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Home » US Law » 2022 Colorado Code » Title 39 - Taxation » Article 29 - Severance Tax

§ 39-29-101. Legislative Declaration

The general assembly hereby finds and declares that, when nonrenewable natural resources are removed from the earth, the value of such resources to the state of Colorado is irretrievably lost. Therefore, it is the intent of the general assembly to recapture a portion of this lost wealth through a special excise tax, in addition to […]

§ 39-29-102. Definitions

[ Editor’s note: This version of the introductory portion to this section is effective until January 1, 2022. ] As used in this article, unless the context otherwise requires: [ Editor’s note: This version of the introductory portion to this section is effective January 1, 2022. ] As used in this article 29, unless the […]

§ 39-29-103. Tax on Severance of Metallic Minerals

In addition to any other tax, there shall be levied, collected, and paid for each taxable year a tax upon the severance from the earth in this state of all metallic minerals as to all such severance occurring on and after January 1, 1978. Such tax shall be levied against every mining operation engaged in […]

§ 39-29-104. Tax on Severance of Molybdenum Ore

In addition to any other tax, there shall be levied, collected, and paid for each calendar quarter a tax upon the severance of all molybdenum ore in this state. Such tax shall be levied against every person engaged in the severance of molybdenum ore. The rate of the tax for each calendar quarter shall be […]

§ 39-29-105. Tax on Severance of Oil and Gas

In addition to any other tax, there shall be levied, collected, and paid for each taxable year commencing prior to January 1, 2000, a tax upon the gross income of crude oil, natural gas, carbon dioxide, and oil and gas severed from the earth in this state; except that oil produced from any wells that […]

§ 39-29-106. Tax on the Severance of Coal

In addition to any other tax, there shall be levied, collected, and paid for each taxable year a tax upon the severance of all coal in this state. Such tax shall be levied against every person engaged in the severance of coal. Subject to the exemption and credits authorized in subsections (2), (3), and (4) […]

§ 39-29-107. Tax on Severance of Oil Shale

In addition to any other tax, there shall be levied, collected, and paid for each taxable year a tax upon the severance of oil shale as to all such severance occurring on and after January 1, 1978. Such tax shall be levied against every person engaged in the severance of oil shale. Subject to the […]

§ 39-29-107.5. Credit Allowed for Prior Payment of Impact Assistance

There shall be allowed, as a credit against any taxes imposed by this article on the severance of minerals or mineral fuels from or for a new operation from or for which first severance occurs subsequent to June 30, 1979, an amount equal to the value of approved contributions by the taxpayer made prior to […]

§ 39-29-107.8. Refunds

Prior to the allocation in section 39-29-108, the state treasurer shall set aside and maintain all revenue from the tax imposed pursuant to this article in a reserve that is available for the payment of refunds related to the tax in accordance with section 39-21-108. At the end of each month, any moneys in the […]

§ 39-29-108. Allocation of Severance Tax Revenues – Definitions – Repeal

Except as provided in subsections (2) and (3) of this section, the total gross receipts realized from the severance taxes imposed on minerals and mineral fuels under the provisions of this article shall be credited as follows: For oil and gas, one hundred percent to the state general fund; For oil shale, forty percent to […]

§ 39-29-111. Withholding of Income From Oil and Gas Interest – Definition

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 […]

§ 39-29-112. Procedures and Reports

Except as set forth in subsections (6) and (7) of this section, every person subject to taxation under the provisions of this article shall make an annual return to the department of revenue, separate and apart from other returns required to be made under the provisions of articles 20 to 28 of this title, upon […]

§ 39-29-113. Exemption Prohibited – When

If any person likely to be liable for taxes imposed pursuant to the provisions of this article transfers all or part of his property to another person controlled, directly or indirectly, by the transferor before or after the transfer, the executive director may disallow to the transferee any exemption from tax otherwise authorized pursuant to […]

§ 39-29-114. Component Members of a Controlled Group Treated as One Taxpayer

For the purposes of this article, persons who are members of the same controlled group of corporations shall be treated as one taxpayer. If fifty percent or more of the beneficial interest in two or more corporations, trusts, or estates is owned by the same or related persons (taking into account only persons who own […]

§ 39-29-115. Penalties and Interest

Any person who fails to file a report or to pay the tax due thereon shall pay a penalty of thirty percent of the tax assessed or thirty dollars, whichever is greater, and the interest due under the provisions of section 39-21-110.5. (1.5) Any person who fails to withhold income and make a payment required […]