C.R.S. § 39-22-601.5 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-601.5
39-22-601.5. Reporting federal adjustments - definitions
Status: in_force

39-22-601.5. Reporting federal adjustments - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Administrative adjustment request" means an administrative adjustment request filed by a partnership under section 6227 of the internal revenue code.

(b) "Audited partnership" means a partnership subject to a partnership level audit resulting in a federal adjustment.

(c) "Corporate partner" means a partner that is subject to tax under section 39-22-301.

(d) "Direct partner" means a partner that holds an interest directly in a partnership.

(e) "Exempt partner" means a partner that is exempt from taxation under section 39-22-112 (1), except on unrelated business taxable income under section 39-22-112 (2).

(f) "Federal adjustment" means a change to an item or amount determined under the internal revenue code that is used by a taxpayer to compute the tax due under this article 22 whether that change results from action by the internal revenue service, including a partnership level audit, or the filing of an amended federal return, federal refund claim, or administrative adjustment request by the taxpayer. A federal adjustment is positive to the extent that it increases federal taxable income as determined under this article 22 and is negative to the extent that it decreases federal taxable income as determined under this article 22.

(g) "Federal adjustments report" includes methods or forms required by the executive director for use by a taxpayer to report final federal adjustments, including an amended Colorado tax return, an information return, or a uniform multistate report.

(h) "Federal partnership representative" means the person the partnership designates for the taxable year as the partnership's representative, or the person the internal revenue service has appointed to act as the federal partnership representative pursuant to section 6223 (a) of the internal revenue code.

(i) "Final determination date" means:

(I) Except as otherwise provided in this subsection (1)(i), if the federal adjustment arises from an internal revenue service audit or other action by the internal revenue service, the first day on which no federal adjustments arising from the audit or other action remain to be finally determined, whether by internal revenue service decision with respect to which all rights of appeal have been waived or exhausted, by agreement, or, if appealed or contested, by a final decision with respect to which all rights of appeal have been waived or exhausted. For agreements required to be signed by the internal revenue service and the taxpayer, the final determination date is the date on which the last party signed the agreement.

(II) For federal adjustments arising from an internal revenue service audit or other action by the internal revenue service, if the taxpayer filed a combined report, a consolidated return, or a combined and consolidated return, the first day on which no related federal adjustments arising from that audit remain to be finally determined, as described in subsection (1)(i)(I) of this section, for the entire group;

(III) If the federal adjustment results from filing an amended federal return, a federal refund claim, or an administrative adjustment request, or if it is a federal adjustment reported on an amended federal return or other similar report filed pursuant to section 6225 (c) of the internal revenue code, the day on which the amended return, refund claim, administrative adjustment request, or other similar report was filed.

(j) "Final federal adjustment" means a federal adjustment after the final determination date for that federal adjustment has passed.

(k) "Indirect partner" means a partner in a partnership or pass-through entity that itself holds an interest directly, or through another indirect partner, in a partnership or pass-through entity.

(l) "Nonresident partner" means a nonresident individual, a nonresident estate, or a nonresident trust.

(m) "Partner" means a person that holds an interest directly or indirectly in a partnership or other pass-through entity.

(n) "Partnership level audit" means an examination by the internal revenue service at the partnership level pursuant to subchapter C of chapter 63 of subtitle F of the internal revenue code that results in federal adjustments.

(o) "Pass-through entity" means an entity, other than a partnership, that is not subject to tax under section 39-22-301.

(p) "Resident partner" means a partner who is a resident individual, a resident estate, or a resident trust.

(q) "Reviewed year" means the taxable year of a partnership that is subject to a partnership level audit from which federal adjustments arise.

(r) "Taxpayer" means:

(I) A person subject to tax under this article 22;

(II) A partnership subject to a partnership level audit and a tiered partner of that partnership; or

(III) A partnership that has made an administrative adjustment request and a tiered partner of that partnership.

(s) "Tiered partner" means any partner that is a partnership or pass-through entity.

(2) Except in the case of final federal adjustments that are required to be reported by a partnership and its partners using the procedures in subsection (3) of this section, and final federal adjustments required to be reported for federal purposes by taking those adjustments into account in the partnership return for the year of adjustment, a taxpayer shall report and pay any tax due under this article 22 with respect to final federal adjustments arising from an audit or other action by the internal revenue service or reported by the taxpayer on a timely filed amended federal income tax return, including a return or other similar report filed pursuant to section 6225 (c)(2) of the internal revenue code, or federal claim for refund by filing a federal adjustments report with the executive director for the reviewed year and, if applicable, paying the additional tax owed under this article 22 by the taxpayer no later than one hundred eighty days after the final determination date.

(3) (a) Except for adjustments required to be reported for federal purposes by taking those adjustments into account in the partnership return for the year of adjustment and the distributive share of adjustments that have been reported as required under subsection (2) of this section, partnerships and partners shall report final federal adjustments arising from a partnership level audit or an administrative adjustment request and make payments as required under this subsection (3).

(b) (I) With respect to an action required or permitted to be taken by a partnership under this subsection (3) and a proceeding under section 39-21-103 or 39-21-105 with respect to that action, the state partnership representative for the reviewed year has the sole authority to act on behalf of the partnership, and the partnership's direct partners and indirect partners are bound by those actions.

(II) The state partnership representative for the reviewed year is the partnership's federal partnership representative unless the partnership designates in writing another person as its state partnership representative.

(III) The executive director may establish reasonable qualifications and procedures for designating a person other than the federal partnership representative to be the state partnership representative.

(c) (I) Final federal adjustments subject to the requirements of this subsection (3), except for those subject to a properly made election under subsection (3)(d) of this section, must be reported as provided in this subsection (3)(c).

(II) No later than ninety days after the final determination date, the partnership shall:

(A) File a completed federal adjustments report with the executive director including any information the executive director may prescribe;

(B) Notify each of its direct partners of their distributive share of the final federal adjustments including any information the executive director may prescribe;

(C) File an amended composite return for direct partners as required under section 39-22-601 (5)(d) or (5.5)(d), as applicable, or an amended return under subpart 3 of part 3 of this article 22, and pay the additional amount that would have been due had the final federal adjustments been reported properly as required; and

(D) For any direct partner for which payment was made under section 39-22-601 (5)(h), pay the additional amount that would have been due had the final federal adjustments been reported properly as required.

(III) Except as provided under subsection (4) of this section, no later than one hundred eighty days after the final determination date, each direct partner that is not included in an amended composite return under subsection (3)(c)(II)(C) of this section and that is subject to tax under section 39-22-104 shall:

(A) File a federal adjustments report reporting their distributive share of the adjustments reported to them under subsection (3)(c)(II)(B) of this section; and

(B) Pay any additional amount of tax due as if final federal adjustments had been properly reported, plus any penalty and interest due under section 39-22-621 and less any credit for related amounts paid or withheld and remitted on behalf of the direct partner under subsection (3)(c)(II)(D) of this section.

(d) (I) No later than ninety days after the final determination date, an audited partnership making an election under this subsection (3)(d) shall file a completed federal adjustments report, including such information as the executive director may prescribe, and notify the executive director that it is making the election under this subsection (3)(d).

(II) No later than one hundred eighty days after the final determination date, an audited partnership making an election under this subsection (3)(d) shall pay the amount determined under subsection (3)(e) of this section in lieu of taxes owed by its direct and indirect partners.

(III) Final federal adjustments subject to the election provided in this subsection (3)(d) exclude:

(A) The distributive share of final audit adjustments that under part 3 of this article 22 must be included in the unitary business income of any direct or indirect corporate partner if the audited partnership can reasonably determine this; and

(B) Any final federal adjustments resulting from an administrative adjustment request.

(IV) An audited partnership not otherwise subject to any reporting or payment obligation to the state that makes an election under this subsection (3)(d) consents to be subject to Colorado laws related to reporting, assessment, payment, and collection of Colorado tax calculated under the election.

(e) Subject to the limitations in subsection (3)(d)(III) of this section, the amount due under subsection (3)(d)(II) of this section is calculated as follows:

(I) Exclude from final federal adjustments the distributive share of these adjustments reported to a direct exempt partner not subject to tax under section 39-22-112 (1);

(II) For the total distributive shares of the remaining final federal adjustments reported to direct corporate partners subject to tax under section 39-22-301, and to direct exempt partners subject to tax under section 39-22-112 (2), apportion and allocate such adjustments as provided under section 39-22-303.6 and multiply the resulting amount by the highest tax rate in effect under section 39-22-301;

(III) For the total distributive shares of the remaining final federal adjustments reported to nonresident partners that are direct partners subject to tax under section 39-22-104, determine the amount of such adjustments derived from sources within Colorado under section 39-22-203 and multiply the resulting amount by the highest tax rate in effect under section 39-22-104;

(IV) For the total distributive shares of the remaining final federal adjustments reported to tiered partners:

(A) Determine the amount of such adjustments which is of a type that it would be subject to sourcing by a nonresident partner under section 39-22-109 and then determine the portion of this amount that would be sourced to the state applying the rules of that section;

(B) Determine the amount of such adjustments which is of a type that it would not be subject to sourcing by a nonresident partner under section 39-22-109;

(C) Determine the portion of the amount determined in subsection (3)(e)(IV)(B) of this section that can be established, under rules promulgated by the executive director, to be properly allocable to nonresident partners that are indirect partners or other partners not subject to tax on the adjustments or that can be excluded under procedures for a modified reporting and payment method allowed under subsection (3)(g) of this section;

(V) Multiply the total of the amounts determined in subsection (3)(e)(IV)(A) and (3)(e)(IV)(B) of this section and then reduced by the amount determined in subsection (3)(e)(IV)(C) of this section by the highest tax rate in effect under section 39-22-104;

(VI) For the total distributive shares of the remaining final federal adjustments reported to resident partners that are direct partners subject to tax under section 39-22-104, multiply that amount by the highest tax rate in effect under section 39-22-104; and

(VII) Add the amounts determined in subsections (3)(e)(II), (3)(e)(III), (3)(e)(V), and (3)(e)(VI) of this section along with penalty and interest as provided in section 39-22-621.

(f) The direct and indirect partners of an audited partnership that are tiered partners and all of the partners of those tiered partners that are subject to tax under this article 22 are subject to the reporting and payment requirements of subsection (3)(b) of this section, and the tiered partners are entitled to make the elections provided in subsection (3)(d) and (3)(g) of this section. The tiered partners or their partners shall make required reports and payments no later than ninety days after the time for filing and furnishing statements to tiered partners and their partners as established under section 6226 of the internal revenue code and the regulations thereunder. The executive director may promulgate rules to establish procedures and interim time periods for the reports and payments required by tiered partners and their partners and for making the elections under this subsection (3).

(g) Under procedures adopted by and subject to the approval of the executive director, an audited partnership or tiered partner may enter into an agreement with the executive director to utilize an alternative reporting and payment method, including applicable time requirements or any other provision of this subsection (3), if the audited partnership or tiered partner demonstrates that the requested method will reasonably provide for the reporting and payment of taxes, penalties, and interest due under the provisions of this subsection (3) or if the audited partnership or tiered partner can show that their direct partners have agreed to allow a refund of the state tax to the entity. Application for approval of an alternative reporting and payment method must be made by the audited partnership or tiered partner within the time for election as provided in subsection (3)(d) or (3)(f) of this section, as appropriate.

(h) (I) The election made pursuant to subsection (3)(d) or (3)(g) of this section is irrevocable, unless the executive director, in the executive director's discretion, determines otherwise.

(II) If properly reported and paid by the audited partnership or tiered partner, the amount determined in subsection (3)(e) of this section, or similarly under an optional election under subsection (3)(g) of this section, will be treated as paid in lieu of taxes owed by its direct and indirect partners, to the extent applicable, on the same final federal adjustments. The direct partners or indirect partners may not take any deduction or credit for this amount or claim a refund of the amount in the state. Nothing in this subsection (3)(h)(II) precludes a resident partner that is a direct partner from claiming a credit against taxes paid to the state pursuant to section 39-22-108 for any amounts paid by the audited partnership or tiered partner on the resident partner's behalf to another state or local tax jurisdiction.

(i) Nothing in this subsection (3) prevents the executive director from assessing direct partners or indirect partners for taxes they owe, using the best information available, if a partnership or tiered partner fails to timely make any report or payment required by this subsection (3) for any reason.

(4) The executive director may promulgate rules to establish a de minimis amount upon which a taxpayer shall not be required to comply with subsections (2) and (3) of this section.

(5) The executive director shall assess additional tax, interest, and penalties arising from final federal adjustments arising from an audit by the internal revenue service, including a partnership level audit, or reported by the taxpayer on an amended federal income tax return or as part of an administrative adjustment request on or before the following dates:

(a) If a taxpayer files with the executive director a federal adjustments report or an amended return as required within the period specified in subsection (2) or (3) of this section, the executive director may assess any amounts, including in-lieu-of amounts, taxes, interest, and penalties arising from those federal adjustments, if the executive director issues a notice of deficiency to the taxpayer on or before the later of:

(I) The expiration of the limitations period specified in section 39-21-107 (2); or

(II) The expiration of the one-year period following the date of filing with the executive director of the federal adjustments report.

(b) If the taxpayer fails to file the federal adjustments report within the period specified in subsection (2) or (3) of this section, as appropriate, or the federal adjustments report filed by the taxpayer omits final federal adjustments or understates the correct amount of tax owed, the executive director may assess any taxes, interest, and penalties arising from the final federal adjustments if the executive director issues a notice of deficiency to the taxpayer on or before the later of:

(I) The expiration of the limitations period specified in section 39-21-107 (2);

(II) The expiration of the one-year period following the date the federal adjustments report was filed with the executive director; or

(III) In the absence of fraud, the expiration of the six-year period following the final determination date.

(6) A taxpayer may make estimated payments to the executive director, following the process prescribed by the executive director, of the Colorado tax expected to result from a pending internal revenue service audit prior to the due date of the federal adjustments report without having to file the report with the executive director. The estimated tax payments shall be credited against any tax liability ultimately found to be due to Colorado and will limit the accrual of further statutory interest on that amount. If the estimated tax payments exceed the final tax liability and statutory interest ultimately determined to be due, the taxpayer is entitled to a refund or credit for the excess if the taxpayer files a federal adjustments report or claim for refund or credit of tax no later than one year following the final determination date.

(7) (a) Except for final federal adjustments required to be reported for federal purposes by taking those adjustments into account in the partnership return for the year of adjustment, a taxpayer may file a claim for refund or credit of tax arising from federal adjustments made by the internal revenue service on or before the later of:

(I) The expiration of the last day for filing a claim for refund or credit of tax pursuant to section 39-21-108 (1), including any extensions; or

(II) One year from the date a federal adjustments report prescribed in subsection (2) or (3) of this section, as applicable, was due to the executive director, including any extensions pursuant to subsection (8) of this section.

(b) The federal adjustments report is the means for the taxpayer to report additional tax due, report a claim for refund or credit of tax, and make other adjustments including to its net operating losses resulting from adjustments to the taxpayer's federal taxable income. Any refund granted to the entity under subsection (3) of this section is in lieu of state tax that may be owed to the partners.

(8) (a) Unless otherwise agreed to in writing by the taxpayer and the executive director, any adjustments by the executive director or by the taxpayer made after the expiration of the period described in section 39-21-107 (2) or 39-21-108 (1), as applicable, is limited to changes to the taxpayer's tax liability arising from federal adjustments.

(b) The periods provided for in this section may be extended:

(I) Automatically, upon written notice to the executive director, by sixty days for an audited partnership or tiered partner which has ten thousand or more direct partners; or

(II) By written agreement between the taxpayer and the executive director.

(c) Any extension granted under this subsection (8) for filing the federal adjustments report extends the last day prescribed by law for assessing any additional tax arising from the adjustments to federal taxable income and the period for filing a claim for refund or credit of taxes.

(9) This section applies to any adjustments to a taxpayer's federal taxable income with a final determination date occurring on and after January 1, 2024.
C.R.S. § 39-22-565 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-565
39-22-565. Workforce shortage tax credit - tax preference performance statement - report -
Status: repealed

39-22-565. Workforce shortage tax credit - tax preference performance statement - report - legislative declaration - definitions - repeal. (1) Tax preference performance statement. 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:

(a) The general legislative purposes of the tax credit allowed by this section are:

(I) To induce certain designated behavior by taxpayers; and

(II) To provide tax relief for certain businesses or individuals.

(b) The specific legislative purpose of the tax credit allowed by this section is to encourage workforce development in industries that are facing worker shortages by providing financial assistance for facility improvement and equipment acquisition costs associated with training programs designed to alleviate worker shortages.

(c) The general assembly and the state auditor shall measure the effectiveness of the tax credit in achieving the purposes specified in subsections (1)(a) and (1)(b) of this section based on the information required to be maintained and reported by the office pursuant to subsection (12) of this section.

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

(a) "Applicant" means a person subject to tax pursuant to this article 22, an entity that is exempt from taxation pursuant to section 39-22-112 (1), or a political subdivision of the state.

(b) "Application" means an application in the form and manner approved by the office for the tax credit allowed in this section.

