§ 29-11-102.7. Imposition of Telecommunications Relay Service Surcharge on Prepaid Wireless – Rules – Definitions

1. As used in this section, unless the context otherwise requires:
   1. “Consumer” means a person who purchases prepaid wireless telecommunications service in a retail transaction.
   2. “Department” means the department of revenue.
   3. “Prepaid wireless TRS charge” means the charge that is required to be collected by a seller from a consumer under subsection (2) of this section.
   4. “Provider” means a person that provides prepaid wireless telecommunications service.
   5. “Retail transaction” means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale.
   6. “Seller” means a person who sells prepaid wireless telecommunications service to another person.
   7. “TRS charge” means a telecommunications relay service surcharge imposed pursuant to section 40-17-103 (3)(b.5), C.R.S.
2. 1. A prepaid wireless TRS charge of one-tenth of one percent of the price of the retail transaction is hereby imposed on each retail transaction.
   2. 1. Along with the prepaid wireless 911 charge, as defined in section 29-11-102.5 (1)(c) and collected under section 29-11-102.5 (2), the seller shall collect the prepaid wireless TRS charge from the consumer on each retail transaction occurring in this state. The amount of the prepaid wireless TRS charge shall be either disclosed to the consumer or separately stated on an invoice, receipt, or other similar document the seller provides to the consumer. The amount of the prepaid wireless TRS charge and the amount of the prepaid wireless 911 charge may be stated on an invoice, receipt, or other documentation together as a single line item and as a single charge. A seller shall elect to either disclose or separately state the charge and shall not change the election without the written consent of the department.
      2. For purposes of this subsection (2)(b), a retail transaction occurs in Colorado if one of the circumstances set forth in section 29-11-102.5 (2)(d)(II) is met.
   3. The prepaid wireless TRS charge is the liability of the consumer and not of the seller or of any provider; except that the seller shall be liable to remit all prepaid wireless TRS charges that the seller collects from consumers as provided in subsection (3) of this section. The seller is deemed to have collected the charge notwithstanding that the amount of the charge has neither been separately disclosed nor stated on an invoice, receipt, or other similar document the seller provides to the consumer.
   4. The amount of the prepaid wireless TRS charge that is collected by a seller from a consumer shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by this state, any political subdivision of this state, or any intergovernmental agency.
3. 1. The seller shall remit any collected prepaid wireless TRS charges to the department at the times and in the manner provided in part 1 of article 26 of title 39. The department shall establish, by rule, registration and payment procedures that substantially coincide with the registration and payment procedures that apply under part 1 of article 26 of title 39. A seller may remit prepaid wireless TRS charges and prepaid wireless 911 charges, as defined in section 29-11-102.5 (1)(c), together to the department of revenue as a single remittance. A seller is subject to the penalties under part 1 of article 26 of title 39, for failure to collect or remit a prepaid wireless TRS charge in accordance with this section.
   2. Effective September 1, 2016, a seller may deduct and retain three and three-tenths percent of the prepaid wireless TRS charges that are collected by the seller from consumers.
   3. The audit and appeal procedures applicable to the state sales tax under part 1 of article 26 of title 39, C.R.S., shall apply to prepaid wireless TRS charges.
   4. The department shall establish procedures by which a seller may document that a transaction is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting that a sale was wholesale for purposes of the sales tax under part 1 of article 26 of title 39, C.R.S.
4. The department shall transmit the money collected pursuant to this section to the state treasurer who shall credit the money to the Colorado telephone users with disabilities fund created in section 40-17-104 (1), C.R.S.
5. The prepaid wireless TRS charge imposed by this section is the only direct telecommunications relay service funding obligation imposed with respect to prepaid wireless telecommunications service in this state. No tax, fee, surcharge, or other charge to fund telecommunications relay service shall be imposed by this state, any political subdivision of this state, or any intergovernmental agency upon a provider, seller, or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service.

Source: L. 2016: Entire section added, (HB 16-1414), ch. 155, p. 481, § 1, effective September 1. L. 2020: (2)(b) and (3)(a) amended, (HB 20-1293), ch. 267, p. 1297, § 14, effective July 10.