Colorado § 39-28.5-105 Books and records to be preserved

Colorado Statutes

§ 39-28.5-105 — Books and records to be preserved

Colorado § 39-28.5-105

Title 39Taxation

Art.Tax on Tobacco Products

This text of Colorado § 39-28.5-105 (Books and records to be preserved) 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. § 39-28.5-105 (2026).

Text

(1)Every distributor shall keep at each licensed place of business complete and accurate records for that place of business, including itemized invoices of tobacco products held, purchased, manufactured, brought in or caused to be brought in from without the state, or shipped or transported to retailers in this state, and of all sales of tobacco products made, except sales to the ultimate consumer within the state.

(2)These records shall show the names and addresses of purchasers, the inventory of all tobacco products on hand, and other pertinent papers and documents relating to the purchase, sale, or disposition of tobacco products.

(3)When a licensed distributor sells tobacco products exclusively to the ultimate consumer within the state at the address given in the license,

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(1) Every distributor shall
keep at each licensed place of business complete and accurate records for that
place of business, including itemized invoices of tobacco products held, purchased,
manufactured, brought in or caused to be brought in from without the state, or
shipped or transported to retailers in this state, and of all sales of tobacco products
made, except sales to the ultimate consumer within the state.

(2) These records shall show the names and addresses of purchasers, the
inventory of all tobacco products on hand, and other pertinent papers and
documents relating to the purchase, sale, or disposition of tobacco products.

(3) When a licensed distributor sells tobacco products exclusively to the
ultimate consumer within the state at the address given in the license, no invoice of
those sales shall be required, but itemized invoices shall be made of all tobacco
products transferred to other retail outlets owned or controlled by that licensed
distributor. All books, records, and other papers and documents required by this
section to be kept shall be preserved for a period of at least three years after the
date of the documents, unless the department, in writing, authorizes their
destruction or disposal at an earlier date.

(4) (a) Every retailer that is not also a licensed distributor shall keep at its
place of business complete and accurate records to show that all tobacco products
received by the retailer were purchased from a licensed distributor. The retailer
shall provide a copy of such records to the department if so requested. The
department may establish the acceptable form of such records.

(b) Any expenses incurred by the department related to enforcing paragraph
(a) of this subsection (4) shall be paid from the tobacco settlement defense
account, created in section 24-22-115 (2)(a), C.R.S., for the state fiscal year 2009-10,
and from the tobacco tax enforcement cash fund created in section 39-28-107
(1)(b), for each state fiscal year thereafter.

(5) Every remote retail seller shall keep complete and accurate records
necessary for the determination of the correct tax liability, including itemized
invoices to validate the actual costs paid by the remote retail seller for all cigars
and pipe tobacco offered in remote retail sales to the consumer within this state.

Legislative History

Source: L. 86: Entire article added, p. 1115, � 13, effective July 1. L. 2009: (4) added, (HB 09-1173), ch. 372, p. 2017, � 5, effective August 5. L. 2020: (1) and (3) amended, (HB 20-1427), ch. 248, p. 1195, � 13, effective January 1, 2021. L. 2023: (5) added, (HB 23-1015), ch. 142, p. 609, � 5, effective January 1, 2024.