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

(d) "Federal investments" means the federal "Infrastructure Investment and Jobs Act", Pub.L. 117-58, the federal "Inflation Reduction Act of 2022", Pub.L. 117-169, and the federal "CHIPS and Science Act of 2022", Pub.L. 117-167.

(e) "Office" means the Colorado office of economic development created in section 24-48.5-101.

(f) "Potential qualified asset" means an asset that may be a qualified asset upon the determination of the office.

(g) "Qualified applicant" means an applicant that makes a qualified investment to train individuals in a qualified industry and that is selected pursuant to subsection (5) of this section.

(h) (I) "Qualified asset" means:

(A) Land in this state;

(B) Buildings, fixtures, and other structural components of buildings in this state for which the applicant is allowed a deduction for depreciation pursuant to section 167 of the internal revenue code, including purchasing or constructing a facility, renovating a facility, making tenant improvements, and funding a capital lease with capitalized labor, construction, and installation costs;

(C) Tangible personal property acquired for use exclusively in this state for which the applicant is allowed a deduction for depreciation pursuant to section 167 of the internal revenue code; and

(D) Computer software acquired for use exclusively in this state for which the applicant is allowed a deduction for depreciation under section 167 of the internal revenue code.

(II) For purposes of this subsection (2)(h), if an applicant is not subject to federal income tax, the applicant is deemed to be allowed a deduction for depreciation if such a deduction would have been allowed were the applicant subject to federal income tax.

(i) "Qualified industry" means an industry affected by federal investments that has a demonstrated workforce shortage, as determined by the office as specified in the policies and procedures developed by the office pursuant to subsection (13) of this section.

(j) "Qualified investment" means the amount paid by a qualified applicant to acquire, construct, reconstruct, or erect a qualified asset to the extent the amount paid reflects new activity and to the extent the amount is required to be capitalized pursuant to the internal revenue code or the amount is allowed to be deducted under section 179 of the internal revenue code.

(k) "Selection committee" means a selection committee appointed by the office consisting of members who have expertise and experience as employers, in education, or in other relevant areas.

(3) Tax credit allowed.

(a) Except as provided in subsection (3)(c) of this section, a qualified applicant is allowed to use a tax credit certificate issued by the office pursuant to subsection (8) of this section against the income taxes imposed by this article 22 in the income tax year that the qualified applicant places a qualified asset in service in the amount specified on the tax credit certificate issued by the office; except that the tax credit certificate may not be used in an income tax year commencing before January 1, 2026, and may not be used in an income tax year commencing on or after January 1, 2033.

(b) In order to claim the tax credit allowed pursuant to this section, the qualified applicant must submit an application as specified in subsection (5) of this section, place the qualified asset into service before January 1, 2033, obtain a tax credit certificate from the office as specified in subsection (8) of this section, and, once issued by the office, file the tax credit certificate with the qualified applicant's income tax return as specified in subsection (9) of this section.

(c) A tax credit is not allowed pursuant to this section if:

(I) The amount refunded pursuant to subsection (10) of this section is used to supplant local, state, or federal money that would otherwise be appropriated; or

(II) The qualified applicant expends money received from the state to offset at least half of a qualified investment, not including the amount refunded pursuant to subsection (10) of this section.

(4) Tax credit administration. Except as otherwise provided in subsection (7) of this section, the office is the administrator of the tax credit allowed by this section.

(5) Application submission and review.

(a) An applicant that intends to claim a tax credit pursuant to this section shall submit an application to the office.

(b) The office shall accept applications for annual application periods by deadlines established in the policies and procedures developed by the office pursuant to subsection (13) of this section; except that the office may only receive applications between January 1, 2025, and December 31, 2029.

(c) The office shall review all submitted applications to determine whether:

(I) The applicant is a qualified applicant; and

(II) The application is complete and includes a description of a potential qualified asset and the estimated qualified investment.

(d) If the office determines that the application is complete and in compliance, the office shall add the application to an evaluation pool for the application period. Within a reasonable period after the end of the application period, the office shall forward the evaluation pool to the selection committee for the merit-based review described in subsection (7) of this section.

(e) If the office determines that the application is incomplete or that it does not comply with the requirements of this section or the policies and procedures developed by the office pursuant to subsection (13) of this section, the office shall remove the application from the review process and notify the applicant in writing of its decision. An applicant may resubmit a disapproved application to be evaluated in a future application period.

(6) Application and issuance fees.

(a) (I) For an application for which the amount of the tax credit requested by an applicant pursuant to this section is two hundred fifty thousand dollars or more, the office may impose a reasonable application fee on an applicant that does not exceed five hundred dollars.

(II) For an application for which the amount of the tax credit requested by an applicant pursuant to this section is less than two hundred fifty thousand dollars, the office may impose a reasonable application fee on an applicant that does not exceed two hundred dollars.

(b) The office may impose on a qualified applicant a reasonable issuance fee of up to three percent of the amount of the tax credit specified on the tax credit certificate issued by the office as specified in subsection (8) of this section, which must be paid before the tax credit certificate is issued to the qualified applicant.

(c) Any fee revenue collected pursuant to this subsection (6) must be applied to the administration of the tax credit created by this section.

(7) Merit-based review and tax credit reservation.

(a) (I) For each application period, the selection committee shall conduct a merit-based review of the applications that have been placed in the evaluation pool pursuant to subsection (5)(d) of this section. The selection committee shall complete its review and award reservations within a reasonable period after the end of the application period, not to exceed ninety days.

(II) Except as provided in subsection (7)(a)(IV) of this section, based upon the totality of the factors set forth in subsection (7)(c) of this section, the selection committee may reserve for the benefit of a qualified applicant a tax credit in an amount to be determined by the selection committee not to exceed fifty percent of the estimated qualified investment; except that the aggregate amount of tax credits reserved for all qualified applicants in an annual application period may not exceed fifteen million dollars.

(III) The selection committee may reserve tax credits to be used by a qualified applicant for income tax years commencing on or after January 1, 2026, but before January 1, 2033, based upon the anticipated date the qualified asset is placed into service.

(IV) If the September 2025 revenue forecast, and each September revenue forecast through the September 2028 revenue forecast as prepared by either legislative council staff or the office of state planning and budgeting, projects that state revenues, as defined in section 24-77-201 (4), will not increase by at least four percent for the current fiscal year, the aggregate amount of tax credits reserved for all qualified applicants in the application period commencing in the calendar year that begins during the current fiscal year is reduced by fifty percent; except that, if the amount of a reduced tax credit reservation is equal to or less than five hundred dollars, then the selection committee shall not issue a tax credit reservation.

(b) (I) If the selection committee reserves tax credits for the benefit of a qualified applicant under subsection (7)(a) of this section, the selection committee shall notify the office of the reservation and the amount of tax credits reserved. The office shall notify the qualified applicant of the tax credit reservation. The reservation of a tax credit does not entitle the qualified applicant to an issuance of a tax credit certificate until the qualified applicant complies with all the requirements specified in this section, by the selection committee, or by the office, for the issuance of a tax credit certificate pursuant to subsection (8) of this section.

(II) The office shall notify any qualified applicant in writing for which the selection committee reserved no tax credit under subsection (7)(a) of this section.

(c) (I) In conducting the merit-based review pursuant to subsection (7)(a) of this section, the selection committee shall consider the factors set forth in this subsection (7)(c) in addition to any other factors the selection committee may request the office to include in its policies and procedures developed pursuant to subsection (13) of this section. The selection committee may weigh the factors equally or differently.

(II) The selection committee shall consider:

(A) Whether the qualified applicant's qualified investment will influence competitiveness in a qualified industry;

(B) Whether the qualified applicant's qualified investment will result in increased job placements in qualified industries or increased job placements with a living wage in qualified industries;

(C) The type, scope, and quality of the qualified applicant's qualified asset and the resulting training of individuals in a qualified industry; and

(D) Whether the qualified applicant's qualified investment will result in increased training and workforce development in a qualified industry.

(d) The selection committee may impose additional requirements on the qualified applicant as a condition of awarding the tax credit reservation pursuant to this subsection (7).

(8) Proof of compliance - audit of eligible expenditure certification - issuance of tax credit certificate. After a qualified applicant places a potential qualified asset in service, the qualified applicant shall notify the office that the potential qualified asset has been placed in service and shall certify the qualified investment, after which the office shall make a final determination whether the potential qualified asset is a qualified asset. The qualified applicant shall include a review of the certification by a licensed certified public accountant that is not affiliated with the qualified applicant and that aligns with office policies for certification of a qualified investment. The qualified applicant shall also certify and provide documents demonstrating that the qualified applicant satisfied any additional requirements imposed by the selection committee pursuant to subsection (7) of this section. Within a reasonable time after receipt of such documentation from the qualified applicant, the office shall review the qualified applicant's documentation of certified qualified investment, determine whether the documentation satisfies the requirements of the office, and, if the office determines that the documentation satisfies the requirements of the office, the office shall issue a tax credit certificate in the amount specified in the tax credit reservation, not to exceed fifty percent of the certified qualified investment, issued to the qualified applicant pursuant to subsection (7) of this section; except that a tax credit certificate may not be issued for an income tax year commencing before January 1, 2026, or for an income tax year commencing on or after January 1, 2033.

(9) Filing tax credit certificate with income tax return.

(a) In order to claim the tax credit authorized by this section, a qualified applicant shall file the tax credit certificate issued by the office pursuant to subsection (8) of this section with the qualified applicant's state income tax return. If the qualified applicant is a political subdivision of the state or is exempt from tax pursuant to section 39-22-112 (1), the qualified applicant shall file a return pursuant to section 39-22-601 (7)(b). The amount of the tax credit that a qualified applicant may claim pursuant to this section is the amount stated on the tax credit certificate.

(b) A tax credit certificate issued to a partnership, a limited liability company taxed as a partnership, or multiple owners of a property must be passed through to the partners, members, or owners, including any nonprofit entity that is a partner, member, or owner, respectively, on a pro rata basis or pursuant to an executed agreement among the partners, members, or owners documenting an alternate distribution method.

(10) Refundability. If the amount of the tax credit allowed pursuant to this section exceeds the amount of income taxes otherwise due on the income of the qualified applicant in the income tax year for which the tax credit is being claimed, or the qualified applicant is a political subdivision of the state or a person who is exempt from taxation pursuant to section 39-22-112 (1), the amount of the tax credit not used as an offset against income taxes in the income tax year is refunded to the qualified applicant.

(11) Compliance monitoring and recapture.

(a) Except as provided in subsection (11)(b) of this section, if, as of the last day of any taxable year during the compliance period, the equipment, building, structure, or facility that was deemed a qualified asset is not being used as a qualified asset, the office shall notify the qualified applicant and the department that the tax credit allowed in this section is disallowed. The qualified applicant shall add the full amount of the tax credit that was actually used to offset the qualified applicant's income tax or refunded to the qualified applicant to its return as a recaptured tax credit for the taxable year in which the tax credit is disallowed pursuant to this subsection (11).

(b) The potential increase in tax required pursuant to subsection (11)(a) of this section does not apply:

(I) If a building, structure, or facility is not a qualified asset as a result of a casualty loss if the loss is restored by reconstruction or replacement within a reasonable period established by the office;

(II) Solely by reason of the disposition of a building, structure, or facility, or an interest therein, if it is reasonably expected that the building, structure, or facility will continue to be operated as a qualified asset for the remainder of the compliance period; or

(III) If a qualifying asset is replaced or upgraded in the normal course of its use.

(c) (I) The office shall establish reporting requirements to monitor compliance with this subsection (11) that shall include:

(A) A disposition of a qualified asset by the qualified applicant;

(B) The number of annual trainees who have used a qualified asset;

(C) The geographic distribution of trainees who have used a qualified asset;

(D) Demographic information about the trainees who have used a qualified asset;

(E) The location and disposition of assets displaced by a qualified asset, if any; and

(F) To the extent a qualified asset is used to expand or create a training facility, an assessment of training capacity prior to implementation of the qualified asset.

(II) If a dispute arises about whether a potential qualified asset is a qualified asset, the office shall adjudicate the dispute and notify the department of the resolution.

(III) Notwithstanding section 39-21-107 (2), if a qualified asset is disposed of during any taxable year during the compliance period, and thereafter the asset is not a qualified asset:

(A) The qualified applicant shall add the full amount of the tax credit to its return as a recaptured tax credit for the taxable year in which the tax credit is disallowed pursuant to this subsection (11) notwithstanding the disposition of the qualified asset;

(B) The statutory period for the assessment of any deficiency with respect to the disallowed tax credit must not expire before the expiration of three years from the date the office is notified, in such a manner as the office determines, that the structure is not a qualified asset; and

(C) The department shall assess any deficiency before the expiration of such three-year period together with any applicable interest and penalty imposed pursuant to this article 22.

(d) As used in this subsection (11), unless the context otherwise requires, "compliance period" means the period of fifteen years following the taxable year in which the qualified applicant placed the qualified asset in service.

(12) Reporting.

(a) No later than December 31, 2025, and, notwithstanding the requirement in section 24-1-136 (11)(a)(I), no later than December 31 of each year thereafter through 2033, the office shall provide a written report to the general assembly and shall further make the report available to the public. In connection with tax credits issued pursuant to this section, the report must include:

(I) The number of qualified assets placed in service;

(II) A description of the use or uses of each qualified asset and a statewide summary of the number of qualified assets for each use; and

(III) The amount of any disallowed tax credit recaptured pursuant to subsection (11) of this section.

(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 qualified applicant to which the office issues a tax credit certificate for the preceding tax year that includes the following information:

(I) The qualified applicant's name;

(II) The amount of the tax credit; and

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

(c) The office, the office of the state auditor, or the office of the state controller may review the qualified applicant's finances, expenses, equipment, employment, and training documentation relating to a qualified investment in a qualified asset.

(13) Policies and procedures.

(a) The office may create and modify policies, procedures, and guidelines as necessary to further administer the tax credits allowed pursuant to this section and shall solicit advice from the department in creating and modifying such policies, procedures, and guidelines.

(b) The office shall develop standards for determining which industries are included as a qualified industry for which a tax credit under this section is allowed to a qualified applicant.

(c) Any standards developed by the office pursuant to this subsection (13) must be posted on the office's website. The office may annually review and update as necessary standards developed pursuant to this subsection (13).

(d) The office shall determine the annual application period.

(14) Workforce development tax credit program cash fund.

(a) The workforce development tax credit program cash fund is created in the state treasury. The fund consists of gifts, grants, donations, and fee revenue credited to the fund pursuant to subsection (6) of this section and any other money that the general assembly may appropriate, transfer, or require by law to be credited to the fund.

(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the workforce development tax credit program cash fund to the fund.

(c) Money in the fund is continuously appropriated to the office for the purpose of administering the tax credit issued pursuant to this section.

(d) The state treasurer shall transfer all unexpended and unencumbered money in the fund on December 31, 2050, to the general fund.

(15) Repeal. This section is repealed, effective December 31, 2050.
C.R.S. § 39-10-114 — CO Code / Title 39 / Article 10 / Section 39-10-114
39-10-114. Abatement - cancellation of taxes
Status: repealed

39-10-114. Abatement - cancellation of taxes. (1) (a) (I) (A) Except as otherwise provided in subsections (1)(a)(I)(D) and (1)(a)(I)(E) of this section, if taxes have been levied erroneously or illegally, whether due to erroneous valuation for assessment, irregularity in levying, clerical error, or overvaluation, the treasurer shall report the amount thereof to the board of county commissioners, which shall proceed to abate such taxes in the manner provided by law. The assessor shall make such report if the assessor discovers that taxes have been levied erroneously or illegally. If such taxes have been collected by the treasurer, the board of county commissioners shall authorize refund of the same in the manner provided by law. Except as provided in subsections (1)(a)(I)(E) and (1)(a)(I)(F) of this section and section 39-5-125 (4), in no case shall an abatement or refund of taxes be made unless a petition for abatement or refund is filed within two years after January 1 of the year following the year in which the taxes were levied. For purposes of this subsection (1)(a)(I)(A), "clerical error" shall include, but shall not be limited to, any clerical error made by a taxpayer in completing personal property schedules pursuant to the provisions of article 5 of this title. Notwithstanding any other law to the contrary, for purposes of this subsection (1)(a)(I)(A), "erroneous valuation" shall include, but shall not be limited to: Any reclassification of property from agricultural land to any other classification of property for the property tax year commencing January 1, 1996, if the property in question qualifies for classification as agricultural land as determined pursuant to section 39-1-102 (1.6), as amended by Senate Bill 97-039, enacted at the first regular session of the sixty-first general assembly; and any denial of exemption from taxation for property claimed as agricultural and livestock products for the property tax year commencing January 1, 1996, if the property in question qualifies as agricultural and livestock products as determined pursuant to section 39-1-102 (1.1), as amended by Senate Bill 97-039, enacted at the first regular session of the sixty-first general assembly.

