S.B. 03-30 Department of revenue - annual disclosure to individual taxpayers of average taxes paid. For calendar years commencing on or after January 1, 2003, requires the department of revenue to determine the average amount of certain taxes paid by individual taxpayers based on the taxpayers' average income as presented in the most recent publication of the data in the department's Colorado tax profile study, or its successor. Requires the department to disclose such information to taxpayers on an annual basis. Specifies the taxes that the department shall include in the calculation of average taxes paid. Specifies that the department shall calculate the average taxes paid by income classes stratified from the lowest to the highest income tax ranges.
Requires the department of revenue to prepare a table that discloses the average amount of taxes paid by taxpayers as printed in the most recent publication of the department's Colorado tax profile study, or its successor. Specifies how the information shall appear on the table. States that the department shall print the table in the income tax booklet that the department mails to taxpayers on an annual basis. Requires the department to make the table available through the "NetFile" link on the department's website.
APPROVED by Governor June 5, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 03-32 Property tax - property tax administrator - tax exemption for property used for religious purposes - requests for additional information. Eliminates the requirement that the property tax administrator receive permission from the state board of equalization before requesting additional information from an owner claiming a tax exemption for property used for religious purposes. Permits the administrator to seek the additional information from the owner, but only to the extent that the additional information is necessary to determine the exemption status of the property. Eliminates the requirement that the administrator seek approval of the state board prior to challenging the declaration that sets forth the religious mission and religious purposes of the owner of the property being claimed as exempt and the uses of the property that are in the furtherance of the mission and purposes. Repeals provisions in which the state board may authorize the administrator to seek additional information from the owner or challenge the owner's declaration.
APPROVED by Governor April 7, 2003
EFFECTIVE April 7, 2003
S.B. 03-89 Formation of political subdivisions imposing property taxes - notice requirements. Expands the notice requirements applicable to the formation of special districts to apply to political subdivisions that are authorized to impose property taxes. Extends the deadline for notification of organization and provision of specified information to the assessor and board of county commissioners of each county within which the political subdivision is located. Modifies the list of information required to be provided to the assessor and the board of county commissioners to:
● Eliminate an approved service plan and copy of the political subdivision's budget; and
● Add a reasonable identification of the property located within the proposed political subdivision.
APPROVED by Governor March 25, 2003
EFFECTIVE March 25, 2003
S.B. 03-148 Electronic filing of returns - extension - federal deadline. Authorizes the executive director of the department of revenue to adopt a rule extending the time for electronic filing of income tax returns if the time for electronic filing of federal income tax returns is extended.
APPROVED by Governor March 25, 2003
EFFECTIVE March 25, 2003
S.B. 03-167 Property tax - possessory interests - state board of land commissioners. Creates a new method to determine the actual value of possessory interests in land leased by the state board of land commissioners, other than land subject to development, under which the actual value of the possessory interest is equal to the amount of rent paid for the possessory interest in the property tax year.
APPROVED by Governor May 14, 2003
EFFECTIVE January 1, 2004
S.B. 03-185 FY 2002-03 budget reduction bill - tax amnesty program - creation - appropriation. Directs the executive director of the department of revenue to conduct a tax amnesty program during June 2003 for any taxpayer liable for the payment of certain taxes for which returns or reports were required to be filed before December 31, 2002. Specifies the taxes that may be paid through the program.
Allows a taxpayer to pay overdue taxes, including a portion of any interest due, without being subject to any fine or civil or criminal penalty otherwise provided by law during the tax amnesty period. Allows a taxpayer to sign an agreement, on or before June 30, 2003, to pay overdue taxes in compliance with such agreement without being subject to any fine or civil or criminal penalty otherwise provided by law. States that a taxpayer who chooses to pay overdue taxes through the tax amnesty program waives the right to file a claim for refund or seek administrative or judicial review regarding the tax liability. Specifies that a taxpayer will be subject to appropriate civil or criminal penalties if the taxpayer fails to pay the full amount of taxes due or commits willful fraud in filing under the terms of the program.
