Colo. Code Regs. 39-26-104-1
Current through Register Vol. 47, No. 11, June 10, 2024
Rule 39-26-104-1 - Imposition of TaxBasis and Purpose. The statutory bases for this rule are sections 39-21-112(1), 39-26-104, 39-26-105, 39-26-106, 39-26-109, 39-26-118, 39-26-122, and 39-26-704(2), C.R.S. The purpose of this rule is to clarify that the tax is imposed upon the purchaser.
(1) The tax is imposed upon the purchaser. (a) Because the Department provides the means to confirm the validity of a license, a purchaser who pays tax to a retailer who does not hold a valid retail, wholesale, or retailer's use tax license issued by the department remains liable for such tax unless the unlicensed retailer pays such tax to the department.(b) In the event that a licensed retailer fails to collect the appropriate sales tax, the department may assess the sales tax due against the retailer or assess the use tax due against the purchaser, in its discretion.(c) A purchaser who pays all applicable sales taxes to a Colorado licensed retailer has no further tax liability regardless of whether the retailer remits the taxes to the department.37 CR 18, September 25, 2014, effective 10/15/201438 CR 02, January 25, 2015, effective 2/14/201539 CR 10, May 25, 2016, effective 6/14/201640 CR 12, June 25, 2017, effective 7/15/201740 CR 23, December 10, 2017, effective 1/1/201841 CR 13, July 10, 2018, effective 7/30/201841 CR 14, July 25, 2018, effective 8/14/201842 CR 02, January 25, 2019, effective 12/18/2018, expires 4/17/2019.42 CR 02, January 25, 2019, effective 12/18/201842 CR 06, March 25, 2019, effective 4/14/201943 CR 04, February 25, 2020, effective 3/16/202043 CR 17, September 10, 2020, effective 9/30/202044 CR 01, January 10, 2021, effective 1/30/202144 CR 07, April 10, 2021, effective 4/30/202144 CR 08, April 25, 2021, effective 5/15/202145 CR 04, February 25, 2022, effective 3/17/202245 CR 23, December 10, 2022, effective 12/30/202246 CR 08, April 25, 2023, effective 5/15/2023