2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › SPECIFIC TAXES (§§ 39-20-101 — 39-37-301) › SEVERANCE TAX (§§ 39-29-101 — 39-29-116) › Article 29 - Severance Tax (§§ 39-29-101 — 39-29-116) › Section 39-29-111 - Withholding of income from oil and gas interest - definition

(1)
(a)
Every producer or purchaser who disburses funds that are owed to any person owning a working interest, a royalty interest, a production payment, or any other interest in any oil or gas produced in Colorado shall, unless such production is exempt under section
39-29-105 (1)
and the producer or purchaser has registered such exempt production with the department of revenue in accordance with rules promulgated by the department, withhold from the amount owed to such person an amount equal to one percent of the gross income from such interest, except for income accruing to the United States or the state of Colorado or to any political subdivision of the state of Colorado. The amount withheld is based on gross income as defined in section
39-29-102 (3)(a)
. On the first day of each month beginning with July 1, 2007, the aggregate of all such amounts withheld during the calendar month that was three months prior thereto shall be paid to the department in the manner set forth in section
39-21-119.5 (4)(b)
. Nothing in this section shall be so construed as to reduce the tax imposed by this article 29.
(b)
Repealed.
(2)
Every person making a return as required by section
39-29-112
may take credit for the amount withheld by the producer or the first purchaser against the tax shown to be due upon such return, and any overpayment shown on such return shall be refunded to the taxpayer.
(3)
For the purposes of subsection (1) of this section, "producer or purchaser" means every person producing or extracting oil and gas deposits located within this state or the first purchaser of oil and gas produced from deposits located within this state.
(4)
On or before March 1 of each year, every producer or purchaser shall provide each person holding any interest pursuant to subsection (1) of this section with a statement of the amounts deducted and withheld pursuant to this section from disbursements made to such person during the preceding calendar year. Such statements shall be retained in the records of every producer or purchaser for a period of three years and shall be made available to the department of revenue upon the written request of the department.
Amended by 2021 Ch. 117, § 1, eff. 9/7/2021.
Amended by 2019 Ch. 395, § 10, eff. 8/2/2019.
Amended by 2019 Ch. 31, § 2, eff. 8/2/2019.
L. 77: Entire article added, p. 1850, § 1, effective 1/1/1978. 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. 99, p. 99, § 2, effective August 2; (1)(b) repealed, (HB 19-1256), ch. 3516, p. 3516, § 10, effective August 2. L. 2021: (1)(a) and (3) amended, (HB 21 -1156), ch. 452, p. 452, § 1, effective September 7.
Section 4(2) of chapter 31 (SB 19-024), Session Laws of Colorado 2019, provides that the act changing this section applies to remittances made on or after August 2, 2019.
2021 Ch. 117, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 19-024, see section 1 of chapter 31, Session Laws of Colorado 2019.