(B) The assessor shall certify the proportional amount of the total amount of abatements and refunds granted pursuant to the provisions of this section to the appropriate taxing entities at the same time as the certification of valuation for assessment pursuant to section 39-5-128. Any taxing entity may adjust the amount of its tax levy authorized pursuant to the provisions of section 29-1-301 by an additional amount that does not exceed the proportional share of the total amount of abatements and refunds made pursuant to this section. After calculating the amount of property tax revenues necessary to satisfy the requirements of the "Public School Finance Act of 2025", article 54 of title 22, any school district shall add an amount equal to the proportional share of the total amount of abatements and refunds granted pursuant to the provisions of this section prior to the setting of the mill levy for such school district. Any additional amount added pursuant to the provisions of this subsection (1) must not be included in the total amount of revenue levied in the year for the purposes of computing the limit for the succeeding year pursuant to the provisions of section 29-1-301. When a final determination is made granting an abatement or refund pursuant to the provisions of this section, the abatement or refund granted must be payable at such time as determined by the board of county commissioners after consultation with affected taxing entities but no later than upon the payment of property taxes for the property tax year in which the final determination was made. For the purposes of this subsection (1)(a)(I)(B), a taxing entity's proportional share of the total amount of abatements and refunds granted must be based upon the amount of tax levied by a taxing entity on the real property in proportion to the total amount of tax levied on the real property by such taxing entities.

(B.5) Notwithstanding the provisions of sub-subparagraph (B) of this subparagraph (I), no school district shall be required to levy additional amounts for abatements and refunds which are the result of any protests or appeals of valuation upon which final orders or judgments rendered by a court of competent jurisdiction have been issued and which reduce the valuation for assessment of the district by more than twenty percent. Any school district which is currently levying for abatements, refunds, or both and which would not be required to levy such amounts if this sub-subparagraph (B.5) had been in effect for the tax year in which the court orders or judgments were issued shall have no further obligation to levy for uncollected amounts.

(C) The change or adjustment of any ratio of valuation for assessment shall not constitute grounds for abatement of taxes as provided in subsection (1)(a)(I)(A) of this section.

(D) An abatement or refund of taxes must not be made based upon the ground of overvaluation of property if an objection or protest to such valuation has been made and a notice of determination has been mailed to the taxpayer pursuant to section 39-5-122; except that this prohibition does not apply to personal property when a notice of determination has been mailed to the taxpayer, an objection or protest is withdrawn or not pursued, and the county assessor has undertaken an audit of such personal property that shows that a reduction in value is warranted.

(E) Notwithstanding the periods of limitation for filing a petition for and determining the amount of an abatement or refund of taxes provided in sub-subparagraphs (A) and (D) of this subparagraph (I), when an audit of prior years' taxes for the period described in section 39-10-101 (2)(b) discloses that taxes are due and owing on personal property or on mines and on oil and gas leaseholds, such taxes shall be subtracted from any overpayment of such taxes determined to be due pursuant to this subparagraph (I) for any years during such period and prior to computing delinquent interest.

(F) Notwithstanding the periods of limitation for filing a petition for and determining the amount of an abatement or refund of taxes provided in sub-subparagraph (A) or (D) of this subparagraph (I), an abatement or refund of taxes may be made to any common interest community for property taxes levied for property tax years commencing on or after January 1, 1985, but prior to January 1, 1996, on property not valued in accordance with section 39-1-103 (10), if a petition for abatement or refund is filed on or before June 1, 1997.

(II) Repealed.

(b) Any taxes illegally or erroneously levied and collected, and delinquent interest thereon, are refunded pursuant to this section, together with refund interest at the same rate as that provided for delinquent interest set forth in section 39-10-104.5; except that refund interest shall not be paid if the taxes were erroneously levied and collected as a result of an error made by the taxpayer in completing personal property schedules pursuant to the provisions of article 5 of this title 39. For abatements or refunds made pursuant to a petition for abatement or refund filed prior to January 1, 2018, refund interest accrues from the date payment of taxes and delinquent interest thereon was received by the treasurer from the taxpayer; except that refund interest accrues from the date a complete abatement petition is filed if the taxes were erroneously levied and collected as a result of an error or omission made by the taxpayer in completing the statements required pursuant to the provisions of article 7 of this title 39 and the county pays the abatement or refund within the time frame set forth in subsection (1)(a)(I)(B) of this section. For abatements or refunds made pursuant to a petition for abatement or refund filed on or after January 1, 2018, refund interest accrues from the date a complete abatement petition is filed. Beginning January 1, 2020, refund interest accrues from the date a complete abatement petition is filed or the date payment of taxes was received by the treasurer, whichever is later.

(c) Notwithstanding any other provision of this section, if a county, board of assessment appeals, court of competent jurisdiction, or the property tax administrator determines that a property is exempt from taxation under sections 39-3-106 to 39-3-113.5 or section 39-3-116, and if the county, board, court, or administrator finds competent evidence that said property became or remained subject to taxation for a period as a result of an error or omission made by the taxpayer, then the county, the board of assessment appeals, court of competent jurisdiction, or the property tax administrator may award refund interest or any other type of interest for not greater than two property tax years. Any interest awarded pursuant to this paragraph (c) shall be at the same rate as provided in section 39-10-104.5.

(2) (a) Any taxes levied on personal property, including but not limited to mobile homes, which are determined to be uncollectible after a period of one year after the date of their becoming delinquent may be canceled by the board of county commissioners.

(b) When any real property has been stricken off to a county by virtue of a tax sale and there has been no transfer by the county of a certificate of purchase thereon, the taxes on such property may be determined to be uncollectible after a period of six years from the date of becoming delinquent, and they may be canceled by the board of county commissioners. Such cancellation shall not affect the rights of the county under article 11 of this title to subsequently transfer any tax sale certificate nor its right to receive a tax deed and to exercise its rights thereunder with respect to such property.

(3) The treasurer shall keep a complete record of all taxes abated, refunded, or determined to be uncollectible and canceled by the board of county commissioners as provided in subsection (2) of this section. The treasurer shall file an annual report with the administrator by August 25 of each year that shall include all taxes abated, refunded, or determined to be uncollectible and canceled. Such report shall include the name of each owner of taxable property granted such abatement, refund, or cancellation of property taxes, the amount of property taxes abated, refunded, or canceled, and the date such abatement, refund, or cancellation was granted. The treasurer shall also file an annual report with the department of revenue by August 10 of each year that shall include all taxes on personal property abated or refunded. Such report shall include the name of each owner of taxable personal property granted such abatement or refund of personal property taxes, the schedule number that was the basis for the imposition of the taxes abated or refunded, if applicable, the amount of personal property taxes abated or refunded, and the date such abatement or refund was granted.
C.R.S. § 39-28-110.5 — CO Code / Title 39 / Article 28 / Part 1 / Section 39-28-110.5
39-28-110.5. Revenue and spending limitations
Status: in_force

39-28-110.5. Revenue and spending limitations. Notwithstanding any limitations on revenue, spending, or appropriations contained in section 20 of article X of the state constitution or any other provision of law, any revenue generated by the inventory tax imposed under section 39-28-103.3 and the per cigarette tax increase set forth in section 39-28-103 approved by the voters at the statewide election in November 2020, may be collected and spent as a voter-approved revenue change.
C.R.S. § 39-11-111 — CO Code / Title 39 / Article 11 / Section 39-11-111
39-11-111. Method of payment
Status: in_force

39-11-111. Method of payment. When the treasurer sells any tax lien on any lands or lots for delinquent taxes, the treasurer may accept payment of the purchase price in the form of cash, negotiable paper, or electronic funds transfer, subject to the treasurer's bidding rules.
C.R.S. § 39-3-202 — CO Code / Title 39 / Article 3 / Part 2 / Section 39-3-202
39-3-202. Definitions
Status: in_force

39-3-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Division" means the division of veterans affairs in the department of military and veterans affairs.

(1.5) "Exemption" means the property tax exemptions for qualifying seniors and qualifying veterans with a disability allowed by section 39-3-203.

(2) (a) "Owner-occupier" means an individual who:

(I) Is an owner of record of residential real property that he or she occupies as his or her primary residence;

(II) Is not an owner of record of the residential real property that he or she occupies as his or her primary residence, but is:

(A) The spouse of an individual who is an owner of record of the residential real property and who also occupies the residential real property as his or her primary residence; or

(B) The surviving spouse of an individual who was an owner of record of the residential real property and who occupied the residential real property with the surviving spouse as his or her primary residence until his or her death; or

(III) Is not an owner of record of the residential real property that he or she occupies as his or her primary residence, only because the property has been purchased by or transferred to a trust, a corporate partnership, or any other legal entity solely for estate planning purposes and is the maker of the trust or a principal of the corporate partnership or other legal entity;

(IV) (A) Occupies residential real property as his or her primary residence; and

(B) Is the spouse of a person who also occupies the residential real property, who is not the owner of record of the property only because the property has been purchased by or transferred to a trust, a corporate partnership, or any other legal entity solely for estate planning purposes, and who is the maker of the trust or a principal of the corporate partnership or other legal entity; and

(V) (A) Occupies residential real property as his or her primary residence; and

(B) Is the surviving spouse of a person who occupied the residential real property with the surviving spouse until his or her death, who was not the owner of record of the property at the time of his or her death only because the property had been purchased by or transferred to a trust, a corporate partnership, or any other legal entity solely for estate planning purposes prior to his or her death, and who was the maker of the trust or a principal of the corporate partnership or other legal entity prior to his or her death.

(b) "Owner-occupier" also includes any individual who, but for the confinement of the individual to a hospital, nursing home, or assisted living facility, would occupy residential real property as his or her primary residence and would meet one or more of the ownership criteria specified in paragraph (a) of this subsection (2), if the residential real property:

(I) Is temporarily unoccupied; or

(II) Is occupied by the spouse or a financial dependent of the individual.

(3) "Owner of record" means an individual whose name appears on a valid recorded deed to residential real property as an owner of the property.

(3.3) "Proof of qualifying veteran with a disability status" means documentary evidence from the United States department of veterans affairs that an individual is a qualifying veteran with a disability, as defined in subsection (3.5) of this section. The division shall develop guidelines that specify the documentary evidence from the United States department of veterans affairs that is required to establish proof of qualifying veteran with a disability status.

(3.5) "Qualifying veteran with a disability" means an individual who has served on active duty in the United States armed forces, including a member of the Colorado National Guard who has been ordered into the active military service of the United States, has been separated therefrom under honorable conditions, and has either established a service-connected disability that has been rated by the United States department of veterans affairs as a one hundred percent permanent disability through disability retirement benefits pursuant to a law or regulation administered by the department, the United States department of homeland security, or the department of the Army, Navy, or Air Force or has individual unemployability status as determined by the United States department of veterans affairs.

(4) "Surviving spouse" means an individual who was legally married to another individual at the time of the other individual's death and who has not remarried.
C.R.S. § 39-22-505 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-505
39-22-505. Oil and gas producers
Status: repealed

39-22-505. Oil and gas producers. (Repealed)
C.R.S. § 39-1-122 — CO Code / Title 39 / Article 1 / Section 39-1-122
39-1-122. Interim task force to study property tax assessment - classification - land used
Status: repealed

39-1-122. Interim task force to study property tax assessment - classification - land used for agricultural and other purposes - 2010 interim - legislative declaration - repeal. (Repealed)
C.R.S. § 39-11-124 — CO Code / Title 39 / Article 11 / Section 39-11-124
39-11-124. Counties, prior sales validated
Status: in_force

39-11-124. Counties, prior sales validated. All assignments, sales, or transfers of certificates of purchase by counties made before August 1, 1964, are validated and confirmed.
C.R.S. § 39-30-104 — CO Code / Title 39 / Article 30 / Section 39-30-104
39-30-104. Credit against tax - investment in certain property - definitions
Status: repealed

39-30-104. Credit against tax - investment in certain property - definitions. (1) (a) There shall be allowed to any person as a credit against the tax imposed by article 22 of this title 39, for income tax years commencing on or after January 1, 1986, an amount equal to the total of three percent of the total qualified investment, as determined under section 46 (c)(2) of the federal "Internal Revenue Code of 1986", as amended, in such taxable year in qualified property as defined in section 48 of the internal revenue code to the extent that such investment is in property that is used solely and exclusively in an enterprise zone for at least one year. The references in this subsection (1) to sections 46 (c)(2) and 48 of the internal revenue code mean sections 46 (c)(2) and 48 of the internal revenue code as they existed immediately prior to the enactment of the federal "Revenue Reconciliation Act of 1990".

(b) (I) Except as provided in subparagraph (IV) of this paragraph (b), for income tax years commencing on or after January 1, 2011, and for each income tax year thereafter, a commercial truck, truck tractor, tractor, or semitrailer with a gross vehicle weight rating of fifty-four thousand pounds or greater that is model year 2010 or newer and is designated as Class A personal property as specified in section 42-3-106 (2)(a), C.R.S., as well as any parts associated with the vehicle at the time of purchase, shall be deemed to be used solely and exclusively in an enterprise zone if it is licensed and registered within the state and predominantly housed and based at the taxpayer's business trucking facility within an enterprise zone for the twelve-month period following its purchase.

(II) The income tax credit for a qualified investment in a commercial truck, truck tractor, tractor, or semitrailer with a gross vehicle weight rating of fifty-four thousand pounds or greater that is model year 2010 or newer and is designated as Class A personal property as specified in section 42-3-106 (2)(a), C.R.S., as well as any parts associated with the vehicle at the time of purchase, shall be allowed in an amount equal to one and one-half of one percent of the total qualified investment if the model year of the commercial truck, truck tractor, tractor, or semitrailer was sold as new during such income tax year;

(III) For purposes of this paragraph (b), "facility" means any factory, mill, plant, refinery, warehouse, feedlot, building, or complex of buildings located within the state, including the land on which such facility is located and all machinery, equipment, and other real and tangible personal property located at or within such facility and used in connection with the operation of such facility, which facility the taxpayer owns, rents, or leases in the business's name at which continuous and ongoing operational activities of the business are maintained and at which at least one full-time employee of the business is employed.

(IV) To qualify for the tax credit granted under this paragraph (b), a claimant shall be certified by the Colorado economic development commission created in section 24-46-102, C.R.S.

(V) The Colorado economic development commission shall certify people eligible for the income tax credit granted in this paragraph (b) but shall not certify the income tax credit granted in this paragraph (b) if the certification results in more credits being claimed than are allocated pursuant to section 42-1-225, C.R.S.

(VI) To implement this section, the Colorado economic development commission shall track the amount of the credits authorized and, by January 30 of each year, transmit to the state treasurer a statement of the amount of tax credits certified pursuant to this paragraph (b) for the previous year.

(VII) No later than September 1, 2012, and no later than September 1 of each year thereafter through September 1, 2014, the Colorado economic development commission shall provide the department of revenue with an electronic report of the taxpayers receiving a credit allowed in this paragraph (b) for the preceding calendar year or any fiscal year ending in the preceding calendar year and any credits disallowed pursuant to subparagraph (V) of this paragraph (b). The report shall contain the following information:

(A) The taxpayer's name;

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

(C) The amount of the credit allowed in this section; and

(D) Any associated taxpayers' names, Colorado account numbers, and federal employer identification numbers or social security numbers, if the credit allowed in this section is allocated from a pass-through entity.

(2) (a) Repealed.

(b) In addition to the limitations set forth in paragraph (a) of this subsection (2), for income tax years commencing on or after January 1, 2011, but prior to January 1, 2014, any taxpayer that is eligible to claim a credit pursuant to subsection (1) of this section in excess of five hundred thousand dollars shall defer claiming any amount of the credit allowed pursuant to this section that exceeds five hundred thousand dollars until an income tax year commencing on or after January 1, 2014. The five hundred thousand dollar limitation specified in this paragraph (b) shall apply to any credit allowed in the income tax years commencing on or after January 1, 2011, but prior to January 1, 2014, including any amount carried forward from a prior year.

(c) (I) For income tax years commencing on or after January 1, 2014, except as provided in section 24-46-108 and subsection (2)(c)(II) of this section, the amount that may be claimed by a taxpayer for an income tax year and that is not applied or refunded under section 24-46-108 is limited to the lesser of:

(A) The sum of up to five thousand dollars of the taxpayer's actual tax liability for the income tax year plus fifty percent of any portion of the tax liability for the income tax year that exceeds five thousand dollars; or

(B) Seven hundred fifty thousand dollars plus any investment tax credit carryovers previously allowed in subsection (2.5) of this section.

(II) (A) A taxpayer may seek a waiver of the limitation specified in subparagraph (I) of this paragraph (c) by completing a written application to the Colorado economic development commission for permission to claim a credit in excess of such limit for the income tax year in which the total qualified investment is made. The application must include an identification of the substantial positive impact the waiver of the limitation would have on investments and on well-paying jobs in the enterprise zone, documentation that demonstrates that without the waiver of the limitation the substantial positive impact on investments and on well-paying jobs in the enterprise zone is not likely to occur, and information that the waiver of the limitation is a substantial factor to the start-up, expansion, or relocation of the taxpayer's business, that receipt of the waiver of the limitation is a major factor in the taxpayer's decision, and that without the waiver of the limitation the taxpayer is not likely to make the qualified investment. In deciding whether to grant the waiver of the limitation, the commission must consider the overall economic health of this state and the economic viability of the arguments made by the taxpayer in support of the taxpayer's application. The Colorado economic development commission may require the taxpayer to provide an independent analysis, at the taxpayer's expense, substantiating the taxpayer's arguments in support of the application. The taxpayer's application must be considered at a regularly scheduled meeting of the Colorado economic development commission where the public is allowed to comment.

