C.R.S. § 39-3-119.5 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-119.5
39-3-119.5. Personal property - exemption - reimbursement to local governments - legislative
Status: in_force

39-3-119.5. Personal property - exemption - reimbursement to local governments - legislative declaration - definitions. (1) For property tax years commencing on and after January 1, 1997, personal property not otherwise exempt from property tax shall be exempt from the levy and collection of property tax if the personal property would otherwise be listed on a single personal property schedule and the actual value of such personal property is less than or equal to the amount set forth in subsection (2) of this section.

(2) (a) The exemption created in subsection (1) of this section shall be up to and including the following amounts:

(I) Two thousand five hundred dollars for property tax years commencing prior to January 1, 2009;

(II) Four thousand dollars for property tax years commencing on January 1, 2009, and January 1, 2010;

(III) Five thousand five hundred dollars for property tax years commencing on January 1, 2011, and January 1, 2012;

(IV) Seven thousand dollars for property tax years commencing on January 1, 2013, and January 1, 2014;

(V) Seven thousand three hundred dollars for property tax years commencing on January 1, 2015, and January 1, 2016;

(VI) Seven thousand four hundred dollars for property tax years commencing on January 1, 2017, and January 1, 2018;

(VII) Seven thousand seven hundred dollars for property tax years commencing on January 1, 2019, and January 1, 2020; and

(VIII) Fifty thousand dollars for property tax years commencing on January 1, 2021, and January 1, 2022.

(b) (I) (A) Beginning with the property tax year commencing on January 1, 2023, the amount of the exemption created in subsection (1) of this section shall be adjusted biennially to account for inflation since the amount of the exemption last changed pursuant to this subsection (2). On or before November 1, 2022, and each even-numbered year thereafter, the administrator shall calculate the amount of the exemption for the next two-year cycle using inflation for the prior two calendar years as of the date of the calculation. The adjusted exemption shall be rounded upward to the nearest one hundred dollar increment. The administrator shall certify the amount of the exemption for the next two-year cycle and publish the amount on the website maintained by the division of property taxation in the department of local affairs.

(B) When calculating the exemption amount under subsection (2)(b)(I)(A) of this section, the administrator shall do another calculation in the same manner but starting from seven thousand nine hundred dollars instead of fifty thousand dollars. This amount is the alternative exemption amount.

(C) If, under subsection (3)(f) of this section, the state treasurer notifies the administrator that not all counties have received reimbursement warrants for lost property tax revenue for the amounts specified in subsection (3)(d) of this section, then beginning with the property tax year commencing on January 1 that follows the notification, and for all property tax years thereafter, the amount of the exemption in subsection (1) of this section is the alternative exemption amount. Thereafter, the alternative exemption is adjusted biennially to account for inflation in the same manner as set forth in subsection (2)(b)(I)(A) of this section, and the administrator shall certify the amount of the exemption for the next two-year cycle and publish the amount on the website maintained by the division of property taxation in the department of local affairs.

(II) As used in subsection (2)(b)(I) of this section, "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 and all urban consumers, or its applicable predecessor or successor index.

(3) (a) (I) For the property tax year commencing on January 1, 2021, each assessor shall calculate the aggregate value of exempt business personal property within the county based on the property that is listed on schedules for the property tax year with a total value that is more than seven thousand nine hundred dollars and less than or equal to fifty thousand dollars.

(II) For the property tax year commencing on January 1, 2021, each treasurer shall calculate the total property tax revenues lost by all local governmental entities within the treasurer's county based on the exempt business personal property amount calculated in accordance with subsection (3)(a)(I) of this section.

(b) No later than February 1, 2022, and each February 1 thereafter, the administrator shall calculate the percentage increase or decrease in total valuation of business personal property in the state over the prior two property tax years. The administrator shall publish the percentage increase or decrease on the website maintained by the division of property taxation in the department of local affairs.

(c) (I) For the property tax years commencing on January 1, 2022, and each year thereafter, each assessor shall calculate an estimate of the aggregate value of exempt business personal property for the county and each local governmental entity located within the county that is equal to the applicable baseline exemption total adjusted by the growth factor for each property tax year commencing on and after January 1, 2022.

(II) For the property tax years commencing on January 1, 2022, and each year thereafter, each treasurer shall calculate the total property tax revenues lost by all local governmental entities within the treasurer's county based on the estimate of exempt business personal property amount calculated in accordance with subsection (3)(c)(I) of this section.

(III) As used in this subsection (3)(c), unless the context otherwise requires:

(A) "Baseline exemption total" means the aggregate value of the exempt business personal property calculated in accordance with subsection (3)(a)(I) of this section for a county or a local governmental entity located within the county as of January 1, 2021.

(B) "Growth factor" means the percentage increase or decrease that the administrator publishes for a property tax year in accordance with subsection (3)(b) of this section.

(d) No later than March 1, 2022, and each March 1 thereafter, each treasurer shall report the amount specified in subsection (3)(a)(II) or (3)(c)(II) of this section, as applicable, and the basis for the amount to the administrator, and the administrator may require a treasurer to provide additional information as necessary to evaluate the amount reported. The administrator shall confirm that the reported amount is correct or rectify the amount, if necessary. The administrator shall then forward the correct amount for each county to the state treasurer to enable the state treasurer to issue a reimbursement warrant to each treasurer in accordance with subsection (3)(e) of this section.

(e) No later than April 15, 2022, and April 15 of each year thereafter, the state treasurer shall issue a warrant to be paid upon demand from the general fund to each treasurer that is equal to the amount specified by the administrator for the county under subsection (3)(d) of this section. Each treasurer shall distribute the total amount received from the state treasurer to the local governmental entities within the treasurer's county as if the revenues had been regularly paid as property tax. When distributing the money, the treasurer shall provide each local governmental entity with a statement of the amount distributed to the local governmental entity that represents the reimbursement received under this subsection (3)(e).

(f) No later than May 1, 2022, and May 1 of each year thereafter, the state treasurer shall notify the administrator whether all counties have received a reimbursement warrant for lost property tax revenue for the amounts specified in subsection (3)(d) of this section.

(g) This subsection (3) does not apply if the amount of the exemption created in subsection (1) of this section is the alternative exemption amount as required by subsection (2)(b)(I)(C) of this section.
C.R.S. § 39-3-203 — CO Code / Title 39 / Article 3 / Part 2 / Section 39-3-203
39-3-203. Property tax exemption - qualifications
Status: in_force

39-3-203. Property tax exemption - qualifications. (1) For the property tax year commencing January 1, 2002, for property tax years commencing on or after January 1, 2006, but before January 1, 2009, and for property tax years commencing on or after January 1, 2012, fifty percent of the first two hundred thousand dollars of actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of the owner-occupier shall be exempt from taxation, and for property tax years commencing on or after January 1, 2003, but before January 1, 2006, and on or after January 1, 2009, but before January 1, 2012, fifty percent of zero dollars of actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of the owner-occupier shall be exempt from taxation if:

(a) (I) The owner-occupier is sixty-five years of age or older as of the assessment date and has owned and occupied such residential real property as his or her primary residence for the ten years preceding the assessment date; or

(II) The owner-occupier is the surviving spouse of an owner-occupier who previously qualified for a property tax exemption for the same residential real property under subparagraph (I) of this paragraph (a); and

(b) The owner-occupier has completed and filed an exemption application in the manner required by section 39-3-205 and the circumstances that qualify the property for the exemption have not changed since the filing of the application. Under no circumstances shall an exemption be allowed for property taxes assessed during any property tax year prior to the year in which an owner-occupier first files an exemption application.

(1.5) (a) For property tax years commencing on or after January 1, 2007, fifty percent of the first two hundred thousand dollars of actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of an owner-occupier who is a qualifying veteran with a disability shall be exempt from taxation if:

(I) The owner-occupier has completed and filed an exemption application in the manner required by section 39-3-205; and

(II) The circumstances that qualify the property for the exemption have not changed since the filing of the application.

(a.5) For property tax years commencing on or after January 1, 2015, fifty percent of the first two hundred thousand dollars of actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of an owner-occupier who is the surviving spouse of a qualifying veteran with a disability who previously received an exemption under subsection (1.5)(a) of this section is exempt from taxation.

(b) Under no circumstances shall an exemption be allowed for property taxes assessed during any property tax year prior to the year for which an owner-occupier first files an exemption application.

(2) Notwithstanding the provisions of paragraph (a) of subsection (1) and subsection (1.5) of this section, if ownership of residential real property that qualified for an exemption as of the assessment date changes after the assessment date, an exemption shall be allowed only if an owner-occupier whose status as an owner-occupier qualified the property for the exemption has filed an exemption application by the deadline for filing exemption applications specified in section 39-3-205 (1).

(3) An individual who owns and occupies a dwelling unit in a common interest community, as defined in section 38-33.3-103 (8), C.R.S., as his or her primary residence, or who owns residential real property consisting of multiple-dwelling units and occupies one of the dwelling units as his or her primary residence, shall be allowed an exemption only with respect to the dwelling unit that the individual occupies as his or her primary residence.

(4) No more than one exemption per property tax year shall be allowed for a single dwelling unit of residential real property, regardless of how many owner-occupiers use the dwelling unit as their primary residence or whether one or more owner-occupiers qualify for exemptions under both subsections (1) and (1.5) of this section. The full amount of the exemption allowed by subsection (1) or (1.5) of this section shall be allowed with respect to any single dwelling unit of residential real property so long as any owner-occupier of the dwelling unit satisfies the requirements of subsection (1) or (1.5) of this section, and the fact that any other person who does not satisfy said requirements is also an owner of record of the dwelling unit shall not affect the amount of the exemption.

(5) For purposes of this part 2, two individuals who are legally married, but who own more than one piece of residential real property, shall be deemed to occupy the same primary residence and may claim no more than one exemption.

(6) (a) Notwithstanding the ten-year occupancy requirement set forth in subparagraph (I) of paragraph (a) of subsection (1) of this section, an owner-occupier who has not actually owned and occupied residential real property for which the owner-occupier has claimed an exemption under said subsection (1) for the ten years preceding the assessment date shall be deemed to have met the ten-year requirement and shall be allowed an exemption under said subsection (1) with respect to the property if:

(I) The owner-occupier would have qualified for the exemption with respect to other residential real property that the owner-occupier owned and occupied as his or her primary residence before moving to the residential real property for which an exemption is claimed but for the fact that the other property was condemned by a governmental entity through an eminent domain proceeding; or

(I.5) For property tax years commencing on or after January 1, 2015, the owner-occupier would have qualified for the exemption with respect to other residential real property that the owner-occupier owned and occupied as his or her primary residence before moving to the residential real property for which an exemption is claimed but for the fact that a natural disaster destroyed the former primary residence or otherwise rendered it uninhabitable; and

(II) The owner-occupier has not owned and occupied residential property as his or her primary residence other than the residential real property for which an exemption is claimed since the condemnation occurred.

(b) An owner-occupier who claims an exemption with respect to residential real property that he or she has not actually owned and occupied as his or her primary residence for the ten years preceding the assessment date as permitted by paragraph (a) of this subsection (6) shall provide to the assessor with whom the owner-occupier files the exemption application any information that the assessor may reasonably require to verify that the owner-occupier is entitled to an exemption.
C.R.S. § 39-29-110 — CO Code / Title 39 / Article 29 / Section 39-29-110
39-29-110. Local government severance tax fund - creation - administration - definitions -
Status: repealed

39-29-110. Local government severance tax fund - creation - administration - definitions - repeal. (1) (a) (I) There is created in the department of local affairs a local government severance tax fund. In accordance with section 39-29-108, portions of the state severance tax receipts must be credited to the local government severance tax fund. All income derived from the deposit and investment of the money in the local government severance tax fund must be credited to the local government severance tax fund.

(II) Repealed.

(III) The executive director of the department of local affairs shall distribute any moneys and make loans from such fund in accordance with the purposes and priorities provided in paragraph (b) of this subsection (1).

(b) (I) Seventy percent of the funds from the local government severance tax fund shall be distributed to those political subdivisions socially or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels subject to taxation under this article and used for the planning, construction, and maintenance of public facilities and for the provision of public services. Such funds shall also be distributed to political subdivisions to compensate them for loss of property tax revenue resulting from the deduction of severance taxes paid in the determination of the valuation for assessment of producing mines. The executive director of the department of local affairs shall consider the economic needs of a political subdivision for purposes of making distributions pursuant to this subparagraph (I).

(II) (A) In addition to the distribution of moneys authorized under subparagraph (I) of this paragraph (b), the executive director may distribute moneys or make loans, or any combination thereof, to such political subdivisions for the planning, design, construction, erection, building, acquisition, alteration, modernization, reconstruction, improvement, or expansion of domestic wastewater treatment works or potable water treatment facilities. Any loan made by the executive director under the authority of this section shall only be made under such terms as will insure repayment of the loan with interest assessed and collected at an interest rate of not less than five percent.

(B) As used in this subparagraph (II), "domestic wastewater treatment works" means a system or facility of a political subdivision for treating, neutralizing, stabilizing, collecting, or disposing of domestic wastewater, which system or facility has a designed capacity to receive more than two thousand gallons of domestic wastewater per day, and "domestic wastewater treatment works" includes appurtenances to such system or facility, such as outfall sewers, pumping stations, and collection and interceptor lines, and the equipment related to such appurtenances.

(C) As used in this subparagraph (II), "potable water treatment facilities" means a system or facility of a political subdivision for treating water to be supplied to the public for domestic use, and "potable water treatment facilities" includes water treatment plants, treated water storage facilities, water mains, water distribution lines, pumps, and appurtenances.

(III) In addition to the distribution of moneys authorized under subparagraphs (I) and (II) of this paragraph (b), the executive director shall distribute:

(A) Moneys to the uranium mill tailings remedial action program fund in accordance with the provisions of section 39-29-116 (3);

(B) Moneys to the department of public health and environment for any direct and indirect costs associated with the monitoring, notification, and handling of designated uranium mill tailings that are authorized in section 25-11-303, C.R.S., and the amount of the distribution made pursuant to this sub-subparagraph (B) shall be equal to the amount appropriated to the department of public health and environment by the general assembly for such direct and indirect costs; and

(C) Up to fifty thousand dollars each state fiscal year to political subdivisions that include mill sites designated for cleanup pursuant to federal Public Law 95-604 for reimbursement of actual, documented costs related to the cleanup of uranium mill tailings.

(IV) In addition to the distribution of moneys authorized under subparagraphs (I), (II), and (III) of this paragraph (b), the executive director may distribute moneys to those privately organized volunteer fire departments serving areas socially or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels subject to taxation under this article, for the purpose of purchasing equipment to fight fires.

(V) In addition to the distribution of moneys authorized under subparagraphs (I), (II), (III), and (IV) of this paragraph (b), the executive director of the department of local affairs may distribute moneys for planning, analyses, public engagement, and coordination and collaboration with federal land managers and stakeholders, or for similar or related local government processes needed by local governments for engagement in federal land management decision-making.

(c) (I) For state fiscal years commencing prior to July 1, 2008, an amount equal to thirty percent of said gross receipts credited to the local government severance tax fund shall be distributed to counties or municipalities on the basis of the proportion of employees of the mine or related facility or crude oil, natural gas, or oil and gas operation who reside in any such county's unincorporated area or in any such municipality to the total number of employees of the mine or related facility or crude oil, natural gas, or oil and gas operation. Such distribution shall be made on the basis of the report required in paragraph (d) of this subsection (1). For state fiscal years commencing on or after July 1, 2008, thirty percent of said gross receipts credited to the local government severance tax fund shall be allocated to counties based upon the following factors:

(A) On the basis of the report required in paragraph (d) of this subsection (1), the proportion of employees of mines or related facilities or crude oil, natural gas, or oil and gas operations who reside in a county to the total number of employees of mines or related facilities or crude oil, natural gas, or oil and gas operations who reside in the state;

(B) The proportion of the mine and well permits issued in a county to the total number of such permits issued in the state; and

(C) The proportion of the overall quantity of mineral production within a county to the total overall quantity of production within the state.

(II) (A) For the state fiscal year commencing on July 1, 2008, the factor set forth in sub-subparagraph (A) of subparagraph (I) of this paragraph (c) shall be weighted fifty percent and the factors set forth in sub-subparagraphs (B) and (C) of subparagraph (I) of this paragraph (c) shall be weighted twenty-five percent each.

(B) For state fiscal years commencing on or after July 1, 2009, each of the three factors set forth in subparagraph (I) of this paragraph (c) shall be weighted thirty percent, and the executive director of the department of local affairs, in consultation with the energy impact assistance advisory committee established pursuant to section 34-63-102 (5)(b)(I), C.R.S., shall establish guidelines that set forth the factor or factors under which the remaining ten percent shall be weighted.

(III) Except as otherwise set forth in subparagraph (IV) of this paragraph (c), the moneys allocated to each county pursuant to this paragraph (c) shall be further distributed to the county and to each municipality within the county based upon the following factors:

(A) The proportion of employees reported as residents under paragraph (d) of this subsection (1) in any such county's unincorporated area or in any such municipality within the county to the total number of employees reported as residents in the county as a whole under paragraph (d) of this subsection (1);

(B) The proportion of the population in any such county's unincorporated area or in any such municipality within the county to the total population in the county, as such population is reported in the most recently published population estimate from the state demographer appointed by the executive director of the department of local affairs; and

(C) The proportion of road miles in any such county's unincorporated area or in any such municipality within the county to the total road miles in the county, as such miles are certified by the department of transportation to the state treasurer pursuant to sections 43-4-207 (2)(d) and 43-4-208 (3), C.R.S.

