Title 39, Taxation
0 chapters · 682 sections in this title.
Colo. Rev. Stat. § 39-21-101 Definitions
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As used in this article, unless the context otherwise requires: (1) Department means the department of revenue. (2) Executive director or executive director of the department of revenue means the executive director of the department of revenue and includes the head of any group, …
Colo. Rev. Stat. § 39-21-102 Scope
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(1) Unless otherwise indicated, the provisions of this article 21 apply to the taxes or fees imposed by articles 22 to 37 of this title 39 and article 60 of title 34, section 21 of article X of the state constitution, article 3 of title 42, part 5 of article 3 of title 44, articl…
Colo. Rev. Stat. § 39-21-103 Hearings
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(1) As soon as practicable after any tax return or the return showing the value of oil and gas is filed, the executive director shall examine it and shall determine the correct amount of tax. If the tax found due is greater than the amount theretofore assessed or paid, a notice o…
Colo. Rev. Stat. § 39-21-104 Rejection of claims
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(1) Upon rejection, in whole or in part, of a claim for refund filed by a taxpayer, with respect to any tax set forth in section 39-21-103 (1), the executive director of the department of revenue shall send a notice of rejection to the taxpayer in writing by first-class mail as s…
Colo. Rev. Stat. § 39-21-104.5 Frivolous submissions
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(1) As used in this part 1, unless the context otherwise requires, frivolous submission means a request for a hearing related to the tax set forth in part 1 of article 22 of this title made pursuant to section 39-21-103 or 39-21-104 that is based on a position that was previously…
Colo. Rev. Stat. § 39-21-105 Appeals
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(1) The taxpayer may appeal the final determination of the executive director issued pursuant to section 39-21-103, 39-21-104, or 39-21-104.5 within thirty days after the mailing of such determination. Jurisdiction to hear and determine such appeals is in the district courts of t…
Colo. Rev. Stat. § 39-21-105.5 Notice - first-class mail - definition
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(1) Except as provided in subsection (2) of this section, any notice required to be given to any taxpayer pursuant to the scope of this article as set forth in section 39-21-102 is sufficient if mailed, postpaid by first-class mail to the last-known address of the taxpayer. The f…
Colo. Rev. Stat. § 39-21-106 Compromise
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(1) The executive director or the executive director's delegate may compromise any civil or criminal case arising under any tax or charge administered pursuant to this article 21 prior to reference to the department of law for prosecution or defense; and the attorney general or t…
Colo. Rev. Stat. § 39-21-107 Limitations
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(1) Except as provided in this section, section 29-2-208 (2)(a)(III), and section 29-2-302 (5)(b), and unless such time is extended by waiver, the amount of any tax or of any charge on oil and gas production, and the penalty and interest applicable to the tax or charge, shall be …
Colo. Rev. Stat. § 39-21-108 Refunds
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(1) (a) (I) In the case of income tax imposed by article 22 of this title 39, except as provided in section 39-22-601.5, the taxpayer must file any claim for refund or credit for any year not later than the period provided for filing a claim for refund of federal income tax plus …
Colo. Rev. Stat. § 39-21-110 Interest on overpayments - repeal
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(1) Interest shall be allowed and paid upon any overpayment in respect to any tax or charge administered pursuant to this article 21 at the rate imposed under section 39-21-110.5. Such interest shall be allowed and paid as follows: (a) In the case of a credit, from the date of th…
Colo. Rev. Stat. § 39-21-110.5 Rate of interest to be fixed
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(1) When interest is required or permitted to be charged pursuant to this section on any underpayment, nonpayment, extension of time for payment, or overpayment, or when interest is required to be paid pursuant to section 8-20.5-104, in connection with an application for reimburs…
Colo. Rev. Stat. § 39-21-111 Jeopardy assessment and demands
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(1) If the executive director of the department of revenue finds that collection of the tax will be jeopardized by delay, in his discretion, he may declare the taxable period immediately terminated, determine the tax, and issue notice and demand for payment thereof; and, having d…
Colo. Rev. Stat. § 39-21-113 Reports and returns - rule - repeal
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(1) (a) It is the duty of every person, firm, or corporation liable to the state of Colorado for any tax or charge administered pursuant to this article 21 to keep and preserve for a period of three years such books, accounts, and records as may be necessary to determine the amou…
Colo. Rev. Stat. § 39-21-114 Methods of enforcing collection
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(1) The executive director may issue a warrant executed either with his or her manual signature or with his or her facsimile signature in accordance with the Uniform Facsimile Signature of Public Officials Act, article 55 of title 11, directed to any employee, agent, or represent…
Colo. Rev. Stat. § 39-21-114.5 Surrender of property subject to levy - definition
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(1) For any person in possession of property or rights to property owned by or owing to a taxpayer that is subject to levy: (a) (I) Except as provided in subsection (1)(a)(II) of this section, a person shall, upon demand of the executive director, surrender the property or the ri…
Colo. Rev. Stat. § 39-21-115 Reciprocity with other states for collection of taxes provided
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(1) Any state of the United States or any political subdivision thereof has the right to sue in the courts of the state of Colorado to recover any lawfully imposed taxes which may be owing it, whether or not the taxes have been reduced to judgment, when the like right is accorded…
Colo. Rev. Stat. § 39-21-116 Closing agreements
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(1) For the purpose of facilitating the settlement and distribution of estates, trusts, receiverships, or other fiduciary relationships, corporations, limited liability companies, and partnerships in the process of dissolution or which have been dissolved, the executive director …
Colo. Rev. Stat. § 39-21-116.5 Penalties - repeal
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(1) In addition to the personal liability provided in section 39-21-116, all officers of a corporation and all members of a partnership or a limited liability company required to collect, account for, and pay over any tax administered by this article 21 who willfully fail to coll…
Colo. Rev. Stat. § 39-21-117 Saving clause
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The provisions of section 13-52-108, C.R.S., shall not apply to methods of enforcing collections provided in this article. Source: L. 65: p. 1150, � 4. C.R.S. 1963: � 138-9-16.
