reglab/housing_qa huggingface dataset:
CO Code § 39-28.6-105 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 28.6 - Nicotine Products Tax|§ 39-28.6-105. Licensing Required - Rules - Fines

 Beginning January 1, 2021, it is unlawful for any person to engage in the business of a distributor of nicotine products at any place of business without first obtaining a license granted and issued by the department, which license is in effect until June 30 following the date of issue, unless sooner revoked. The department shall grant a license only to a person who owns or operates the place from which the person engages in the business of a distributor of nicotine products, and, if the business is operated in two or more separate places by the person, a separate license for each place of business is required. A license may be renewed only upon timely application and payment of the required fee prior to expiration. A license may be transferred in the discretion of and pursuant to the rules adopted by the department. The fee for a license is ten dollars per year, and the fee is credited to the general fund. The fee is reduced at the rate of two dollars and fifty cents for each expired quarter of the license year. The department shall, on reasonable notice and after a hearing, suspend or revoke the license of any person violating any provision of this article 28.6, and the department shall not issue a license to the same person within a period of two years thereafter. The department may share information on the names and addresses of persons who purchased nicotine products for resale with the department of public health and environment and county and district public health agencies. The department shall refuse to issue a new or renewal distributor license, and shall revoke a distributor's license, if the distributor owes the state any delinquent taxes administered by the department or interest thereon pursuant to this title 39 that have been determined by law to be due and unpaid, unless the distributor has entered into an agreement approved by the department to pay the amount due. The department shall only issue a new or renewal distributor license to a distributor that has a current license issued pursuant to section 39-26-103 .   History. Source: L. 2020: Entire article added, (HB 20-1427), ch. 248, p. 1200, § 18, effective January 1, 2021.
CO Code § 39-28.6-106 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 28.6 - Nicotine Products Tax|§ 39-28.6-106. Books and Records to Be Preserved

  Every distributor shall keep at each licensed place of business complete and accurate records for that place of business, including itemized invoices of nicotine products held, purchased, manufactured, brought in or caused to be brought in from without the state, or shipped or transported to retailers in this state, and of all sales of nicotine products made, except sales to the ultimate consumer within the state.    The distributor's records must show the names and addresses of purchasers, the inventory of all nicotine products on hand, and other pertinent papers and documents relating to the purchase, sale, or disposition of nicotine products.    When a licensed distributor sells nicotine products exclusively to the ultimate consumer within the state at the address given in the license, no invoice of those sales is required, but the licensed distributor shall make itemized invoices of all nicotine products transferred to other retail outlets owned or controlled by that licensed distributor. A distributor shall preserve all books, records, and other papers and documents required by this section to be kept for a period of at least three years after the date of the documents, unless the department, in writing, authorizes their destruction or disposal at an earlier date.      Every retailer that is not also a licensed distributor shall keep at its place of business complete and accurate records to show that all nicotine products received by the retailer were purchased from a licensed distributor. The retailer shall provide a copy of such records to the department if so requested. The department may establish the acceptable form of such records.    The general assembly shall appropriate money for any expenses incurred by the department related to enforcing subsection (4)(a) of this section from the tobacco tax enforcement cash fund created in section 39-28-107 (1)(b).         History. Source: L. 2020: Entire article added, (HB 20-1427), ch. 248, p. 1201, § 18, effective January 1, 2021.
CO Code § 39-28.6-108 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 28.6 - Nicotine Products Tax|§ 39-28.6-108. When Credit May Be Obtained for Tax Paid

 Where nicotine products, upon which the tax imposed by this article 28.6 has been reported and paid, are shipped or transported by the distributor to retailers without the state to be sold by those retailers, are shipped or transported by the distributor to a consumer without the state on or after January 1, 2021, or are returned to the manufacturer by the distributor or destroyed by the distributor, credit of such tax may be made to the distributor in accordance with regulations prescribed by the department.   History. Source: L. 2020: Entire article added, (HB 20-1427), ch. 248, p. 1202, § 18, effective January 1, 2021.
CO Code § 39-28.6-109 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 28.6 - Nicotine Products Tax|§ 39-28.6-109. Distribution of Tax Collected

  The state treasurer shall credit the money collected for payment of the tax imposed under this article 28.6 to the old age pension fund created in section 1 of article XXIV of the state constitution in accordance with section 2   and (f) of article XXIV of the state constitution and shall further transfer an amount equal to this amount to the general fund in accordance with section 7 (c) of article XXIV of the state constitution.       The state treasurer shall transfer an amount equal to the tax imposed under this article 28.6 from the general fund to the 2020 tax holding fund created in section 24-22-118 (1).     History. Source: L. 2020: Entire article added, (HB 20-1427), ch. 248, p. 1202, § 18, effective January 1, 2021.
CO Code § 39-28.6-110 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 28.6 - Nicotine Products Tax|§ 39-28.6-110. Taxation by Cities and Towns