(IV) With respect to the distribution made pursuant to subparagraph (III) of this paragraph (c), the executive director of the department of local affairs, in consultation with the energy impact assistance advisory committee established pursuant to section 34-63-102 (5)(b)(I), C.R.S., shall establish guidelines that set forth the weight that each of the factors in sub-subparagraphs (A) to (C) of subparagraph (III) of this paragraph (c) shall be given. These guidelines shall apply uniformly across the state; except that the executive director may:

(A) Accept a memorandum of understanding from a county and all municipalities contained therein that establishes an alternative distribution that shall be effective within such county; and

(B) After consultation with the energy impact assistance advisory committee established pursuant to section 34-63-102 (5)(b)(I), C.R.S., vary the weight that each of the factors in sub-subparagraphs (A) to (C) of subparagraph (III) of this paragraph (c) receives in an individual county, in order to more fairly distribute the gross receipts among the county and all municipalities contained therein.

(V) Moneys distributed from the local government severance tax fund pursuant to this paragraph (c) shall be distributed no later than August 31 of each year. Counties and municipalities shall utilize revenues received under this subsection (1) only for the purposes of capital expenses and general operating expenses.

(VI) On or before January 1, 2010, and every second January 1 thereafter, the executive director of the department of local affairs shall submit to each member of the general assembly a report that evaluates the effectiveness of the allocation and distribution of moneys pursuant to this paragraph (c) to counties and municipalities impacted by the development, processing, or energy conversion of minerals and mineral fuels subject to taxation under this article, and, if appropriate, that proposes changes to the allocation and distribution. The provisions of section 24-1-136 (11)(a)(I), C.R.S., shall not apply to the report.

(c.5) (Deleted by amendment, L. 2008, p. 1680, § 6, effective August 5, 2008.)

(d) (I) (A) Ninety days prior to the end of each fiscal year, for each taxable year to which this sub-subparagraph (A) applies, the executive director of the department of revenue shall send every producer who is subject to the severance tax and whose payment is subject to the distribution formula provided in this subsection (1) a form on which the producer shall submit a report to the department of revenue indicating the following: The name and address of the producer, the name of the mine, related facility, or operation, the names of the municipalities or counties in which its employees maintain their actual residences as given by the employees, giving the number of employees for each such municipality or unincorporated area of each such county, and the total number of employees of the mine or related facility or crude oil, natural gas, or oil and gas operation. The producer may use and submit any other report form in lieu of the state form sent by the executive director of the department of revenue that contains the same information as prescribed in the state form. The report shall be due April 30 of each year. The executive director of the department of revenue shall submit a copy of the report required by this paragraph (d) to the executive director of the department of local affairs. In the case of failure of any producer to submit the report on or before the date required by this paragraph (d) to the department of revenue, a written notice shall be sent to the producer by the department of revenue by first-class mail as set forth in section 39-21-105.5 stating that the producer has failed to submit a copy of the report required by this paragraph (d) and informing the producer of the penalty provision contained in this paragraph (d). If the producer fails within forty-five days after receipt of the written notice to submit the required report, there shall be levied and collected a penalty for the failure in the amount of fifty dollars for each day, or portion thereof, during which the failure continues. Any moneys and interest collected under this paragraph (d) shall be added to the fifteen percent of gross receipts from the local government severance tax fund and distributed to counties or municipalities in the manner prescribed by paragraph (c) of this subsection (1). Moneys distributed from the local government severance tax fund pursuant to paragraph (c) of this subsection (1) shall be distributed no later than August 31 of each year. Any producer not liable for severance tax under this section shall not be required to submit a report under this subsection (1). This sub-subparagraph (A) shall apply to any report for a taxable year commencing prior to January 1, 2008.

(B) Every party that registers exempt production with the department of revenue, withholds income pursuant to section 39-29-111 (1), or files a declaration pursuant to section 39-29-104 (2) or 39-29-112 (2) shall submit a report to the department of local affairs in a format specified by the executive director of the department indicating the following: The name and address of the party; the name of the mine, related facility, or operation; the names of the municipalities or counties in which the party's employees maintain their actual residences as given by the employees, giving the number of the employees for each such municipality or unincorporated area of each such county; and the total number of the employees of the mine or related facility or crude oil, natural gas, or oil and gas operation. The report shall be due April 30 of each year. This sub-subparagraph (B) shall apply to any report for a taxable year commencing on or after January 1, 2008.

(II) (A) (Deleted by amendment, L. 2008, p. 1680, § 6, effective August 5, 2008.)

(B) For purposes of this paragraph (d), an "employee of a crude oil, natural gas, or oil and gas operation" means any individual who is employed and compensated for at least five hundred hours of work in any six months during the calendar year preceding the due date of the report by a producer, interest owner, or party who contracts with a producer or interest owner for the purposes of extracting such crude oil, natural gas, or oil and gas out of the ground and at point of first sale.

(C) In the case of failure of any party to submit the report required pursuant to sub-subparagraph (B) of subparagraph (I) of this paragraph (d) on or before the required date to the department of local affairs, a written notice shall be sent to the party by the department by first-class mail stating that the party has failed to submit a copy of the report required by sub-subparagraph (B) of subparagraph (I) of this paragraph (d) and informing the party of the penalty provision contained in this sub-subparagraph (C). If the party fails within forty-five days after receipt of the written notice to submit the required report, there shall be levied and collected a penalty for the failure in the amount of fifty dollars for each day, or portion thereof, during which the failure continues. Any moneys and interest collected under this sub-subparagraph (C) shall be added to the thirty percent of gross receipts from the local government severance tax fund distributed to counties or municipalities in the manner prescribed by paragraph (c) of this subsection (1). The notice required pursuant to this sub-subparagraph (C) shall be sent in accordance with the provisions of section 39-21-105.5, and the provisions of that section shall otherwise apply to the notice.

(e) and (f) (Deleted by amendment, L. 2008, p. 1680, § 6, effective August 5, 2008.)

(2) Repealed.

(2.5) In accordance with the provisions of section 34-63-102 (5)(b)(VI), the energy impact assistance advisory committee established pursuant to said section shall make recommendations to the executive director of the department of local affairs regarding the distribution of money authorized pursuant to this section.

(3) Notwithstanding section 24-1-136 (11)(a)(I), the executive director of the department of local affairs shall deliver to the state auditor and file with the general assembly annually before February 1 a detailed report accounting for the distribution of all funds for the previous year. The energy impact assistance advisory committee shall review the report prior to it being delivered and filed.

(4) Repealed.

(5) Notwithstanding any provision of this section to the contrary, on June 1, 2009, the state treasurer shall deduct seven million five hundred thousand dollars from the local government severance tax fund and transfer such sum to the general fund.

(6) Notwithstanding any provision of this section to the contrary, on April 15, 2010, the state treasurer shall deduct fifty million three hundred twenty-seven thousand seven hundred ninety-six dollars from the local government severance tax fund and transfer such sum to the general fund.

(7) Notwithstanding any provision of this section to the contrary:

(a) On June 30, 2011, the state treasurer shall deduct seventy million dollars from the local government severance tax fund and transfer such sum to the general fund.

(b) Due to the transfer made pursuant to paragraph (a) of this subsection (7), for the state fiscal year commencing on July 1, 2010, the amount of the gross receipts credited to the local government severance tax fund that are distributed pursuant to paragraph (b) of subsection (1) of this section shall be decreased by three million dollars and the amount of gross receipts that are distributed pursuant to paragraph (c) of subsection (1) of this section shall be increased by three million dollars.

(c) On June 30, 2012, the state treasurer shall deduct forty-one million dollars from the local government severance tax fund and transfer such sum to the general fund.

(d) On June 30, 2018, the state treasurer shall transfer twenty-two million eight hundred fifty thousand dollars from the local government severance tax fund to the general fund.

(e) On July 1, 2024, the state treasurer shall transfer twenty-five million dollars from the local government severance tax fund to the general fund.

(8) Notwithstanding any provision of this section to the contrary, an amount equal to forty-eight million three hundred thousand dollars in the local government severance tax fund that would otherwise be distributed under paragraph (b) of subsection (1) of this section is restricted from being used for any purpose whatsoever, until such time that the joint budget committee, by a majority vote, releases the restriction on some or all of the money. It is the general assembly's intent that the restriction of money in the fund shall not affect the distributions made under paragraph (c) of subsection (1) of this section.

(9) (a) In addition to the severance tax receipts credited to the local government severance tax fund that are distributed as specified in subsections (1)(b) and (1)(c) of this section, on June 14, 2021, if possible, or as soon as possible thereafter, the state treasurer shall transfer five million dollars from the general fund to the local government severance tax fund. The executive director of the department of local affairs shall award the money by August 15, 2021, or as soon as possible thereafter to provide grants for renewable and clean energy implementation projects that meet the department's eligibility criteria for funding under the department's renewable and clean energy initiative program and is specifically encouraged to prioritize communities in which renewable and clean energy infrastructure is sparse and consider geographical diversity when making grants. The department of local affairs shall report to the general assembly regarding the grants provided pursuant to this subsection (9) during its 2022 departmental presentation to legislative committees of reference required by section 2-7-203.

(b) This subsection (9) is repealed, effective July 1, 2025.
C.R.S. § 39-22-602 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-602
39-22-602. Failure to make return - director may make
Status: in_force

39-22-602. Failure to make return - director may make. (1) If any person fails or refuses to make any return required by this article, the executive director may make such return for such person from such information as may be available, and any assessment based on such return made by the executive director shall be as good and sufficient as if such return had been made and filed by the person liable therefor.

(2) If the executive director finds that any nonresident whose name and address were furnished by a county assessor pursuant to section 39-5-102 (3) has not made a return as required by this article, the executive director shall mail notice by first-class mail as set forth in section 39-21-105.5 to the nonresident setting a time within which the return shall be made and may thereafter proceed pursuant to subsection (1) of this section, as necessary.
C.R.S. § 39-28.8-203 — CO Code / Title 39 / Article 28.8 / Part 2 / Section 39-28.8-203
39-28.8-203. Disposition of collections - definitions
Status: repealed

39-28.8-203. Disposition of collections - definitions. (1) The proceeds of all money collected from the retail marijuana sales tax are initially credited to the old age pension fund created in section 1 of article XXIV of the state constitution in accordance with paragraphs (a) and (f) of section 2 of article XXIV of the state constitution and thereafter are transferred to the general fund in accordance with section 7 of article XXIV of the state constitution. For each fiscal year in which a tax is collected pursuant to this part 2, an amount shall be appropriated or distributed from the general fund as follows:

(a) (I) Before July 1, 2017, an amount equal to fifteen percent of the gross retail marijuana sales tax revenue collected by the department is apportioned to local governments. On and after July 1, 2017, an amount equal to ten percent of the gross retail marijuana sales tax revenue collected by the department is apportioned to local governments. The city or town share is apportioned according to the percentage that retail marijuana sales tax revenue collected by the department within the boundaries of the city or town bear to the total retail marijuana sales tax revenue collected by the department. The county share is apportioned according to the percentage that retail marijuana sales tax revenue collected by the department in the unincorporated area of the county bear to total retail marijuana sales tax revenue collected by the department.

(I.5) Repealed.

(II) The department of revenue shall certify to the state treasurer, at least annually, the percentage for apportionment to each local government, and the percentage for apportionment so certified shall be applied by said department in all distributions to local governments until changed by certification to the state treasurer.

(III) Distribution to each local government pursuant to this paragraph (a) shall be made monthly, no later than the fifteenth day of the second successive month after the month for which retail marijuana sales tax collections are made.

(IV) Each local government, upon request and during established business hours, shall be entitled to verify with the executive director of the department or the executive director's designee the proceeds to which the local government is entitled pursuant to the provisions of this paragraph (a).

(V) Moneys apportioned pursuant to this paragraph (a) shall 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, C.R.S.

(VI) [Editor's note: This version of subsection (1)(a)(VI) is effective until July 1, 2025.] Nothing in this paragraph (a) shall be construed to prevent a local government from imposing, levying, and collecting any fee or any tax upon the sale of retail marijuana or retail marijuana products or upon the occupation or privilege of selling retail marijuana products, nor shall the provisions of this paragraph (a) be interpreted to affect any existing authority of a local government to impose a tax on retail marijuana or retail marijuana products to be used for local and municipal purposes; however, any local tax imposed at other than the local jurisdiction's general sales tax rate shall not be collected, administered, and enforced by the department of revenue pursuant to section 29-2-106, C.R.S., but shall instead be collected, administered, and enforced by the local government itself.

(VI) [Editor's note: This version of subsection (1)(a)(VI) is effective July 1, 2025.] Nothing in this subsection (1)(a) prevents a local government from imposing, levying, and collecting any fee or any tax upon the sale of retail marijuana or retail marijuana products or upon the occupation or privilege of selling retail marijuana products, nor shall the provisions of this subsection (1)(a) be interpreted to affect any existing authority of a local government to impose a tax on retail marijuana or retail marijuana products to be used for local and municipal purposes; however, any local tax imposed at other than the local jurisdiction's general sales tax rate shall not be collected, administered, and enforced by the department of revenue pursuant to part 2 of article 2 of title 29, but shall instead be collected, administered, and enforced by the local government itself.

(b) (I) Until July 1, 2017, the state treasurer shall transfer from the general fund to the marijuana tax cash fund an amount equal to eighty-five percent of the gross retail marijuana sales tax revenue collected by the department.

(I.3) On and after July 1, 2017, but before July 1, 2018, of the ninety percent of the gross retail marijuana sales tax revenue in the general fund remaining after the allocation to local governments required by subsection (1)(a)(I) of this section is made, the state treasurer shall retain twenty-eight and fifteen one-hundredths percent less thirty million dollars in the general fund for use for any lawful purpose and shall transfer from the general fund:

(A) Seventy-one and eighty-five one-hundredths percent to the marijuana tax cash fund; and

(B) Thirty million dollars to the state public school fund created in section 22-54-114 (1) for use as specified in section 22-54-139 (2).

(I.5) On and after July 1, 2018, of the ninety percent of the gross retail marijuana sales tax revenue in the general fund remaining after the allocation to local governments required by subsection (1)(a)(I) of this section is made, the state treasurer shall retain fifteen and fifty-six one-hundredths percent in the general fund for use for any lawful purpose and shall transfer from the general fund:

(A) Seventy-one and eighty-five one-hundredths percent to the marijuana tax cash fund; and

(B) Twelve and fifty-nine one-hundredths percent to the state public school fund created in section 22-54-114 (1) for use as specified in section 22-54-139 (3).

(II) Repealed.

(III) The general assembly shall make appropriations from the marijuana tax cash fund for the expenses of the administration of this section.

(2) Repealed.

(3) As used in this section:

(a) "Ballot issue" means the ballot issue referred to the voters in accordance with section 39-28.8-603 (1).

(b) "Marijuana tax cash fund" is the cash fund created in section 39-28.8-501 (1).
C.R.S. § 39-28-109 — CO Code / Title 39 / Article 28 / Part 1 / Section 39-28-109
39-28-109. Records - examination - returns
Status: in_force

39-28-109. Records - examination - returns. Each wholesaler shall keep and preserve complete and accurate records of all cigarettes purchased and sold by him in accordance with the provisions of section 39-21-113. Any nonresident wholesaler, authorized pursuant to section 39-28-106, shall make available to the department, in the city and county of Denver, said records or, in the alternative, shall bear the cost of examination by an agent authorized by the executive director of the department of revenue at the place where such books, accounts, and records are kept. Such cost shall consist of a charge of twenty-five dollars per diem for the period required to make such examination, with a minimum charge of seventy-five dollars. The department may investigate and examine the stock of cigarettes upon any premises where the same are possessed, stored, or sold for the purpose of determining whether the provisions of this article have been complied with. The records which the wholesaler keeps shall be of such kind and in such form as the department prescribes. Each wholesaler shall make a return to the department each month containing, among other things, the total number of packages of cigarettes sold by him during the preceding month and the tax due thereon, which return shall be upon forms prescribed and furnished by the department and shall be filed by the tenth day of the month following the month reported.
C.R.S. § 39-22-611 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-611
39-22-611. Property exempt from ad valorem taxes
Status: in_force

39-22-611. Property exempt from ad valorem taxes. Notwithstanding any other provisions of law, all intangible personal property, whether or not owned by a resident of Colorado, and whether or not such property or evidence thereof is situated or held or has its legal situs within the state, shall be exempt from ad valorem tax imposed by the state of Colorado, or by any political subdivision thereof; but nothing in this section shall be construed to repeal, or in any way affect, the use or inclusion of intangible property other than licenses granted by the federal communications commission to a wireless carrier, as defined in section 29-11-101, C.R.S., as a factor in arriving at the valuation of public utility property assessed by the property tax administrator under provisions of articles 1 to 13 of this title.
C.R.S. § 39-5-121 — CO Code / Title 39 / Article 5 / Part 1 / Section 39-5-121
39-5-121. Notice of valuation - legislative declaration - definition - repeal
Status: repealed

39-5-121. Notice of valuation - legislative declaration - definition - repeal. (1) (a) (I) No later than May 1 in each year, the assessor shall mail to each person who owns land or improvements a notice setting forth the valuation of such land or improvements. For agricultural property, the notice must separately state the actual value of such land or improvements in the previous year, the actual value in the current year, and the amount of any adjustment in actual value. For all other property, the notice must state the total actual value of such land and improvements together in the previous year, the total actual value in the current year, and the amount of any adjustment in total actual value. The notice must not state the valuation for assessment of such land or improvements or combination of land and improvements. Based upon the classification of such taxable property, the notice must also set forth the appropriate ratio of valuation for assessment to be applied to said actual value prior to the calculation of property taxes for the current year and that any change or adjustment of the ratio of valuation for assessment must not constitute grounds for the protest or abatement of taxes. The notice must state, in bold-faced type, that the taxpayer has the right to protest any adjustment in valuation, the classification of the property that determines the assessment percentage to be applied, and the dates and places at which the assessor will hear such protest. The notice must also set forth the following: That, to preserve the taxpayer's right to protest, the taxpayer shall notify the assessor either in writing or in person of the taxpayer's objection and protest; that such notice must be delivered, postmarked, or given in person no later than June 8; and that, after such date, the taxpayer's right to object and protest the adjustment in valuation is lost. The notice must be mailed together with a form that, if completed by the taxpayer, allows the taxpayer to explain the basis for the taxpayer's valuation of the property. Such form may be completed by the taxpayer to initiate an appeal of the assessor's valuation. However, in accordance with section 39-5-122 (2), completion of this form does not constitute the exclusive means of appealing the assessor's valuation. For the years that intervene between changes in the level of value, if the difference between the actual value of such land or improvements in the previous year and the actual value of such land or improvements in the intervening year as set forth in such notice constitutes an increase in actual value of more than seventy-five percent, the assessor shall mail together with the notice an explanation of the reasons for such increase in actual value.