Specifies that a taxpayer is not eligible to participate in the tax amnesty program if a notice of deficiency for the taxpayer's tax liability has been mailed before the program takes effect, or if the taxpayer is under investigation or prosecution for criminal or fraudulent activity for crimes related to any taxes that are collected by the department of revenue.
Allows the department of revenue to accept credit card payments for taxes during the tax amnesty period and to assess the taxpayer an amount equivalent to the service fee charged by the credit card company to the department.
Directs the executive director of the department of revenue to promulgate emergency rules necessary for the administration of the tax amnesty program. Requires the department to notify potential participants in the program that all information obtained through the program may be disclosed to the federal internal revenue service.
Allows the department of revenue an exemption from the provisions of the Colorado procurement code for services and products procured by the department for marketing the tax amnesty program.
Makes a $200,000 general fund appropriation for the marketing of costs associated with the program.
APPROVED by Governor March 5, 2003
EFFECTIVE March 5, 2003
S.B. 03-234 Property tax - refund interest - oil and gas leaseholds and lands. In cases where property tax was erroneously levied and collected as a result of an error or omission made by a taxpayer in completing statutorily required statements about oil and gas leaseholds and lands and where the county pays an abatement or refund within a specified time, changes the date upon which refund interest begins to accrue from the date that the property tax and delinquent interest are received by the treasurer to the date a complete abatement petition is filed by the taxpayer.
APPROVED by Governor April 7, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 03-265 FY 2003-04 budget reduction bill - eliminate property tax exemption for qualifying seniors. For property tax years commencing on or after January 1, 2003, but before January 1, 2006, reduces the maximum amount of actual value of the primary owner-occupied residence of a qualifying senior that is partly exempt from property taxation from $200,000 to $0.
Reduces the fiscal year 2003-04 long bill general fund appropriation to the department of treasury for special purpose, senior citizen property tax exemption by $56,000,000.
APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003
S.B. 03-307 Income tax - Colorado special olympics voluntary contribution - continuation of program. Extends the income tax years for which a line shall appear on the individual income tax return form that allows a taxpayer the option to make a voluntary contribution to the Colorado special olympics fund.
APPROVED by Governor May 22, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 03-317 Collection of state sales, cigarette, and tobacco products tax - vendor fee reduction. For sales occurring on or after July 1, 2003, but before July 1, 2005, reduces the amount that vendors are allowed to retain as payment for the collection and remittance of state sales tax and the state excise tax on tobacco products from 3 and 1/3% to 2 and 1/3% of the amount of tax collected. Reduces the amount of the discount that licensed wholesalers who purchase cigarette tax payment stamps on or after July 1, 2003, but before July 1, 2005, are allowed to cover their expenses in collecting and remitting the state cigarette tax from 4% to 3%.
APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003
S.B. 03-321 Commission on taxation - reporting requirement. Repeals an obsolete reporting requirement to the general assembly and the governor concerning the commission on taxation.
APPROVED by Governor June 5, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 03-325 Property taxes - deferral of payment - persons called into military service. Allows members of the army national guard, the air national guard, and the reserves who have been ordered to active duty in the military for more than 30 days to claim the deferral of property taxes that is currently available to persons over age 65. Extends the deadline for persons called into military service to claim the deferral for the tax year 2002 to June 30, 2003. Specifies that a person may defer only property taxes payable in years in which the person is called into military service and that the person may continue to defer the payment of taxes for those years after the person is no longer on active duty.
APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003
S.B. 03-334 Property tax - exemption for seniors - approval of late exemption applications for good cause shown. Allows an individual who wishes to claim the property tax exemption for qualifying seniors to file a late exemption application with the approval of the county assessor and for good cause shown. Specifies the September 15 that immediately follows the original application deadline is the deadline for filing a late application.
Gives the county assessor sole discretion to decide whether or not to allow the filing of a late application, but requires the property tax administrator to prepare uniform standards to be applied by the assessor in determining whether an applicant has shown good cause for failing to timely file an application. Requires an assessor to grant an exemption if an accepted late application establishes that the applicant is entitled to the exemption. Specifies that a decision of an assessor to allow or disallow the filing of a late application or to grant or deny an exemption to an applicant who has filed a late application is final and may not be contested.
APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003
S.B. 03-347 Property tax - possessory interests - timber sales contracts. Specifies that the amount paid under a timber sales contract for the purchase of timber or the right to acquire and remove timber is excluded from the amount of rent or fees used to calculate the actual value of a possessory interest in exempt property for purposes of property taxation.
APPROVED by Governor June 5, 2003
EFFECTIVE January 1, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1066 Income tax - request for hearing - frivolous submission. Permits the executive director of the department of revenue to reject a request for a hearing related to an income tax if the request is a frivolous submission. Defines "frivolous submission" to mean a request for a hearing related to an income tax that is based on a position that was previously rejected in a published opinion by a Colorado or federal court. Requires the executive director to notify a taxpayer in writing of the rejection within a reasonable time after receiving the request for a hearing. Requires the executive director, within a reasonable time, to make a final determination and send a taxpayer a notice of the final determination accompanied by a notice and demand for payment. Allows a taxpayer to appeal the final determination of the executive director to a state district court. Unless an appeal is taken, requires a taxpayer to pay the tax, together with interest thereon and penalties, if any, within 30 days after the executive director has mailed the notice and demand for payment.
APPROVED by Governor March 20, 2003
EFFECTIVE March 20, 2003
H.B. 03-1073 Gasoline and special fuel tax - clarification of types of air carriers exempt from imposition of tax. Clarifies the types of air carriers that are exempt from the excise tax imposed on all gasoline sold, offered for sale, or used in Colorado.
Specifies that the exemption allowed to certain governmental entities from the excise tax imposed on all gasoline sold, offered for sale, or used in Colorado shall apply solely to machines owned or operated by the governmental entity. States that exemptions for persons conducting business for governmental entities on a contract basis using aircraft shall be allowed only if such aircraft is otherwise exempt pursuant to state statute.
APPROVED by Governor May 21, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1130 Income tax - family resource center voluntary contribution - appropriation. Creates the family resource centers fund in the state treasury. Requires that, for income tax years commencing on or after January 1, 2003, but prior to January 1, 2006, a voluntary contribution designation line for the fund shall appear on individual income tax return forms.
Directs the department of revenue to determine annually the total amount designated to the family resource centers fund and to report such amount to the state treasurer and to the general assembly. Directs the state treasurer to credit such amount to the fund.
Requires the general assembly to appropriate annually from the family resource centers fund to the department of revenue its costs of administering moneys designated as contributions to the fund. States that all moneys remaining in the fund at the end of a fiscal year shall be transferred to the department of public health and environment for distribution to family resource centers statewide.
Appropriates $921 from the family resource centers fund to the department of revenue for the implementation of the act.
APPROVED by Governor May 21, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1147 Income tax - voluntary contribution programs - general requirements - exemptions. Exempts the western slope military veterans' cemetery voluntary contribution from the statutory requirement that any voluntary contribution program created after June 2, 1985, shall have a 3-year sunset provision.
For income tax years commencing on or after January 1, 2003, replaces the requirement that each voluntary contribution shall receive at least 10% of the total amount contributed to all voluntary contributions during the January 1 through September 30 period in each year that the voluntary contribution appears on the Colorado income tax returns with the requirement that each voluntary contribution shall receive at least $150,000 during the January 1 through September 30 period in each year that the voluntary contribution appears on the Colorado income tax returns. Specifies that if a voluntary contribution does not receive at least $150,000 during such period it shall no longer be effective and shall not be reflected on the Colorado income tax returns made for any subsequent income tax year.
Specifies exemptions to the requirement that each voluntary contribution shall receive $150,000 in each year in which it appears on the Colorado income tax returns as follows:
● States that voluntary contributions that appear on the Colorado income tax returns for the first time for the 2002 income tax year or any income tax year thereafter shall receive at least $150,000 in the January 1 through September 30 period of the 3rd year in which the voluntary contribution appears on the Colorado income tax returns and during every January 1 through September 30 period thereafter or it shall no longer be effective and shall not be reflected on the Colorado income tax returns made for any subsequent income tax year. States that such voluntary contributions are not required to receive $150,000 in either the 1st or 2nd year that it appears on the Colorado income tax returns.
