§ 38-13-902.3 — Claims offset for state tax delinquencies

Colorado § 38-13-902.3

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Revised Uniform Unclaimed Property Act

Text

(1) Before paying a
claim pursuant to section 38-13-905 in an amount exceeding six hundred dollars,
the administrator shall compare the social security number or federal employer
identification number of the claimant with the numbers certified by the department
of revenue for the purpose of the unclaimed property offset as provided in section
39-21-121.

(2) If the social security number or federal employer identification number of
a claimant appears among the numbers certified by the department of revenue
pursuant to section 39-21-121, the administrator shall suspend the payment of the
claim until the requirements of section 39-21-121 are met. If, after consulting with
the department, the administrator determines that the claimant is obligated to pay
the amounts certified under section 39-21-121, the administrator shall withhold
from the amount of the unclaimed property paid to the claimant an amount equal to
the amount of delinquent state taxes, penalties, or interest. If the amount of the
unclaimed property is less than or equal to the amount of delinquent state taxes,
penalties, or interest, the administrator shall withhold the entire amount of the
unclaimed property. The administrator shall transmit any unclaimed property so
withheld to the department for disbursement as directed in section 39-21-121.

(3) If a claimant owes delinquent state taxes, penalties, or interest as
described in this section and also owes current child support, child support debt,
retroactive child support, child support arrearages, child support costs, or child
support when combined with maintenance as described in section 38-13-902.1,
restitution or fines, fees, costs, or surcharges as described in section 38-13-902.2,
or both, the unclaimed property offset shall be applied in accordance with the
priority set forth in section 38-13-902.1 (2).

Legislative History

Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 442, � 1, effective July 1, 2020.