(II) Repealed.

(b) (I) Commencing as provided in subparagraph (II) of this paragraph (b), the notice of valuation for the first year of each reassessment cycle that is mailed to each person who owns land or improvements pursuant to paragraph (a) of this subsection (1) shall include, in addition to the information specified in paragraph (a) of this subsection (1), an itemized listing of the land and improvements and the characteristics that are germane to the value of such land and improvements.

(II) In a county with a population in excess of fifty thousand people, the information specified in subparagraph (I) of this paragraph (b) shall be included in notices of valuation mailed on or after January 1, 2001. In a county with a population of twenty-five thousand people or more but not more than fifty thousand people, the information specified in subparagraph (I) of this paragraph (b) shall be included in notices of valuation mailed on or after January 1, 2003. In a county with a population of less than twenty-five thousand people, the information specified in subparagraph (I) of this paragraph (b) shall be included in notices of valuation mailed on or after January 1, 2005.

(c) For property tax years commencing on or after January 1, 2025, the assessor shall not include the appropriate ratio of valuation for assessment in the notice setting forth the valuation for land or improvements.

(1.2) A notice of valuation included with the tax bill shall fulfill the requirements of subsection (1) of this section. The general assembly hereby finds and declares that the notice procedure set forth in this subsection (1.2) facilitates the efficient and economic operation of local governments, consistent with the expressed purpose of section 20 of article X of the state constitution to reasonably restrain most the growth of government, and still fulfills the purposes of section 20 (8)(c) of said article X in the intervening year of each reassessment cycle when there is no change in value for the property in such year.

(1.5) (a) (I) No later than June 15 each year, the assessor shall mail to each person who owns taxable personal property a notice setting forth the valuation of the personal property. The notice must state the actual value of such personal property in the previous year, the actual value in the current year, and the amount of any adjustment in actual value. The notice must not state the valuation for assessment of the personal property. The notice must also set forth the ratio of valuation for assessment to be applied to said actual value prior to the calculation of property taxes for the current year. With the approval of the board of county commissioners, the assessor may include in the notice an estimate of the taxes owed for the current property tax year. If such an estimate is included, the notice must clearly state that the tax amount is merely an estimate based upon the best available information. The notice must state, in bold-faced type, that the taxpayer has the right to protest any adjustment in valuation but not the estimate of taxes if such an estimate is included in the notice, and the dates and places at which the assessor will hear protests. The notice must also set forth the following: To preserve the taxpayer's right to protest, the taxpayer shall notify the assessor either by mail or in person of the taxpayer's objection and protest; that the notice must be postmarked or physically delivered no later than June 30; and that, after such date, the taxpayer's right to object and protest the adjustment in valuation is lost. The notice must be mailed together with a form that, if completed by the taxpayer, allows the taxpayer to explain the basis for the taxpayer's valuation of the property. The form may be completed by the taxpayer to initiate an appeal of the assessor's valuation. However, in accordance with section 39-5-122 (2), completion of this form does not constitute the exclusive means of appealing the assessor's valuation.

(II) Repealed.

(b) (I) Notwithstanding subsection (1.5)(a) of this section, for taxable real property and personal property on oil and gas leaseholds or lands for which the operator has filed the statement required by section 39-7-101 (1), the assessor shall send the notice of valuation only to the operator, who shall accept it. The acceptance of the notice of valuation by the operator shall not be construed as an indication that the operator agrees with the amount of the actual value of the property stated in the notice or as obligating the operator to pay the tax attributable to property in which the operator has no ownership interest. Upon the written request of the county treasurer, the operator shall submit to the treasurer a written statement containing the name and address of each person who has an ownership interest in the property. If the operator fails to submit the statement within thirty days after receiving the request, the operator shall pay a penalty to the treasurer in the amount of one hundred dollars or the amount of tax due on the property, whichever is less.

(II) As used in this article 5, "well or unit operator" means the operator of each wellsite or, if there is no operator, the owner who filed the statement with the assessor pursuant to section 39-7-101.

(1.7) Notwithstanding any other provision of law, a taxpayer may request to receive by electronic transmission the notices of valuation required by subsections (1) and (1.5) of this section. The taxpayer shall submit along with the request an electronic address to which the assessor may send future notices of valuation. The assessor, upon receipt of such request by a taxpayer to receive notices of valuation electronically, may send all future notices of valuation by electronic transmission to the electronic address supplied by the taxpayer; except that, if a taxpayer subsequently requests to cease the electronic transmission of such notices and requests to receive future notices of valuation by mail, the assessor shall comply with the request. Failure of a taxpayer to receive the electronic notice of valuation shall not preclude collection by the treasurer of the amount of taxes due from and payable by the taxpayer.

(1.8) (a) Notwithstanding any other provision of law, the assessor may mail abbreviated notices of valuation on a postcard. The property tax administrator shall approve the form of the abbreviated notice of valuation as required in section 39-2-109 (1)(d).

(b) At a minimum, the postcard must:

(I) Provide an accurate summary of the valuation information required under subsections (1) and (1.5) of this section;

(II) Provide contact information for the assessor's office;

(III) Include a link to the assessor's website where taxpayers can access the long form notice of valuation that includes all of the information required under subsections (1) and (1.5) of this section; and

(IV) State that the taxpayer may request to cease the transmission of the notice of valuation by postcard and may instead request to receive future long form notice of valuation mailed in an envelope.

(c) If the taxpayer would prefer to not use the link to the assessor's website to access the long form notice of valuation, the taxpayer may contact the assessor's office and request a long form notice of valuation be mailed instead.

(d) If a taxpayer makes a request described in subsection (1.8)(b)(IV) of this section, the assessor shall comply.

(e) Failure of a taxpayer to receive the notice of valuation by postcard does not preclude collection by the treasurer of the amount of taxes due from and payable by the taxpayer.

(2) (a) The assessor shall, no later than August 25 of each year, notify each taxing entity subject to the provisions of section 29-1-301, C.R.S., the division of local government, and the department of education of the total valuation for assessment of land and improvements within the entity and shall also report: The amount of the total valuation for assessment attributable to annexation or inclusion of additional land, and the improvements thereon, and personal property connected therewith, within the taxing entity for the preceding year; the amount attributable to new construction and personal property connected therewith, as defined by the administrator in manuals prepared pursuant to section 39-2-109 (1)(e), within the taxing entity for the preceding year; the amount attributable to increased volume of production for the preceding year by a producing mine if said mine is wholly or partially within the taxing entity and if such increase in volume of production causes an increase in the level of services provided by the taxing entity; and the amount attributable to previously legally exempt federal property that becomes taxable if such property causes an increase in the level of services provided by the taxing entity.

(b) In addition to the information specified in paragraph (a) of this subsection (2), the assessor shall, no later than August 25 of each year, notify each taxing entity except school districts of the total actual value of all real property within the taxing entity and the total actual value of all real property within the taxing entity from construction of taxable real property improvements, minus destruction of similar improvements, and additions to, minus deletions from, taxable real property, in accordance with the manner prescribed by the administrator in manuals prepared pursuant to section 39-2-109 (1)(e).

(3) Repealed.

(4) (a) Any notice of valuation required by subsections (1) and (1.5) of this section sent to the owner of any real property must include the following statement: "If a property owner does not timely object to their property's valuation by June 8 under section 39-5-122, C.R.S., they may file a request for an abatement under section 39-10-114, C.R.S., by contacting the county assessor."

(b) Any notice of valuation required by subsections (1) and (1.5) of this section sent to the owner of commercial property must include contact information for the relevant county assessor along with the following statement: "If you would like information about the approach used to value your property, please contact your county assessor."
C.R.S. § 39-22-559 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-559
39-22-559. Film incentive tax credit - tax preference performance statement - review - legi
Status: repealed

39-22-559. Film incentive tax credit - tax preference performance statement - review - legislative declaration - definitions - repeal. (1) (a) The general assembly hereby finds and declares that:

(I) Colorado is home to many talented film industry members, many of whom travel out-of-state for work as they cannot find enough work locally to support them;

(II) With a competitive film incentive that is comparable to surrounding western states with similar beautiful landscapes, Colorado will have the ability to attract high-profile projects that will bring in more film tourism and increase Colorado's impact on the global film industry; and

(III) Colorado's film industry has the ability to be a true economic driver in the state.

(b) In accordance with section 39-21-304 (1), which requires each bill that creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that the purpose of the tax credit provided for in this section is to induce certain designated behavior by taxpayers and to provide a reduction in income tax liability for certain business or individuals by allowing production companies to receive a credit against income tax for qualified expenditures if certain criteria are met. Specifically, this tax expenditure is intended to incentivize production companies to film in Colorado and attract more film projects, in particular high-budget film projects, that will employ more Coloradans.

(c) The general assembly and the state auditor shall measure the effectiveness of the tax credit in achieving the purposes specified in subsection (1)(b) of this section based on the number and value of the credits claimed and, when available, taking into consideration the results of the review performed by the office of economic development and the office pursuant to subsection (8) of this section.

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

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

(b) "Film" has the same meaning as set forth in section 24-48.5-114 (1).

(c) "Obscene" has the same meaning as set forth in section 18-7-101 (2).

(d) "Office" has the same meaning as set forth in section 24-48.5-114.

(e) "Office of economic development" means the office of economic development created in section 24-48.5-101 (1).

(f) "Originates" means that a production company has been a resident of the state or registered with the secretary of state for at least twelve consecutive months and, as of the date of applying for a tax credit as specified in subsection (3) of this section, has engaged in production activities in the state for other projects in the past twelve consecutive months; except that if the production company creates a business entity for the sole purpose of conducting production activities in the state, then such business entity need not be registered with the secretary of state for twelve consecutive months, but the manager of the business entity must be a resident of the state for at least twelve consecutive months as of the date of applying for a tax credit as specified in subsection (3) of this section. As used in this subsection (2)(f), "manager of the business entity" means a manager with decision-making authority to make financial or legal commitments on behalf of the production company or business entity.

(g) "Production activities" means the shooting of a film, support activities related to such shooting, and any preshooting or postshooting activities that commence on or after January 1, 2024, and that are necessary to produce a finished film, including but not limited to editing and the creation of sets, props, costumes, and special effects.

(h) "Production company" means a person, including a corporation or other business entity, that engages in production activities for the purpose of producing all or any portion of a film in Colorado.

(i) "Qualified local expenditure" means a payment made by a production company operating in Colorado to a person or business in Colorado in connection with production activities in Colorado. "Qualified local expenditure" includes, but need not be limited to:

(I) Payments made in connection with developing or purchasing the story and scenario to be used for a film;

(II) Payments made for the costs of set construction and operations, wardrobe, accessories, and related services;

(III) Payments made for the costs of photography, sound recording and synchronization, lighting, and related services;

(IV) Payments made for the costs of editing, post-production, music, and related services;

(V) Payments made for the costs of renting facilities and equipment, including location fees, leasing vehicles, and providing food and lodging to people working on the film production;

(VI) Payments for airfare purchased through a Colorado-based travel agency or company;

(VII) Payments for insurance and bonding purchased through a Colorado-based insurance agent;

(VIII) Payments for other direct costs incurred by the film production company that are deemed appropriate by the office;

(IX) Payments of up to one million dollars per employee or contractor, made by a production company to pay the wages or salaries of employees or contractors who participate in the production activities. In order for any wage or salary to be considered a qualified local expenditure, all Colorado income taxes shall be withheld and paid either by the production company or the individual. Any payments in excess of one million dollars per employee or contractor shall be excluded.

(X) Payments of up to one million dollars per calendar year per personal service corporation, as defined in section 24-48.5-114 (4.5)(a), made by a production company to a personal service corporation to pay the wages or salaries of an employee-owner of the personal service corporation, as defined in section 24-48.5-114 (4.5)(b), who participates in the production activities. In order for any wage or salary to be considered a qualified local expenditure, the production company must file an information return pursuant to section 39-22-604 (21) regarding the payments made to the personal service corporation. Any payments in excess of one million dollars per personal service corporation are excluded.

(3) Subject to the limitations set forth in subsections (5) and (6) of this section, for income tax years commencing on or after January 1, 2024, but before January 1, 2032, there shall be allowed a film incentive tax credit with respect to income taxes imposed pursuant to this article 22 to any production company making at least one hundred thousand dollars in actual qualified local expenditures and employing a workforce for any in-state production activity made up of at least fifty percent Colorado residents in an amount not to exceed twenty-two percent of the actual qualified local expenditures.

(a) to (c) (Deleted by amendment, L. 2024.)

(4) The director of the office of economic development may, in the director's discretion, approve a tax credit in an amount that exceeds twenty percent or twenty-two percent, as applicable, of qualified local expenditures for a production company that qualifies for a tax credit under subsection (3) of this section.

(5) (a) For the 2024 calendar year, and for each calendar year thereafter, the maximum aggregate amount of all tax credits that the office may reserve pursuant to subsection (6) of this section is five million dollars per calendar year.

(b) Repealed.

(c) A production company shall not apply for and the office shall not approve a tax credit allowed under subsection (3) of this section for any qualified local expenditures for which the production company has applied or been awarded a performance-based incentive pursuant to section 24-48.5-116.

(6) (a) For a production company to claim a tax credit pursuant to subsection (3) of this section, the production company must apply to the office for a tax credit reservation, in a manner to be determined by the office prior to beginning production activities in the state for the project for which the production company is seeking a tax credit. The application for a tax credit reservation must include a statement of intent by the production company to produce a film in Colorado for which the production company will be eligible to receive the tax credit. The production company must submit, in conjunction with the application, any documentation necessary to demonstrate that:

(I) The production company's projected qualified local expenditures will satisfy the minimum expenditure requirement specified in subsection (3) of this section; and

(II) If the production company seeks a tax credit specified in subsection (3) of this section, the production company will originate production activities in Colorado, including copies of income tax forms, proof of voter registration, or copies of utility bills, to provide documentary evidence that, as of the date of applying for a tax credit:

(A) The production company engaged in production activities in the state for other projects in the past twelve consecutive months; or

(B) If the production company created a business entity for the sole purpose of conducting production activities in the state, the manager of the business entity was a resident in the state for the past twelve consecutive months.

(b) (I) The office shall review each application for a tax credit reservation submitted by a production company before the production company begins work on a film in Colorado. Based on the information provided in the production company's application for a tax credit reservation, the office may determine that a production company is entitled to a tax credit reservation in accordance with the provisions of this section. The office shall issue tax credit reservations subject to the limitations set forth in this subsection (6) and in subsection (5) of this section. The office shall not issue tax credit reservations after December 31, 2029.

(II) If the office reserves a tax credit for the benefit of a production company, the office shall notify the production company in writing of the reservation and the amount reserved. The reservation of a tax credit by the office for a production company does not entitle the production company to the issuance of a tax credit certificate until the production company complies with all of the other requirements specified in this section for the issuance of the tax credit certificate. When the office approves a tax credit reservation, the office may also impose additional requirements, which a production company shall satisfy as part of completing the production activities before a tax credit certificate is issued to the production company.

(III) If approved, the office may issue a tax credit reservation to a production company in an amount not to exceed twenty-two percent of the estimated qualified local expenditures.

(c) (I) (A) A production company shall complete the production activities in Colorado on or before December 31, 2031. Upon completion of the production activities in Colorado, a production company that received a tax credit reservation from the office must retain a certified public accountant licensed to practice in the state or a certified public accounting firm that is registered in the state, to review and report in writing, and in accordance with professional standards, regarding the accuracy of the financial documents that detail the expenses incurred in the course of the film production activities in Colorado. The certified public accountant's written report must include documentation of the production company's actual expenditures, including its actual qualified local expenditures, and any documentation necessary to show that the production company employed a workforce for the in-state production activities made up of at least fifty percent Colorado residents. When the production company provides a copy of the certified public accountant's written report and the production company certifies in writing to the office that the amount of the production company's actual qualified local expenditures equals or exceeds the applicable minimum total amount of the production company's qualified local expenditures as specified in subsection (3) of this section, the office shall conduct a review of the certified public accountant's written report to ensure the requirements of this section are met. If the office is satisfied that the requirements of this section are met, and the office confirms that the certified public accountant who provided the written report is from the list described in subsection (6)(c)(II)(B) of this section, then the office shall issue to the production company a tax credit certificate that evidences the production company's right to claim the tax credit allowed under subsection (3) of this section. The tax credit certificate must include the taxpayer's name, the taxpayer's social security number or federal employer identification number, the approved tax credit amount, the income tax year for which the tax credit is being allowed, and any other information that the executive director of the department of revenue may require.