(B) The Colorado economic development commission may allow all, part, or none of a taxpayer's application to waive the limitation specified in subparagraph (I) of this paragraph (c). The Colorado economic development commission shall issue a credit certificate that sets forth the amount of the credit that the taxpayer may claim for the income tax year in which the total qualified investment is made. The credit certificate shall be submitted by the taxpayer to the department of revenue with the taxpayer's income tax return for the tax year for which the credit certificate is issued.

(C) In the event the Colorado economic development commission approves a taxpayer's application to waive the limitation specified in subparagraph (I) of this paragraph (c), the Colorado economic development commission shall include its decision in the enterprise zone annual report to the general assembly specified in section 39-30-103 (4)(b.7), including the taxpayer's name, the amount of the credit that the commission allowed the taxpayer to claim, and the Colorado economic development commission's justification for approving the application.

(III) (A) Except as otherwise provided in sections 24-46-104.3, 24-46-107, and 24-46-108 and subsection (2)(c)(III)(B) of this section, any excess credit allowed pursuant to this subsection (2)(c) shall be an investment tax credit carryover to each of the fourteen income tax years following the unused credit year.

(B) Except as otherwise provided in sections 24-46-104.3 and 24-46-107, any excess credit allowed pursuant to this subsection (2)(c) for a renewable energy investment made in an income tax year commencing before January 1, 2018, shall be an investment tax credit carryover for twenty-two income tax years following the year the credit was originally allowed.

(IV) The limitation contained in this paragraph (c) on the amount a taxpayer may claim for the income tax year in which the total qualified investment is made does not limit the total amount of the credit allowed under subsection (1) of this section, nor does it limit the ability of a taxpayer to carryover a credit to subsequent tax years as allowed in subparagraph (III) of this paragraph (c) or previously allowed in subsection (2.5) of this section.

(V) In computing the amount that may be claimed by a taxpayer pursuant to this paragraph (c), a taxpayer's actual tax liability for the income tax year shall be derived from the calculated tax before any reduction of credits.

(2.5) (a) (I) Notwithstanding section 39-22-507.5 (7)(b), except as provided in sections 24-46-107 and 24-46-108, and except as otherwise provided in subsections (2.5)(a)(II) and (2.5)(b) of this section, any excess credit allowed pursuant to this section and not applied or refunded under section 24-46-108 shall be an investment tax credit carryover to each of the twelve income tax years following the unused credit year.

(II) Except as provided in section 24-46-107, any excess credit claimed pursuant to this section for a renewable energy investment made in an income tax year commencing before January 1, 2018, shall be an investment tax credit carryover for twenty income tax years following the year the credit was originally allowed.

(b) (I) Except as provided in section 24-46-107 and subsection (2.5)(b)(II) of this section, a taxpayer that deferred claiming any credit in excess of five hundred thousand dollars during an income tax year commencing on or after January 1, 2011, but prior to January 1, 2014, pursuant to subsection (2)(b) of this section shall be allowed to claim the deferred credit as an investment tax credit carryover for twelve income tax years following the year the credit was originally allowed plus one additional income tax year for each income tax year that the credit was deferred pursuant to subsection (2)(b) of this section.

(II) Except as provided in section 24-46-107, a taxpayer is allowed to claim the deferred credit described in subsection (2.5)(b)(I) of this section for a renewable energy investment made in an income tax year commencing before January 1, 2018, as an investment tax credit carryover for twenty income tax years following the year the credit was originally allowed plus one additional income tax year for each income tax year that the credit was deferred pursuant to subsection (2)(b) of this section.

(2.6) (a) Except as provided in section 24-46-104.3 and subsection (2.6)(b) of this section and notwithstanding any other provision in this section, in each income tax year commencing on or after January 1, 2015, but before January 1, 2021, a taxpayer who places a new renewable energy investment in service on or after January 1, 2015, but before January 1, 2021, that results in a credit pursuant to subsection (1) of this section may elect to receive a refund of eighty percent of the amount of such credit as specified in this subsection (2.6)(a) and forego the remaining twenty percent as a cost of such election. If eighty percent of the amount of the credit in subsection (1) of this section is:

(I) Seven hundred fifty thousand dollars or less, the taxpayer receives the full refund in the first tax year; or

(II) More than seven hundred fifty thousand dollars, the taxpayer annually receives a refund not to exceed seven hundred fifty thousand dollars per income tax year until eighty percent of the amount of the credit in subsection (1) of this section for the new renewable energy investment described in the final certification is completely refunded to the taxpayer.

(b) A taxpayer may make the election allowed in paragraph (a) of this subsection (2.6) for more than one new renewable energy investment per income tax year. If a taxpayer makes an election allowed in paragraph (a) of this subsection (2.6) for more than one new renewable energy investment, then the taxpayer may only receive the refund allowed in said paragraph (a) for any subsequent new renewable energy investment after the eighty percent of the amount of the credit for the previous new renewable energy investment is completely refunded to the taxpayer. Under no circumstances may a taxpayer making the required election specified in paragraph (a) of this subsection (2.6) receive refunds allowed pursuant to this subsection (2.6) totaling more than seven hundred fifty thousand dollars per income tax year.

(c) The taxpayer makes an election described in paragraph (a) of this subsection (2.6) by filing an election statement on such form as prescribed by the department of revenue not later than the due date, including extensions, for filing the tax return for the taxable year during which the new renewable energy investment described in the final certification is placed into service.

(d) The election described in paragraph (a) of this subsection (2.6) only applies to the renewable energy investment described in the final certification.

(e) The limitations on investment tax credit carryovers specified in subsections (2) and (2.5) of this section do not apply to any credit for which a taxpayer elects to seek a refund pursuant to this subsection (2.6). The refund specified in this subsection (2.6) is in addition to any other credits that a taxpayer may claim for other renewable energy investments pursuant to this section.

(f) For purposes of this subsection (2.6), unless the context otherwise requires:

(I) "Final certification" means a document prepared by the Colorado office of economic development and provided to the taxpayer granting approval for a project after it is placed in service.

(II) "Taxpayer" means the entire affiliated group if the taxpayer is part of an affiliated group.

(2.7) (a) The Colorado economic development commission shall annually post on its website or on the Colorado office of economic development's website the following information regarding any enterprise zone investment tax credit certified under this section:

(I) The enterprise zone for the certified credit;

(II) The name of the taxpayer or business;

(III) The type of business;

(IV) The tax year for which the credit is certified;

(V) The total qualified investment reported;

(VI) Whether the credit is for a renewable energy investment as defined in subsection (2.8) of this section;

(VII) The number of employees or contractors hired for a qualified investment;

(VIII) The number of construction personnel hired for a qualified investment;

(IX) The average salary or hourly wage of the employees, contractors, and construction personnel hired for a qualified investment;

(X) Any landowner lease payments made or land purchased for a qualified investment;

(XI) The estimated tax revenues the state and local governments will receive as a result of the qualified investment;

(XII) Any other economic benefits resulting from the qualified investment;

(XIII) The amount of the qualified investment that qualifies for the credit;

(XIV) The calculated credit; and

(XV) The county where the qualified investment is made.

(b) The taxpayer who made the qualified investment shall use reasonable efforts to obtain, estimate, and provide to the Colorado economic development commission the information required to be reported pursuant to this subsection (2.7).

(c) Notwithstanding section 24-1-136 (11), C.R.S., no later than November 1, 2020, and every November 1 thereafter, the Colorado economic development commission shall post on its website or on the Colorado office of economic development's website the level of renewable energy investment on and after June 5, 2015.

(2.8) For purposes of this section, "renewable energy investment" means an investment that qualifies for the credit specified in paragraph (a) of subsection (1) of this section for projects that generate electricity from eligible energy resources as defined in section 40-2-124 (1), C.R.S.

(3) (Deleted by amendment, L. 96, p. 1127, § 4, effective July 1, 1996.)

(4) (a) (I) In addition to any other credit allowed under this section, for income tax years commencing on or after January 1, 1997, but prior to January 1, 2014, there shall be allowed to any person as a credit against the tax imposed by article 22 of this title an amount equal to ten percent of the total investment made during the taxable year in a qualified job training program.

(II) In addition to any other credit allowed under this section, for income tax years commencing on or after January 1, 2014, there shall be allowed to any person as a credit against the tax imposed by article 22 of this title an amount equal to twelve percent of the total investment made during the taxable year in a qualified job training program.

(b) For purposes of this subsection (4):

(I) "Qualified job training program" means a structured training or basic education program conducted on-site or off-site by the taxpayer or another entity to improve the job skills of employees employed by the taxpayer working predominantly within an enterprise zone.

(II) "Total investment" means:

(A) Land, building, real property improvement, leasehold improvement, or space lease costs and the costs of any capital equipment purchased or leased by the taxpayer and used entirely within an enterprise zone primarily for qualified job training program purposes or to make a training site accessible, when such costs are not the subject of a credit under subsection (1) of this section; and

(B) Expenses of a qualified job training program, whether incurred within or outside of an enterprise zone, including expensed equipment, supplies, training staff wages or fees, training contract costs, temporary space rental, travel expenses, and other expense costs of qualified job training programs for employees working predominantly within an enterprise zone.

(5) and (6) Repealed.

(7) A person that claims a credit pursuant to section 39-22-551 is not entitled to claim the credit allowed pursuant to this section for the same improvements for which a credit was allowed by that section. A person that claims a credit pursuant to section 39-22-552 or 39-22-553 is not entitled to claim the credit allowed pursuant to this section for the same project for which a credit was allowed by those sections.
C.R.S. § 39-22-3802 — CO Code / Title 39 / Article 22 / Part 38 / Section 39-22-3802
39-22-3802. Voluntary contribution designation - procedure
Status: in_force

39-22-3802. 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 unwanted horse fund created in section 39-22-3803 (1).
C.R.S. § 39-22-519 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-519
39-22-519. Tax credit for book value of certificate for carriers of sludge - repeal
Status: repealed

39-22-519. Tax credit for book value of certificate for carriers of sludge - repeal. (Repealed)
C.R.S. § 39-8-109 — CO Code / Title 39 / Article 8 / Section 39-8-109
39-8-109. Effects of board of assessment appeals or district court decision
Status: in_force

39-8-109. Effects of board of assessment appeals or district court decision. (1) If upon appeal the appellant is sustained, in whole or in part, then the appellant shall provide a copy of the order or judgment of the board of assessment appeals or district court, as the case may be, to the county assessor. If the order or judgment has been appealed, then the appellant shall present to the county assessor a copy of the original order or judgment of the board of assessment appeals or district court and copies of all further decisions of the board of assessment appeals, district court, court of appeals, and supreme court. Upon presentation to the treasurer by the county assessor of a copy of the order or judgment of the board of assessment appeals or district court, as the case may be, and, if the case has been appealed, copies of all further decisions of the board of assessment appeals, district court, court of appeals, and supreme court, modifying the valuation for assessment of the property, the appellant, identified as the petitioner or plaintiff on the order or judgment of the board of assessment appeals or district court, shall forthwith receive the appropriate refund of taxes and delinquent interest thereon, together with refund interest at the same rate as delinquent interest as specified in section 39-10-104.5. Such refund interest shall only accrue from the date on which payment of taxes and delinquent interest thereon was received by the treasurer. Such refund shall be paid to the appellant even if the appellant is not the current owner of the property. The appellant and the county shall each be responsible for their respective costs in said court or board of assessment appeals, as the case may be.

(2) In the event that the treasurer refunds taxes and interest to the appellant based on a modification of the valuation for assessment of the property pursuant to subsection (1) of this section, the treasurer shall be entitled to reimbursement for the refund of taxes and interest pro rata by all jurisdictions receiving payment thereof and may request reimbursement from the jurisdictions or offset the reimbursements against subsequent payments. The provisions of this subsection (2) shall not apply to a city and county.
C.R.S. § 39-22-619 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-619
39-22-619. Certificate improperly procured
Status: repealed

39-22-619. Certificate improperly procured. (Repealed)
C.R.S. § 39-29-114 — CO Code / Title 39 / Article 29 / Section 39-29-114
39-29-114. Component members of a controlled group treated as one taxpayer
Status: in_force

39-29-114. Component members of a controlled group treated as one taxpayer. (1) For the purposes of this article, persons who are members of the same controlled group of corporations shall be treated as one taxpayer.

(2) If fifty percent or more of the beneficial interest in two or more corporations, trusts, or estates is owned by the same or related persons (taking into account only persons who own at least five percent of such beneficial interest), the exemptions allowed under this article shall be allocated among all such entities in proportion to their respective quantities of production from the property of such entities.

(3) In the case of individuals who are members of the same family, the exemptions allowed under this article shall be allocated among such individuals in proportion to their respective quantities of production from the property of such individuals. For the purposes of this article, the family of an individual shall be deemed to include only his spouse and children.

(4) For the purposes of this section, the term "controlled group of corporations" has the meaning given to such term by the "Internal Revenue Code of 1986", in section 613A, as of January 1, 1987. The change of the reference in this section from the "Internal Revenue Code of 1954" to the "Internal Revenue Code of 1986" shall not affect any act done or any right accrued or accruing before or after such change, but all rights and liabilities shall continue and may be enforced in the same manner as if such references had not been changed.
C.R.S. § 39-26-115 — CO Code / Title 39 / Article 26 / Part 1 / Section 39-26-115
39-26-115. Deficiency due to negligence
Status: in_force

39-26-115. Deficiency due to negligence. If any part of the deficiency is due to negligence or intentional disregard of authorized rules and regulations with knowledge thereof, but without intent to defraud, there shall be added ten percent of the total amount of the deficiency, and interest in such case shall be collected at the rate imposed under section 39-21-110.5, in addition to the interest provided by section 39-21-109, on the amount of such deficiency from the time the return was due, from the person required to file the return, which interest and addition shall become due and payable ten days after written notice and demand to him by the executive director of the department of revenue. If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added one hundred percent of the total amount of the deficiency, and, in such case, the whole amount of the tax unpaid, including the additions, shall become due and payable ten days after written notice and demand by the executive director, and an additional three percent per month on said amount shall be added from the date the return was due until paid.
C.R.S. § 39-3-127.5 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-127.5
39-3-127.5. Qualifying business entities - participation in federal tax credit transactions
Status: in_force

39-3-127.5. Qualifying business entities - participation in federal tax credit transactions - exemption - requirements - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Qualified business entity" means a limited partnership or a limited liability company:

(I) That is formed for the purpose of obtaining federal tax credits and that does obtain such credits; and

(II) The general partner or managing member of which is an entity that would qualify for property tax exemption under sections 39-3-106 to 39-3-113.5.

(2) For property tax years beginning on or after January 1, 2014, real and personal property is exempt from the levy and collection of property tax if:

(a) The property tax is owed by a qualified business entity; and

(b) The property is used for the purposes described in sections 39-3-106 to 39-3-113.5 and 39-3-116.

(3) In addition to any other requirement specified in this section, any exemption claimed pursuant to the provisions of this section must also comply with section 39-2-117.
C.R.S. § 39-20-106 — CO Code / Title 39 / Article 20 / Section 39-20-106
39-20-106. How values determined
Status: in_force

39-20-106. How values determined. In determining the values mentioned in section 39-20-105, the executive director of the department of revenue shall give consideration to the fair market value of the part to be so discharged and to such lien thereon as has priority to the lien of the state of Colorado.
C.R.S. § 39-29-111 — CO Code / Title 39 / Article 29 / Section 39-29-111
39-29-111. Withholding of income from oil and gas interest - definition
Status: repealed

39-29-111. Withholding of income from oil and gas interest - definition. (1) (a) Every producer or purchaser who disburses funds that are owed to any person owning a working interest, a royalty interest, a production payment, or any other interest in any oil or gas produced in Colorado shall, unless such production is exempt under section 39-29-105 (1) and the producer or purchaser has registered such exempt production with the department of revenue in accordance with rules promulgated by the department, withhold from the amount owed to such person an amount equal to one percent of the gross income from such interest, except for income accruing to the United States or the state of Colorado or to any political subdivision of the state of Colorado. The amount withheld is based on gross income as defined in section 39-29-102 (3)(a). On the first day of each month beginning with July 1, 2007, the aggregate of all such amounts withheld during the calendar month that was three months prior thereto shall be paid to the department in the manner set forth in section 39-21-119.5 (4)(b). Nothing in this section shall be so construed as to reduce the tax imposed by this article 29.

(b) Repealed.

(2) Every person making a return as required by section 39-29-112 may take credit for the amount withheld by the producer or the first purchaser against the tax shown to be due upon such return, and any overpayment shown on such return shall be refunded to the taxpayer.

(3) For the purposes of subsection (1) of this section, "producer or purchaser" means every person producing or extracting oil and gas deposits located within this state or the first purchaser of oil and gas produced from deposits located within this state.

