; except that at least two and one-half million dollars shall be distributed before or during fiscal year 1995-96. The executive director shall determine the amount of moneys, if any, to be distributed from each fund.

(d) For fiscal years after 1996-97, the executive director of the department of local affairs may distribute moneys from the local government mineral impact fund and the local government severance tax fund pursuant to sections 34-63-102 and 39-29-110 (1)(b)(III)(A), C.R.S., respectively.

(4) Repealed.

(5) No new sites may be added to the uranium mill tailings remedial action program without the approval of the general assembly acting by bill.

(6) This section is repealed, effective July 1, 2027.
C.R.S. § 39-22-504.7 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-504.7
39-22-504.7. Medical savings accounts - establishment - contributions - distributions - restr
Status: repealed

39-22-504.7. Medical savings accounts - establishment - contributions - distributions - restrictions - taxation - portability - repeal. (1) (a) Establishment of accounts. On and after January 1, 1995, and prior to January 1, 2025, an employer may offer to establish medical savings accounts.

(b) Prior to January 1, 2025, an employee on whose behalf a medical savings account has not been established by his or her employer may establish such an account on his or her own behalf.

(2) (a) Each year an employer may contribute to an employee's medical savings account an amount that does not exceed three thousand dollars.

(b) If an employer establishes a medical savings account for an employee but contributes less than the maximum set forth in paragraph (a) of this subsection (2), the employee may contribute the difference in accordance with the provisions of paragraph (d) of this subsection (2).

(c) An employee who establishes his or her own medical savings account may contribute to such account an amount that does not exceed the maximum set forth in paragraph (a) of this subsection (2). Any such contribution is to be made in accordance with the provisions of paragraph (d) of this subsection (2).

(d) Employee contributions - pretax. (I) All employee contributions to medical savings accounts are made on a pretax basis, pursuant to section 39-22-104.6. Such contributions are subject to the same limitations as employer contributions.

(II) An employee shall elect to make contributions to his or her medical savings account by signing a written election. Such election is to be in the form prescribed by the executive director of the department of revenue and is to be signed prior to the date the employer withholds the first contribution.

(e) Employer contributions - tax deduction. Prior to January 1, 2025, employer contributions to employee medical savings accounts constitute a deduction from the employer's federal taxable income, pursuant to sections 39-22-104 (4)(h) and 39-22-304 (3)(k).

(3) Distributions. (a) An account holder shall submit documentation of eligible medical expenses paid during the tax year to the account administrator, and the account administrator shall reimburse the account holder for such expenses.

(b) Moneys may be distributed from a medical savings account only for the purpose of:

(I) Reimbursing the eligible medical expenses of the account holder or his or her spouse or dependent child;

(II) Cashing out the balance in the account of a deceased account holder; or

(III) (A) Cashing out an account holder's prior years' balance.

(B) An account holder may withdraw the balance in his or her account for any reason if such withdrawal occurs after the end of the year in which the moneys were contributed; however, such distributed moneys are subject to state income tax pursuant to subsection (6) of this section.

(4) (Deleted by amendment, L. 94, p. 2841, § 8, effective January 1, 1995.)

(5) Restrictions. An account holder may not use account moneys to fund a policy that covers the deductible for a qualified higher deductible health plan, as defined in section 39-22-504.6 (3.5).

(6) Taxation of account moneys. (a) Account moneys, including interest income, are not to be taxed as Colorado adjusted gross income if they are:

(I) In an employee's medical savings account; or

(II) Withdrawn to pay eligible medical expenses.

(b) Account moneys are to be taxed as Colorado adjusted gross income when such moneys are withdrawn for purposes other than the payment of eligible medical expenses.

(c) Upon the death of the account holder, the account principal, as well as any accumulated interest, is to be distributed to and taxed as part of the decedent's estate, as provided by law.

(7) Portability. An account holder is the owner of his or her medical savings account and may change the account administrator of such account upon leaving the employ of his or her employer.

(8) Repeal. This section is repealed, effective December 31, 2028.
C.R.S. § 39-5-104.7 — CO Code / Title 39 / Article 5 / Part 1 / Section 39-5-104.7
39-5-104.7. Valuation of real and personal property that produces alternating current electr
Status: in_force

39-5-104.7. Valuation of real and personal property that produces alternating current electricity from a renewable energy source. (1) (a) Except as provided in paragraph (b) of this subsection (1), on and after January 1, 2008, all real and personal property used to produce two megawatts or less of alternating current electricity from a renewable energy source shall be valued by the assessor in the county where the property is located in accordance with valuation procedures developed by the administrator.