(B) If the office determines that a production company has failed to comply with the requirements of this subsection (6), the office shall notify the production company and may rescind the tax credit reservation. If the office rescinds the tax credit reservation, the production company may submit a new tax credit reservation application pursuant to this subsection (6). When the office rescinds a tax credit reservation in a calendar year, the maximum aggregate amount of all tax credits that the office may reserve in that calendar year set forth in subsection (5)(a) of this section is increased by the amount of the rescinded tax credit reservation.

(II) (A) Any services provided by a certified public accountant to meet the requirements of this subsection (6)(c) must be performed in Colorado.

(B) The office shall develop a list of certified public accountants that meet the requirements of this section. Such list must be made available to all production companies and must be posted on the office of economic development's website.

(d) The office shall develop procedures for the administration of this section, including application guidelines for production companies applying to receive a tax credit reservation.

(7) (a) A production company shall claim the credit allowed under subsection (3) of this section by including the credit certificate issued to the production company by the office pursuant to subsection (6)(c)(I) of this section with its income tax return for the income tax year for which the certificate was issued. If the amount of the tax credit exceeds the production company's income taxes due on the income of the production company for the income tax year, the excess credit is not carried forward and shall be refunded to the taxpayer.

(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 production company to which the office issued a tax credit certificate for the preceding income tax year that includes the following information:

(I) The production company's name;

(II) The amount of the income tax credit; and

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

(8) The office of economic development and the office shall jointly review the effectiveness of the credit and report the results of the review to the house of representatives finance committee and the senate finance committee, or their successor committees, no later than July 1, 2028.

(9) This section is repealed, effective December 31, 2034.
C.R.S. § 39-31-101 — CO Code / Title 39 / Article 31 / Section 39-31-101
39-31-101. Real property tax - tax equivalent - assistance - heat or fuel expenses assistan
Status: repealed

39-31-101. Real property tax - tax equivalent - assistance - heat or fuel expenses assistance - eligibility - applicability - definitions - repeal. (1) (a) Individuals having resided within this state for the entire taxable year who are sixty-five years of age or older during the taxable year are eligible for a grant to be determined with respect to the income taxes imposed by article 22 of this title 39, subject to the additional qualification requirements of this section, to aid in the payment by such individuals of:

(I) Real estate taxes, including taxes on mobile homes, or trailer coach specific ownership tax on, or tax-equivalent payments with respect to, residences occupied by such individuals; or

(II) Heat or fuel expenses for residences occupied by such individuals.

(b) (I) Spouses are treated as jointly qualifying for the grant under subsection (1)(a) of this section if either spouse meets the age requirement and they jointly meet all the limitations of subsection (3) of this section. In all cases spouses must file one joint claim.

(II) A surviving spouse who is fifty-eight years of age or older qualifies for the grant under subsection (1)(a) of this section if the surviving spouse meets all the limitations imposed by subsection (3) of this section.

(c) (I) Before January 1, 2025, the grant authorized by this section is also allowed to individuals having resided in this state for the entire taxable year and coming within the limitations imposed by subsection (3) of this section who, regardless of age, have a disability during the entire taxable year to a degree sufficient to qualify for the payment to them of full benefits from any bona fide public or private plan or source based solely upon such disability.

(II) An individual has a disability for the purposes of subparagraph (I) of this paragraph (c) if such individual is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or that has lasted for a continuous period of not less than twelve months.

(III) This subsection (1)(c) is repealed, effective December 31, 2030.

(d) (I) Eligibility under more than one provision of this subsection (1) does not increase the amount of any grant available to an individual or spouses under subsection (2) of this section; except that an individual or spouses may claim the grant under both subsections (1)(a)(I) and (1)(a)(II) of this section, if applicable.

(II) This subsection (1)(d) is repealed, effective December 31, 2030.

(1.5) (a) The grant set forth in subsection (1) of this section is allowed as follows:

(I) An individual or spouses claiming the grant pursuant to subsection (1)(a)(I) or (1)(c) of this section may claim the grant in an amount set forth in subsection (2) of this section;

(II) An individual or spouses claiming the grant pursuant to subsection (1)(a)(II) of this section may claim the grant in an amount set forth in subsection (2.1) of this section; and

(III) An individual or spouses claiming the grant pursuant to both subsections (1)(a)(I) and (1)(a)(II) of this section may claim the grant in the amount set forth in subsection (2) of this section plus the amount set forth in subsection (2.1) of this section.

(b) (I) The provisions of subsection (1.5)(a) of this section apply to an individual claiming the grant pursuant to subsection (1)(c) of this section.

(II) This subsection (1.5)(b) is repealed, effective December 31, 2030.

(2) A grant is the amount of the general property taxes actually paid on the residence or the amount of taxes actually paid on a mobile home, plus any tax-equivalent payments computed pursuant to subsection (4) of this section, with respect to the rent of a trailer space during the year for which the grant is claimed, the amount of the specific ownership tax actually paid on a trailer coach, or the amount of the tax-equivalent payments, computed pursuant to subsection (4) of this section, actually made during the year for which such grant is claimed, but in no event may it exceed:

(a) Repealed.

(I) and (II) (Deleted by amendment, L. 2014.)

(III) Repealed.

(a.5) Repealed.

(b) Repealed.

(I) and (II) (Deleted by amendment, L. 2014.)

(III) Repealed.

(c) Repealed.

(d) For a grant claimed for the 2023 calendar year, either eight hundred seventy-two dollars reduced by ten percent of the claimant's income over the phase-out amount or the property tax flat grant amount, whichever amount is greater. For a grant claimed for years commencing on or after January 1, 2024, either the maximum grant amount allowed under this subsection (2)(d) for the prior year, adjusted for inflation and reduced by ten percent of the claimant's income over the phase-out amount, or the property tax flat grant amount, whichever amount is greater.

(2.1) For a grant claimed for the 2023 calendar year, either two hundred forty dollars reduced by ten percent of the claimant's income over the phase-out amount or the heat or fuel expenses flat grant amount, whichever amount is greater. For a grant claimed for years commencing on or after January 1, 2024, either the maximum grant amount allowed under this subsection (2.1) for the prior year, adjusted for inflation and reduced by ten percent of the claimant's income over the phase-out amount, or the heat or fuel expenses flat grant amount, whichever amount is greater.

(2.3) and (2.5) Repealed.

(3) Such grant is allowed to such persons as described in subsection (1) of this section who meet the following requirements:

(a) Are not claimed as an exemption for purposes of Colorado income tax by any other person for the taxable year;

(b) Have income from all sources for the taxable year of less than the maximum eligible income amount, which includes, but is not limited to, for this purpose, alimony, cash public assistance and relief, pension or annuity benefits, federal social security benefits, veterans' benefits, nontaxable interest, workers' compensation, and unemployment compensation benefits. For the purposes of this subsection (3)(b), the following are not considered income:

(I) Outright gifts;

(II) Medicaid payments specifically provided for the payment of medicare premiums;

(II.5) Payments from or income received by a special needs trust; and

(III) Those specific veterans' benefits that are service-connected disability compensation payments. For the purposes of this subparagraph (III), "service-connected disability compensation payments" means those payments made for permanent disability, which disability shall be limited to loss of or loss of use of both lower extremities so as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; loss of use of both hands; blindness in both eyes, including such blindness with only light perception; or loss of one lower extremity together with residuals or organic disease or injury that so affects the functions of balance or propulsion as to preclude locomotion without the use of a wheelchair.

(4) (a) The tax-equivalent amount for individuals otherwise qualified who paid rent for the right to occupy premises as a residence during the taxable year is twenty percent of the actual rent paid during the taxable year, not including any charge for utilities or food, for the purposes of calculating the amount of the grant pursuant to subsection (2) of this section.

(b) To qualify as a tax-equivalent payment set forth in subsection (4)(a) of this section, rent must have been paid as a part of a bona fide tenancy or leasing agreement and does not include any portion of payments made to institutions or facilities commonly known as nursing homes but does include rent paid for the use of a mobile home or paid on trailer space if paid as a part of a bona fide tenancy.

(c) For individuals otherwise qualified who paid heat or fuel expenses indirectly as part of their rental payments, it is presumed that ten percent of the actual rent paid during the taxable year was for heat or fuel expenses for the purpose of calculating the amount of the grant pursuant to subsection (2.1) of this section. For rental payments to qualify under subsection (1)(a)(II) of this section, they must have been paid as a part of a bona fide tenancy or lease agreement. Rental payments made to institutions or facilities commonly known as nursing homes do not qualify, but rental payments for the use of a mobile home qualify if paid as a part of a bona fide tenancy or lease agreement.

(5) As used in this section:

(a) "Heat or fuel expenses flat grant amount" means an amount equal to ninety-two dollars for the 2023 calendar year, and for each year thereafter the amount for the prior year adjusted for inflation.

(b) "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 and all urban consumers, or its successor index.

(c) "Maximum eligible income amount" means:

(I) For an individual, income that is less than or equal to eighteen thousand twenty-six dollars for the 2023 calendar year and for each year thereafter, the amount for the prior year adjusted for inflation; and

(II) For spouses, income that is less than or equal to twenty-four thousand three hundred forty-five dollars for the 2023 calendar year and for each year thereafter, the amount for the prior year adjusted for inflation.

(d) "Phase-out amount" means:

(I) In the case of an individual, an amount equal to nine thousand six hundred ninety-two dollars for the 2023 calendar year and for each year thereafter, the amount for the prior year adjusted for inflation; and

(II) In the case of spouses, an amount equal to fifteen thousand six hundred sixty-eight dollars for the 2023 calendar year and for each year thereafter, the amount for the prior year adjusted for inflation.

(e) "Property tax flat grant amount" means an amount equal to two hundred eighty-two dollars for the 2023 calendar year, and for each year thereafter the amount for the prior year adjusted for inflation.
C.R.S. § 39-36-107 — CO Code / Title 39 / Article 36 / Section 39-36-107
39-36-107. Repeal of article
Status: repealed

39-36-107. Repeal of article. This article 36 is repealed, effective January 1, 2041.
C.R.S. § 39-22-325 — CO Code / Title 39 / Article 22 / Part 3 / Section 39-22-325
39-22-325. Carryforwards and carrybacks - loss limitation
Status: in_force

39-22-325. Carryforwards and carrybacks - loss limitation. (1) Carryforwards and carrybacks to and from taxable periods of an S corporation shall be restricted in the manner provided in section 1371 (b) of the internal revenue code.

(2) The aggregate amount of losses or deductions of an S corporation taken into account by a shareholder of the S corporation for a taxable period pursuant to section 39-22-323 (2) shall not exceed such shareholder's combined adjusted basis, as determined pursuant to section 39-22-324, in the stock of the S corporation and any indebtedness of the S corporation to such shareholder.

(3) Any loss or deduction of an S corporation which is disallowed for a taxable period pursuant to subsection (2) of this section shall be treated as incurred by the corporation in the succeeding taxable period with respect to that shareholder.

(4) (a) Any loss or deduction of an S corporation which is disallowed pursuant to subsection (2) of this section for the corporation's last taxable period as an S corporation shall be treated as incurred by a shareholder on the last day of any post-termination transition period.

(b) The aggregate amount of losses and deductions taken into account by a shareholder pursuant to paragraph (a) of this subsection (4) shall not exceed such shareholder's adjusted basis in the stock of the corporation, as such adjusted basis is determined pursuant to section 39-22-324 at the close of the last day of any post-termination transition period and without regard to this subsection (4).
C.R.S. § 39-3-134 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-134
39-3-134. Condemnation by tax-exempt agency - duties of treasurer
Status: in_force

39-3-134. Condemnation by tax-exempt agency - duties of treasurer. In all cases where an entire property, or a portion of any parcel, tract, or lot of real property, is likely to become exempt from the levy and collection of property tax through exercise of the power of eminent domain, the treasurer shall be joined as a party respondent in any such eminent domain action, and, upon joinder and notice of the proceedings, the treasurer shall assert a claim for the amount of any prorated property taxes for the current taxable year on such property, and all other unpaid property taxes, delinquent interest, or charges thereon, with the clerk of the court in which the proceedings are filed. Upon institution of any such proceedings, the lien of property taxes levied and to be levied shall be transferred from the real property acquired or sought to be acquired to any money awarded or to be awarded for the taking of such real property. Nothing in this section shall require any treasurer to file a claim in any such proceedings involving acquisition of only a portion of any real property if the treasurer is satisfied that there is sufficient taxable real property remaining after the taking of such portion to satisfy any lien for the amount of property taxes payable on such portion taken.
C.R.S. § 39-5-201 — CO Code / Title 39 / Article 5 / Part 2 / Section 39-5-201
39-5-201. Legislative declaration
Status: repealed

39-5-201. Legislative declaration. (1) The general assembly hereby finds and declares that the present method of taxation of mobile homes, the specific ownership tax, is inappropriate; that mobile homes are more properly taxed by a change from such method to an ad valorem method of taxation similar to the method of taxation of conventional housing.

(2) Uniform treatment of mobile homes is hereby declared to be an exclusive matter of statewide concern. No home rule city, city, county, or other local government shall impose a license or any other special fees on the ownership or occupancy of mobile homes that is not similarly imposed on conventional homes.

(3) Repealed.
C.R.S. § 39-30.5-105 — CO Code / Title 39 / Article 30.5 / Section 39-30.5-105
39-30.5-105. Rural jump-start zone program benefits
Status: in_force

39-30.5-105. Rural jump-start zone program benefits. (1) New business income tax credit.

(a) (I) If a new business locates in a rural jump-start zone during the income tax years commencing on or after January 1, 2016, but before January 1, 2031, and the commission has approved the new business for the rural jump-start zone program benefits as specified in section 39-30.5-104 (7)(a), then except as provided in subsection (1)(a)(II) of this section, the new business is entitled to receive an annual income tax credit in an amount equal to one hundred percent of the income taxes imposed by article 22 of this title 39 on the income derived from its activities in the rural jump-start zone for four consecutive income tax years beginning with the first income tax year designated by the commission in the first credit certificate. The commission shall conduct an annual review to verify that the new business continues to meet the requirements set forth in this article 30.5 and shall issue a credit certificate to the new business for every income tax year during the four-year period only if the commission is satisfied the requirements are being met.

(II) A new business may seek an extension of the four-year benefits period specified in subsection (1)(a)(I) of this section by completing a written application to the commission. The extension may not exceed an additional four years. The application for extension must include an explanation of the new business' need for the extension and any other information the commission deems necessary. In deciding whether to grant the extension, the commission must consider the state of the economy in the rural jump-start zone, the estimated demand for tax credits allowed in this section for other new businesses, and the importance of these credits in incentivizing the new business. The extension application must be considered at a regularly scheduled meeting of the commission where the public is allowed to comment.

(b) To claim the income tax credit allowed in this section, the new business shall attach a copy of the credit certificate to its state income tax return. No tax credit is allowed under this section unless the new business provides the copy of the credit certificate with its filed state income tax return.

(c) If a new business has income both from operations within the rural jump-start zone and operations outside of the rural jump-start zone, the new business shall apportion its income between the operations within and outside the rural jump-start zone in accordance with rules promulgated by the department in order to calculate the amount of income tax credit. Such rules shall calculate the value of the credit, as nearly as practicable, to be equal to the tax due on the income generated by the new business that relates to its activities in the rural jump-start zone on the basis of the new business' property and payroll in the rural jump-start zone relative to its property and payroll everywhere.

(d) The commission shall, in a sufficiently timely manner to allow the department to process returns claiming the income tax credits allowed by this section, provide the department with an electronic report of each new business that the commission approved for the rural jump-start zone program benefits as specified in section 39-30.5-104 (7)(a) for the preceding calendar year that includes the following information:

(I) The taxpayer's name; and

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

(e) If a new business receiving an income tax credit allowed in this subsection (1) is a partnership, limited liability company, S corporation, or similar pass-through entity, the commission shall issue credit certificates that allocate the credit among the new business' partners, shareholders, members, or other constituent entities in accordance with their ownership interests. The new business shall certify to the commission, and the commission shall provide to the department no later than the January 15 following each income tax year for which the new business is claiming a credit, the identity and ownership percentage, including such identifying information as the department may require, of each partner, shareholder, member, or other constituent entity of the new business.

(2) New hire income tax credit.

(a) (I) Except as provided in section 39-30.5-104 (7)(b)(II) and subsection (2)(a)(II) of this section, if a new hire is employed by a new business, and the commission has approved the new business for the rural jump-start zone program benefits as specified in section 39-30.5-104 (7)(a), for income tax years commencing on or after January 1, 2016, but before January 1, 2031, new hires are entitled to receive an income tax credit in an amount equal to one hundred percent of the income taxes imposed by article 22 of this title 39 on the new hire's wages paid by the new business for work performed in the rural jump-start zone for four consecutive income tax years beginning with the first income tax year in which the new hire is employed by the new business. The commission shall conduct an annual review to verify that the new hire and the new business continue to meet the requirements set forth in this article 30.5 and shall issue a credit certificate to the new business for each new hire for every income tax year during the four-year period only if the commission is satisfied the requirements are being met.

(II) A new business may seek an extension of the four-year benefits period specified in subsection (2)(a)(I) of this section by completing a written application to the commission. The extension may not exceed an additional four years. The application for extension must include an explanation of the new business' need for the extension and any other information the commission deems necessary. In deciding whether to grant the extension, the commission must consider the state of the economy in the rural jump-start zone, the estimated demand for tax credits allowed in this section for other new businesses, and the importance of these credits in incentivizing the new business. The extension application must be considered at a regularly scheduled meeting of the commission where the public is allowed to comment.