(4) On or before March 1 of each year, every producer or purchaser shall provide each person holding any interest pursuant to subsection (1) of this section with a statement of the amounts deducted and withheld pursuant to this section from disbursements made to such person during the preceding calendar year. Such statements shall be retained in the records of every producer or purchaser for a period of three years and shall be made available to the department of revenue upon the written request of the department.
C.R.S. § 39-22-1303 — CO Code / Title 39 / Article 22 / Part 13 / Section 39-22-1303
39-22-1303. Repeal of part
Status: repealed

39-22-1303. Repeal of part. (Repealed)
C.R.S. § 39-3-124 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-124
39-3-124. Property used by state entity - installment sales or lease agreement - financed
Status: in_force

39-3-124. Property used by state entity - installment sales or lease agreement - financed purchase of an asset, certificate of participation, or leveraged lease agreement - exemption. (1) (a) Property, real and personal, that is used by the state or any of its political subdivisions pursuant to the provisions of any installment sales agreement, financed purchase of an asset agreement, certificate of participation agreement, or any other agreement whereby the state or such political subdivision shall be entitled to acquire title to such property at the end of the agreement term without cost or for only nominal consideration shall be exempt from the levy and collection of property tax.

(b) (I) (A) Subject to the provisions of sub-subparagraph (B) of this subparagraph (I), on and after January 1, 2009, the part of real property that is used by the state, a political subdivision, or a state-supported institution of higher education pursuant to the provisions of any lease or rental agreement for at least a one-year term, with or without an option to purchase, and pursuant to which the subject real property is used for purposes of the state, political subdivision, or institution of higher education, as applicable, shall be exempt from the levy and collection of property tax. If the state or any political subdivision or state-supported institution of higher education enters into a lease or rental agreement or is already in a lease or rental agreement on or after January 1, 2009, and is exempt from the levy and collection of property tax pursuant to this section, the state, political subdivision, or state-supported institution of higher education, as applicable, shall file a copy of the lease or rental agreement with the county assessor's office. The state or a political subdivision or institution of higher education shall notify the county assessor's office in the event that the lease or rental agreement is terminated prior to the term stated in such lease or rental agreement. Nothing in this paragraph (b) shall affect property tax exemptions allowed pursuant to section 8-82-104, 22-32-127, 29-4-227, 30-11-104.2, 31-15-802, or 43-1-214, C.R.S.

(B) The state, a political subdivision, or a state-supported institution of higher education shall reduce, deduct, or offset property taxes from rent due under any lease or rental agreement pursuant to sub-subparagraph (A) of this subparagraph (I). Upon receipt of a lease or rental agreement for the state, a political subdivision, or a state-supported institution of higher education, the county assessor shall send a notice to the landlord acknowledging receipt of the lease or rental agreement. The notice shall identify the property, the property address, and the parties to the lease or rental agreement.

(C) To the extent that real property taxes are shared and payable by one or more tenants under the lease of property that are not the state, a political subdivision, or a state-supported institution of higher education, real property taxes otherwise due but for the application of this paragraph (b) shall be deemed taxes paid by the property owner or the landlord of a property leased in part to the state, a political subdivision, or a state-supported institution of higher education.

(D) Only a tenant that is the state, a political subdivision, or a state-supported institution of higher education shall receive any benefit related to the tenant's property tax-exempt status pursuant to this paragraph (b).

(E) It is the general assembly's intent that the application of this paragraph (b) be cost-neutral in that the tax reduction and the rent reduction pursuant to this paragraph (b) are equal.

(II) For purposes of this paragraph (b), "state-supported institution of higher education" includes, but need not be limited to, all postsecondary institutions in the state supported in whole or in part by state funds, including community colleges, extension programs of the state-supported universities and colleges, local district colleges, area technical colleges, and the institutions governed by the regents of the university of Colorado.

(2) A leasehold interest in real or personal property that is owned by the state or by a political subdivision of the state and that has been leased to a private person, the use and possession of which has been leased back to the state or a political subdivision of the state, shall be exempt from the levy and collection of property tax during the term of the use and possession of the property by the state or a political subdivision of the state. Property that is the subject of a leveraged leasing agreement executed by the state or by a political subdivision of the state shall be treated as tax-exempt property owned by the state for purposes of any state or local tax.

(3) The lease of property by a political subdivision of the state to a private person and the sublease of the property back to the political subdivision of the state pursuant to a leveraged leasing agreement shall not cause the private person to whom the property has been leased to incur any liability in tort by virtue of the private person's status as a lessor under the leveraged leasing agreement.
C.R.S. § 39-22-624 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-624
39-22-624. Prior rights and liabilities not affected
Status: in_force

39-22-624. Prior rights and liabilities not affected. Nothing in this article shall be construed to affect any right, duty, or liability arising under statutes in effect immediately prior to January 1, 1965, but the same shall be continued and concluded under such prior statutes. Nothing in this article shall revive or reinstate any right or liability previously barred by statute.
C.R.S. § 39-22-4504 — CO Code / Title 39 / Article 22 / Part 45 / Section 39-22-4504
39-22-4504. Repeal of part
Status: repealed

39-22-4504. Repeal of part. This part 45 is repealed, effective January 1 of the income tax year following the year in which the executive director files written certification with the revisor of statutes that the Habitat for Humanity of Colorado fund voluntary contribution will no longer appear on the individual income tax return form due to a failure to meet the requirements of section 39-22-1001 (5)(a).
C.R.S. § 39-22-509 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-509
39-22-509. Credit against tax - employer expenditures for alternative transportation option
Status: repealed

39-22-509. Credit against tax - employer expenditures for alternative transportation options for employees - legislative declaration - definitions - repeal. (1) 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 hereby finds and declares that:

(a) The general legislative purposes of the tax credit allowed by this section are:

(I) To induce certain designated behavior by taxpayers, specifically the provision of alternative transportation options by employers to employees; and

(II) To provide tax relief for certain employers that provide alternative transportation options to their employees;

(b) The specific legislative purpose of the tax credit allowed by this section is to increase the use of alternative transportation options by employees in going to and returning from their places of employment by providing an incentive to employers to provide alternative transportation options to employees. In order to allow the general assembly and the state auditor to measure the effectiveness of the credit, the department of revenue, when administering the credit, shall require each employer that claims the credit to provide, at a minimum, information about the specific alternative transportation options offered, the number of employees offered an alternative transportation option, and, to the extent feasible, the number of employees actually using an alternative transportation option and the number of trips taken by employees using an alternative transportation option.

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

(a) "Alternative transportation options" means free or partially subsidized generally accepted transportation demand management strategies provided to employees working in Colorado, including but not limited to ridesharing arrangements, provision of ridesharing vans or low-speed conveyances such as human-powered or electric bicycles, shared micromobility options such as bikesharing and electric scooter sharing programs, car sharing programs, and guaranteed ride home programs for employees, including, but not limited to:

(I) Providing vehicles for ridesharing arrangements;

(II) Cash incentives, not to exceed the value of such transportation demand management strategies, including for participation in ridesharing or bikesharing;

(III) The payment of all or part of the administrative cost incurred in organizing, establishing, or administering alternative transportation options programs for employees;

(IV) Free or partially subsidized mass transit tickets, tokens, passes, or fares for use by employees in going to and returning from their places of employment; and

(V) Free or partially subsidized prearranged rides, as defined in section 40-10.1-602 (2), or free or partially subsidized rides provided by bikesharing arrangements for use by an employee in traveling between the employee's residence, the employee's place of employment, or a mass transit facility that connects the employee to the employee's residence or place of employment.

(b) "Bikesharing arrangement" means a rental operation at which bicycles, as defined in section 42-1-102 (10); electrical assisted bicycles, as defined in section 42-1-102 (28.5); or electric scooters, as defined in section 42-1-102 (28.8), are made available to pick up and drop off for point-to-point use within a defined geographic area.

(c) "Employer" means an entity, including but not limited to a corporation, nonprofit organization, partnership, joint venture, common trust fund, limited association, pool or working agreement, local government, or limited liability company, that employs three or more persons in this state.

(d) "Local government" means any home rule city, town, or city and county, or statutory city or town.

(e) "Ridesharing arrangement" means the vehicular transportation of passengers traveling together primarily to and from such passengers' places of business or work or traveling together on a regularly scheduled basis with a commonality of purposes if the vehicle used in such transportation is not operated for profit by an entity primarily engaged in the transportation business and if no charge is made therefor other than that reasonably calculated to recover the direct and indirect costs of the "ridesharing arrangement", including, but not limited to, a reasonable incentive to maximize occupancy of the vehicle. However, nothing in this subsection (2)(e) excludes from this definition an arrangement by an employer engaged in the transportation business that provides ridesharing arrangements for its employees. "Ridesharing" includes "ridesharing arrangements" commonly known as carpools and vanpools, but does not include school transportation vehicles operated by elementary and secondary schools when they are operated for the transportation of children to or from school or on school-related events.

(3) (a) For income tax years beginning on or after January 1, 2023, but before January 1, 2027, there is allowed a credit to each employer in an amount equal to fifty percent of the amount spent by the employer to provide alternative transportation options to its employees, subject to the limitations that the maximum amount spent in any income tax year for which an employer may claim a credit is two hundred fifty thousand dollars and that the maximum amount spent in any income tax year for any one employee for which an employer may claim a credit is two thousand dollars.

(b) (I) For income tax years commencing before January 1, 2024, a local government or nonprofit organization shall file a corporate income tax return for informational purposes for each income tax year that the local government or nonprofit organization claims the credit allowed in subsection (3)(a) of this section.

(II) For income tax years commencing on or after January 1, 2024, but before January 1, 2025, a local government or nonprofit organization that claims the credit allowed in subsection (3)(a) of this section shall file a return pursuant to section 39-22-601 (7)(b).

(c) As a prerequisite for claiming a credit, an employer shall provide to the department, on a form provided by the department or otherwise in such form as the department may require and by an annual deadline specified by the department, its plan for notifying its employees of the availability of the alternative transportation options that it offers and the steps beyond such notification that it plans to take to encourage employees to use those alternative transportation options.

(d) An employer may claim a credit only for amounts spent by the employer for alternative transportation options that it makes available to all of its employees who are employed in Colorado; except that, if it is not feasible to offer a particular alternative transportation option to certain employees, an employer may offer a substantially equivalent alternative transportation option to such employees. The requirement that an alternative transportation option be offered to all employees who are employed in Colorado applies regardless of the position that an employee holds, whether the employee is employed on a full-time or part-time basis, or whether an employee is salaried, compensated in whole or in part through commissions or tips, or paid on an hourly basis.

(4) The amount of any credit allowed under this section that exceeds the employer's income taxes due is refunded to the employer.

(5) The executive director may prescribe forms and promulgate rules as necessary to administer this section.

(6) This section is repealed, effective January 1, 2031.
C.R.S. § 39-28.6-106 — CO Code / Title 39 / Article 28.6 / Section 39-28.6-106
39-28.6-106. Books and records to be preserved
Status: in_force

39-28.6-106. Books and records to be preserved. (1) Every distributor shall keep at each licensed place of business complete and accurate records for that place of business, including itemized invoices of nicotine products held, purchased, manufactured, brought in or caused to be brought in from without the state, or shipped or transported to retailers in this state, and of all sales of nicotine products made, except sales to the ultimate consumer within the state.

(2) The distributor's records must show the names and addresses of purchasers, the inventory of all nicotine products on hand, and other pertinent papers and documents relating to the purchase, sale, or disposition of nicotine products.

(3) When a licensed distributor sells nicotine products exclusively to the ultimate consumer within the state at the address given in the license, no invoice of those sales is required, but the licensed distributor shall make itemized invoices of all nicotine products transferred to other retail outlets owned or controlled by that licensed distributor. A distributor shall preserve all books, records, and other papers and documents required by this section to be kept for a period of at least three years after the date of the documents, unless the department, in writing, authorizes their destruction or disposal at an earlier date.

(4) (a) Every retailer that is not also a licensed distributor shall keep at its place of business complete and accurate records to show that all nicotine products received by the retailer were purchased from a licensed distributor. The retailer shall provide a copy of such records to the department if so requested. The department may establish the acceptable form of such records.

(b) The general assembly shall appropriate money for any expenses incurred by the department related to enforcing subsection (4)(a) of this section from the tobacco tax enforcement cash fund created in section 39-28-107 (1)(b).
C.R.S. § 39-28.8-307 — CO Code / Title 39 / Article 28.8 / Part 3 / Section 39-28.8-307
39-28.8-307. Revenue and spending limitations
Status: in_force

39-28.8-307. Revenue and spending limitations. Notwithstanding any limitations on revenue, spending, or appropriations contained in section 20 of article X of the state constitution or any other provision of law, any revenues generated by the retail marijuana excise tax imposed pursuant to this part 3 as approved by the voters at the statewide election in November 2013 may be collected and spent as voter-approved revenue changes and shall not require voter approval subsequent to the voter approval required pursuant to part 4 of this article.
C.R.S. § 39-29-109.5 — CO Code / Title 39 / Article 29 / Section 39-29-109.5
39-29-109.5. Interest differential - public school energy efficiency fund - creation - uses -
Status: repealed

39-29-109.5. Interest differential - public school energy efficiency fund - creation - uses - definitions - repeal. (Repealed)
C.R.S. § 39-29-107.8 — CO Code / Title 39 / Article 29 / Section 39-29-107.8
39-29-107.8. Refunds
Status: in_force

39-29-107.8. Refunds. (1) Prior to the allocation in section 39-29-108, the state treasurer shall set aside and maintain all revenue from the tax imposed pursuant to this article in a reserve that is available for the payment of refunds related to the tax in accordance with section 39-21-108. At the end of each month, any moneys in the reserve that are not required for a refund are the total gross receipts realized that are available for allocation under section 39-29-108.

(2) (a) Prior to July 1, 2016, if the amount in the reserve is less than the amount of refunds that are required to be made from the reserve, then the state treasurer shall credit to the reserve from the proceeds of the money collected under article 22 of this title an amount equal to the deficit.

(b) On or after July 1, 2016, but prior to July 1, 2017, the state treasurer shall credit to the reserve from the proceeds of the money collected under article 22 of this title an amount equal to the amount by which the refunds for the tax imposed pursuant to this article that are made for a month exceed fifteen percent of the gross severance tax revenues for the same month.

(c) (I) If, as of the end of the state fiscal year commencing on July 1, 2017, the amount in the reserve is less than the amount of refunds that are required to be made from the reserve, then the state treasurer shall credit to the reserve from the proceeds of the money collected under article 22 of this title 39 an amount equal to one-fourth of the deficit.

(II) The amount credited to the reserve in accordance with subsection (2)(c)(I) of this section replaces any money from the reserve that was transferred to the severance tax operational fund, and as a result, no amount shall be recouped from the operational fund for purposes of making a refund for the fiscal year commencing on July 1, 2017.

(3) The state treasurer shall credit money to the reserve in accordance with subsection (2) of this section on a monthly basis. If there is insufficient revenue available to be credited, the state controller may authorize an advance under section 24-75-203 (2), C.R.S., to the reserve to be used for the refunds. There is no limit on the amount of an advance that the state controller may make for this purpose.
C.R.S. § 39-28.8-302 — CO Code / Title 39 / Article 28.8 / Part 3 / Section 39-28.8-302
39-28.8-302. Retail marijuana - excise tax levied at first transfer from retail marijuana cul
Status: in_force

39-28.8-302. Retail marijuana - excise tax levied at first transfer from retail marijuana cultivation facility - tax rate. (1) (a) (I) Except as otherwise provided in subsection (1)(b) or (1)(c) of this section, there is levied and shall be collected, in addition to the sales tax imposed pursuant to part 1 of article 26 of this title 39 and part 2 of this article 28.8, a tax on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility, at a rate of fifteen percent of the average market rate of the unprocessed retail marijuana if the transaction is between affiliated retail marijuana business licensees. Except as otherwise provided in subsection (1)(b) or (1)(c) of this section, there is levied and shall be collected, in addition to the sales tax imposed pursuant to part 1 of article 26 of this title 39 and part 2 of this article 28.8, a tax on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility, at a rate of fifteen percent of the contract price for unprocessed retail marijuana if the transaction is between unaffiliated retail marijuana business licensees. Retail marijuana excise tax shall also be calculated as fifteen percent of the contract price when the first transfer of retail marijuana that has been harvested for sale at a retail marijuana store or extraction by a retail marijuana product manufacturing facility is between unaffiliated retail marijuana cultivation facilities. The tax shall be imposed at the time when the retail marijuana cultivation facility first sells or transfers unprocessed retail marijuana from the retail marijuana cultivation facility to a retail marijuana product manufacturing facility or a retail marijuana store.

(II) If, for the fiscal year 2014-15, fiscal year spending is greater than twelve billion eighty million dollars or if the revenue from retail marijuana taxes is greater than sixty-seven million dollars, then on September 16, 2015, the rate of the tax imposed under subparagraph (I) of this paragraph (a) is reduced as specified in section 20 (3)(c) of article X of the state constitution. On September 17, 2015, in accordance with paragraph (b) of this subsection (1) and the authority that the voters conferred through their approval of proposition AA at the November 2013 election, the rate is increased back to fifteen percent.

