Colorado § 39-29-111 Withholding of income from oil and gas interest - definition

Colorado Statutes

§ 39-29-111 — Withholding of income from oil and gas interest - definition

Colorado·Title 39 Taxation·Art. Severance Tax

(1)

(a)Every producer or purchaser who disburses funds that are owed to any person owning a working interest, a royalty interest, a production payment, or any other interest in any oil or gas produced in Colorado shall, unless such production is exempt under section 39-29-105 (1) and the producer or purchaser has registered such exempt production with the department of revenue in accordance with rules promulgated by the department, withhold from the amount owed to such person an amount equal to one percent of the gross income from such interest, except for income accruing to the United States or the state of Colorado or to any political subdivision of the state of Colorado. The amount withheld is based on gross income as defined in section 39-29-102 (3)(a). On the first day of e

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(1)
(a) Every producer or purchaser who disburses funds that are owed to any person
owning a working interest, a royalty interest, a production payment, or any other
interest in any oil or gas produced in Colorado shall, unless such production is
exempt under section 39-29-105 (1) and the producer or purchaser has registered
such exempt production with the department of revenue in accordance with rules
promulgated by the department, withhold from the amount owed to such person an
amount equal to one percent of the gross income from such interest, except for
income accruing to the United States or the state of Colorado or to any political
subdivision of the state of Colorado. The amount withheld is based on gross income
as defined in section 39-29-102 (3)(a). On the first day of each month beginning with
July 1, 2007, the aggregate of all such amounts withheld during the calendar month
that was three months prior thereto shall be paid to the department in the manner
set forth in section 39-21-119.5 (4)(b). Nothing in this section shall be so construed
as to reduce the tax imposed by this article 29.

(b) Repealed.

(2) Every person making a return as required by section 39-29-112 may take
credit for the amount withheld by the producer or the first purchaser against the
tax shown to be due upon such return, and any overpayment shown on such return
shall be refunded to the taxpayer.

(3) For the purposes of subsection (1) of this section, producer or purchaser
means every person producing or extracting oil and gas deposits located within this
state or the first purchaser of oil and gas produced from deposits located within
this state.

(4) On or before March 1 of each year, every producer or purchaser shall
provide each person holding any interest pursuant to subsection (1) of this section
with a statement of the amounts deducted and withheld pursuant to this section
from disbursements made to such person during the preceding calendar year. Such
statements shall be retained in the records of every producer or purchaser for a
period of three years and shall be made available to the department of revenue
upon the written request of the department.

Colorado § 39-29-111 (Withholding of income from oil and gas interest - definition) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 77: Entire article added, p. 1850, � 1, effective January 1, 1978. L. 85: (1) R&RE, p. 1292, � 1, effective June 6. L. 89: (4) added, p. 1518, � 1, effective April 7. L. 2000: (1) and (4) amended, p. 1444, � 3, effective July 1. L. 2007: (1) amended, p. 1410, � 6, effective May 30. L. 2019: (1)(b) amended, (SB 19-024), ch. 31, p. 99, � 2, effective August 2; (1)(b) repealed, (HB 19-1256), ch. 395, p. 3516, � 10, effective August 2. L. 2021: (1)(a) and (3) amended, (HB 21-1156), ch. 117, p. 452, � 1, effective September 7.