● States that the western slope military veterans' cemetery voluntary contribution shall not be required to receive a minimum amount of contributions for any income tax year.
● For the period January 1, 2003, through September 30, 2004, and for each such period thereafter, states that the United States olympic committee voluntary contribution shall be required to receive at least $300,000 or it shall no longer be effective and shall not be reflected on the Colorado income tax returns made for any subsequent income tax year.
Specifies that no more that 12 voluntary contributions shall appear on Colorado income tax returns in any income tax year.
APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003
H.B. 03-1208 Enterprise zones - extension of tax benefits in terminated zones - excess state revenues required. For a taxpayer claiming an enterprise zone tax benefit after termination of the enterprise zone pursuant to an extension of the tax benefit, eliminates the requirement that the taxpayer can only claim such a tax benefit if the taxpayer demonstrably relied on the future receipt of the tax benefit in making business planning decisions. States that a taxpayer that was allowed an extension of the tax benefit and that qualifies for an additional extension of the tax benefit pursuant to the most current statutory limitations qualifies for the extension of the tax benefit regardless of whether the expenditures for which the tax benefit is claimed were planned prior to the enterprise zone termination announcement and regardless of the certified limitations on the amount of each tax benefit.
Specifies that an extension of a tax benefit for expenditures that were not planned prior to the enterprise zone termination and that are above the certified limit on the amount of the benefit shall be allowed only in years when there is excess state revenue. Allows any such extended benefit to be claimed in the first year in which there is excess state revenue. Specifies that the carryforward provision of each benefit shall be extended one year for every year that the benefit could not be claimed because the state did not have excess revenue.
VETOED by Governor May 1, 2003
H.B. 03-1210 List of delinquent taxpayers - listing criteria - requirement of internet publication. Requires the executive director of the department of revenue (department) to annually disclose a list of all taxpayers who owe more than $20,000 of delinquent taxes from 6 months from the time that a distraint warrant issues or may issue. Specifies the information to be included on the list. At least 90 day before the disclosure of the name of a delinquent taxpayer, requires the executive director to mail a written notice to a delinquent taxpayer at his or her last known address informing the taxpayer that the failure to cure a tax delinquency could result in the taxpayer's name being included on the list.
Specifies that taxes shall not be deemed delinquent and subject to disclosure if:
● A written agreement for payment exists without default between the taxpayer and the department; or
● The tax liability is the subject of an administrative hearing, administrative review, judicial review, or an appeal of any such proceedings.
Requires the list to be made available for public inspection at the department and to be published on the internet on the website maintained by the department. Requires the name of a taxpayer to be removed within 15 days after the payment of the debt. Establishes that a good faith effort by the executive director of the department in preparing the list shall not be considered a violation of any statutory prohibition on the disclosure of taxpayer information.
APPROVED by Governor May 19, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1281 Property tax - property tax work-off program - people with disabilities eligible to participate. Allows a taxpayer who is a person with a disability to be eligible to participate in a property tax work-off program established by a taxing entity. Requires a taxpayer who is a person with a disability and who applies to participate in a property tax work-off program to submit a signed and dated letter from a Colorado licensed health care professional verifying that the taxpayer is a person with a disability. Allows a property taxing entity that establishes a property tax work-off program to restrict the class of individuals who are eligible to participate in the program. Defines "person with a disability".
APPROVED by Governor April 1, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1306 Property tax - abatement hearing - independent referees. Permits a board of county commissioners to appoint independent referees who are experienced in property valuation to do the following:
● Conduct a hearing on behalf of the board related to a petition for an abatement or refund of property taxes;
● To make findings; and
● To submit recommendations to the board for its final decision regarding the abatement or refund.
APPROVED by Governor April 22, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1330 Tobacco escrow fund requirements - measures to ensure compliance by nonparticipating manufacturers. Requires all tobacco product manufacturers whose cigarettes are sold in Colorado to certify to the executive director of the department of revenue that they are either a participating manufacturer as defined by the tobacco litigation master settlement agreement or are in full compliance with statutory provisions and implementing regulations that govern tobacco escrow funds. Specifies information that must be included in a certification, including but not limited to statements indicating compliance with escrow fund requirements.