(b) To claim the income tax credit allowed in this section, the new hire shall attach a copy of the credit certificate to the new hire's state income tax return. No tax credit is allowed under this section unless the new hire provides the copy of the credit certificate with his or her filed state income tax return.

(c) The commission shall, in a sufficiently timely manner to allow the department to process returns claiming the credit allowed by this section, provide the department with an electronic report of each new hire receiving a credit certificate as allowed in this section for the preceding calendar year that includes the following information:

(I) The new hire's name; and

(II) The new hire's social security number.

(3) New business sales and use tax refund. (a) Each new business is eligible for a refund for all sales and use taxes imposed under parts 1 and 2 of article 26 of this title 39 on the purchase of all tangible personal property acquired by the new business and used exclusively within the rural jump-start zone. Except as provided in subsection (3)(b) of this section, the new business is eligible for the refund allowed in this subsection (3)(a) for four consecutive years beginning with the date the commission approved the new business for the rural jump-start zone program benefits as specified in section 39-30.5-104 (7)(a).

(b) A new business may seek an extension of the four-year period specified in subsection (3)(a) of this section by completing a written application to the commission. The extension may not exceed an additional four years. The application for extension must include an explanation of the new business' need for the extension and any other information the commission deems necessary. In deciding whether to grant the extension, the commission must consider the state of the economy in the rural jump-start zone, the estimated demand for sales and use tax refunds allowed in this section for other new businesses, and the importance of the refund in incentivizing the new business. The extension application must be considered at a regularly scheduled meeting of the commission where the public is allowed to comment.

(c) The commission shall provide the department with a list of every new business eligible for the sales and use tax refund allowed in this subsection (3).

(4) Restrictions on other credits. Notwithstanding any law to the contrary, if a new business claims the rural jump-start zone program benefits allowed in this section, the new business may not claim any other tax incentive that the new business is eligible for in this title as a result of establishing the new business in the state, including tax incentives for the new hires hired by the new business.

(5) Grant program. (a) There is hereby created in the office the rural jump-start zone grant program, referred to in this subsection (5) as the "grant program", to provide grants for new businesses in addition to the tax benefits set forth in this article 30.5, and to provide grants to state institutions of higher education or to economic development organizations.

(b) The office shall administer the grant program and the commission shall award grants, in accordance with this subsection (5) and section 39-30.5-104 (7)(c) and (7)(d). Subject to available appropriations, grants shall be paid out of the rural jump-start zone grant fund account in the Colorado economic development fund created in section 24-46-105 (7).

(c) The office shall issue guidelines to implement the grant program as specified in section 39-30.5-104 (1)(a).
C.R.S. § 39-21-107 — CO Code / Title 39 / Article 21 / Part 1 / Section 39-21-107
39-21-107. Limitations
Status: in_force

39-21-107. Limitations. (1) [Editor's note: This version of subsection (1) is effective until July 1, 2025.] Except as provided in this section, in section 29-2-106.1 (5)(b), and unless such time is extended by waiver, the amount of any tax or of any charge on oil and gas production, and the penalty and interest applicable to the tax or charge, shall be assessed within three years after the return was filed, whether or not such return was filed on or after the date prescribed, and no assessment shall be made or credit taken and no notice of lien shall be filed, nor distraint warrant issued, nor suit for collection instituted, nor any other action to collect the same commenced after the expiration of such period; except that a written proposed adjustment of the tax liability by the department issued prior to the expiration of such period shall extend the limitation of this subsection (1) for one year after a final determination or assessment is made. No lien shall continue after the three-year period provided for in this subsection (1), except for taxes assessed before the expiration of such period, notice of lien with respect to which has been filed prior to the expiration of such period, and except for taxes on which written notice of any proposed adjustment of the tax liability has been sent to the taxpayer during such three-year period, in which case the lien shall continue for one year only after the expiration of such period or after the issuance of a final determination or assessment based on the proposed adjustment issued prior to the expiration of the three-year period. This subsection (1) does not apply to income tax or to any tax imposed under article 23.5 of this title 39.

(1) [Editor's note: This version of subsection (1) is effective July 1, 2025.] Except as provided in this section, section 29-2-208 (2)(a)(III), and section 29-2-302 (5)(b), and unless such time is extended by waiver, the amount of any tax or of any charge on oil and gas production, and the penalty and interest applicable to the tax or charge, shall be assessed within three years after the return was filed, whether or not such return was filed on or after the date prescribed, and no assessment shall be made or credit taken and no notice of lien shall be filed, nor distraint warrant issued, nor suit for collection instituted, nor any other action to collect the same commenced after the expiration of such period; except that a written proposed adjustment of the tax liability by the department issued prior to the expiration of such period shall extend the limitation of this subsection (1) for one year after a final determination or assessment is made. No lien shall continue after the three-year period provided for in this subsection (1), except for taxes assessed before the expiration of such period, notice of lien with respect to which has been filed prior to the expiration of such period, and except for taxes on which written notice of any proposed adjustment of the tax liability has been sent to the taxpayer during such three-year period, in which case the lien shall continue for one year only after the expiration of such period or after the issuance of a final determination or assessment based on the proposed adjustment issued prior to the expiration of the three-year period. This subsection (1) does not apply to income tax or to any tax imposed under article 23.5 of this title 39.

(2) In the case of an income tax imposed by article 22 of this title 39, unless such time is extended by waiver and except as provided in subsection (2.5) of this section, section 39-22-601 (6)(e), and section 39-22-601.5, the assessment of any tax, penalties, and interest shall be made within one year after the expiration of the time provided for assessing a deficiency in federal income tax or changing the reported federal taxable income of a partnership, limited liability company, or fiduciary; except that a written proposed adjustment of the tax liability by the department must extend the limitation of this subsection (2) for one year after a final determination or assessment is made. An assessment of income taxes having been made according to law must be good and valid and collection thereof may be enforced at any time within six years from the date of said assessment.

(2.5) Any limitations applicable to taxes, penalties, interest, fines, or charges within the scope of this article 21, as set forth in section 39-21-102, are suspended:

(a) For any period during which the taxpayer's assets are in the control or custody of a court in any proceeding before any court of the United States or any state, and for six months thereafter; or

(b) For any period during which the department is prohibited from collecting by reason of a case under title 11 of the United States Code, and for six months thereafter.

(3) For purposes of this section, a tax return filed before the last day prescribed by law or by regulation promulgated pursuant to law for the filing thereof shall be considered as filed on such last day.

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

(5) Where, before the expiration of the time prescribed in this section for the assessment of tax, both the executive director of the department of revenue or his delegate and the taxpayer have consented in writing to an assessment after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.

(6) Nothing in this section shall be construed to limit any right accrued or revive any liability barred by any statute enacted on or before July 1, 1965.
C.R.S. § 39-22-508.5 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-508.5
39-22-508.5. Effect of transfers of new business facilities
Status: repealed

39-22-508.5. Effect of transfers of new business facilities. (Repealed)
C.R.S. § 39-37-109 — CO Code / Title 39 / Article 37 / Part 1 / Section 39-37-109
39-37-109. Returns and remittance of tax - civil penalty - rules
Status: in_force

39-37-109. Returns and remittance of tax - civil penalty - rules. (1) Every vendor shall file a return with the executive director each month. The return, which must be upon forms prescribed and furnished by the executive director, must contain the net taxable sales from the retail sale in this state of any firearm, firearm precursor part, or ammunition by the vendor during the preceding month, the tax due thereon, and any other information that the executive director may reasonably require.

(2) Every vendor shall file the return required by subsection (1) of this section with the executive director by the twentieth day of the month following the month reported and with the report shall remit the amount of tax due. The vendor shall file the return required by subsection (1) of this section electronically and remit the amount of tax due by electronic funds transfer.

(3) The executive director may extend the time for filing a return and remitting the tax due for good cause shown or under such reasonable rules as the executive director may promulgate.

(4) If a person neglects or refuses to file a timely return or payment of the tax, to pay or correctly account for any tax as required by this article 37, or to keep complete and accurate records, as required by section 39-37-109, the executive director shall make an estimate, based upon the information available, of the amount of tax due or not accounted for or incorrectly accounted for on a return for the period for which the vendor is delinquent. The executive director shall add to the estimated amount of tax due or not accounted for or incorrectly accounted for interest, if applicable pursuant to section 39-21-110.5, and a penalty equal to the greater of:

(a) Fifteen dollars; or

(b) Ten percent of such unpaid, unaccounted, or incorrectly accounted for amount of tax, plus one-half percent per month from the date when due, not to exceed eighteen percent in the aggregate.
C.R.S. § 39-22-5105 — CO Code / Title 39 / Article 22 / Part 51 / Section 39-22-5105
39-22-5105. Initial funding
Status: in_force

39-22-5105. Initial funding. The department of revenue may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of implementing the donate to a Colorado nonprofit fund, including but not limited to creating information systems and procedures necessary to collect and distribute designated contributions. The department shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the donate to a Colorado nonprofit fund created in section 39-22-5104 (1).
C.R.S. § 39-11.5-115 — CO Code / Title 39 / Article 11.5 / Section 39-11.5-115
39-11.5-115. Certificate of option for treasurer's deed - assignability
Status: in_force

39-11.5-115. Certificate of option for treasurer's deed - assignability. (1) The treasurer shall prepare, sign, and retain for safekeeping or deliver to the purchaser a certificate of option for treasurer's deed describing the property and confirming, except in the case of the purchaser described in section 39-11.5-101 (14)(c), that payment has been made. The treasurer may charge the purchaser a fee in an amount equal to the amount established in section 38-37-104 (1)(b)(IV) for each such certificate.

(2) The certificate of option for treasurer's deed is assignable by endorsement, and an assignment thereof, when entered upon the record of sales in the offices of the county clerk and recorder and the treasurer, vests in the assignee or the assignee's legal representative all the right and title of the purchaser.

(3) Upon the issuance of a certificate of option, if the lawful holder has not redeemed pursuant to section 39-11.5-111, the treasurer shall disburse the remaining proceeds that the lawful holder is entitled to from the public auction to the lawful holder to receive them.
C.R.S. § 39-3-204 — CO Code / Title 39 / Article 3 / Part 2 / Section 39-3-204
39-3-204. Notice of property tax exemption
Status: in_force

39-3-204. Notice of property tax exemption. No later than May 1, 2013, and no later than May 1 of each year thereafter in which an assessor sends a notice of valuation pursuant to section 39-5-121 (1)(a) that is not included with the tax bill, each assessor shall mail to each residential real property address in the assessor's county notice of the exemption allowed by section 39-3-203 (1). As soon as practicable after January 1, 2014, and as soon as practicable after January 1 of each year thereafter, each county treasurer shall, at the treasurer's discretion, mail or electronically send to each person whose name appears on the tax list and warrant as an owner of residential real property notice of the exemption allowed by section 39-3-203 (1). The treasurer must mail or electronically send the notice in each year on or before the date on which the treasurer mails the property tax statement for the previous property tax year pursuant to section 39-10-103. No later than May 1, 2008, and no later than each May 1 thereafter, each assessor also shall mail to each residential property address in the assessor's county notice of the exemption allowed by section 39-3-203 (1.5). No later than May 1, 2007, the division shall mail to the residential property address of each person residing in the state who the division believes is a qualifying veteran with a disability notice of the exemption allowed by section 39-3-203 (1.5) for the 2007 property tax year. However, the sending of notice to a person by the division does not constitute a determination that the person sent notice is entitled to an exemption. The notice must be in a form prescribed by the administrator, who shall consult with the division before prescribing the form of the notice of the exemption allowed by section 39-3-203 (1.5), and must include a statement of the eligibility criteria for the exemptions, instructions for obtaining an exemption application, and, for applications for exemptions for property tax years commencing on or after January 1, 2024, instructions for obtaining proof of qualifying veteran with a disability status. To reduce mailing costs, an assessor may coordinate with the treasurer of the same county to include notice with the tax statement for the previous property tax year mailed pursuant to section 39-10-103 or may include notice with the notice of valuation mailed pursuant to section 39-5-121 (1)(a).
C.R.S. § 39-22-303.6 — CO Code / Title 39 / Article 22 / Part 3 / Section 39-22-303.6
39-22-303.6. Market-based apportionment of the income of a taxpayer engaged in business - all
Status: in_force

39-22-303.6. Market-based apportionment of the income of a taxpayer engaged in business - allocation of nonapportionable income - rules - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Apportionable income" means:

(I) Any income that would be allocable to this state under the United States constitution, but that is apportioned rather than allocated pursuant to the laws of this state; and

(II) All income that is apportionable under the United States constitution and is not allocated under the laws of this state, including:

(A) Income arising from transactions and activity in the regular course of a taxpayer's trade or business; and

(B) Income arising from tangible and intangible property if the acquisition, management, employment, development, or disposition of the property is or was related to the operation of the taxpayer's trade or business.

(b) "Commercial domicile" means the principal place from which the trade or business of the taxpayer is directed or managed.

(c) "Nonapportionable income" means all income other than apportionable income.

(d) "Receipts" means all gross receipts of the taxpayer that are not allocated under subsection (7) or (9) of this section, and that are received from transactions and activity in the regular course of the taxpayer's trade or business; except that receipts of a taxpayer from hedging transactions and from the maturity, redemption, sale, exchange, loan, or other disposition of cash or securities are excluded.

(e) "State" means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country or political subdivision thereof.

(f) "Taxpayer" means any person that is permitted or required pursuant to another provision of law to apportion and allocate income pursuant to this section.

(2) For income tax years commencing on or after January 1, 2019, a taxpayer shall apportion and allocate the taxpayer's entire net income as provided in this section.

(3) (a) A taxpayer that has no income from business activity outside of Colorado shall allocate all net income to Colorado.

(b) A taxpayer that has income from business activity that is taxable both within and without Colorado shall apportion and allocate the taxpayer's net income as provided in this section.

(c) For purposes of apportionment and allocation of income under this section, a taxpayer's income is taxable in another state if:

(I) In that state, the taxpayer is subject to a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, a corporate stock tax, or any similar tax; or

(II) That state has jurisdiction to subject the taxpayer to a net income tax regardless of whether, in fact, the state subjects the taxpayer to such tax.

(4) (a) A taxpayer's apportionable income shall be apportioned to Colorado by multiplying such apportionable income by a fraction, the numerator of which is the total receipts of the taxpayer in Colorado during the tax period and the denominator of which is the total receipts of the taxpayer everywhere during the tax period.

(b) Notwithstanding any other provision of law, foreign source income that is included in taxable income is not included as receipts of the taxpayer in Colorado for purposes of apportioning apportionable income pursuant to this section.

(5) Receipts from the sales of tangible personal property are in Colorado if:

(a) The property is delivered or shipped to a purchaser in Colorado regardless of the f.o.b. point or other conditions of the sale; or

(b) The property is shipped from an office, store, warehouse, factory, or other place of storage in Colorado and the taxpayer is not taxable in the state to which the property is shipped.

(6) Receipts, other than receipts described in subsection (5) of this section, are in Colorado if the taxpayer's market for the sales is in Colorado. The taxpayer's market for sales is in Colorado if:

(a) In the case of the sale of a service, to the extent the service is delivered to a location in Colorado;

(b) In the case of the sale, rental, lease, or license of real property, to the extent the real property is located in Colorado;

(c) In the case of the rental, lease, or license of tangible personal property, to the extent the tangible personal property is located in Colorado;

(d) In the case of intangible property:

(I) That is rented, leased, or licensed, to the extent the intangible property is used in Colorado, provided that the intangible property utilized in marketing a good or service to a consumer is used in Colorado if that good or service is purchased by a consumer who is in Colorado; or

(II) That is sold, to the extent the intangible property is used in Colorado, provided that:

(A) A contract right, government license, or similar intangible property that authorizes the holder to conduct a business activity in a specific geographic area is used in Colorado if the geographic area includes all or part of Colorado; and

(B) Receipts from intangible property sales that are contingent on the productivity, use, or disposition of the intangible property are treated as receipts from the rental, lease, or licensing of the intangible property under subsection (6)(d)(I) of this section;

(III) All other receipts for sales of intangible property that are not described in subsection (6)(d)(II) of this section are excluded from the numerator and denominator of the apportionment fraction set forth in subsection (4)(a) of this section;

(e) If the state or states of assignment under this subsection (6) cannot be determined, the state or states of assignment must be reasonably approximated; and

(f) With respect to any receipt, if the state of assignment cannot be determined under this subsection (6) or reasonably approximated under subsection (6)(e) of this section, such receipts are excluded from the denominator of the apportionment fraction set forth in subsection (4)(a) of this section.

(7) A taxpayer's rents and royalties from real or tangible personal property, capital gains, interest, dividends, patent or copyright royalties, or other income, to the extent that they constitute nonapportionable income, are allocated as follows:

(a) Net rents and royalties from real property located in Colorado are allocated to Colorado;

(b) (I) Net rents and royalties from tangible personal property are allocated to Colorado:

(A) If and to the extent that the property is utilized in Colorado; or

(B) In their entirety if the taxpayer's commercial domicile is in Colorado and the taxpayer is not organized under the laws of, or the taxpayer's income is not taxable in, the state in which the property is utilized.

(II) For purposes of this subsection (7)(b), the extent of utilization of tangible personal property in Colorado is determined by multiplying the rents and royalties by a fraction, the numerator of which is the number of days of physical location of the property in Colorado during the rental or royalty period in the taxable year and the denominator of which is the number of days of physical location of the property everywhere during all rental or royalty periods in the taxable year. If the physical location of the property during the rental or royalty period is unknown or unascertainable by the taxpayer, tangible personal property is utilized in the state in which the property was located at the time the rental or royalty payer obtained possession.