 This article 28.6 does not prevent a statutory or home rule municipality, county, or city and county from imposing, levying, and collecting any special sales tax upon sales of cigarettes, tobacco products, or nicotine products, as that term is defined in section 18-13-121 (5) , or upon the occupation or privilege of selling cigarettes, tobacco products, or nicotine products. This article 28.6 does not affect any existing authority of local governments to impose a special sales tax on cigarettes, tobacco products, or nicotine products, in accordance with section 39-28-112 , to be used for local and governmental purposes.   History. Source: L. 2020: Entire article added, (HB 20-1427), ch. 248, p. 1203, § 18, effective January 1, 2021.
CO Code § 39-28.6-111 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 28.6 - Nicotine Products Tax|§ 39-28.6-111. Prohibited Acts - Penalties

  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.      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.    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.    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.         History. Source: L. 2020: Entire article added, (HB 20-1427), ch. 248, p. 1203, § 18, effective January 1, 2021.
CO Code § 39-28.6-112 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 28.6 - Nicotine Products Tax|§ 39-28.6-112. Revenue and Spending Limitations

 Notwithstanding any limitations on revenue, spending, or appropriations contained in section 20 of article X of the state constitution or any other provision of law, any revenue generated by the tax imposed by this article 28.6 approved by the voters at the statewide election in November 2020 may be collected and spent as a voter-approved revenue change.   History. Source: L. 2020: Entire article added, (HB 20-1427), ch. 248, p. 1203, § 18, effective January 1, 2021.
CO Code § 39-29-101 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 29 - Severance Tax|§ 39-29-101. Legislative Declaration

  The general assembly hereby finds and declares that, when nonrenewable natural resources are removed from the earth, the value of such resources to the state of Colorado is irretrievably lost. Therefore, it is the intent of the general assembly to recapture a portion of this lost wealth through a special excise tax, in addition to other business taxes, on the nonrenewable natural resources removed from the soil of this state and sold for private profit.    The general assembly further finds and declares that the severance of nonrenewable resources provides a potential source of revenue to the state and its political subdivisions. Therefore, it is the intent of the general assembly to impose a tax on the process of severance in addition to other business taxes.    It additionally is the intent of the general assembly that a portion of the revenues derived from such a severance tax be used by the state for public purposes, that a portion be held by the state in a perpetual trust fund, and that a portion be made available to local governments to offset the impact created by nonrenewable resource development.     History. Source: L. 77: Entire article added, p. 1844, § 1, effective January 1, 1978.    ANNOTATION   Law reviews. For article, “Synthetic Fuels -- Policy and Regulations”, see 51 U. Colo. L. Rev. 465 (1980).
CO Code § 39-29-103 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 29 - Severance Tax|§ 39-29-103. Tax on Severance of Metallic Minerals

  In addition to any other tax, there shall be levied, collected, and paid for each taxable year a tax upon the severance from the earth in this state of all metallic minerals as to all such severance occurring on and after January 1, 1978. Such tax shall be levied against every mining operation engaged in the severance of metallic minerals and shall be based upon the gross income of such mining operation. The rate of the tax for all metallic minerals shall be as follows:   For taxable years commencing prior to July 1, 1999:    For taxable years commencing on or after July 1, 1999:       There shall be allowed, as a credit against the tax computed in accordance with subsection (1) of this section, an amount equal to all ad valorem taxes assessed during the taxable year in the case of accrual basis taxpayers or paid during the taxable year in the case of cash basis taxpayers on producing mines valued for assessment pursuant to section 39-6-106. Such credit shall not exceed fifty percent of the tax computed in accordance with subsection (1) of this section.     History. Source: L. 77: Entire article added, p. 1845, § 1, effective January 1, 1978. L. 99: (1) amended, p. 925, § 2, effective May 24. L. 2008: IP(1) amended, p. 1679, § 2, effective August 5.    Cross references:   For the legislative declaration contained in the 1999 act amending subsection (1), see section 1 of chapter 235, Session Laws of Colorado 1999.
CO Code § 39-29-104 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 29 - Severance Tax|§ 39-29-104. Tax on Severance of Molybdenum Ore