Requires the department of revenue to publish a directory of cigarettes, listed by tobacco product manufacturer and brand family, that have been approved for stamping and sale. Specifies requirements for inclusion in the directory and grounds for exclusion from the directory. Requires the department to provide notice to each stamping agent of any addition to or removal of a tobacco product brand manufacturer's cigarettes or cigarettes in a particular brand family from the directory. Prohibits the stamping or sale of cigarettes that are not listed in the directory. Requires a nonresident or foreign nonparticipating manufacturer to designate an agent for service of process in the state as a condition precedent to having its cigarettes listed in the directory. Specifies that a determination of the department to not list or remove a brand family of cigarettes or a tobacco product manufacturer from the directory is reviewable pursuant to the "State Administrative Procedure Act".
Requires stamping agents who stamp cigarettes or otherwise pay state tax due on cigarettes, distributors of tobacco products, and tobacco product manufacturers to provide information requested by the department of revenue or the attorney general so that compliance with applicable laws regarding cigarette sales and the establishment of qualified escrow funds can be verified. Specifies penalties and other legal remedies for violations of specified laws and administrative rules that govern the sale of cigarettes.
Requires a stamping agent that applies for a license to sell cigarettes to certify that the agent will comply with specified legal requirements. Allows the department of revenue to promulgate rules necessary to effect the purposes of the legislation. Specifies that existing statutory provisions that govern tobacco escrow funds shall take precedence over the provisions of the legislation if there is an irreconcilable conflict between the existing provisions and any new provision.
APPROVED by Governor May 14, 2003
EFFECTIVE May 14, 2003
H.B. 03-1332 Property tax - residential property - ratio of valuation for assessment. Sets the ratio of valuation for assessment for residential real property for the 2003 and 2004 property tax years at 7.96% of actual value.
APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003
H.B. 03-1362 Sales tax - telephone and telegraph services - aggregating taxable and nontaxable services. States that when a telephone or telegraph service provider aggregates taxable and nontaxable services on a single invoice, sales tax is collected only on the taxable services.
Requires service providers to maintain documentation on taxable and nontaxable services provided for 3 years. States that this documentation is subject to audit and the provider is liable for any uncollected tax. Directs providers to report the percentages of taxable and nontaxable service in each package of services to the executive director of the department of revenue within 30 days of use on any invoice.
APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003
H.B. 03-1373 Sales and use tax - municipalities and counties - simultaneously pending proposals for a sales or use tax. Authorizes a municipality that has been incorporated for less than 5 years to adopt an ordinance proposing a sales or use tax even if the county in which the municipality is located has a pending proposal for a sales or use tax.
APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003
H.B. 03-1382 FY 2003-04 budget reduction bill - procedure and administration - interest on overpayments - fixed rates - appropriation. Fixes the interest rates allowed and payable by the state in connection with the interest on overpayments of certain taxes imposed by state law or certain charges on oil and gas production imposed by state law for refunds issued on or after January 1, 2004, as follows:
● States that if the amount of the refund is less than $5,000 or if the amount of the refund is equal to or greater than $5,000 but less than 10% of the taxpayer's net tax liability for the period for which the tax is paid, the annual rate of interest shall be the prime rate, as reported by the "Wall Street Journal", plus 3 points, rounded to the nearest full percent. States that in the event that more than one rate is so reported, the highest rate shall be utilized.
● States that if the amount of the refund is equal to or greater than $5,000 and the amount of the refund is equal to or greater than 10% of the taxpayer's net tax liability for the period for which the tax is paid, the annual rate of interest shall be the prime rate, as reported by the "Wall Street Journal", rounded to the nearest full percent; except that if the taxpayer demonstrates that the overpayment of tax necessitating such refund was due to good cause as determined by the executive director of the department of revenue, the annual rate of interest shall be the prime rate, as reported by the "Wall Street Journal", plus 3 points, rounded to the nearest full percent. States that in the event that more than one rate is reported, the highest rate shall be utilized.
Appropriates $1,080 to the department of revenue for the implementation of this act.
APPROVED by Governor June 3, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
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