2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Article 25 - LOCAL MARKETING DISTRICTS (§§ 29-25-101 — 29-25-118) › Section 29-25-112 - [Effective Until 7/1/2025] Power to levy tax

(1)
(a)
In addition to any other means of providing revenue for a district, the board has the power within the district to levy a marketing and promotion tax on the purchase price paid or charged to persons for rooms or accommodations as included in the definition of "sale" in section
39-26-102 (11)
. Such tax shall be specified in the petition organizing the district under section
29-25-105
. No such tax shall take effect unless approved by a majority of the eligible electors voting thereon at a general election or a special election called for such purpose. If a district seeks to use the tax revenue for a purpose specified in subsection (1)(e)(I)(D) or (1)(e)(I)(E) of this section, then the ballot issue authorizing the use must specify how the district will spend the tax revenue under either subsection. If the allowable uses of revenue from a tax approved by voters prior to January 1, 2022, do not include an additional authorized use added to section
29-25-111 (1)(e)
after January 1, 2022, the district shall not use the tax revenue for the additional use unless subsequently approved by voters at a general election or a special election. If, after January 1, 2022, there is a new tax created or the allowable uses of an existing tax are expanded, at least ten percent of the tax revenue must be used for purposes that were authorized under section
29-25-111 (1)(e)
prior to January 1, 2022. Elections held pursuant to this section shall be conducted in substantially the same manner as municipal or county elections and in accordance with the provisions of section 20 of article X of the state constitution. The municipal or county clerk and recorder of each local government in which the election is conducted shall assist the district in conducting the election. The district shall pay the costs incurred by each local government in conducting such an election. No money of the district may be used to urge or oppose passage of an election required under this section.
(b)
(I)
The marketing and promotion tax shall be collected, administered, and enforced, to the extent feasible, pursuant to section
29-2-106
.
(II)
The department of revenue shall perform, on an annual basis, an analysis to determine the net incremental cost of such collection, administration, and enforcement. The department of revenue shall retain only the amount determined to be necessary by the cost analysis, and in no event shall that amount exceed three and one-third percent of the amount collected. Such amount retained shall be transmitted to the state treasurer who shall credit the same to the general fund and such amount shall be subject to appropriation by the general assembly for the net incremental cost of such collection, administration, and enforcement.
(c)
A marketing and promotion tax levied in accordance with this section is in addition to any other sales or use tax imposed pursuant to law.
(2)
Prior to July 1, 2014, any person or entity providing rooms or accommodations as included in the definition of "sale" referred to in paragraph (a) of subsection (1) of this section shall be liable and responsible for the payment of an amount equivalent to a percentage rate set by the board of all such sales made and shall quarterly, unless otherwise provided by law, make a return to the executive director of the department of revenue for the preceding tax-reporting period and remit an amount equivalent to such percentage rate on such sales to said executive director.
(3)
Beginning July 1, 2014, any person or entity providing rooms or accommodations as included in the definition of "sale" referred to in paragraph (a) of subsection (1) of this section shall be liable and responsible for the payment of an amount equivalent to a percentage rate set by the board of all such sales made and shall make a return to the executive director of the department of revenue for the preceding tax-reporting period and remit an amount equivalent to such percentage rate on such sales to said executive director with the same filing frequency as the person or entity remits and files sales tax pursuant to section
39-26-105
, C.R.S.
Amended by 2022 Ch. 62, § 3, eff. 8/10/2022.
Amended by 2014 Ch. 225, § 1, eff. 5/17/2014.
L. 98: Entire article added, p. 1088, § 1, effective September 1. L. 2007: (1)(c) added, p. 584, § 2, effective April 19. L. 2008: (1)(c) amended, p. 992, § 10, effective August 5. L. 2014: (2) amended and (3) added, (HB 14-1006), ch. 225, p. 840, § 1, effective May 17.
2022 Ch. 62, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.