Colorado § 39-21-116.5 Penalties - repeal

Colorado Statutes

§ 39-21-116.5 — Penalties - repeal

Colorado § 39-21-116.5

Title 39Taxation

Art.Procedure and Administration

This text of Colorado § 39-21-116.5 (Penalties - repeal) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 39-21-116.5 (2026).

Text

(1)In addition to the personal liability provided in section 39-21-116, all officers of a corporation and all members of a partnership or a limited liability company required to collect, account for, and pay over any tax administered by this article 21 who willfully fail to collect, account for, or pay over such tax or who willfully attempt in any manner to evade or defeat any such tax, or the payment thereof, are subject to, in addition to other penalties provided by law, a penalty equal to one hundred fifty percent of the total amount of the tax not collected, accounted for, paid over, or otherwise evaded. An officer of a corporation or a member of a partnership or a limited liability company shall be deemed to be subject to this section if the corporation, partnership, or limi

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(1) In addition to the personal liability
provided in section 39-21-116, all officers of a corporation and all members of a
partnership or a limited liability company required to collect, account for, and pay
over any tax administered by this article 21 who willfully fail to collect, account for,
or pay over such tax or who willfully attempt in any manner to evade or defeat any
such tax, or the payment thereof, are subject to, in addition to other penalties
provided by law, a penalty equal to one hundred fifty percent of the total amount of
the tax not collected, accounted for, paid over, or otherwise evaded. An officer of a
corporation or a member of a partnership or a limited liability company shall be
deemed to be subject to this section if the corporation, partnership, or limited
liability company is subject to filing returns or paying taxes administered by this
article 21 and if such officers of corporations or members of partnerships or limited
liability companies voluntarily or at the direction of their superiors assume the
duties or responsibilities of complying with the provisions of any tax administered
by this article 21 on behalf of the corporation, partnership, or limited liability
company.

(2) (a) This section does not apply to the temporary sales tax deduction and
retention allowed in section 39-26-105 (1.3).

(b) This subsection (2) is repealed, effective December 31, 2026.

Legislative History

Source: L. 77: Entire section amended, p. 1777, � 2, effective July 1. L. 85: Entire section amended, p. 1253, � 3, effective January 1, 1986. L. 90: Entire section amended, p. 452, � 31, effective April 18. L. 2020, 1st Ex. Sess.: Entire section amended, (HB 20B-1004), ch. 3, p. 25, � 6, effective December 7.