(b) The valuation requirements specified in paragraph (a) of this subsection (1) shall not apply to small or low impact hydroelectric energy facilities, geothermal energy facilities, biomass energy facilities, solar energy facilities, or wind energy facilities, as those terms are defined in section 39-4-101.

(2) In developing the valuation procedures specified in subsection (1)(a) of this section:

(a) Except as set forth in subsection (2)(b) of this section, the administrator shall utilize the procedures adopted for determining the actual value of a renewable energy facility as specified in section 39-4-102 (1)(e); and

(b) For a facility that would qualify as a solar energy facility as defined in section 39-4-101 (3.5) but it generates and delivers less than two megawatts of energy, the administrator shall utilize the procedures for determining the actual value of a solar energy facility as specified in section 39-4-102 (1.5) for property tax years commencing on or after January 1, 2021.

(3) A taxpayer shall notify the taxpayer's county assessor when the taxpayer installs real and personal property used to produce two megawatts or less of alternating current electricity from a renewable energy source; except that, if the taxpayer obtains a building permit under the jurisdiction of a local government for the installation, the notification required in this subsection (3) shall not be necessary.
C.R.S. § 39-22-2004 — CO Code / Title 39 / Article 22 / Part 20 / Section 39-22-2004
39-22-2004. Temporary refund of excess state revenues from all sources - definitions - repea
Status: repealed

39-22-2004. Temporary refund of excess state revenues from all sources - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Additional excess state revenues" means the total amount of the state revenues in excess of the limitation on state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution that the state is required to refund under section 20 (7)(d) of article X of the state constitution, including any amount specified in section 24-77-103.8, and that exceeds the amounts projected to be refunded as required by section 39-3-209, section 39-22-627, or both of said sections for the state fiscal year commencing on July 1, 2021.

(b) (I) "Qualified individual" means a natural person who is at least eighteen years of age as of December 31, 2021, who is a resident of the state for the entire income tax year commencing on January 1, 2021, and, except as provided in subsection (1)(b)(II) of this section, who, on or before June 30, 2022, either files a state income tax return for that income tax year or applies for a grant pursuant to article 31 of this title 39.

(II) "Qualified individual" also means a natural person who is at least eighteen years of age as of December 31, 2021, who is a resident of the state for the entire income tax year commencing on January 1, 2021, and who was granted an extension to file a 2021 income tax return and timely files an income tax return on or before the extended filing date.

(c) "Temporary refund amount" means:

(I) Four hundred dollars for a qualified individual filing a single state income tax return or who applies for a grant pursuant to article 31 of this title 39 and eight hundred dollars for two qualified individuals filing a joint state income tax return or who apply for a grant pursuant to article 31 of this title 39; or

(II) The adjusted amount set by the executive director pursuant to subsection (2)(d) of this section.

(d) "Total excess state revenues" means the total amount of the state revenues projected to be in excess of the limitation of state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution that the state is required to refund under section 20 (7)(d) of article X of the state constitution, including any amount specified in section 24-77-103.8, for state fiscal year 2021-22.

(2) (a) If, for the state fiscal year commencing on July 1, 2021, there are additional excess state revenues, then there shall be allowed a refund to each qualified individual of the temporary refund amount.

(b) If the requirements set forth in subsection (2)(a) of this section are met, then no later than September 30, 2022, the department of revenue shall issue to each qualified individual and to each joint filing or grant applicant pair of qualified individuals a reimbursement warrant for the applicable temporary refund amount paid from the general fund; except that, for a qualified individual described in subsection (1)(b)(II) of this section, the department of revenue shall issue a reimbursement warrant pursuant to this subsection (2)(b) no later than January 31, 2023.

(c) On or before August 1, 2022, the executive director shall certify the temporary refund amount. The department of revenue shall issue and mail the refund warrant for the temporary refund amount to the most recent correct mailing address provided by the qualified individual.

(d) (I) If before June 30, 2022, and based on the latest projections updated for actual state revenues received through April 30, 2022, the projected aggregate temporary refund amount based on the refund amounts set forth in subsection (1)(c)(I) of this section plus amounts projected to be refunded pursuant to sections 39-3-209 and 39-22-627 will cause the state to refund less than eighty-five percent of the total excess state revenues pursuant to this section, then the executive director, in consultation with legislative council staff, shall increase the temporary refund amount in a manner that maintains an equal temporary refund for every qualified individual that is doubled for each pair of qualified individuals filing a joint return or applying jointly for a grant pursuant to article 31 of this title 39 so that the aggregate amount refunded pursuant to this section plus amounts projected to be refunded pursuant to sections 39-3-209 and 39-22-627 is approximately equal to eighty-five percent of the total excess state revenues.

