(1) (a) On or before September 1, 2019, and on or before September 1 of each year thereafter, the secretary of state shall provide to the department of revenue a list of all eligible charitable organizations. To be eligible, a charitable organization must:
(I) Have been registered with the secretary of state under the Colorado Charitable Solicitations Act, article 16 of title 6, for at least five years as of the date the list is generated;
(II) Be in good standing with the secretary of state under the Colorado Charitable Solicitations Act, article 16 of title 6, as of the date the list is generated; and
(III) Be a nonprofit organization that is exempt from taxation under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended.
(b) A registered charitable organization may file a written request with the secretary of state, on a form prescribed by the secretary of state, to exclude itself from the list provided to the department of revenue under subsection (1)(a) of this section. The secretary of state shall not include in the list the name or information of any charitable organization that files such a request.
(c) The secretary of state shall provide the list of eligible charitable organizations to the department of revenue in a digital format.
(2) The department of revenue shall make the list of eligible charitable organizations available to the public for each income tax year. The department may make the list available in a digital format or a paper format or both. The list must include, for each charitable organization, all identifying information that the department requires for a taxpayer to designate the organization to receive a donation through the donate to a Colorado nonprofit fund voluntary contribution line established in section 39-22-5102.
(3) A taxpayer may designate one charity from the list made available by the department of revenue for the tax year for which the taxpayer is filing a return using the donate to a Colorado nonprofit fund voluntary contribution line created in section 39-22-5102. If a taxpayer designates an organization that is not eligible under this section, or if the department of revenue cannot determine which charitable organization a taxpayer has designated, the contribution is void.
Source: L. 2018: Entire part added, (SB 18-141), ch. 290, p. 1789, � 1, effective August 8.
39-22-5104. Contributions credited to the donate to a Colorado nonprofit fund - creation - appropriation - distribution. (1) There is hereby created in the state treasury the donate to a Colorado nonprofit fund, referred to in this section as the fund. The fund consists of money credited to the fund pursuant to this part 51 and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(2) The department of revenue shall determine annually the total amount designated to the fund and the total amounts designated to each individual eligible charitable organization pursuant to section 39-22-5102, and shall report those amounts to the state treasurer and to the general assembly. The state treasurer shall credit to the fund the total amount designated to the fund.
(3) The general assembly shall appropriate annually from the fund to the department of revenue, the secretary of state, and the state treasurer its actual, reasonable costs of implementing this part 51. After the appropriations to the department of revenue, the secretary of state, and the state treasurer are deducted, the state treasurer shall distribute the remaining funds to the eligible charitable organizations as designated by taxpayers after a reduction proportionate to the amount deducted from the fund for the administration of the fund.
(4) The department is not liable to a taxpayer or to an eligible charitable organization for any error in distributing a contribution under this part 51.
Source: L. 2018: Entire part added, (SB 18-141), ch. 290, p. 1790, � 1, effective August 8.