§ 39-26-106 — Schedule of sales tax

Colorado § 39-26-106

• Jurisdiction: Colorado
• Title 39: Taxation
• Art.: Sales and Use Tax

Text

(1) (a) (I) Repealed.

(II) Except as otherwise provided in section 39-26-901, on and after January
1, 2001, there is imposed upon all sales of commodities and services specified in
section 39-26-104 a tax at the rate of two and ninety one-hundredths percent of the
amount of the sale to be computed in accordance with schedules or systems
approved by the executive director of the department of revenue. Said schedules or
systems must be designed so that no such tax is charged on any sale of seventeen
cents or less.

(b) Notwithstanding the three percent rate provisions of paragraph (a) of this
subsection (1), for the period May 1, 1983, through July 31, 1984, the rate of the tax
imposed pursuant to this subsection (1) shall be three and one-half percent.

(2) (a) Except as provided in paragraph (b) of this subsection (2), retailers
shall add the tax imposed, or the average equivalent thereof, to the sale price or
charge, showing such tax as a separate and distinct item, and when added such tax
shall constitute a part of such price or charge and shall be a debt from the
consumer or user to the retailer until paid and shall be recoverable at law in the
same manner as other debts. The retailer shall be entitled, as collecting agent of
the state, to apply and credit the amount of the retailer's collections against the
rate to be paid by the retailer under the provisions of section 39-26-105, remitting
any excess of collections over said rate, less the fee retained by the retailer for the
collection and remittance of the tax pursuant to said section, to the executive
director of the department of revenue in the retailer's next monthly sales tax
return.

(b) Any retailer selling malt, vinous, or spirituous liquors by the drink or any
vendor selling individual items of personal property through coin-operated vending
machines may include in his sales price the tax levied under this part 1; except that
no such retailer shall advertise or hold out to the public in any manner, directly or
indirectly, that such tax is not included as a part of the sales price to the consumer.
The schedule set forth in subsection (1) of this section shall be used by such retailer
in determining amounts to be included in such sales price. No such retailer shall
gain any benefit from the collection or payment of such tax, except as permitted in
section 39-26-105 (1), nor shall the use of the schedule set forth in subsection (1) of
this section relieve such retailer from liability for payment of the full amount of the
tax levied by this part 1.

(3) Repealed.

Legislative History

Source: L. 35: p. 1007, � 5. CSA: C. 144, � 6. L. 37: p. 1083, � 1. L. 45: p. 579, � 3. CRS 53: � 138-6-6. C.R.S. 1963: � 138-5-6. L. 65: p. 1123, � 2. L. 65, 1st Ex. Sess.: p. 16, � 1. L. 77: (1) R&RE, p. 1825, � 1, effective July 1. L. 83: (1) amended, p. 1518, � 3, effective March 22; (1)(b) amended, p. 2097, � 6, effective October 13. L. 84: (1)(b) amended, p. 1142, � 3, effective June 7. L. 88: (2)(b) amended, p. 1328, � 2, effective April 4. L. 2000: (1)(a) amended and (3) added, p. 1431, � 3, effective May 31. L. 2001: (2)(a) amended, p. 1280, � 57, effective June 5. L. 2002: (3)(a) and (3)(b)(V) amended, p. 328, � 1, effective April 19. L. 2003: (2)(a) amended, p. 2636, � 2, effective June 5. L. 2009: (2)(a) amended, (SB 09-212), ch. 3, p. 6, � 2, effective February 26. L. 2010: (1)(a)(I) amended and (3) repealed, (SB 10-212), ch. 412, pp. 2036, 2032, �� 11, 1, effective July 1. L. 2024: (1)(a)(I) repealed and (1)(a)(II) amended, (SB 24-228), ch. 170, p. 900, � 10, effective May 14.