CO Code § 39-27-113 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 27 - Gasoline and Special Fuel Tax|Part 1 - Gasoline Tax|§ 39-27-113. Tax Lien - Priority

  [ ] If any person fails, neglects, or refuses to pay the tax imposed by this part 1, the amount of the tax, together with any penalties or interest or any costs that accrue in addition thereto, shall be a lien in favor of the state upon all franchises, property, and rights to property, whether real or personal, tangible or intangible, belonging to or thereafter acquired by that person, whether the property is employed by that person in the operation of a business or is in possession of an assignee, trustee, or receiver for the benefit of creditors.    When the property of any distributor is seized upon any mesne or final process of any court of this state or when the business of any distributor is suspended by the action of creditors or put into the hands of any assignee, receiver, or trustee, then in all such cases all gasoline or special fuel tax moneys collected by such distributor under the provisions of this part 1 and due and owing to the state shall be considered and treated as preferred claims, and the state of Colorado shall be a preferred creditor and shall be paid in full.      Notwithstanding the provisions of subsection (1) of this section, the tax imposed by this part 1, except when paid by the user to a vendor, together with penalties and interest thereon, constitutes a lien against any motor vehicle in connection with which the taxable use is made. The lien shall not be removed until the tax, together with penalties and interest, is paid or the motor vehicle subject to the lien is sold in payment of the tax, penalty, and interest. The lien shall be prior to all private liens and encumbrances and to the rights of a conditional vendor or other holder of the legal or equitable title to the motor vehicle.    If ownership of a motor vehicle subject to lien under this subsection (3) is transferred by operation of law or otherwise, no registration or title with respect to such vehicle shall be issued until the lien has been removed.       Editor's note: This version of this section is effective until January 1, 2022.   History. Source: L. 33: P. 736, § 12. CSA: C. 16, § 392. CRS 53: § 138-3-17. C.R.S. 1963: § 138-2-17. L. 79: Entire section amended, p. 1485, § 12, effective January 1, 1980. L. 2000: Entire section amended with relocations, p. 1930, § 11, effective October 1. L. 2021: Entire section repealed,(HB 21-1322), ch. 453, p. 3019, § 10, effective January 1, 2022. History. Source: L. 33: P. 736, § 12. CSA: C. 16, § 392. CRS 53: § 138-3-17. C.R.S. 1963: § 138-2-17. L. 79: Entire section amended, p. 1485, § 12, effective January 1, 1980. L. 2000: Entire section amended with relocations, p. 1930, § 11, effective October 1. L. 2021: Entire section repealed,(HB 21-1322), ch. 453, p. 3019, § 10, effective January 1, 2022.    Editor's note:   Subsections (2) and (3) are similar to provisions of former § 39-27-210 as they existed prior to 2000.   ANNOTATION   State's prerogative right of preference or priority cannot pass to a surety by way of subrogation. New Mexico Asphalt & Ref. Co. v. Williams, 131 F. Supp. 297 (D. Colo. 1955 ).