(c) Capital gains and losses from sales of real property located in Colorado are allocated to Colorado;

(d) Capital gains and losses from sales of tangible personal property are allocated to Colorado if:

(I) The property had a situs in Colorado at the time of the sale; or

(II) The taxpayer's commercial domicile is in Colorado and the taxpayer's income is not taxable in the state in which the property had a situs;

(e) Capital gains and losses from sales of intangible property are allocated to Colorado if the taxpayer's commercial domicile is in Colorado;

(f) Interest and dividends are allocated to Colorado if the taxpayer's commercial domicile is in Colorado;

(g) (I) Patent and copyright royalties are allocated to Colorado if and to the extent that:

(A) The patent or copyright is utilized by the payer in Colorado; or

(B) The patent or copyright is utilized by the payer in a state in which the taxpayer is not taxable and the taxpayer's commercial domicile is in Colorado.

(II) For purposes of this subsection (7)(g), a patent is utilized in a state to the extent that it is employed in production, fabrication, manufacturing, or other processing in the state or to the extent that a patented product is produced in the state. If the basis of the receipts from the patent royalties cannot be reasonably assigned to states or if the accounting procedures do not reflect the states of utilization, the patent is utilized in the state in which the taxpayer's commercial domicile is located.

(III) For purposes of this subsection (7)(g), a copyright is utilized in a state to the extent that printing or other publication originates in the state. If the basis of receipts from copyright royalties cannot be reasonably assigned to states or if the accounting procedures do not reflect the states of utilization, the copyright is utilized in the state in which the taxpayer's commercial domicile is located.

(h) Nonapportionable income that is not otherwise allocated pursuant to this subsection (7) is allocated pursuant to subsection (9) of this section.

(8) Notwithstanding any other provision of this section, for each taxable year commencing on or after January 1, 2019, a taxpayer may elect to treat all income as apportionable income. This election must be made in accordance with rules adopted by the department of revenue and made by the extended due date of the tax return. Once made, the election is irrevocable for the tax year.

(9) (a) (I) If the allocation and apportionment provisions in this section do not fairly represent the extent of business activity in Colorado of taxpayers engaged in a particular industry or in a particular transaction or activity, the executive director may, in addition to the authority provided in subsection (9)(b) of this section, and notwithstanding any other provision in this section, establish appropriate rules, including the application of a variance allowed under subsection (9)(b) of this section on an industry-wide, transaction-wide, or activity-wide basis, for determining alternative allocation and apportionment methods for such taxpayers.

(II) A rule adopted pursuant to this subsection (9)(a) must be applied uniformly; except that, with respect to any taxpayer to whom such rule applies, the taxpayer may petition for, or the executive director may require, adjustment pursuant to subsection (9)(b) of this section.

(b) If the apportionment and allocation provisions of this section do not fairly represent the extent of the taxpayer's business activities in Colorado, the taxpayer may petition for, or the executive director may require, with respect to all or any part of the taxpayer's business activities, if reasonable:

(I) Separate accounting;

(II) The inclusion of one or more additional factors that will fairly represent the taxpayer's business activity in Colorado;

(III) The inclusion of any receipts of a taxpayer otherwise excluded under subsection (1)(d) of this section, including those from hedging transactions or from the maturity, redemption, sale, exchange, loan, or other disposition of cash or securities; or

(IV) The employment of any other method, notwithstanding any other provision of this section, to effectuate an equitable apportionment or allocation of the taxpayer's income, fairly calculated to determine the net income derived from or attributable to sources in Colorado.

(c) (I) The taxpayer petitioning for, or the executive director requiring, the use of any method to effectuate an equitable allocation and apportionment of the taxpayer's income pursuant to subsection (9)(b) of this section shall prove, by a preponderance of the evidence, that:

(A) The allocation and apportionment provisions in this section do not fairly represent the extent of the taxpayer's business activity in Colorado; and

(B) The alternative to such provisions is reasonable.

(II) The same burden of proof applies whether the taxpayer is petitioning for, or the executive director is requiring, the use of any reasonable method to effectuate an equitable allocation and apportionment of the taxpayer's income; except that, if the executive director can show that in any two of the prior five tax years, the taxpayer had used an allocation and apportionment method at variance with its allocation and apportionment method or methods in other tax years, then the executive director does not bear the burden of proof described in subsection (9)(c)(I) of this section in imposing a different method.

(d) If the executive director requires any different method to effectuate an equitable allocation and apportionment of the taxpayer's income pursuant to this subsection (9), the executive director shall not impose any civil or criminal penalty with reference to the tax due that is attributable to the taxpayer's reasonable reliance solely on the allocation and apportionment provisions of this section.

(e) A taxpayer that has received written permission from the executive director to use a reasonable method to effectuate an equitable allocation and apportionment of the taxpayer's income shall not have that permission revoked with respect to transactions and activities that have already occurred unless there has been a material change in, or a material misrepresentation of, the facts provided by the taxpayer upon which the executive director reasonably relied.

(f) If the executive director requires the taxpayer to change its present method of reporting, the executive director shall notify the taxpayer in writing of the reason for the required change. The notice must be made by first-class mail as set forth in section 39-21-105.5 and must be sufficiently particular to give the taxpayer adequate information as to the reasons for the change so that the taxpayer may frame an answer for and defend its present method of reporting if it decides to appeal.

(g) The department of revenue, from time to time, shall publish all rulings of general public interest with respect to any application of this subsection (9).

(h) If requested by the director of research of the legislative council, the executive director shall require taxpayers to provide additional information related to apportionment and allocation of income to support an income tax return for the purpose of providing such information to legislative council staff to improve the accuracy of fiscal notes and reports to the legislature. The executive director shall aggregate such additional information so as to preserve the confidentiality of the taxpayer's information and comply with section 39-21-113.

(10) A bank, savings and loan, credit union, or other taxpayer making or purchasing loans whose only business activity in Colorado is the ownership of property acquired through the process of foreclosure, or was obtained through a procedure exercised in lieu of the entity exercising its right to foreclose, which property is later disposed of within twenty-four months after obtaining ownership, shall directly allocate net income for such property during such time and any gains or losses realized from the sale of such foreclosed property to the state where the property is located. Such limited activities do not render a bank, savings and loan, credit union, or other entity subject to the other allocation and apportionment provisions of this section.

(11) The executive director shall promulgate rules in accordance with article 4 of title 24 to apply and administer this section. Any rules that the executive director promulgated in order to apply and administer section 39-22-303, 39-22-303.5, or 24-60-1301 that may be used to apply and administer this section, including provisions to apply and administer the sales factor for special industries, which are set forth in 1 CCR 201-2, continue to be in effect unless inconsistent with this section or specifically withdrawn by the executive director.

(12) On or before January 1, 2024, the director of the office of economic development shall prepare a report describing the economic impacts related to apportionment and allocation of taxable income pursuant to this section and deliver the report to the finance committees of the senate and house of representatives, or any successor committees.
C.R.S. § 39-28-105 — CO Code / Title 39 / Article 28 / Part 1 / Section 39-28-105
39-28-105. Use of metering machines
Status: in_force

39-28-105. Use of metering machines. (1) The department, if it determines that it is practicable to stamp by imprint or impression on packages of cigarettes by means of a metering machine, may authorize any licensed wholesaler to use any metering machine approved by the department in lieu of requiring the wholesaler to affix stamps to such packages. Such metering machines shall be sealed by the department and shall be used in accordance with rules and regulations prescribed by it. Any wholesaler authorized to use a metering machine shall file with the department evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101, C.R.S., or a bond issued by a surety company authorized to do business in this state in the amount of one thousand dollars, conditioned upon the payment of the tax upon cigarettes so imprinted.

(2) (a) The department may cause each metering machine approved by it to be read and inspected at least once each month. The department shall set the machine to the number of units requested by the wholesaler and shall determine as of the time of setting the amount of tax due from the wholesaler using such machine, after allowing the discount provided in section 39-28-104. The tax for each unit placed on the machine at the time of setting, less any discount that is not otherwise prohibited by paragraph (b) of this subsection (2) to cover the licensed wholesaler's expense in the collection and remittance of such tax, shall be due and payable to the department on or before the tenth day of the month following the month in which the meter is set. If any licensed wholesaler is delinquent in remitting such payment, other than in unusual circumstances shown to the satisfaction of the executive director, the licensed wholesaler shall not be allowed to retain any amounts to cover his or her expense in collecting and remitting said tax, and, in addition, the penalty imposed under section 39-28-108 (2) shall apply.

(b) The tax imposed pursuant to section 39-28-103.5 and section 21 of article X of the state constitution shall not be subject to the discount provided for in paragraph (a) of this subsection (2).
C.R.S. § 39-22-556 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-556
39-22-556. Tax credit for sustainable aviation fuel production facility - tax preference pe
Status: repealed

39-22-556. Tax credit for sustainable aviation fuel production facility - tax preference performance statement - legislative declaration - definitions - repeal. (1) (a) In accordance with section 39-21-304 (1), which requires each bill that creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that the purpose of this tax expenditure is to induce certain designated behavior by taxpayers, specifically the construction of sustainable aviation fuel production facilities in the state, by providing tax relief for certain businesses and individuals that construct or operate these facilities in the state.

(b) The general assembly and the state auditor shall measure the effectiveness of the credit in achieving the purposes specified in subsection (1)(a) of this section based on the information required by and reported to the department pursuant to subsection (7) of this section.

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

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

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

(c) "Qualified taxpayer" means a taxpayer that is an aviation business, a sustainable aviation fuel producer, or an airport.

(d) "Sustainable aviation fuel" has the same meaning as set forth in section 40B (d) of the internal revenue code.

(e) "Sustainable aviation fuel production facility" means:

(I) A facility which produces sustainable aviation fuel; or

(II) A facility directly related to enabling the production or distribution of sustainable aviation fuel as determined under the standards established by the office.

(f) "Taxpayer" means a person subject to tax pursuant to this article 22.

(3) (a) For tax years commencing on or after January 1, 2024, but before January 1, 2033, a qualified taxpayer is allowed a credit against the income tax imposed under this article 22 for an amount of the actual cost paid to construct, reconstruct, or erect a sustainable aviation fuel production facility in the state equal to:

(I) Thirty percent for a facility for which construction begins on or after January 1, 2024, but before January 1, 2027;

(II) Twenty-four percent for a facility for which construction begins on or after January 1, 2027, but before January 1, 2028;

(III) Eighteen percent for a facility for which construction begins on or after January 1, 2028, but before January 1, 2029; and

(IV) Twelve percent for a facility for which construction begins on or after January 1, 2029, but before January 1, 2033.

(b) The credit allowed by subsection (3)(a) of this section is allowed for the tax year in which the sustainable aviation fuel production facility is placed in service.

(4) (a) A qualified taxpayer shall submit an application to the office for a tax credit certificate to claim the credit allowed by this section on a form and in a manner prescribed by the office. The application must include information to allow the office to make a determination that the applicant is a qualified taxpayer and that the amount for which the tax credit certificate is applied is the actual cost paid to construct, reconstruct, or erect a sustainable aviation fuel production facility in the state for which a credit is allowed by this section.

(b) The aggregate amount of all tax credit certificates issued by the office pursuant to this subsection (4) must not exceed one million dollars for the 2024 income tax year, two million dollars per year for the 2025 and 2026 income tax years, and three million dollars per year for income tax years 2027 through 2032.

(c) 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 taxpayer that the office approved for the income tax credit allowed in this section for the preceding calendar year that includes the following information:

(I) The taxpayer's name;

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

(III) The amount of the tax credit certificate.

(5) (a) The office shall develop standards for the approval of qualified taxpayers for which a tax credit under this section is allowed.

(b) The office shall develop standards for the approval of the construction, reconstruction, or erection of a sustainable aviation fuel production facility in the state and for reviewing the cost certification for the costs related to the construction, reconstruction, or erection of the sustainable aviation fuel production facility. In the standards, the office shall determine the manner in which a taxpayer will demonstrate actual costs for purposes of calculating the amount of the tax credit set forth in the tax credit certificate issued by the office to the taxpayer; except that actual costs must not include legal fees, land cost, or design costs.

(c) The standards developed by the office under this subsection (5) must be posted on the office's website.

(6) (a) A qualified taxpayer shall submit a report to the office by the end of the first month after the end of any income tax year in which the qualified taxpayer received a tax credit under this section and shall annually submit a report for three years thereafter reporting sustainable aviation fuel production and total fuel production for the facility.

(b) If the sustainable aviation fuel production of a facility for which a qualified taxpayer was allowed a credit under this section comprises less than sixty percent of the total fuel production of the facility in any of the three taxable years immediately following the taxable year in which the facility was placed in service, the office shall notify the department in writing that the credit allowed in this section must be disallowed for that qualified taxpayer. The qualified taxpayer shall add the amount of the disallowed credit to its return as a recaptured credit for the tax year in which the credit is disallowed pursuant to this subsection (6).

(7) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), for the purpose of providing data that allows the general assembly and the state auditor to measure the effectiveness of the credit created in subsection (3) of this section pursuant to section 39-21-304 (3), the office on or before January 1, 2026, and on or before January 1 of each year thereafter until January 1, 2034, shall submit to the general assembly and the state auditor a report detailing the construction, reconstruction, and erection of sustainable aviation fuel production facilities as reported by qualified taxpayers claiming the credit in this section. The tax credit meets its purpose if the construction, reconstruction, and erection of sustainable aviation fuel production facilities in the state increase significantly in tax years for which the credit is allowed.

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

(9) This section is repealed, effective December 31, 2038.
C.R.S. § 39-22-4706 — CO Code / Title 39 / Article 22 / Part 47 / Section 39-22-4706
39-22-4706. Forms
Status: in_force

39-22-4706. Forms. The department shall establish forms for an account holder to annually report information about a first-time home buyer savings account, including, but not limited to, how the money from the fund is used, and identify any supporting documentation that is required to be maintained. To be eligible for the subtraction in section 39-22-104 (4)(w), an account holder must annually file with his or her state income tax return the completed form, the form 1099 for the account issued by the financial institution, and any other supporting documentation the department requires.
C.R.S. § 39-28.6-111 — CO Code / Title 39 / Article 28.6 / Section 39-28.6-111
39-28.6-111. Prohibited acts - penalties
Status: in_force

39-28.6-111. Prohibited acts - penalties. (1) Beginning January 1, 2021, it is unlawful for any distributor to sell and distribute any nicotine products in this state without a license as required in section 39-28.6-105, or to willfully make any false or fraudulent return or false statement on any return, or to willfully evade the payment of the tax, or any part thereof, as imposed by this article 28.6. Any distributor or agent thereof who willfully violates any provision of this article 28.6 is subject to punishment as provided by section 39-21-118.

(2) (a) If a person neglects or refuses to make a return as required by this article 28.6 and no amount of tax is due, the executive director of the department shall impose a penalty in the amount of twenty-five dollars.

(b) If a person fails to pay the tax in the time allowed in section 39-28.6-107, a penalty equal to ten percent of the tax plus one-half of one percent per month from the date when due, together with interest on such delinquent taxes at the rate computed under section 39-21-110.5, applies.

(c) In computing and assessing the penalty, penalty interest, and interest pursuant to subsection (2)(b) of this section, the executive director of the department may make an estimate, based upon information as may be available, of the amount of taxes due for the period for which the taxpayer is delinquent.
C.R.S. § 39-27-110 — CO Code / Title 39 / Article 27 / Part 1 / Section 39-27-110
39-27-110. Inspection of records
Status: in_force

39-27-110. Inspection of records. (1) Every distributor of gasoline shall keep a true and complete record of all purchases, acquisitions, sales, and distribution of each kind of gasoline handled by the distributor, as to which a record of the total volume of sales and deliveries shall be kept for each calendar month. Every person carrying, transporting, importing, or delivering into or within this state gasoline shall keep true and correct records of shipments of gasoline for each calendar month. Every blender of gasoline shall keep true and accurate records of all blended gasoline on hand, acquired, sold, used, or otherwise disposed of. All the books, records, papers, receipts, invoices, and equipment of every distributor, carrier, or blender that pertain to the acquisition, sale, or shipment of gasoline shall be retained for a period of three years and shall be subject to inspection at any time during ordinary business hours by the executive director or representatives of the department of revenue. Any information gained by the executive director or the director's representatives by the investigation shall be confidential and any person divulging the information, except as such disclosure may be rendered necessary by law, shall be subject to penalties provided in this part 1.

(2) In order that the amount of taxable gasoline may be accurately determined by the department of revenue, every refiner or blender of gasoline in the state of Colorado shall maintain full and complete records of all purchases of whatever kind and of all crude runs, still charges, pumping operations, distillation processes, blending operations, treating operations, transfers of stock, invoices, and any other records as are necessary to determine the correct gallonage, and such additional information as the department of revenue may from time to time require. Every refiner of gasoline shall keep a complete record of all sales made and copies of all refinery invoices and shall submit to the executive director of the department of revenue a report of all such invoices in a form and manner as is prescribed by the executive director. Such records shall be available for inspection by authorized employees of the department of revenue during ordinary business hours.

(3) (a) Every distributor of special fuel shall keep a true and complete record of all purchases, receipts, sales, and distribution of each kind of special fuel handled by such distributor. Every person authorized by the executive director of the department of revenue to purchase special fuel ex-tax from a distributor shall keep a true and complete record of all purchases of each kind of special fuel consumed by motor vehicles operating on the highways of this state and the miles traveled by such vehicles on highways, both within and outside this state. Every person carrying, transporting, importing, or delivering into or within this state special fuel shall keep true and correct records of such shipments for each calendar month. Every refiner in this state shall keep a true and complete record of all sales made of special fuel and copies of all refiner invoices detailing such sales.