(II) If before June 30, 2022, and based on the latest projections updated for actual state revenues received through April 30, 2022, the projected aggregate temporary refund amount based on the refund amounts set forth in subsection (1)(c)(I) of this section plus amounts projected to be refunded pursuant to sections 39-3-209 and 39-22-627 will cause the state to refund more than eighty-seven percent of the total excess state revenues pursuant to this section, then the executive director, in consultation with legislative council staff, may decrease the temporary refund amount to avoid an over-refund, as defined in section 24-77-103.7 (1). If the executive director determines that a decrease to the temporary refund amount set forth in subsection (1)(c)(I) of this section should be made, the executive director shall make the decrease in a manner that maintains an equal temporary refund for every qualified individual that is doubled for each pair of qualified individuals filing a joint return or applying jointly for a grant pursuant to article 31 of this title 39.

(III) Notwithstanding any provision of this subsection (2)(d), the executive director shall adjust the temporary refund amount under this subsection (2)(d) to the nearest fifty dollar increment.

(3) The executive director, in consultation with legislative council staff, shall calculate the aggregate temporary refund amount estimated to be allowed to qualified individuals described in subsection (1)(b)(II) of this section, which amount must be held in reserve to make refunds to those qualified individuals and shall not be refunded pursuant to section 39-22-2002.

(4) The refund of excess state revenues from all sources allowed under this section is a reasonable method of refunding a portion of the excess state revenues required to be refunded in accordance with section 20 (7)(d) of article X of the state constitution.

(5) (a) The refund of excess state revenue from all sources allowed to any qualified individual under this section shall not be reported by the department of revenue as a payment of a refund, credit, or offset of state income taxes to the qualified individual in any information return required to be filed pursuant to federal law.

(b) The refund of excess state revenue from all sources set forth in this section is subject to the provisions under section 39-21-108 for a qualified individual to the extent of any unpaid balance or unpaid debt as set forth in section 39-21-108 (3).

(c) A tax preparer is not liable if the preparer is unable to file a taxpayer's 2021 state income tax return by June 30, 2022, when a taxpayer timely filed, and was granted, a tax extension as long as the tax preparer files the tax return by October 17, 2022.

(6) This section is repealed, effective July 1, 2027.
C.R.S. § 39-30-105.5 — CO Code / Title 39 / Article 30 / Section 39-30-105.5
39-30-105.5. Credit against Colorado income taxes based on expenditures for research and expe
Status: repealed

39-30-105.5. Credit against Colorado income taxes based on expenditures for research and experimental activities. (1) Any taxpayer who makes expenditures in research and experimental activities, as defined in section 174 of the federal "Internal Revenue Code of 1986", as amended, which activities are conducted in an enterprise zone for the purpose of carrying out a trade or business, shall be allowed a credit against the income tax imposed by article 22 of this title as follows:

(a) For income tax years commencing on or after January 1, 1989, an amount equal to three percent of the amount by which the amount expended for research and experimental activities in the enterprise zone in the income tax year of the taxpayer exceeds the taxpayer's average of the total actual expenditures for such purposes made in the same area as that which comprises the enterprise zone in the next preceding two income tax years.

(b) Repealed.

(2) Except as provided in sections 24-46-104.3 and 24-46-108, in any one tax year, the amount of such credit allowable for deduction from the taxpayer's tax liability and not applied or refunded under section 24-46-108 shall be the total of:

(a) Twenty-five percent of the total amount of such credit, with the balance carrying forward to the next tax year; and

(b) Any applicable carryforward amount, which amount shall be twenty-five percent of the original amount of such credit. The amount by which the credit allowed by subsection (1) of this section in any one taxable year exceeds the credit allowed to be deducted pursuant to paragraph (a) of this subsection (2) may be carried forward until the total amount of the credit is used.

(3) As used in this section, the term "expenditures in research and experimental activities" means expenditures made for such purposes, other than expenditures of moneys made available to the taxpayer pursuant to federal or state law, which are paid as expenses under the provisions of the federal "Internal Revenue Code of 1986", as amended.
C.R.S. § 39-9-105 — CO Code / Title 39 / Article 9 / Section 39-9-105
39-9-105. Certification of valuations for assessment
Status: repealed

39-9-105. Certification of valuations for assessment. (1) No later than December 20 of each year, the state board of equalization shall complete its review of the abstracts of assessment of the several counties of the state, and the chair of the state board of equalization shall thereupon certify to the assessor of each county a statement of the changes, if any, ordered by said board in the abstract of his or her county for the current taxable year and for the next succeeding taxable year and shall also return the abstract of assessment for the current taxable year to each county.

(2) Repealed.