  In addition to any other tax, there shall be levied, collected, and paid for each calendar quarter a tax upon the severance of all molybdenum ore in this state. Such tax shall be levied against every person engaged in the severance of molybdenum ore. The rate of the tax for each calendar quarter shall be five cents per ton of molybdenum ore. On and after July 1, 1999, no tax provided for in this section shall be imposed on the first six hundred twenty-five thousand tons of molybdenum ore produced each quarter of the taxable year.    Such actual severance shall be reported on quarterly declaration forms prescribed by the executive director. Such forms shall be filed with and the tax owed shall be paid to the department of revenue on or before the fifteenth day following the end of each such quarter.     History. Source: L. 77: Entire article added, p. 1846, § 1, effective January 1, 1978. L. 86: Entire section amended, p. 1135, § 1, effective April 1. L. 88: IP(1) amended and (1)(a) to (1)(c) repealed, p. 1343, §§ 1, 2, effective March 4. L. 94: (1) amended, p. 334, § 1, effective March 29. L. 99: (1) amended, p. 926, § 3, effective May 24. L. 2008: (1) amended, p. 1680, § 3, effective August 5.    Cross references:   For the legislative declaration contained in the 1999 act amending subsection (1), see section 1 of chapter 235, Session Laws of Colorado 1999.
CO Code § 39-29-107 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 29 - Severance Tax|§ 39-29-107. Tax on Severance of Oil Shale

  In addition to any other tax, there shall be levied, collected, and paid for each taxable year a tax upon the severance of oil shale as to all such severance occurring on and after January 1, 1978. Such tax shall be levied against every person engaged in the severance of oil shale. Subject to the provisions of subsections (2) and (3) of this section, such tax shall be levied on the gross proceeds from each commercial oil shale facility at a rate of four percent of such gross proceeds.    The tax shall only have application to a commercial oil shale facility one hundred eighty days after the facility commences commercial production, as follows:    The production of the first fifteen thousand tons per day of oil shale or ten thousand barrels per day of shale oil, whichever is greater, shall be exempt from the tax. (3.1) The calculation of the daily production subject to the tax and to the exemption in subsection (3) of this section shall be determined by dividing the total production of a calendar month by the total number of days in such month.    Repealed.     History. Source: L. 77: Entire article added, p. 1847, § 1, effective January 1, 1978. L. 82: (2) amended and (3.1) added, p. 576, § 2, effective April 2; (4) repealed, p. 580, § 1, effective July 1. L. 2004: (1) amended, p. 1211, § 97, effective August 4.
CO Code § 39-29-107.8 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 29 - Severance Tax|§ 39-29-107.8. Refunds

  Prior to the allocation in section 39-29-108, the state treasurer shall set aside and maintain all revenue from the tax imposed pursuant to this article in a reserve that is available for the payment of refunds related to the tax in accordance with section 39-21-108. At the end of each month, any moneys in the reserve that are not required for a refund are the total gross receipts realized that are available for allocation under section 39-29-108.      Prior to July 1, 2016, if the amount in the reserve is less than the amount of refunds that are required to be made from the reserve, then the state treasurer shall credit to the reserve from the proceeds of the money collected under article 22 of this title an amount equal to the deficit.    On or after July 1, 2016, but prior to July 1, 2017, the state treasurer shall credit to the reserve from the proceeds of the money collected under article 22 of this title an amount equal to the amount by which the refunds for the tax imposed pursuant to this article that are made for a month exceed fifteen percent of the gross severance tax revenues for the same month.      If, as of the end of the state fiscal year commencing on July 1, 2017, the amount in the reserve is less than the amount of refunds that are required to be made from the reserve, then the state treasurer shall credit to the reserve from the proceeds of the money collected under article 22 of this title 39 an amount equal to one-fourth of the deficit. (c) (I) If, as of the end of the state fiscal year commencing on July 1, 2017, the amount in the reserve is less than the amount of refunds that are required to be made from the reserve, then the state treasurer shall credit to the reserve from the proceeds of the money collected under article 22 of this title 39 an amount equal to one-fourth of the deficit.    The amount credited to the reserve in accordance with subsection (2)(c)(I) of this section replaces any money from the reserve that was transferred to the severance tax operational fund, and as a result, no amount shall be recouped from the operational fund for purposes of making a refund for the fiscal year commencing on July 1, 2017.          The state treasurer shall credit money to the reserve in accordance with subsection (2) of this section on a monthly basis. If there is insufficient revenue available to be credited, the state controller may authorize an advance under section 24-75-203 (2), C.R.S., to the reserve to be used for the refunds. There is no limit on the amount of an advance that the state controller may make for this purpose.     History. Source: L. 2016: Entire section added, (SB 16-218), ch. 289, p. 1173, § 3, effective June 10. L. 2018: (2)(c) added, (HB 18-1338), ch. 201, p. 1311, § 13, effective May 4.
CO Code § 39-29-111 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 29 - Severance Tax|§ 39-29-111. Withholding of Income From Oil and Gas Interest - Definition