(b) Each sale or transfer of special fuel by a distributor to any person shall be recorded upon a preprinted, serially numbered invoice, which shall contain at least the following information:

(I) The name and address of the distributor;

(II) The name and department of revenue identification of the purchaser;

(III) The date of sale or transfer;

(IV) The amount of special fuel sold, price per unit volume, and total amount of the sale.

(c) Each sale or transfer of special fuel by a vendor into the tank of a motor vehicle weighing more than ten thousand pounds shall be recorded upon a preprinted, serially numbered invoice, a copy of which shall be furnished the purchaser and shall contain at least the following information:

(I) The name and address of the vendor;

(II) The date of sale;

(III) The amount of special fuel sold, price per unit volume, and total amount of the sale;

(IV) A description of the motor vehicle sufficiently detailed to identify the motor vehicle into which such special fuel was delivered.

(d) A serially numbered invoice for the sale or transfer of liquefied petroleum gas required under paragraphs (b) and (c) of this subsection (3) does not have to be preprinted.

(4) All the books, records, papers, receipts, invoices, and equipment of every vendor, distributor, carrier, user, refiner, or other person that pertain to the receipt, sale, or shipment of special fuel shall be subject to inspection at any time during regular business hours by the executive director of the department of revenue or the executive director's representative. Any information gained by the executive director or the director's representatives by the investigation shall be confidential and any person divulging the information, except as such disclosure may be rendered necessary by law, shall be subject to penalties provided in this part 1.

(5) The executive director of the department of revenue may, under rules and procedures adopted by the executive director, establish the format under which the records required by this section are to be maintained, adjust the record-keeping requirements of distributors of liquefied petroleum gases, and require such other information as the executive director deems necessary for the proper administration of this part 1. The records required by this section shall be retained for a period of at least three years.

(6) The fact that any books, papers, records, and equipment required to be maintained by this section are not maintained in this state shall not cause the executive director of the department of revenue or representatives of the executive director to lose any right of such examination.

(7) Upon written request by a local government official conducting information gathering or an official investigation related to an alleged violation of this part 1, a distributor shall disclose to a local government official any books, papers, or records required to be maintained by this section. Any information disclosed pursuant to this subsection (7) shall be confidential and any person divulging the information, except as such disclosure may be rendered necessary by law, shall be subject to penalties provided in this part 1.
C.R.S. § 39-22-104.5 — CO Code / Title 39 / Article 22 / Part 1 / Section 39-22-104.5
39-22-104.5. Pretax payments - catastrophic health insurance - repeal
Status: repealed

39-22-104.5. Pretax payments - catastrophic health insurance - repeal. (1) For income tax years commencing on or after January 1, 1995, and prior to January 1, 2025, amounts withheld from an individual's wages that are used to pay for catastrophic health insurance pursuant to and within the limitations prescribed by section 10-16-116, are excluded from the individual's federal taxable income for purposes of the state income tax imposed by section 39-22-104.

(2) This section is repealed, effective December 31, 2028.
C.R.S. § 39-26-123.1 — CO Code / Title 39 / Article 26 / Part 1 / Section 39-26-123.1
39-26-123.1. Credit of sales and use tax receipts to Colorado water conservation board constr
Status: repealed

39-26-123.1. Credit of sales and use tax receipts to Colorado water conservation board construction fund - terminates July 1, 1982 - repeal. (Repealed)
C.R.S. § 39-26-734 — CO Code / Title 39 / Article 26 / Part 7 / Section 39-26-734
39-26-734. Rebuilding from declared wildfire disaster - tax preference performance statemen
Status: repealed

39-26-734. Rebuilding from declared wildfire disaster - tax preference performance statement - 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 purpose of the exemption allowed by this section is to provide tax relief for certain individuals;

(b) The specific legislative purpose of the exemption allowed by this section is to provide financial relief to Coloradans recovering and rebuilding from declared wildfire disasters; and

(c) The general assembly and the state auditor shall measure the effectiveness of the exemption allowed by this section based on the number of wildfire exemption certificates issued pursuant to subsection (5) of this section, the number and amount of all refund claims allowed pursuant to this section, and an estimate by the state auditor of the proportion of homeowners affected by declared wildfire disasters who benefitted from the exemption in the rebuilding or repairing of their homes.

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

(a) "Building permit" means the document or documents issued by a local government to a qualified homeowner showing the estimated amount of use tax collected, if any, in connection with rebuilding or repairing the qualified homeowner's qualified residential structure.

(b) "Declared wildfire disaster" means a wildfire that was declared a disaster emergency by the governor pursuant to section 24-33.5-704 (4) on or after January 1, 2020, but before January 1, 2023.

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

(d) "Estimated construction and building materials cost" means the cost amount used by the local government to collect estimated use tax in connection with the issuance of a building permit. If no estimated use tax has been collected, "estimated construction and building materials cost" means half of the total contract price or total cost for rebuilding or repairing a qualified residential structure.

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

(f) "Local government" means a county, city and county, or municipality.

(g) "Qualified homeowner" means a homeowner that is rebuilding or repairing or has employed a contractor to rebuild or repair a qualified residential structure that the homeowner owned at the time of a declared wildfire disaster.

(h) "Qualified residential structure" means a residential structure that was damaged or destroyed by a declared wildfire disaster.

(i) "Wildfire rebuild exemption certificate" means a written certification provided by a local government to a qualified homeowner that certifies that one or more building permits specifically identified therein have been issued to the qualified homeowner for rebuilding or repairing a qualified residential structure.

(3) (a) The sale, storage, use, or consumption of construction and building materials used directly in rebuilding or repairing a qualified homeowner's qualified residential structure is exempt from taxation under parts 1 and 2 of this article 26 as set forth in this section.

(b) The exemption created in subsection (3)(a) of this section shall be administered solely as a refund allowed to qualified homeowners to be applied for in accordance with this section and section 39-26-703. No retailer may exempt any sale pursuant to this section.

(c) The exemption created in subsection (3)(a) of this section applies only to the state sales and use taxes levied pursuant to this article 26. Notwithstanding any other provision of law, the exemption shall not apply to the sales or use taxes levied by any local government, including any city, town, county, special purpose district, or limited purpose governmental entity; except that this subsection (3)(c) does not apply to the regional transportation district established by article 9 of title 32 or the scientific and cultural facilities district established by article 13 of title 32.

(4) (a) A qualified homeowner may claim a refund allowed pursuant to subsection (3) of this section for each qualified residential structure for which the qualified homeowner obtains a building permit and a wildfire rebuild exemption certificate issued by a local government in accordance with subsection (5) of this section.

(b) The amount of a refund claimed pursuant to this section shall be equal to four percent of the estimated construction and building materials cost for repairing or rebuilding the qualified residential structure that is the subject of the building permit and wildfire rebuild exemption certificate.

(c) A qualified homeowner must submit a claim for refund on the form and in the manner prescribed by the executive director. The claim for refund must include the wildfire rebuild exemption certificate issued in accordance with subsection (5) of this section and a true and correct copy of each building permit identified in the wildfire rebuild exemption certificate.

(d) The three-year application deadline in section 39-26-703 (2)(d) for a sales tax refund or refund of any use tax collected by a vendor does not apply to a claim for refund made pursuant to this section. A claim for refund made pursuant to this section must be filed on or before June 30, 2028.

(5) (a) The local government with jurisdiction to issue a building permit in an area affected by a declared wildfire disaster may issue a wildfire rebuild exemption certificate to a qualified homeowner. A wildfire rebuild exemption certificate must clearly identify the qualified homeowner, the contractor employed by the homeowner, if applicable, and each building permit issued by the local government to the qualified homeowner for rebuilding or repairing a qualified residential structure.

(b) To obtain a wildfire rebuild exemption certificate, a homeowner must certify, in a form prescribed by the executive director, that:

(I) The homeowner was the owner of each qualified residential structure to be rebuilt or repaired at the time the structure was damaged or destroyed by the declared wildfire disaster; and

(II) The replacement cost for each qualified residential structure to be rebuilt or repaired exceeds the homeowner's coverage under any homeowner's insurance policy associated with the structure.

(c) On or before September 30, 2023, and on or before September 30 of each calendar year thereafter through September 30, 2025, a local government shall provide the department with an electronic report of the number of wildfire rebuild exemption certificates issued by the local government for the preceding calendar year.

(6) The executive director shall:

(a) Provide a form for the wildfire rebuild exemption certificate to the proper official of the local government with jurisdiction to issue a building permit in an area after determining that the area was affected by a declared wildfire disaster;

(b) Modify existing forms or create new forms as necessary to facilitate refund claims made pursuant to this section; and

(c) Adopt rules for the administration and enforcement of this section.

(7) In making a refund or allowing a credit pursuant to section 39-26-703, the department shall prioritize applications for refunds submitted pursuant to this section over refund applications submitted pursuant to other provisions of law.

(8) This section is repealed, effective July 1, 2028.
C.R.S. § 39-5-126 — CO Code / Title 39 / Article 5 / Part 1 / Section 39-5-126
39-5-126. Wrongful return by assessor
Status: in_force

39-5-126. Wrongful return by assessor. Whenever any assessor willfully and knowingly omits any taxable property in his county from the assessment roll, or willfully and knowingly values any taxable property in his county contrary to the manner prescribed by law, and willfully and knowingly subscribes and swears to an abstract of assessment reflecting such omissions and containing such unlawful valuations, he is guilty of perjury in the second degree and, upon conviction thereof, shall be punished according to law.
C.R.S. § 39-11-137 — CO Code / Title 39 / Article 11 / Section 39-11-137
39-11-137. Validation of acknowledgments of tax deeds
Status: in_force

39-11-137. Validation of acknowledgments of tax deeds. Any tax deed executed by a treasurer pursuant to section 39-11-135, if acknowledged in conformity with the provisions of section 38-35-101, C.R.S., shall be considered for all purposes as having been properly acknowledged, and such acknowledgment shall carry with it the presumptions provided for by section 38-35-101, C.R.S.
C.R.S. § 39-22-114.5 — CO Code / Title 39 / Article 22 / Part 1 / Section 39-22-114.5
39-22-114.5. Tax credit for investment in technologies for recycling plastics - repeal
Status: repealed

39-22-114.5. Tax credit for investment in technologies for recycling plastics - repeal. (1) For income tax years commencing prior to January 1, 2023, there shall be allowed to each resident individual, as a credit against the income taxes imposed by this article 22, a plastic recycling credit equal to twenty percent of net expenditures to third parties for rent, wages, supplies, consumable tools, equipment, test inventory, and utilities up to ten thousand dollars made by the taxpayer for new plastic recycling technology in Colorado, with a maximum credit of two thousand dollars. The tax credit allowed in this section shall be applicable only to income related to the expenditures described in this subsection (1).

(2) If the credit allowed under this section exceeds the income taxes otherwise due on the claimant's income, the amount of the credit not used as an offset against income taxes may be carried forward as a tax credit against subsequent years' income tax liability for a period not exceeding five years and shall be applied first to the earliest years possible.

(3) Any form filed with the department of revenue for the purpose of claiming the credit allowed by this section shall be accompanied by copies of any receipts, bills, or other documentation of the qualified expenditures claimed for the purpose of receiving such credit.

(4) This section is repealed, effective July 1, 2029.
C.R.S. § 39-7-103 — CO Code / Title 39 / Article 7 / Section 39-7-103
39-7-103. Surface and subsurface equipment valued separately
Status: in_force

39-7-103. Surface and subsurface equipment valued separately. All surface oil and gas well equipment and submersible pumps and sucker rods located on oil and gas leaseholds or lands shall be separately valued for assessment as personal property, and such valuation may be at an amount determined by the assessors of the several counties of the state, approved by the administrator, and uniformly applied to all such equipment wherever situated in the state. All other subsurface oil and gas well equipment, including casing and tubing, shall be valued as part of the leasehold or land under section 39-7-102.
C.R.S. § 39-22-1302 — CO Code / Title 39 / Article 22 / Part 13 / Section 39-22-1302
39-22-1302. Contributions credited to homeless prevention activities program fund - creation
Status: repealed

39-22-1302. Contributions credited to homeless prevention activities program fund - creation - appropriation. (1) The department of revenue shall determine annually the total amount designated pursuant to section 39-22-1301 and shall report such amount to the state treasurer. The state treasurer shall credit such amount to the homeless prevention activities program fund, a cash fund hereby established in the state treasury. All moneys in the homeless prevention activities program fund at the end of a fiscal year, after appropriations made pursuant to subsection (3) of this section, are designated for the purposes set forth in article 7.8 of title 26, C.R.S., and shall not revert to the general fund. Any interest earned on moneys in the fund shall remain in the fund to be used for the purposes of article 7.8 of title 26, C.R.S. At the end of each fiscal year, the state treasurer shall transfer all designated moneys in the fund and all interest earned through the investment of fund moneys to the division of housing within the department of local affairs created in section 24-32-704, C.R.S., for distribution as directed by the advisory committee pursuant to article 7.8 of title 26, C.R.S.

(2) (Deleted by amendment, L. 91, p. 1947, § 6, effective April 17, 1991.)

(3) The general assembly shall appropriate annually from the homeless prevention activities program fund:

(a) (Deleted by amendment, L. 91, p. 1947, § 6, effective April 17, 1991.)

(b) To the department of revenue its costs of administering the income tax refunds designated as contributions to the fund.

(c) Repealed.

(4) The amount of administrative and indirect costs assessed under this section shall be based on the number of FTE allocated by each department referenced in this section for the administration of this part 13, expressed as a percentage of the total FTE of that department. In no case shall the administrative and indirect costs assessed exceed this percentage.

(5) The division of housing within the department of local affairs created in section 24-32-704, C.R.S., is authorized to spend up to five percent of all voluntary contributions to the homeless prevention activities program fund or fifteen thousand dollars, whichever is greater, for costs incurred in administering such program.
C.R.S. § 39-10-106 — CO Code / Title 39 / Article 10 / Section 39-10-106
39-10-106. Payment of taxes on fractional interests in lands
Status: in_force

39-10-106. Payment of taxes on fractional interests in lands. (1) Where oil, gas, or other hydrocarbon wells or fields belonging to multiple owners are operated as a unit, the owner of each fractional interest in such units shall be liable for the same proportion of the tax levied against the total unit that his net taxable revenues received therefrom bears to the total net taxable revenues received from such unit. In the event a fractional interest owner who takes production in kind does not provide the information to the operator which is required under section 39-7-101 (1.5), such fractional interest owner's tax liability shall be calculated using the net taxable revenues reported by the operator.

(2) The unit operator shall collect from the owners of the fractional interests and remit to the treasurer of the county in which the unit is located the tax levied against the entire unit. The unit operator may deduct and withhold from royalty payments or any other payments made to any fractional interest owner, either in kind or in money, the estimated amount of the tax to be paid by such fractional interest owner. Any difference between the estimated tax so withheld and the actual tax payable by any owner of a fractional interest may be accounted for by adjustments in royalty or other payments made to such owner subsequent to the time the actual tax is determined. Failure of the unit operator to remit to the treasurer the tax levied against the entire unit shall make the unit operator liable for such tax.

(3) At the request of any unit operator who does not disburse payments to fractional interest owners, the first purchaser shall collect the tax from the fractional interest owners as provided for in this section and transfer such proceeds to the unit operator who shall in turn be responsible for remitting to the treasurer the total tax levied against the entire unit.

(3.5) (a) Except as otherwise provided in paragraph (b) of this subsection (3.5), the unit operator shall place in an account in a federally insured bank or savings and loan association located in the state of Colorado which requires two signatures, one of which shall be the signature of the county treasurer of the county in which the unit is located, in order to make a withdrawal, an amount equal to the tax collected from the owners of fractional interests in the unit by the unit operator pursuant to the provisions of this section plus the proportional share of tax levied on the fractional interest in the unit owned by the unit operator. Such account shall be owned by the owners of fractional interests in the unit, but the unit operator shall be responsible for managing such account. The moneys shall be deposited in such account within thirty days from the date the unit operator receives payment for the sale of any oil or gas from such lease.

(b) The treasurer may waive the requirement of placing the tax in such account or fund as required in paragraph (a) of this subsection (3.5) and allow the unit operator to file a statement with the treasurer declaring that a sufficient amount of moneys or other assets is available to ensure the payment of the tax if:

(I) The unit operator has made timely payment of the tax to the treasurer during the previous three property tax years;

(II) The unit operator has been in operation in the county for less than three property tax years and has made timely payment of the tax to the treasurer during such period of time; or

(III) The unit operator has been in operation in the county for less than one property tax year.

(c) Upon the completion of all production of oil and gas from the unit and after all wells within the unit are plugged and abandoned, all moneys remaining in the account after full payment of all ad valorem taxes due on the unit shall be distributed to the owners of fractional interests in the unit based upon each owner's proportional contribution to the moneys remaining in the account. Any interest accruing to the account shall be credited to the account and shall be distributed with such other moneys in the account as specified in this paragraph (c).

(4) (a) Failure of the unit operator or first purchaser to collect the tax as provided in this section shall not preclude the treasurer from utilizing lawful collection and enforcement remedies and procedures against the owner of any fractional interest to collect the tax owed by such owner; but an owner shall not be subject to penalty or interest upon the tax owed unless he fails to remit such tax within twenty days after notification to him by the treasurer of the default of the first purchaser or unit operator.

