Colo. Code Regs. 39-29-105-2
Current through Register Vol. 47, No. 23, December 10, 2024
Rule 39-29-105-2 - Ad Valorem Tax Credit(1) The ad valorem tax credit is apportionable among related parties in proportion to each party's share of gross income. If such credit exceeds the tax on the severance of oil and gas, the excess amount does not create a right to a refund of severance tax or a credit against past or future severance tax liability. (a) In the case of a short taxable period, the credit shall apply only if the ad valorem tax is assessed to an accrual basis taxpayer or paid by a cash basis taxpayer during such period. The credit applicable for one period may not be used in another period.(2) The ad valorem tax paid on buildings, equipment and facilities shall not be used to compute the ad valorem tax credit.(3) The ad valorem credit is allowed only if the well production is subject to severance tax in the year the ad valorem tax is paid or assessed.(4) Taxpayers on a cash basis for oil or gas revenue and expense reporting for federal income tax purposes must claim ad valorem credits based on the date ad valorem taxes are paid to the county treasurer.(5) Taxpayers on an accrual basis for oil and gas revenue and expense reporting for federal income tax purposes must claim ad valorem credits in the tax year that contains the accrual date for the ad valorem tax in the State of Colorado. The accrual date is the levy date of the ad valorem tax, which is January 1 of the calendar year following the year of production that is reported to the county assessor.43 CR 23, December 10, 2020, effective 12/30/2020