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Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2021-00165

CCR details

Tracking Number 2021-00165
Type of Filing Permanent Rule
Department 200 Department of Revenue
Agency 201 Taxation Division
CCR Number 1 CCR 201-13

Proposed rule

Notice Filed with SOS 03/12/2021
Rule ProposedRuleAttach2021-00165.doc
Additional Information AddInfoAttach2021-00165.doc
Statutory Authority The statutory bases for this rule are sections 39-21-112(1), 39-30-103(7)(a), 39-30-105.1, and 39-30-108(1), C.R.S.
Description of Subjects/Issues The purpose of this rule is to clarify the calculation of enterprise zone business facility employee credits. The rule: • Clarifies the method of calculating business facility employees for the purpose of calculating the credit; • Clarifies the meaning of the term “replacement business facility” as it is used in section 39-30-105.1(5)(b), C.R.S.; • Clarifies the calculation of the number of business facility employees with respect to employees who spend some of their time performing duties not connected with the operation of the business facility or working outside of the enterprise zone; • Clarifies the calculation of the credit allowed for a business facility’s first tax year of operation and for any subsequent tax year; • Clarifies that the additional enterprise zone employee credits, for employees working at facilities engaged in manufacturing or processing agricultural commodities and/or located in rural enterprise zones, are allowed only with respect to employees for whom the general business facility employee credit is claimed; • Clarifies the kind of activities that add value through manufacturing or processing to agricultural commodities; • Clarifies the conditions under which a taxpayer may claim a credit for employee health insurance; and • Clarifies the calculation of the credit for any tax year in which the taxpayer did not submit the required pre-certification form to the enterprise zone administrator prior to the commencement of the tax year.
Comments This hearing will be conducted virtually. The call-in information is: Call in: 1-669-900-6833 Meeting ID: 816-6409-1352. If you would like to join via video conference, please email dor_taxrules@state.co.us for the link.
Submitted in response to issues raised by COLS/OLLS?
Is this rule adopted in response to recent legislation?
Hearing Date 04/22/2021
Hearing Time 10:00 AM
Hearing Location Virtual Hearing (see below)
Contact Name Erika Hoxeng
Contact Title Tax Policy Analyst
Contact Telephone 303-866-4805
Contact email erika.hoxeng@state.co.us

Adopted rule

Adopted Rules
AGO requested date

Termination information

Date 08/19/2021
Reason After consideration of questions raised at the hearing, we determined it was necessary to make further revisions to the proposed rule and recommence the rulemaking process.