(b) The fifteen percent tax rate specified in paragraph (a) of this subsection (1) is the maximum tax rate that may be imposed pursuant to this section. At any time on or after January 1, 2014, the general assembly may, by a bill enacted by the general assembly and that becomes law:

(I) Establish a tax rate to be imposed pursuant to this subsection (1) that is lower than fifteen percent of the average market rate of unprocessed retail marijuana at the time that it is sold or transferred; or

(II) After establishing a tax rate that is lower than fifteen percent pursuant to subparagraph (I) of this paragraph (b), increase the tax rate to be imposed pursuant to this subsection (1); except that, in no event shall the general assembly increase the tax rate above fifteen percent of the average market rate of unprocessed retail marijuana at the time that it is sold or transferred. Notwithstanding any other provision of law, an increase in the tax rate pursuant to this subparagraph (II) shall not require voter approval subsequent to the voter approval required pursuant to part 4 of this article.

(c) The transfer of unprocessed retail marijuana exclusively for microbial control is deemed to not be the first transfer of unprocessed retail marijuana for the purposes of this section.

(2) (a) Except as provided in subsection (2)(b) of this section, the tax imposed pursuant to subsection (1) of this section shall not be levied on the sale or transfer of unprocessed marijuana by a marijuana cultivation facility to a medical marijuana center.

(b) A transfer and change of designation of retail marijuana to medical marijuana pursuant to sections 44-10-502 (9) and 44-10-602 (13) or retail marijuana that has been extracted and is in a concentrated form to medical marijuana that has been extracted and is in a concentrated form pursuant to sections 44-10-503 (12) and 44-10- 603 (15) is not a transaction that creates a right to a refund of a retail marijuana excise tax imposed or paid prior to that transfer and change of designation.

(3) The department of revenue shall provide local governments with information regarding the tax collected pursuant to this section under a confidential shared-use agreement.
C.R.S. § 39-11-112 — CO Code / Title 39 / Article 11 / Section 39-11-112
39-11-112. Erroneous name or assessment in wrong county - effect
Status: in_force

39-11-112. Erroneous name or assessment in wrong county - effect. (1) When tax liens on any lands or town lots are offered for sale for any delinquent taxes, it shall not be necessary to sell the same as the property of any person. No sale of any tax lien on any land or town lots for delinquent taxes shall be considered invalid because charged on the roll in any other name than that of the rightful owner, or charged as unknown; but the tax lien and such land or lots in other respects shall be sufficiently described on the tax roll to identify the same, and the taxes for such land or lots shall be due and unpaid at the time of such sale.

(2) When any land lying in one county is erroneously taxed and a tax lien on such land is sold for delinquent taxes in another county, the county so erroneously taxing and selling a tax lien on such land for delinquent taxes shall be liable to the owner of such land for any expense or damage caused to such owner by such erroneous sale.
C.R.S. § 39-26-112 — CO Code / Title 39 / Article 26 / Part 1 / Section 39-26-112
39-26-112. Excess tax - remittance - repeal
Status: repealed

39-26-112. Excess tax - remittance - repeal. (1) If any vendor, during any reporting period, collects as a tax an amount in excess of the tax imposed by section 39-26-106 (1), such vendor shall remit to the executive director of the department of revenue the full net amount of the tax imposed in this part 1 and also such excess. The retention by the retailer or vendor of any excess of tax collections over the said percentage of the total taxable sales of such retailer or vendor, or the intentional failure to remit punctually to the executive director the full amount required to be remitted by the provisions of this part 1 is declared to be unlawful and constitutes a misdemeanor.

(2) (a) The requirements and penalty in this section do not apply to a qualifying retailer retaining state sales tax as allowed in section 39-26-105 (1.3).

(b) This subsection (2) is repealed, effective December 31, 2026.
C.R.S. § 39-26-710 — CO Code / Title 39 / Article 26 / Part 7 / Section 39-26-710
39-26-710. Railroads - construction and building materials - tangible personal property - w
Status: in_force

39-26-710. Railroads - construction and building materials - tangible personal property - work equipment - rolling stock. (1) The following shall be exempt from taxation under the provisions of part 1 of this article:

(a) The sale of construction and building materials to a common carrier by rail operating in interstate or foreign commerce for use by the common carrier in construction and maintenance of its railroad tracks; however, any actual use of such construction and building materials shall, at the time of the actual use, be subject to the tax imposed by part 2 of this article and any use tax imposed pursuant to article 2 of title 29, C.R.S.;

(b) The sale of tangible personal property that is to be affixed or attached as a component part of a locomotive, a freight car, railroad work equipment, or other railroad rolling stock; and

(c) The sale of locomotives, freight cars, railroad work equipment, and other railroad rolling stock used or purchased for use in interstate commerce by a railroad company.

(2) The following shall be exempt from taxation under the provisions of part 2 of this article:

(a) The storage, use, or consumption of any tangible personal property that is to be affixed or attached as a component part of a locomotive, a freight car, railroad work equipment, or other railroad rolling stock; and

(b) The storage, use, or consumption of locomotives, freight cars, railroad work equipment, and other railroad rolling stock used or purchased for use in interstate commerce by a railroad company.
C.R.S. § 39-26-103 — CO Code / Title 39 / Article 26 / Part 1 / Section 39-26-103
39-26-103. Licenses - fee - revocation - definition
Status: repealed

39-26-103. Licenses - fee - revocation - definition. (1) (a) Except as otherwise provided in sub-subparagraph (A) of subparagraph (IV) of paragraph (b.5) of subsection (9) of this section, it is unlawful for any person to engage in the business of selling at retail without first having obtained a license therefor, which license shall be granted and issued by the executive director of the department of revenue and shall be in force and effect until December 31 of the year following the year in which it is issued, unless sooner revoked. Such license shall be granted or renewed only upon application stating the name and address of the person desiring such a license, the name of such business and the location, including the street number of such business, and such other facts as the executive director may require.

(b) It is the duty of each such licensee on or before January 1 of the second year following the year in which his license is issued or renewed to obtain a renewal thereof if the licensee remains in retail business or liable to account for the tax provided in this part 1. Unless evidence is submitted to the contrary, any account for which a license has been issued which shows no retail sales activity for any period of twelve consecutive months shall not be renewed. Such inactivity shall be considered prima facie evidence that the licensee is not in the business of selling at retail.

(c) For each license issued, a fee of sixteen dollars shall be paid, which fee shall accompany the application together with an additional fifty-dollar deposit. A further fee of sixteen dollars shall be paid for each two-year period or fraction thereof for which said license is renewed. Payment of a fee for such a license issued after June 30 shall be prorated in increments of six months. The fifty-dollar deposit shall be allowed as a credit against the Colorado sales tax to be remitted. Except for licenses issued pursuant to subsection (9)(b) of this section, all licenses issued pursuant to this section shall be renewed on a biennial basis, effective January 1, 1986.

(2) (a) If a retailer makes retail sales at two or more separate places of business in the state, a separate license for each place of business shall be required.

(b) Repealed.

(2.5) (a) If a retailer obtains a license as required in this section in good faith, the retailer provides an address that correctly indicates the location of the business, the department of revenue assigns an incorrect location code to the retailer, and the retailer in good faith collects and remits sales taxes for the local jurisdictions represented by the assigned location code, then notwithstanding this section, section 39-26-105, or section 39-26-118, the retailer is held harmless for any tax, charge, penalty, interest, or fee payable as a result of failing to collect and remit sales taxes for a local jurisdiction due to the incorrect location code.

(b) For purposes of this subsection (2.5), "location code" means the code assigned by the department of revenue to a retailer, based on the business address, when the retailer obtains a sales tax license as required in this section and represents the geographic region of the state and the local sales taxes that the retailer is required to collect and remit for such region, or means any successor system used by the department to identify the local sales taxes that a retailer is required to collect and remit based on the business location.

(3) Each license shall be numbered and shall show the name, residence, and place and character of business of the licensee and shall be posted in a conspicuous place in the place of business for which it is issued. No license shall be transferable.

(4) The executive director of the department of revenue, after reasonable notice and a full hearing, may revoke the license of any person found by the executive director to have violated any provision of this article 26. Any retailer who makes retail sales without securing a license therefor commits a petty offense and shall be punished according to section 18-1.3-503. Any retailer who makes retail sales without a license may also be subject to a civil penalty of fifty dollars per day to a maximum penalty of one thousand dollars. Such penalty shall be assessed by the executive director or the executive director's authorized agent and shall be waived or reduced if such failure to obtain such license is due to reasonable cause and not willful neglect or intent to defraud.

(5) Any finding and order of the executive director revoking the license of any person shall be subject to review by the district court of the district where the business of the licensee is conducted, upon application of the aggrieved party. The procedure for review shall be, as nearly as possible, the same as provided for the review of findings as provided by proceedings in the nature of certiorari.

(6) No license shall be required for any person engaged exclusively in the business of selling commodities which are exempt from taxation under this part 1.

(7) It is the duty of the executive director of the department of revenue, at the time of issuance of any new license for a retailer who makes retail sales, to notify the county treasurer of the county where the new licensee is located of the name and address of the licensee.

(8) (a) Any person operating exclusively as a wholesaler may apply to the department of revenue for a license to engage in the business of selling at wholesale. The application shall state the name and address of the person applying for such license, the name and location of the person's business, including the street number of such business, and such other information as the executive director of the department of revenue may require.

(b) A person shall pay a fee of sixteen dollars for each license issued under this subsection (8). If the licensee remains in the wholesale business, the licensee shall renew such license on or before January 1 of the second year following the year of issuance or renewal, but nothing in this section shall be construed to empower the executive director to refuse such renewal except revocation for cause of the licensee's prior license. Payment of a fee for a license issued after June 30 of any year shall be prorated in increments of six months. All licenses issued shall be renewed on a biennial basis, effective January 1, 1986.

(9) (a) A person operating as a charitable organization, as defined in section 39-26-102 (2.5), may apply to the department of revenue for a license to engage in the business of selling at retail. The application shall state the name and address of the person applying for such license, the name and location of the person's organization, including the street number of such organization, and such other information as the executive director of the department of revenue may require.

(b) A person conducting a singular sales event may apply to the department of revenue for a license to engage in the business of selling at retail for a temporary period of time. The application shall state the name and address of the person applying for such license, the name and location of the person's organization, including the street number of such organization, and such other information as the executive director of the department of revenue may require.

(b.5) (I) A person engaged in retail sales at more than one special sales event in any two-year period may apply to the department of revenue for a license to engage in selling at retail at such special sales event over a two-year period. Such special sales event license shall only apply to retail sales made by the person to whom the license is issued at such special sales events and shall not apply to sales at such person's business location or to any other sales. The application for such license shall state the name and address of the person desiring such a license and such other information as the executive director of the department of revenue may require. Except as otherwise provided in sub-subparagraph (A) of subparagraph (IV) of this paragraph (b.5), a person to whom a special sales event license has been issued shall file a separate return and payment of sales taxes for each special sales event at which retail sales are made by such person, which return shall be filed on the twentieth day of the month following the month in which such special sales event began.

(II) Any person who organizes a special sales event shall inform each person making any retail sales at such special sales event of the various taxes and tax rates that apply to retail sales at the special sales event and shall mail to the department within ten days of the last day of such special sales event a list of the name, address, and special sales event license number, if any, of each person making any retail sales at the special sales event.

(III) For purposes of this paragraph (b.5), "special sales event" means an event where retail sales are made by more than three persons at a location other than their normal business location, which event occurs no more than three times in any calendar year.

(IV) (A) Any person engaged in retail sales at a special sales event shall obtain a special sales event license pursuant to the provisions of subparagraph (I) of this paragraph (b.5) unless the person who organizes such special sales event elects to obtain a special sales event license pursuant to sub-subparagraph (B) of this subparagraph (IV) and such person who engages in retail sales at such special sales event elects to remit such sales tax collected to the person who organized such special sales event. Any person engaged in retail sales at a special sales event who has obtained a special sales event license pursuant to the provisions of subparagraph (I) of this paragraph (b.5) may elect to remit sales tax collected at such special sales event to the person who organized such special sales event and to whom a special sales event license has been issued pursuant to sub-subparagraph (B) of this subparagraph (IV).

(B) Any person who organizes a special sales event may apply to the department of revenue for a license for retail sales made at such special sales event. Such special sales event license shall only apply to retail sales made at such special sales event organized by the person to whom the license is issued and shall not apply to any other special sales events or sales. The application for such license shall state the name and address of the person desiring such a license and such other information as the executive director of the department of revenue may require. A person to whom a special sales event license has been issued pursuant to this sub-subparagraph (B) shall file a separate return and shall make payment of sales tax collected by persons making retail sales at such special sales event who have elected to remit such sales tax collections to the person licensed pursuant to the provisions of this sub-subparagraph (B). Such return shall be filed on the twentieth day of the month following the month in which such special sales event began. In addition to the information specified in subparagraph (II) of this paragraph (b.5), any person issued a special sales event license pursuant to this sub-subparagraph (B) shall maintain, at his place of business, a list showing the name and address of each person making any retail sales at such special sales event, the amount of gross retail sales made by such person at such special sales event, and the amount of sales tax collected by such person on such retail sales which are remitted by such licensee.

(c) A person who sells only products which are subject to city or county, but no state, sales tax may petition the department to waive the deposit established in paragraph (c) of subsection (1) of this section.

(d) An individual having an occasional or isolated sale of tangible personal property is not required to have a Colorado retail sales tax license. Such sales must be made from the private residences of such individuals, and the aggregate dollar amount of such sales may not exceed one thousand dollars for any one calendar year. In addition the following conditions must be met:

(I) Neither the seller nor any member of his household may be engaged in a trade or business where similar items are sold;

(II) An annual report of casual sales must be filed with the department by every individual making such sales, and the sales tax due must be remitted at the time the Colorado income tax return of such person is due as provided in article 22 of this title, on forms provided by the director, showing in detail all such sales made during the year; and

(III) All such returns shall be subscribed by the taxpayer or his agent and shall contain a written declaration that they are being made under the penalties of perjury in the second degree.

(e) In addition, when in the opinion of the executive director it is necessary for the efficient administration of this section to treat any salesman, representative, peddler, or canvasser as the agent of the vendor, distributor, supervisor, or employer under whom he operates or from whom he obtains tangible personal property sold by him or for whom he solicits business, the director may, in his discretion, treat such agent as the vendor jointly responsible with his principal, distributor, supervisor, or employer for the collection and payment over of the tax.

(f) Except as otherwise provided in this paragraph (f), a person shall pay a fee of eight dollars for each license issued under this subsection (9); except that a person shall pay a fee of sixteen dollars for a license issued or renewed under subparagraph (I) of paragraph (b.5) of this subsection (9). Any person to whom a sales tax license has been issued pursuant to paragraph (a) of subsection (1) of this section and to whom a special sales events license has been issued or renewed pursuant to paragraph (b.5) of this subsection (9) shall pay no fee for such new or renewed special sales events license. Payment of a fee for a license issued under paragraph (b.5) of this subsection (9) after June 30 of any year shall be prorated in increments of six months.

(10) Notwithstanding the amount specified for any fee in this section, the executive director of the department of revenue by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department of revenue by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
C.R.S. § 39-6-102 — CO Code / Title 39 / Article 6 / Section 39-6-102
39-6-102. Abstract and map of mining claims
Status: repealed

39-6-102. Abstract and map of mining claims. (Repealed)
C.R.S. § 39-2-120 — CO Code / Title 39 / Article 2 / Section 39-2-120
39-2-120. Powers of property tax administrator
Status: in_force

39-2-120. Powers of property tax administrator. The property tax administrator shall be authorized to certify official acts of the division of property taxation, to administer oaths, issue subpoenas, compel attendance of witnesses and the production of books, accounts, and records, and to cause depositions to be taken. In case any person fails to comply with any subpoena or refuses to testify on any matter upon which he may be lawfully questioned, any court having jurisdiction in the matter may, upon application of the property tax administrator, compel obedience in the manner provided by law.
C.R.S. § 39-31-102 — CO Code / Title 39 / Article 31 / Section 39-31-102
39-31-102. Procedures to obtain grant - department of revenue - responsibilities
Status: repealed

39-31-102. Procedures to obtain grant - department of revenue - responsibilities. (1) (a) A grant authorized by section 39-31-101 must be paid from the reserve for refunds created by section 39-22-622. Payments must be made on a quarterly basis, with the amount of each payment equal to the total amount of the grant divided by the number of quarters remaining in the calendar year in which the grant is awarded, with the calculation including the quarter in which the grant is awarded. Claimants meeting all qualification requirements for an entire taxable year are entitled to a grant allowable pursuant to section 39-31-101. Grants paid pursuant to this subsection (1) must be included for informational purposes in the general appropriation bill or in supplemental appropriation bills for the purpose of complying with the limitation on state fiscal year spending imposed by section 20 of article X of the state constitution and section 24-77-103.

(b) The department of revenue shall update its database on a periodic basis as necessary to ensure that all eligible claimants are receiving the grants.