     Every producer or purchaser who disburses funds that are owed to any person owning a working interest, a royalty interest, a production payment, or any other interest in any oil or gas produced in Colorado shall, unless such production is exempt under section 39-29-105 (1) and the producer or purchaser has registered such exempt production with the department of revenue in accordance with rules promulgated by the department, withhold from the amount owed to such person an amount equal to one percent of the gross income from such interest, except for income accruing to the United States or the state of Colorado or to any political subdivision of the state of Colorado. The amount withheld is based on gross income as defined in section 39-29-102 (3)(a). On the first day of each month beginning with July 1, 2007, the aggregate of all such amounts withheld during the calendar month that was three months prior thereto shall be paid to the department in the manner set forth in section 39-21-119.5 (4)(b). Nothing in this section shall be so construed as to reduce the tax imposed by this article 29.    Repealed.       Every person making a return as required by section 39-29-112 may take credit for the amount withheld by the producer or the first purchaser against the tax shown to be due upon such return, and any overpayment shown on such return shall be refunded to the taxpayer.    For the purposes of subsection (1) of this section, “producer or purchaser” means every person producing or extracting oil and gas deposits located within this state or the first purchaser of oil and gas produced from deposits located within this state.    On or before March 1 of each year, every producer or purchaser shall provide each person holding any interest pursuant to subsection (1) of this section with a statement of the amounts deducted and withheld pursuant to this section from disbursements made to such person during the preceding calendar year. Such statements shall be retained in the records of every producer or purchaser for a period of three years and shall be made available to the department of revenue upon the written request of the department.     History. Source: L. 77: Entire article added, p. 1850, § 1, effective January 1, 1978. L. 85: (1) R&RE, p. 1292, § 1, effective June 6. L. 89: (4) added, p. 1518, § 1, effective April 7. L. 2000: (1) and (4) amended, p. 1444, § 3, effective July 1. L. 2007: (1) amended, p. 1410, § 6, effective May 30. L. 2019: (1)(b) amended,(SB 19-024), ch. 31, p. 99, § 2, effective August 2; (1)(b) repealed,(HB 19-1256), ch. 395, p. 3516, § 10, effective August 2. L. 2021: (1)(a) and (3) amended,(HB 21-1156), ch. 117, p. 452, § 1, effective September 7.    Cross references:   For the legislative declaration in SB 19-024, see section 1 of chapter 31, Session Laws of Colorado 2019.
CO Code § 39-29-113 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 29 - Severance Tax|§ 39-29-113. Exemption Prohibited - When

  If any person likely to be liable for taxes imposed pursuant to the provisions of this article transfers all or part of his property to another person controlled, directly or indirectly, by the transferor before or after the transfer, the executive director may disallow to the transferee any exemption from tax otherwise authorized pursuant to this article unless such transferee establishes by a clear preponderance of the evidence that the securing of such an exemption was not a major purpose of such transfer.    As used in this section, “control” means:   The ownership, directly or indirectly, of more than fifty percent of the voting stock of the transferee corporation; or    With respect to a transferee other than a corporation, that the transferor owns, during any part of the transferee's taxable year, a greater economic interest than any other owner of the transferee.        History. Source: L. 77: Entire article added, p. 1851, § 1, effective January 1, 1978.
CO Code § 39-29-114 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 29 - Severance Tax|§ 39-29-114. Component Members of a Controlled Group Treated as One Taxpayer

  For the purposes of this article, persons who are members of the same controlled group of corporations shall be treated as one taxpayer.    If fifty percent or more of the beneficial interest in two or more corporations, trusts, or estates is owned by the same or related persons (taking into account only persons who own at least five percent of such beneficial interest), the exemptions allowed under this article shall be allocated among all such entities in proportion to their respective quantities of production from the property of such entities.    In the case of individuals who are members of the same family, the exemptions allowed under this article shall be allocated among such individuals in proportion to their respective quantities of production from the property of such individuals. For the purposes of this article, the family of an individual shall be deemed to include only his spouse and children.    For the purposes of this section, the term “controlled group of corporations” has the meaning given to such term by the “Internal Revenue Code of 1986”, in section 613A, as of January 1, 1987. The change of the reference in this section from the “Internal Revenue Code of 1954” to the “Internal Revenue Code of 1986” shall not affect any act done or any right accrued or accruing before or after such change, but all rights and liabilities shall continue and may be enforced in the same manner as if such references had not been changed.     History. Source: L. 77: Entire article added, p. 1851, § 1, effective January 1, 1978. L. 88: (4) amended, p. 1327, § 6, effective April 6.