(b) (I) When the tax has been collected from the owners of fractional interests by the unit operator pursuant to the provisions of this section but the unit operator fails to remit such tax collected, the unit operator shall remain liable for the amount of tax owed. The treasurer shall send a notice by registered mail to the first purchaser of the amount of such delinquent taxes and the name of the unit operator owing such delinquent tax. After receiving such notice, the first purchaser shall withhold payments to the unit operator owing the taxes of any of the proceeds of the sale of any oil and gas from such lease. The first purchaser shall remit such withheld payments to the treasurer until the amount of such taxes and penalties are paid in full, after which the first purchaser may resume such payments to the unit operator for such oil and gas.

(II) If the first purchaser fails to collect the tax after receiving notice from the treasurer pursuant to the provisions of this paragraph (b) or when the tax has been collected by the first purchaser pursuant to the provisions of this section but the first purchaser fails to transfer the tax to the unit operator pursuant to subsection (3) of this section or to the treasurer pursuant to subparagraph (I) of this paragraph (b), the first purchaser shall remain liable for the amount of tax owed. The treasurer may utilize lawful collection and enforcement remedies and procedures against any first purchaser to collect the amount of such taxes and penalties owed by such first purchaser.

(III) The tax liability of the owner of any fractional interest in such unit whose proportionate share of tax was withheld from royalty or working interest payments by the unit operator or the first purchaser but was not remitted by the unit operator or by the first purchaser to the treasurer shall be deemed satisfied to the extent of the amount withheld, and such owner shall not be subject to any collection and enforcement remedies and procedures provided by law for the collection of such delinquent tax for which an amount was withheld from royalty or working interest payments pursuant to the provisions of this section. Any unit operator or first purchaser who has collected the tax from the fractional interest owners pursuant to the provisions of this section but has failed to remit such tax collected commits a class 2 misdemeanor.

(IV) Upon audit, the unit operator shall not be liable for any tax or any penalty interest levied against any amount of production taken in kind from the property for which the fractional interest owner taking production in kind provided inaccurate information regarding net taxable revenues to be used for tax reporting.

(4.5) (a) If the unit operator fails to remit the proportional share of tax levied on the fractional interest in the unit owned by the unit operator, the treasurer shall send a notice by registered mail to the first purchaser of the name of the unit operator owing such tax and the amount the first purchaser shall withhold from any of the unit operator's proceeds of the sale of any oil and gas from such lease. After receiving such notice, the first purchaser shall withhold payments to the unit operator of any of the proceeds of the sale of any oil and gas from such lease. The first purchaser shall remit such withheld payments to the treasurer until the amount of such tax and penalties are paid in full, after which the first purchaser may resume such payments to the unit operator for such oil and gas.

(b) The tax liability of the unit operator whose proportional share of tax levied on the fractional interest in the unit owned by the unit operator was withheld from payments by the first purchaser pursuant to paragraph (a) of this subsection (4.5) but was not remitted by the first purchaser to the treasurer shall be deemed satisfied to the extent of the amount withheld, and such unit operator shall not be subject to any collection and enforcement remedies and procedures provided by law for the collection of such delinquent tax for which an amount was withheld by a first purchaser from oil and gas sale proceeds pursuant to the provisions of this section.

(c) If the first purchaser fails to collect the tax or when the tax has been collected by the first purchaser pursuant to the provisions of this subsection (4.5) but the first purchaser fails to transfer the tax to the treasurer pursuant to paragraph (a) of this subsection (4.5), the first purchaser shall remain liable for the amount of tax owed. The treasurer may utilize lawful collection and enforcement remedies and procedures against any first purchaser to collect the amount of such taxes and penalties owed by such first purchaser.

(5) For the purposes of this section, "unit" means any single oil, gas, or other hydrocarbon well or field which has multiple ownership, or any combination of oil, gas, or other hydrocarbon wells, fields, and properties consolidated into a single operation, whether by a formal agreement or otherwise; "owner" means the holder of any interest or interests in such properties or units, including royalty interest; and "first purchaser" means either the first purchaser to buy oil or gas from a new producing well or the current purchaser of oil or gas from a producing well.
C.R.S. § 39-3.5-113 — CO Code / Title 39 / Article 3.5 / Section 39-3.5-113
39-3.5-113. Voluntary repayment of loans for deferred tax
Status: in_force

39-3.5-113. Voluntary repayment of loans for deferred tax. (1) Subject to subsection (2) of this section, all or part of a loan for deferred taxes and accrued interest may, at any time, be paid by the taxpayer, his or her spouse, guardian, conservator, attorney-in-fact, personal representative, next of kin, heir-at-law, or child, or any person having or claiming a legal or equitable interest in the property. If the deferred tax lien is paid, in whole or in part, by a mortgagee or the beneficiary of a deed of trust or seller under contract, the amount paid may be added to the unpaid balance of the mortgage or deed of trust but shall be added to the last payment due under said mortgage or deed of trust or contract, without amortization.

(2) Any payment made under this section shall be applied first to accrued interest and then to a loan for deferred taxes. Such payment does not affect the deferred tax status of the property. Voluntary payment does not give the person paying the taxes any interest in the property.
C.R.S. § 39-21-119.5 — CO Code / Title 39 / Article 21 / Part 1 / Section 39-21-119.5
39-21-119.5. Mandatory electronic filing of returns - mandatory electronic payment - penalty
Status: repealed

39-21-119.5. Mandatory electronic filing of returns - mandatory electronic payment - penalty - waiver - definitions. (1) For purposes of this section, "return" means any report, claim, tax return statement, or other document required or authorized under articles 11 and 25 of title 29, article 11 of title 30, articles 22, 26, 27, 28, 28.5, 28.6, 28.8, 29, and 37 of this title 39, article 2 of title 40, article 3 of title 42, article 4 of title 43, and title 44, and any form, statement report, or other document prescribed by the executive director for reporting a tax liability, a fee liability, or other information required to be returned to the executive director, including the reporting of changes or amendments thereto, and any schedule certification, worksheet, or other document required to accompany the return.

(2) Except as provided in subsection (6) of this section, the executive director may, as specified in subsection (3) of this section, require the electronic filing of returns and require the payment of any tax or fee due by electronic funds transfer for the following:

(a) Any income tax return required for:

(I) A C corporation pursuant to section 39-22-601 (2);

(II) An S corporation pursuant to section 39-22-601 (2.7), including the information reports required by section 39-22-601 (2.7)(b), composite returns filed on behalf of nonresident shareholders, and agreements filed under section 39-22-601 (2.7)(e);

(III) A fiduciary pursuant to section 39-22-601 (3), including withholding for nonresident beneficiaries pursuant to section 39-22-601 (4);

(IV) A partnership pursuant to section 39-22-601 (5.5), including the information reports required by section 39-22-601 (5.5)(b), composite returns filed on behalf of nonresident partners, and agreements filed under section 39-22-601 (5.5)(e); and

(V) A person or organization exempt from tax pursuant to section 39-22-601 (7).

(b) Any payment of income tax required by:

(I) Withholding for transfers of Colorado real property pursuant to section 39-22-604.5;

(II) Estimated payments by a C corporation pursuant to section 39-22-606; and

(III) Income tax payments due with return filing pursuant to section 39-22-609, but not for individuals who are required to file a return pursuant to section 39-22-601 (1);

(c) Any remittance of wage withholding required to be made by an employer pursuant to section 39-22-604 that is not already required to be remitted electronically pursuant to subsection (4)(g) of this section;

(d) Any withholding of income report required to be filed for any oil and gas interest pursuant to section 39-29-111;

(e) Any severance tax return from any oil and gas interest required to be filed pursuant to section 39-29-112;

(f) Any sales tax return required to be filed pursuant to section 39-26-105;

(g) Any sales tax return required to be filed by a person with a direct payment permit issued pursuant to section 39-26-103.5;

(h) Any use tax return to be filed and payment required to be paid pursuant to sections 39-26-204 (1)(a) or (2);

(i) Any motor fuel tax or fee return required to be filed and payment required to be made pursuant to section 39-27-303;

(j) and (k) Repealed.

(l) Any public utility return required to be filed pursuant to section 40-2-111 and the payment required to be made pursuant to section 40-2-113;

(m) Any passenger-mile tax return to be filed and payment required to be made pursuant to section 42-3-308;

(n) Any liquor excise tax return required to be filed and payment required to be made pursuant to section 44-3-503 (3);

(o) Any direct shipper return required to be filed pursuant to section 44-3-503 (5) and the payment required to be made pursuant to section 44-3-503 (6);

(p) Any county lodging tax return required to be filed and payment required to be made pursuant to section 30-11-107.5;

(q) Any marketing and promotion tax return required to be filed and payment required to be made pursuant to section 29-25-112 (1)(b)(I);

(r) Any daily vehicle rental fee report required to be filed and payment required to be made pursuant to section 43-4-804 (1)(b)(II);

(s) Any prepaid wireless 911 charge report required to be filed and payment required to be made pursuant to section 29-11-102.5 (3);

(t) Any prepaid wireless telecommunications relay service charge report required to be filed and payment required to be made pursuant to section 29-11-102.7 (3); and

(u) Any retail delivery fee or enterprise retail delivery fees return required to be filed pursuant to section 43-4-218 (6).

(3) The executive director shall promulgate rules in accordance with article 4 of title 24 to implement mandatory electronic filing and electronic funds transfers for the returns and payments described in subsection (2) of this section for taxable periods beginning on and after January 1, 2020, or on and after the date when the executive director establishes a system for electronic filing and electronic funds transfers, whichever occurs later. Mandatory electronic filing and mandatory payment by electronic funds transfers must be staggered for each tax type over a period of not less than three years, must begin with large taxpayers, and may allow additional time for small taxpayers to comply. The thresholds for each implementation group shall be determined by the executive director in his or her discretion.

(4) Except as provided in subsection (6) of this section, on and after August 2, 2019, electronic filing of returns and the payment of any tax or fee by electronic funds transfer is required for the following:

(a) Any income tax return claiming an enterprise zone credit required to be filed pursuant to section 39-30-111;

(b) Any withholding of income required to be made from any oil and gas interest pursuant to section 39-29-111;

(c) Any sales tax remittance required to be paid pursuant to section 39-26-105.5;

(d) (I) Any gasoline or special fuel report required to be filed pursuant to section 39-27-105;

(II) Any road usage fee report or bridge and tunnel impact fee report required to be filed with a gasoline or special fuel report pursuant to section 43-4-217 (7);

(e) Any retail marijuana excise tax return required to be filed and payment required to be made pursuant to section 39-28.8-304;

(f) Any retail marijuana sales tax return required to be filed and payment required to be paid pursuant to section 39-28.8-202;

(g) Any remittance of wage withholding required to be made pursuant to section 39-22-604 by an employer whose annual estimated wage withholding tax liability exceeds fifty thousand dollars;

(h) Any cigarette excise tax return required to be filed and payment required to be made pursuant to article 28 of this title 39;

(i) Any tobacco products excise tax return required to be filed and payment required to be made pursuant to article 28.5 of this title 39;

(j) Any nicotine products tax return required to be filed and payment required to be paid pursuant to article 28.6 of this title 39;

(k) Any clean fleet per ride fee and air pollution mitigation per ride fee return required to be filed and payment required pursuant to section 40-10.1-607.5;

(l) Any quarterly report for the advance payment of an income tax credit required to be filed pursuant to section 39-22-629 (2)(b);

(m) Any production fee for wildlife and land remediation and production fee for clean transit return required to be filed and payment required to be made pursuant to article 61 of title 33 and section 43-4-1204;

(n) The information return from long-term care employers required to be filed pursuant to section 39-22-566 (5); and

(o) Any firearms and ammunition excise tax return required to be filed and any payment of tax required to be remitted pursuant to article 37 of this title 39.

(5) (a) If any person fails or refuses to file a return electronically as specified in this section, the department shall collect a penalty of fifty dollars for such failure or five percent of the proper amount of tax on such return, whichever is greater.

(b) If any person fails to pay by electronic funds transfer any tax or fee, including any addition to tax, due to the executive director as specified in this section, the department shall collect a penalty of fifty dollars for such failure or five percent of the proper amount of tax on such return, whichever is greater.

(c) As used in subsections (5)(a) and (5)(b) of this section, "tax" means the net amount of tax shown to be due on the return filed by the taxpayer and reduced by the amount of any credit against the tax which may be claimed on the return. If the penalties provided for in subsections (5)(a) and (5)(b) of this section both apply, only the larger of the two penalties may be assessed.

(d) (I) Any tax preparer preparing a tax return shall be required to file returns electronically and pay any tax or fee by electronic funds transfers if the taxpayer is required to do so pursuant to this section.

(II) A penalty assessed against the taxpayer pursuant to subsection (5)(a) or (5)(b) of this section must be assessed against the taxpayer and may not be assessed against the tax preparer.

(e) A penalty assessed against the taxpayer pursuant to subsection (5)(a) or (5)(b) of this section are assessed, collected, and paid in the same manner as the tax or fee to which such penalty relates.

(f) The executive director may waive for good cause shown any penalty assessed pursuant to this subsection (5).

(6) (a) Any person who is required to file returns electronically or make the payment of any tax or fee by electronic funds transfer pursuant to this section may apply to the executive director, on a form prescribed by the department, for an annual waiver from the requirements set forth in this section. The executive director may grant a request for a waiver, and may grant a renewal request for one subsequent year, if any of the following apply:

(I) The taxpayer does not have a computer;

(II) The taxpayer does not have internet access; or

(III) The taxpayer shows good cause for why the filing of returns electronically or making the payment of any tax or fee by electronic funds transfer would cause undue hardship.

(b) The executive director may waive the requirement to file returns electronically if the return cannot be filed electronically for reasons beyond the taxpayer's control, including situations in which the taxpayer is instructed by either the internal revenue service or the department to file by paper.

(c) The executive director shall not require any taxpayer required to remit a tax by electronic funds transfers to remit the tax prior to the deadline specified for taxpayers who remit the tax by other means; except that the executive director may require a taxpayer to remit a tax by electronic funds transfers at an earlier hour on the day of the deadline for making a return and paying the tax due than taxpayers who remit the tax by other means.

(7) (a) In order to induce the electronic payment of taxes and fees administered under section 39-21-102, the executive director may deduct processing costs from the payment in lieu of imposing a convenience fee, and if the processing costs are deducted from the payment, the executive director shall credit the full amount of the payment collected to the taxpayer's account. Processing costs may be deducted by the executive director under this subsection (7) regardless of if electronic payment is mandated under this section.

(b) Notwithstanding any provision to the contrary, if the executive director deducts processing costs pursuant to this subsection (7), the state treasurer shall credit the full amount of the payment collected less the deducted processing costs to the appropriate fund.

(c) If the executive director is required to distribute payment to a local government, the executive director shall deduct the processing costs from state revenue and shall not reduce the amount distributed to the local government.

(d) As used in this subsection (7):

(I) "Convenience fee" means the convenience fee that a state governmental entity is authorized to impose on a person that uses alternative forms of payment under section 24-19.5-103 (3).

(II) "Processing costs" means the actual costs incurred by the department to process a transaction by an alternative form of payment for which the department is authorized to impose a convenience fee.
C.R.S. § 39-22-517 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-517
39-22-517. Tax credit for child care center investments - repeal
Status: repealed

39-22-517. Tax credit for child care center investments - repeal. (1) With respect to taxable years commencing on or after January 1, 1992, and prior to January 1, 2026, there is allowed to any person operating a child care center licensed pursuant to section 26-6-905 or 26.5-5-309, family child care home licensed pursuant to section 26.5-5-309, or foster care home licensed pursuant to section 26-6-905 a credit against the tax imposed by this article 22 in the amount of twenty percent of the taxpayer's annual investment in tangible personal property to be used in such child care center, family child care home, or foster care home.

(2) With respect to taxable years commencing on or after July 1, 1992, and prior to January 1, 2026, there is allowed to any sole proprietorship, partnership, limited liability corporation, subchapter S corporation, or regular corporation that provides child care facilities that are incidental to their business and are licensed pursuant to section 26-6-905 or 26.5-5-309 for the use of its employees a credit against the tax imposed by this article 22 in the amount of ten percent of the taxpayer's annual investment in tangible personal property to be used in such child care facilities.

(3) The credit allowed by this section for any income tax year shall not exceed the taxpayer's actual tax liability for such taxable year. If the amount of the credit allowed by this section exceeds the taxpayer's actual tax liability for any income tax year in which the child care center investment credit is claimed, referred to in this subsection (3) as the "unused credit year", such excess shall be an investment tax credit carryover to each of the three income tax years following the unused credit year and shall be applied first to the earliest income tax years possible.

(4) This section is repealed, effective December 31, 2033.
C.R.S. § 39-22-508.6 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-508.6
39-22-508.6. Effect of termination of enterprise or facility
Status: repealed

39-22-508.6. Effect of termination of enterprise or facility. (Repealed)
C.R.S. § 39-22-401 — CO Code / Title 39 / Article 22 / Part 4 / Section 39-22-401
39-22-401. Income of a resident estate or trust for purposes of Colorado income tax
Status: in_force

39-22-401. Income of a resident estate or trust for purposes of Colorado income tax. (1) The income of a resident estate or trust subject to the tax imposed by this article shall be its federal taxable income as determined pursuant to section 63 of the internal revenue code with the following modifications:

(a) There shall be added or subtracted the modifications described in section 39-22-104 to the extent such items are excluded from federal distributable net income of the estate or trust.

(b) There shall be added or subtracted the share of the estate or trust in the Colorado fiduciary adjustment determined under section 39-22-402.
C.R.S. § 39-22-508.1 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-508.1
39-22-508.1. Short title
Status: repealed

39-22-508.1. Short title. (Repealed)