Colo. Rev. Stat. § 39-21-118 Criminal penalties - repeal
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(1) A person who willfully attempts in any manner to evade or defeat a tax administered by the department or the payment thereof, in addition to other penalties provided by law, is guilty of a class 6 felony and, upon conviction thereof, shall be punished as provided in section 1…
Colo. Rev. Stat. § 39-21-120 Signature and filing alternatives for tax returns
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(1) The executive director may prescribe alternative methods for the making, filing, signing, subscribing, verifying, transmitting, receiving, or storing of returns or other documents pursuant to the statutory provisions of this article 21 and other articles referenced in this ar…
Colo. Rev. Stat. § 39-21-121 Unclaimed property offset - definition
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(1) (a) The department shall periodically certify to the state treasurer, acting as the administrator of unclaimed property under the Revised Uniform Unclaimed Property Act, article 13 of title 38, information regarding persons who are liable for the payment of taxes, penalties, …
Colo. Rev. Stat. § 39-21-201 Program established - repeal. (Repealed)
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Source: L. 2003: Entire part RC&RE, p. 504, � 1, effective March 5. L. 2005: (2) amended, p. 1069, � 16, effective January 1, 2006. L. 2011: (1), (2), (3)(a), (3)(b), (3)(d), (4), and (8) amended and (6.5) added, (SB 11-184), ch. 290, p. 1345, � 1, effective June 3. L. 2024: (9) …
Colo. Rev. Stat. § 39-21-202 Tax amnesty cash fund - creation - uses - repeal. (Repealed)
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Source: L. 2011: Entire section added, (SB 11-184), ch. 290, p. 1347, � 2, effective June 3. Editor's note: Subsection (3) provided for the repeal of this section, effective January 1, 2016. (See L. 2011, p. 290.)
Colo. Rev. Stat. § 39-21-301 Legislative declaration
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(1) The general assembly hereby finds and declares that: (a) The general assembly uses both direct expenditure of government funds and special or selective tax relief, which is known as a tax expenditure, to further various public policy goals; (b) A tax expenditure differs from …
Colo. Rev. Stat. § 39-21-302 Definitions
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As used in this part 3, unless the context otherwise requires: (1) Colorado tax profile study 2001 means the Colorado Tax Profile Study 2001 and Statistics of Income prepared in May 2004 by the office of research and analysis in the department for the individual income tax return…
Colo. Rev. Stat. § 39-21-303 Tax profile and expenditure report
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(1) On or before January 1, 2013, and January 1 of every odd-numbered year thereafter, the department shall prepare a tax profile and expenditure report for the state that includes the information set forth in subsection (2) of this section. (2) (a) A tax profile and expenditure …
Colo. Rev. Stat. § 39-21-305 Tax expenditure - state auditor evaluation
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(1) (a) The state auditor shall evaluate the state's tax expenditures pursuant to the requirements in this section. In evaluating each tax expenditure, the state auditor shall consult with the intended beneficiaries or representatives of the intended beneficiaries of the tax expe…
Colo. Rev. Stat. § 39-21-401 Legislative declaration
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(1) The general assembly finds and declares that: (a) In 2000, the general assembly enacted the formation of a temporary commission on taxation for the purpose of reviewing and reporting on the current system of taxation by state and local governments and making recommendations f…
Colo. Rev. Stat. § 39-21-402 Definitions
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As used in this part 4, unless the context otherwise requires: (1) Legislative oversight committee or committee means the legislative oversight committee concerning tax policy established in section 39-21-403. (2) Task force means the task force concerning tax policy established …
Colo. Rev. Stat. § 39-21-405 Repeal of part
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This part 4 is repealed, effective December 31, 2031. Source: L. 2021: Entire part added, (HB 21-1077), ch. 468, p. 3373, � 1, effective July 7. L. 2024: Entire section amended, (HB 24-1053), ch. 375, p. 2547, � 5, effective June 4. Income Tax