(2) The executive director shall prescribe the forms to be used for the grants authorized by section 39-31-101 and the credit allowed pursuant to section 39-31-104.5 and prepare any instructions related to the forms. The executive director may create an electronic form to be used in addition to the paper form. If a sales tax refund is allowed for any given income tax year in accordance with section 39-22-2002, the executive director shall include provisions on the forms to allow qualified individuals to apply for the refund pursuant to section 39-22-2003 (5)(c). To receive a grant or credit, an individual must claim the grant or credit on the executive director's form.

(3) (a) If two or more individuals, other than spouses, are entitled to a grant authorized by section 39-31-101 or a credit allowed pursuant to section 39-31-104.5, the grant or credit may be claimed by either or any of the individuals. When two or more individuals claim the grant or credit for the same residence, the executive director is authorized to determine the proper allocation of the grant or credit.

(b) No grant or credit received pursuant to this article 31 is treated as income for purposes of determining the eligibility of any individual for old age pension benefits under article 2 of title 26.

(4) A grant authorized by section 39-31-101 that is claimed for general property taxes shall not exceed the amount of the taxes actually paid. A grant for property taxes or tax-equivalent amounts paid under section 39-31-101 shall not be made unless properly claimed on or before the expiration of twenty-four months after the end of the income tax year during which such taxes or tax-equivalent amounts were actually paid.

(5) Repealed.

(6) The grant authorized by section 39-31-101 for heat or fuel expenses shall not exceed the amount of the heat or fuel expenses actually paid, and a grant shall not be made unless the appropriate form claiming the same is filed with the department of revenue on or before the expiration of twenty-four months after the end of the taxable year for which the grant is claimed.
C.R.S. § 39-22-3304 — CO Code / Title 39 / Article 22 / Part 33 / Section 39-22-3304
39-22-3304. Repeal of part
Status: repealed

39-22-3304. Repeal of part. This part 33 is repealed, effective January 1 of the income tax year following the year in which the executive director files written certification with the revisor of statutes that the Colorado cancer fund voluntary contribution will no longer appear on the individual income tax return form due to a failure to meet the requirements of section 39-22-1001 (5)(a).
C.R.S. § 39-32-106 — CO Code / Title 39 / Article 32 / Section 39-32-106
39-32-106. Report to the general assembly
Status: repealed

39-32-106. Report to the general assembly. (Repealed)
C.R.S. § 39-28-202 — CO Code / Title 39 / Article 28 / Part 2 / Section 39-28-202
39-28-202. Definitions
Status: in_force

39-28-202. Definitions. As used in this part 2:

(1) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in exhibit C to the master settlement agreement.

(2) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms "owns," "is owned," and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten percent or more, and the term "person" means an individual, partnership, committee, association, corporation, or any other organization or group of persons.

(3) "Allocable share" means allocable share as that term is defined in the master settlement agreement.

(4) (a) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:

(I) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; or

(II) Tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or

(III) Any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (I) of this paragraph (a).

(b) The term "cigarette" includes roll-your-own, i.e., any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes.

(c) For purposes of this definition of "cigarettes", 0.09 ounces of roll-your-own tobacco shall constitute one individual "cigarette".

(5) "Master settlement agreement" means the settlement agreement and related documents dated November 23, 1998, entered into by the state and leading United States tobacco product manufacturers and attached as exhibit A to the consent decree approved by the district court for the city and county of Denver on November 25, 1998, in civil action no. 97CV3432.

(6) "Qualified escrow fund" means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least one billion dollars, where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing, or directing the use of the funds' principal except as consistent with section 39-28-203 (2).

(7) "Released claims" means released claims as that term is defined in the master settlement agreement.

(8) "Releasing parties" means releasing parties as that term is defined in the master settlement agreement.

(9) (a) "Tobacco product manufacturer" means an entity that, after July 1, 1999, directly and not exclusively through any affiliate:

(I) Manufactures anywhere cigarettes which the manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer; provided, however, that an entity that manufactures cigarettes that it intends to be sold in the United States shall not be considered a tobacco product manufacturer under this paragraph (a) if:

(A) Such cigarettes are sold in the United States exclusively through an importer that is an original participating manufacturer, as that term is defined in the master settlement agreement, that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the master settlement agreement and that pays the taxes specified in section II(z) of the master settlement agreement; and

(B) The manufacturer of such cigarettes does not market or advertise such cigarettes in the United States;

(II) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or

(III) Becomes a successor of an entity described in subparagraph (I) or (II) of this paragraph (a).

(b) "Tobacco product manufacturer" does not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within subparagraphs (I) through (III) of paragraph (a) of this subsection (9).

(10) "Units sold" means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, during the year in question, as measured by excise taxes collected by the state on containers of roll-your-own tobacco, and on packs of cigarettes bearing the excise tax stamp of the state. The department shall promulgate such rules as are necessary to ascertain the amount of state excise tax paid on the cigarettes of such tobacco product manufacturer for each year.
C.R.S. § 39-7-108 — CO Code / Title 39 / Article 7 / Section 39-7-108
39-7-108. Collection
Status: in_force

39-7-108. Collection. Beginning January 1, 1980, when taxes on oil and gas leaseholds and lands are due, such taxes shall be a debt due from the owner or the unit operator as the case may be and shall be recoverable by the treasurer by direct action in debt; except that such taxes treated as debt due from a fractional interest owner shall not exceed the amount of taxes for which the fractional owner is liable, as provided in section 39-10-106. The treasurer may also collect such debt as if the property were personal property.
C.R.S. § 39-22-4705 — CO Code / Title 39 / Article 22 / Part 47 / Section 39-22-4705
39-22-4705. Eligible expenses - penalties for other uses
Status: in_force

39-22-4705. Eligible expenses - penalties for other uses. (1) (a) For purposes of the income tax benefit conferred under this part 47, the money in a first-time home buyer savings account may be:

(I) Used for eligible expenses related to a qualified beneficiary's purchase of his or her primary residence in the state;

(II) Used for eligible expenses related to a qualified beneficiary's purchase of his or her primary residence in or outside the state, if the qualified beneficiary is active-duty military and was stationed in Colorado for any time after the creation of the account;

(III) Used for expenses that would have qualified under subparagraph (I) or (II) of this paragraph (a), but the contract for purchase did not close;

(IV) Transferred to another newly created first-time home buyer savings account; or

(V) Used to pay a service fee that is deducted by the financial institution.

(b) Paragraph (a) of this subsection (1) applies regardless of whether the qualified beneficiary is the sole owner of the primary residence or joint owner with another person who does not qualify as qualified beneficiary. The money in a first-time home buyer account may not be used for the purposes in subparagraphs (I), (II), and (III) of paragraph (a) of this subsection (1) related to the purchase of a manufactured or mobile home that is not taxed as real property.

(2) Money withdrawn from a first-time home buyer savings account is subject to recapture in the taxable year in which it is withdrawn based on a proportion from the account subtracted under section 39-22-104 (4)(w)(I) to the total amount in the account, if:

(a) At the time of the withdrawal, it has been less than a year since the first deposit in the first-time home buyer savings account; or

(b) The money is used for any purpose other than those specified in subsection (1) of this section.

(3) If any money is subject to recapture under paragraph (b) of subsection (2) of this section, the account holder shall pay to the department a penalty in the same taxable year as the recapture. If the withdrawal was made ten or fewer years after the first deposit in the first-time home buyer savings account, then the penalty is equal to five percent of the amount subject to recapture, and if the withdrawal was made more than ten years after the first deposit in the account, then the penalty is equal to ten percent of the amount subject to recapture. But these penalties do not apply if:

(a) The money is used for eligible expenses related to a qualified beneficiary's purchase of his or her primary residence outside of the state; or

(b) The money is from a first-time home buyer savings account for which the qualified beneficiary dies and the account holder does not designate a new qualified beneficiary during the same taxable year.

(4) If the account holder or, if the first-time home buyer savings account is jointly owned, account holders die, then all of the money in the account that was subtracted from taxable income is subject to recapture in the taxable year of the death or deaths, but no penalty is due to the department.
C.R.S. § 39-22-5102 — CO Code / Title 39 / Article 22 / Part 51 / Section 39-22-5102
39-22-5102. Voluntary contribution designation - procedure - effective date
Status: reserved

39-22-5102. Voluntary contribution designation - procedure - effective date. (1) (a) The executive director shall ensure that the Colorado state individual income tax return form contains a line for the donate to a Colorado nonprofit fund in the first income tax year:

(I) In which the department has received, on or before August 15, sufficient funds to implement this part 51 from gifts, grants, and donations, pursuant to section 39-22-5105;

(II) That begins on or after January 1, 2019; and

(III) That begins after the year in which the executive director files written certification with the revisor of statutes as specified in section 39-22-1001 (8) that a line on the income tax return form has become available and the donate to a Colorado nonprofit fund, created in section 39-22-5104, is next in the queue established pursuant to section 39-22-1001 (8).

(b) The executive director shall ensure that the line for the donate to a Colorado nonprofit fund appears on the form in each tax year after the year it is added pursuant to subsection (1)(a) of this section. The line must allow each individual taxpayer to designate the amount of the contribution, if any, and the name and such identifying information as the department of revenue may require of a single charitable organization from the list of eligible charitable organizations provided under section 39-22-5103 to receive the contribution.

(2) If a line on the individual income tax return form becomes available before the requirements of subsection (1)(a) of this section are met and the donate to a Colorado nonprofit fund is next in the queue established pursuant to section 39-22-1001 (8), the executive director shall file the written certification as specified in section 39-22-1001 (8) and shall ensure that the line on the form is reserved for the donate to a Colorado nonprofit fund until the requirements of subsection (1)(a) of this section are met. Notwithstanding any other provision of law, the executive director shall not use the line for another fund from the queue.

(3) The executive director shall notify the secretary of state when he or she files the written certification that a line has become available for the donate to a Colorado nonprofit fund under this section.
C.R.S. § 39-22-129 — CO Code / Title 39 / Article 22 / Part 1 / Section 39-22-129
39-22-129. Child tax credit - legislative declaration - definitions - repeal
Status: repealed

39-22-129. Child tax credit - legislative declaration - definitions - repeal. (1) (a) The general assembly hereby finds and declares that:

(I) The federal child tax credit, which includes the refundable portion of the credit commonly known as the additional child tax credit, supports low- and middle-income working families whose earnings are below an income threshold and who have children under seventeen years of age;

(II) Since its establishment at the federal level in 1997, the credit has increased family income, reduced child poverty among families with children, and supported local economies; and

(III) The credit has a positive impact on the early childhood development and health of children whose families gain income from the credit.

(b) Now, therefore, it is the intent of the general assembly to establish a permanent and refundable state child tax credit for eligible Colorado taxpayers. The intended purpose of this credit is to support Colorado working families with young children, reduce child poverty, and to help Colorado's economy.

(2) As used in this section:

(a) (I) "Eligible child" means, for income tax years commencing before January 1, 2024, a qualifying child for purposes of the federal child tax credit who is under six years of age at the end of the taxable year for which the credit is claimed.

(II) "Eligible child" means, for income tax years commencing on or after January 1, 2024, a qualifying child, as defined in section 152 (c) of the internal revenue code, who is under six years of age at the end of the taxable year for which the credit is claimed.

(b) "Federal child tax credit" means the child tax credit allowed under section 24 of the internal revenue code, or any successor section, and includes the refundable portion of the tax credit, which portion is referred to as the additional child credit.

(3) (a) Except as provided in subsection (4) of this section, for income tax years commencing on or after January 1, 2022, but before January 1, 2024, a resident individual who claims a federal child tax credit for an eligible child on the individual's federal tax return is allowed a child tax credit in the amount set forth in subsection (3)(b) or (3)(c) of this section against the income taxes due under this article 22 for the same tax year.

(b) (I) For a resident individual who files a single return, the amount of the credit is equal to:

(A) Thirty percent of the federal child tax credit that the resident individual claimed on his or her federal tax return for each eligible child, if the individual's federal adjusted gross income is twenty-five thousand dollars or less;

(B) Fifteen percent of the federal child tax credit that the resident individual claimed on his or her federal tax return for each eligible child, if the individual's federal adjusted gross income is greater than twenty-five thousand dollars but less than or equal to fifty thousand dollars; and

(C) Five percent of the federal child tax credit that the resident individual claimed on his or her federal tax return for each eligible child, if the individual's federal adjusted gross income is greater than fifty thousand dollars but less than or equal to seventy-five thousand dollars.

(II) A resident individual who files a single return and whose federal adjusted gross income is greater than seventy-five thousand dollars is not allowed a credit under this section.

(c) (I) For two resident individuals who file a joint return, the amount of the credit is equal to:

(A) Thirty percent of the federal child tax credit that the resident individuals claimed on their federal tax return for each eligible child, if the individuals' federal adjusted gross income is thirty-five thousand dollars or less;

(B) Fifteen percent of the federal child tax credit that the resident individuals claimed on their federal tax return for each eligible child, if the individuals' federal adjusted gross income is greater than thirty-five thousand dollars but less than or equal to sixty thousand dollars; and

(C) Five percent of the federal child tax credit that the resident individuals claimed on their federal tax return for each eligible child, if the individuals' federal adjusted gross income is greater than sixty thousand dollars but less than or equal to eighty-five thousand dollars.

(II) Two resident individuals who file a joint return and whose federal adjusted gross income is greater than eighty-five thousand dollars are not allowed a credit under this section.

(3.5) (a) Except as provided in subsection (4) of this section, for income tax years commencing on or after January 1, 2022, but before January 1, 2024, a resident individual who could have claimed a federal child tax credit for an eligible child on the individual's federal tax return had section 24 (h)(7) of the internal revenue code not applied to the definition of qualifying child, is allowed a child tax credit in the amount set forth in subsection (3.5)(b) or (3.5)(c) of this section against the income taxes due under this article 22 for the same tax year.

(b) (I) For a resident individual who files a single return, the amount of the credit is equal to:

(A) Thirty percent of the federal child tax credit that the resident individual could have claimed on their federal tax return for each eligible child, if the individual's federal adjusted gross income is twenty-five thousand dollars or less;

(B) Fifteen percent of the federal child tax credit that the resident individual could have claimed on their federal tax return for each eligible child, if the individual's federal adjusted gross income is greater than twenty-five thousand dollars but less than or equal to fifty thousand dollars; and

(C) Five percent of the federal child tax credit that the resident individual could have claimed on their federal tax return for each eligible child, if the individual's federal adjusted gross income is greater than fifty thousand dollars but less than or equal to seventy-five thousand dollars.

(II) A resident individual who files a single return and whose federal adjusted gross income is greater than seventy-five thousand dollars is not allowed a credit under this section.

(c) (I) For two resident individuals who file a joint return, the amount of the credit is equal to:

(A) Thirty percent of the federal child tax credit that the resident individuals could have claimed on their federal tax return for each eligible child, if the individuals' federal adjusted gross income is thirty-five thousand dollars or less;

(B) Fifteen percent of the federal child tax credit that the resident individuals could have claimed on their federal tax return for each eligible child, if the individuals' federal adjusted gross income is greater than thirty-five thousand dollars but less than or equal to sixty thousand dollars; and

(C) Five percent of the federal child tax credit that the resident individuals could have claimed on their federal tax return for each eligible child, if the individuals' federal adjusted gross income is greater than sixty thousand dollars but less than or equal to eighty-five thousand dollars.

(II) Two resident individuals who file a joint return and whose federal adjusted gross income is greater than eighty-five thousand dollars are not allowed a credit under this section.

(4) In any income tax year commencing on or after January 1, 2022, but before January 1, 2024, if the changes specified in section 9611 of the "American Rescue Plan Act of 2021", Pub.L. 117-2, are no longer applicable to the federal child tax credit allowed in section 24 of the internal revenue code, then the amount of the child tax credit allowed in this section is as follows:

(a) (I) For a resident individual who files a single return, the amount of the credit is equal to:

(A) Sixty percent of the federal child tax credit that the resident individual claimed or could have claimed on their federal tax return for each eligible child, if the individual's federal adjusted gross income is twenty-five thousand dollars or less;

(B) Thirty percent of the federal child tax credit that the resident individual claimed or could have claimed on their federal tax return for each eligible child, if the individual's federal adjusted gross income is greater than twenty-five thousand dollars but less than or equal to fifty thousand dollars; and

(C) Ten percent of the federal child tax credit that the resident individual claimed or could have claimed on their federal tax return for each eligible child, if the individual's federal adjusted gross income is greater than fifty thousand dollars but less than or equal to seventy-five thousand dollars.

(II) A resident individual who files a single return and whose federal adjusted gross income is greater than seventy-five thousand dollars is not allowed a credit under this section.

(b) (I) For two resident individuals who file a joint return, the amount of the credit is equal to:

(A) Sixty percent of the federal child tax credit that the resident individuals claimed or could have claimed on their federal tax return for each eligible child, if the individuals' federal adjusted gross income is thirty-five thousand dollars or less;

(B) Thirty percent of the federal child tax credit that the resident individuals claimed or could have claimed on their federal tax return for each eligible child, if the individuals' federal adjusted gross income is greater than thirty-five thousand dollars but less than or equal to sixty thousand dollars; and

(C) Ten percent of the federal child tax credit that the resident individuals claimed or could have claimed on their federal tax return for each eligible child, if the individuals' federal adjusted gross income is greater than sixty thousand dollars but less than or equal to eighty-five thousand dollars.

