| Notice Filed with SOS |
07/31/2023 |
| Rule |
ProposedRuleAttach2023-00440.doc |
| Additional Information |
AddInfoAttach2023-00440.docx |
| Statutory Authority |
39-21-112(1), 39-26-122, 39-26-734(6)(c), 32-9-119(2), and 32-13-107, C.R.S. |
| Description of Subjects/Issues |
The purpose of this rule is to explain how the sales and use tax exemptions allowed by section 39-26-734(3)(a) and related refunds will be calculated with respect to qualified residential structures that are outside the Regional Transportation District, the Scientific and Cultural Facilities District, or both. As discussed above, it is necessary for the Department to resolve the ambiguity caused by the inclusion of these districts without adjustments to the rate based upon the location of the fire to provide guidance to taxpayers on the claim process and to begin accepting claims under HB23-1240. Based upon the clear statement of the refund rate in section 39-26-734, the attached rule affirms that the refund rate is not adjusted in the case of qualified residential structures outside of these districts. |
| Purpose/Objective of Rule |
The purpose of this rule is to explain how the sales and use tax exemptions allowed by section 39-26-734(3)(a) and related refunds will be calculated with respect to qualified residential structures that are outside the Regional Transportation District, the Scientific and Cultural Facilities District, or both. As discussed above, it is necessary for the Department to resolve the ambiguity caused by the inclusion of these districts without adjustments to the rate based upon the location of the fire to provide guidance to taxpayers on the claim process and to begin accepting claims under HB23-1240. Based upon the clear statement of the refund rate in section 39-26-734, the attached rule affirms that the refund rate is not adjusted in the case of qualified residential structures outside of these districts. |
| Basis And Purpose |
BasisAndPurposeAttachment2023-00440.docx
|
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
Yes
|
| Recent legislation bill number |
HB23-1240
|
| Hearing Date |
08/31/2023 |
| Hearing Time |
10:00 AM |
| Hearing Location |
Virtual Hearing See Comments |
| Contact Name |
Josh Pens |
| Contact Title |
Director |
| Contact Telephone |
3038665627 |
| Contact email |
dor_taxrules@state.co.us |