| Notice Filed with SOS |
09/20/2013 |
| Rule |
ProposedRuleAttach2013-00986.DOC |
| Additional Information |
AddInfoAttach2013-00986.DOC |
| Statutory Authority |
39-21-112(1), 39-26-102(1.3), 39-26-102(10), 39-26-118, and 39-26-204, C.R.S. |
| Description of Subjects/Issues |
The purpose of this amendment is to eliminate the distinction between disclosed and undisclosed agents in the regulation, to clarify the application of local sales taxes to auction sales, and clarify the application of tax to fees charged in connection with auctions. |
| Purpose/Objective of Rule |
The purpose of this amendment is to eliminate the distinction between disclosed and undisclosed agents in the regulation, to clarify the application of local sales taxes to auction sales, and clarify the application of tax to fees charged in connection with auctions. |
| Comments |
Basis
The statutory basis for this rule is §39-21-112(1), §39-26-102(1.3), §39-26-102(10), §39-26-118, and §39-26-204, C.R.S.
Purpose
The purpose of this amendment is to eliminate the distinction between disclosed and undisclosed agents in the regulation, to clarify the application of local sales taxes to auction sales, and clarify the application of tax to fees charged in connection with auctions.
The existing regulation imposes the obligations of a retailer on auctioneers who acting as undisclosed agents of owners. Thus, an auctioneer is not a retailer under the regulation if the auctioneer disclosed that it was acting as an agent of the owner and, presumably, disclosed the name of the principal to the buyer. This is inconsistent with the statute which makes the auctioneer a retailer and only relieves the auctioneer of the obligations of a retailer if the owner is holds a retail license issued by the Department. The amendment to this regulation removes the disclosed v. u |
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
|
| Hearing Date |
11/06/2013 |
| Hearing Time |
09:00 AM |
| Hearing Location |
1375 Sherman St., Room 127, Denver, CO 80261 |
| Contact Name |
Phil Horwitz |
| Contact Title |
Policy Director |
| Contact Telephone |
303-205-8422 |
| Contact email |
phillip.horwitz@state.co.us |