(II) Two resident individuals who file a joint return and whose federal adjusted gross income is greater than eighty-five thousand dollars are not allowed a credit under this section.

(4.5) (a) (I) For income tax years commencing on or after January 1, 2024, a resident individual who files a single return is allowed a child tax credit against the income taxes due under this article 22 for each eligible child of the taxpayer in the following amounts:

(A) One thousand two hundred dollars if the individual's federal adjusted gross income is twenty-five thousand dollars or less;

(B) Six hundred dollars if the individual's federal adjusted gross income is greater than twenty-five thousand dollars but less than or equal to fifty thousand dollars; and

(C) Two hundred dollars if the individual's federal adjusted gross income is greater than fifty thousand dollars but less than or equal to seventy-five thousand dollars.

(II) For income tax years commencing on or after January 1, 2024, two resident individuals who file a joint return are allowed a child tax credit against the income taxes due under this article 22 for each eligible child of the taxpayer in the following amounts:

(A) One thousand two hundred dollars if the individuals' federal adjusted gross income is thirty-five thousand dollars or less;

(B) Six hundred dollars if the individuals' federal adjusted gross income is greater than thirty-five thousand dollars but less than or equal to sixty thousand dollars; and

(C) Two hundred dollars if the individuals' federal adjusted gross income is greater than sixty thousand dollars but less than or equal to eighty-five thousand dollars.

(b) (I) A resident individual who files a single return and whose federal adjusted gross income is greater than seventy-five thousand dollars is not allowed a credit under this section.

(II) Two resident individuals who file a joint return and whose federal adjusted gross income is greater than eighty-five thousand dollars are not allowed a credit under this section.

(5) The amount of the credit allowed under this section that exceeds the resident individual's income taxes due is refunded to the individual.

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

(7) The credit allowed under this section is not considered to be 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.

(8) (a) For income tax years commencing on or after January 1, 2025, the department of revenue shall adjust the federal adjusted gross income amounts set forth in this section to reflect inflation for each income tax year in which the credit described in this section is allowed if cumulative inflation since the last adjustment, when applied to the current limits, results in an increase of at least one thousand dollars when the adjusted limits are rounded to the nearest one thousand dollars.

(b) As used in this subsection (8), "inflation" means the annual percentage change in the United States department of labor bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.

(9) Subsections (3), (3.5), and (4) of this section and this subsection (9) are repealed, effective December 31, 2026.
C.R.S. § 39-22-508.4 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-508.4
39-22-508.4. Election to defer commencement of credit
Status: repealed

39-22-508.4. Election to defer commencement of credit. (Repealed)
C.R.S. § 39-12-111 — CO Code / Title 39 / Article 12 / Section 39-12-111
39-12-111. Land wrongfully sold - repayment
Status: in_force

39-12-111. Land wrongfully sold - repayment. (1) When, by mistake or error of the treasurer, county clerk and recorder, or assessor or from double assessment, a tax lien has been sold on land upon which no tax was due at the time, the county shall reimburse the purchaser in the amount paid by him in connection with the purchase of the tax lien on such land, together with interest from the date of purchase at the rate which is determined as provided in this section. Reimbursement shall be made from the various funds to which the tax was originally distributed; except that interest shall be paid from the county general fund. The treasurer, county clerk and recorder, or assessor, as the case may be, and his sureties on his official bond shall be liable to the county for such amounts reimbursed as a result of sales made only through willful misconduct.

(2) (a) The annual rate of interest shall be two percentage points above the discount rate, which discount rate shall be the rate of interest a commercial bank pays to the federal reserve bank of Kansas City using a government bond or other eligible paper as security, and shall be rounded to the nearest full percent.

(b) Notwithstanding any other provision of this subsection (2), the rate of interest shall be no lower than eight percent per annum compounded annually.

(3) The commissioner of banking shall establish the annual rate of interest based upon the computation specified in subsection (2) of this section. Such annual rate of interest shall be so established as of September 1, 1981, to become effective October 1, 1981. Thereafter, on September 1 of each year, the annual rate of interest shall be established in the same manner, to become effective on October 1 of the same year.
C.R.S. § 39-11-110 — CO Code / Title 39 / Article 11 / Section 39-11-110
39-11-110. When public auction can be held
Status: in_force

39-11-110. When public auction can be held. If, from any cause, the tax lien on real property cannot be duly advertised and offered for sale at public auction on or before the second Monday of December, it is the duty of the treasurer to hold the public auction on any subsequent day in which it can be held, allowing time for the publication of notice as provided in section 39-11-102.
C.R.S. § 39-5-116 — CO Code / Title 39 / Article 5 / Part 1 / Section 39-5-116
39-5-116. Failure to file schedule - failure to fully and completely disclose
Status: in_force

39-5-116. Failure to file schedule - failure to fully and completely disclose. (1) If any person owning taxable personal property to whom one or more personal property schedules have been mailed, or upon whom the assessor or his deputy has called and left one or more schedules, fails to complete and return the same to the assessor by the April 15 next following, unless by such date such person has requested an extension of filing time as provided for in this section, the assessor shall impose a late filing penalty in the amount of fifty dollars or, if a lesser amount, fifteen percent of the amount of tax due on the valuation for assessment determined for the personal property for which any delinquent schedule or schedules are required to be filed. Any person who is unable to properly complete and file one or more of such schedules by April 15 may request an extension of time for filing, for a period of either ten or twenty days, which request shall be in writing and shall be accompanied by payment of an extension fee in the amount of two dollars per day of extension requested. A single request for extension shall be sufficient to extend the filing date for all such schedules which a person is required to file in a single county. Any person who fails to file one or more schedules by the end of the extension time requested shall be subject to a late filing penalty as though no extension had been requested. Further, if any person fails to complete and file one or more schedules by April 15 or, if an extension is requested, by the end of the requested extension, then the assessor may determine the actual value of such person's taxable personal property on the basis of the best information available to and obtainable by him and shall promptly notify such person or his agent of such valuation. Extension fees and late filing penalties shall be fees of the assessor's office. Penalties, if unpaid, shall be certified to the treasurer for collection with taxes levied upon the person's property.

(2) (a) If any person owning taxable personal property to whom two successive personal property schedules have been mailed or upon whom the assessor or his deputy has called and left one or more schedules fails to make a full and complete disclosure of his personal property for assessment purposes, the assessor, after notifying the person of his failure to make such a full and complete disclosure and allowing such person ten days from the date of notification to comply, shall, upon discovery, determine the actual value of such person's taxable property on the basis of the best information available to and obtainable by him and shall promptly notify such person or his agent of such valuation. The assessor shall impose a penalty in an amount of up to twenty-five percent of the valuation for assessment determined for the omitted personal property. Penalties, if unpaid, shall be certified to the treasurer for collection with taxes levied upon the person's personal property. A person fails to make a full and complete disclosure of his personal property pursuant to this paragraph (a) if he includes in a filed schedule any information concerning his property which is false, erroneous, or misleading or fails to include in a schedule any taxable property owned by him.

(b) Any person who makes full and complete disclosure on the first personal property schedules issued to him on or after August 1, 1987, shall not be assessed a penalty for property previously omitted from the assessment rolls under this article.

(c) Any person subject to paragraph (a) of this subsection (2) shall have the right to pursue the administrative remedies available to taxpayers under this title, dependent upon the basis of his claim.
C.R.S. § 39-3-106 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-106
39-3-106. Property - religious purposes - exemption - legislative declaration
Status: in_force

39-3-106. Property - religious purposes - exemption - legislative declaration. (1) Property, real and personal, which is owned and used solely and exclusively for religious purposes and not for private gain or corporate profit shall be exempt from the levy and collection of property tax.

(2) In order to guide members of the public and public officials alike in the making of their day-to-day decisions, to provide for a consistent application of the laws, and to assist in the avoidance of litigation, the general assembly hereby finds and declares that religious worship has different meanings to different religious organizations; that the constitutional guarantees regarding establishment of religion and the free exercise of religion prevent public officials from inquiring as to whether particular activities of religious organizations constitute religious worship; that many activities of religious organizations are in the furtherance of the religious purposes of such organizations; that such religious activities are an integral part of the religious worship of religious organizations; and that activities of religious organizations which are in furtherance of their religious purposes constitute religious worship for purposes of section 5 of article X of the Colorado constitution. This legislative finding and declaration shall be entitled to great weight in any and every court.

(3) For the purpose of claiming an exemption pursuant to this section, property that is owned and used by a charitable trust that is exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, shall be treated the same as property that is owned and used by any other type of nonprofit organization.
C.R.S. § 39-3.5-116 — CO Code / Title 39 / Article 3.5 / Section 39-3.5-116
39-3.5-116. Deed or contract clauses preventing application for deferral prohibited - clause
Status: repealed

39-3.5-116. Deed or contract clauses preventing application for deferral prohibited - clauses void. (Repealed)
C.R.S. § 39-22-107 — CO Code / Title 39 / Article 22 / Part 1 / Section 39-22-107
39-22-107. Income tax filing status
Status: repealed

39-22-107. Income tax filing status. (1) If the federal taxable income of two taxpayers may legally be determined on a joint federal return but actually is determined on separate federal returns, such income for purposes of the Colorado income tax shall be separately determined.

(2) If the federal taxable income of two taxpayers is determined on a joint federal return, their tax shall be determined on their joint federal taxable income.

(3) Repealed.
C.R.S. § 39-22-560 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-560
39-22-560. Tax credit for certification of aircraft to use unleaded aviation gasoline - tax
Status: repealed

39-22-560. Tax credit for certification of aircraft to use unleaded aviation gasoline - tax preference performance statement - review - 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, specifically the modification of aircraft that are powered by leaded aviation gasoline so that such aircraft can be certified to be powered by unleaded aviation gasoline and no longer use leaded aviation gasoline.

(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 of credits claimed.

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

(a) "Aircraft" has the same meaning as set forth in section 43-10-102 (1).

(b) "Aviation gasoline" means gasoline-based fuel that is used to power an aircraft.

(c) "Leaded aviation gasoline" means any aviation fuel containing tetraethyl lead additives.

(d) "Qualifying aircraft" means an aircraft that has been powered by leaded aviation gasoline and for which a supplemental type certificate or any other authorization that approves the completed modification of the aircraft to be powered by unleaded aviation gasoline has been issued.

(e) "Qualifying expenses" means any actual out-of-pocket expenses incurred and paid by a qualifying taxpayer for the purpose of modifying an aircraft registered with the federal aviation administration in this state so that it is a qualifying aircraft.

(f) "Qualifying taxpayer" means a person subject to tax under this article 22 who is the owner of an aircraft as indicated on the aircraft registry maintained by the federal aviation administration.

(g) "Supplemental type certificate" means a type certificate issued by the federal aviation administration to an applicant that has modified an aeronautical product from its original design with federal aviation administration approval.

(h) "Unleaded aviation gasoline" means aviation gasoline that does not include lead.

(3) For any income tax year commencing on or after January 1, 2025, but before January 1, 2030, a qualifying taxpayer who incurs qualifying expenses is allowed a credit against the income taxes imposed by this article 22 in the tax year in which the qualifying aircraft is registered by the federal aviation administration in this state in an amount equal to fifty percent of all qualifying expenses incurred; except that the maximum amount of the credit that may be claimed for qualifying expenses incurred in modifying any one aircraft is five hundred dollars.

(4) If the amount of a credit authorized by this section exceeds the amount of income taxes otherwise due on the income of the qualifying taxpayer claiming the credit 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 not be carried forward and must be refunded to the qualifying taxpayer.

(5) This section is repealed, effective December 31, 2039.
C.R.S. § 39-22-116 — CO Code / Title 39 / Article 22 / Part 1 / Section 39-22-116
39-22-116. Tax tables for individuals
Status: repealed

39-22-116. Tax tables for individuals. (1) In lieu of the tax imposed by section 39-22-104, there is hereby imposed for each taxable year on the federal taxable income of every individual for Colorado income tax purposes who does not itemize his deductions for the taxable year and whose federal taxable income for Colorado income tax purposes for such taxable year does not exceed the ceiling amount a tax determined under tables applicable to such taxable year, which shall be prescribed by the executive director and which shall be in such form as he deems appropriate. In the tables so prescribed, the amount of the tax shall be computed on the basis of the rate prescribed by section 39-22-104.

(2) For purposes of subsection (1) of this section, "ceiling amount" means, with respect to any taxpayer, the amount, not less than twenty thousand dollars, determined by the executive director for the tax rate category in which such taxpayer falls.

(3) Repealed.

(4) For purposes of this article, the tax imposed by this section shall be treated as the tax imposed by section 39-22-104.

(5) Whenever it is necessary to determine the federal taxable income of an individual for Colorado income tax purposes to whom this section applies, the federal taxable income for Colorado income tax purposes shall be determined under section 39-22-104.

(6) The executive director may provide that this section shall apply for any taxable year to individuals who itemize their deductions.
C.R.S. § 39-5-122.1 — CO Code / Title 39 / Article 5 / Part 1 / Section 39-5-122.1
39-5-122.1. Appeal from illegal increase in valuation of property resulting from order of st
Status: repealed

39-5-122.1. Appeal from illegal increase in valuation of property resulting from order of state board. (Repealed)
C.R.S. § 39-27-119 — CO Code / Title 39 / Article 27 / Part 1 / Section 39-27-119
39-27-119. Not applicable to interstate commerce
Status: in_force

39-27-119. Not applicable to interstate commerce. No provision of this part 1 shall apply or be construed to apply to interstate commerce.
C.R.S. § 39-6-111 — CO Code / Title 39 / Article 6 / Section 39-6-111
39-6-111. Valuation of mines other than producing mines
Status: in_force

39-6-111. Valuation of mines other than producing mines. (1) Mines excepted from the provisions of section 39-6-104 shall be valued for assessment in the same manner as other real property.

(2) All mines which are classified as nonproducing mines shall be valued for assessment in the same manner as other real property.

(3) Such valuation shall be determined under this section by the assessing officer only upon preponderant evidence shown by such officer that the cost approach, market approach, and income approach result in uniform and just and equal valuation.
C.R.S. § 39-24-111 — CO Code / Title 39 / Article 24 / Section 39-24-111
39-24-111. Penalties for nonpayment
Status: in_force

39-24-111. Penalties for nonpayment. If it is determined by the board that the decedent died domiciled in this state, interest or penalties, if otherwise imposed by law for nonpayment of inheritance taxes between the date of the agreement and of filing of the determination of the board as to domicile, shall not exceed ten percent per annum.
C.R.S. § 39-36-103 — CO Code / Title 39 / Article 36 / Section 39-36-103
39-36-103. Definitions
Status: in_force

39-36-103. Definitions. As used in this article 36, unless the context otherwise requires:

(1) "Certification" means the written tax credit certificate documenting a taxpayer's income tax credit claim pursuant to section 39-30-104, 39-30-105.1, or 39-30-105.5 and the estimated value of each credit certified by the CHIPS zone administrator, for which the taxpayer received precertification in accordance with section 39-36-104 (5)(b).

(2) "CHIPS Act" means the federal "Creating Helpful Incentives to Produce Semiconductors and Science Act of 2022", Pub.L. 117-167, as amended.

(3) "CHIPS zone" means a semiconductor manufacturing zone approved by the commission pursuant to section 39-36-104 (2)(a).

(4) "Commission" means the Colorado economic development commission created in section 24-46-102 (1).

(5) "Department" means the Colorado department of revenue.

(6) "Director" means the director of the office.

(7) "Office" means the Colorado office of economic development created in section 24-48.5-101.

(8) "Precertification" means the written precertification of a taxpayer's proposed project and any related income tax credit claims pursuant to section 39-30-104, 39-30-105.1, or 39-30-105.5, by the CHIPS zone administrator in reliance on the taxpayer's representations pursuant to section 39-36-104 (5)(a).

(9) "Refund certificate" has the same meaning as set forth in section 24-46-108 (1)(i).

(10) "Semiconductor manufacturing" has the same meaning as set forth in section 24-46-108 (1)(j).

(11) "Taxpayer" means a person engaged in semiconductor manufacturing that is subject to tax under article 22 of this title 39.
C.R.S. § 39-6-105 — CO Code / Title 39 / Article 6 / Section 39-6-105
39-6-105. Producing mines defined
Status: in_force

39-6-105. Producing mines defined. All mines whose gross proceeds during the preceding calendar year have exceeded the amount of five thousand dollars shall be classified as producing mines, and all others shall be classified as nonproducing mines. Mines shall be classified in the manner provided for in this article regardless of the processing method, the ultimate use, or the consumption of the ores or minerals for which they are primarily worked or operated.
C.R.S. § 39-27-118 — CO Code / Title 39 / Article 27 / Part 1 / Section 39-27-118
39-27-118. Exchange of information
Status: repealed

39-27-118. Exchange of information. (Repealed)