Colorado
Sales Tax Guide
Colorado Sales Tax
1
Revised August 2021
Colorado imposes sales tax on retail sales of tangible
personal property. In general, the tax does not apply to
sales of services, except for those services specifically
taxed by law. However, in the case of a mixed
transaction that involves a bundled sale of both
tangible personal property and service (whether or not
such service is specifically taxed), the entire purchase
price may be taxable unless certain conditions exist.
The Colorado Department of Revenue administers not
only state sales tax, but also the sales taxes imposed by
a number of cities, counties, and special districts in
Colorado. However, the Department does not
administer and collect sales taxes imposed by certain
home-rule cities that instead administer their own sales
taxes. The information in this publication pertains only
to state and local sales taxes administered by the
Colorado Department of Revenue.
In general, any retailer making sales in Colorado is
required to collect the applicable state and state-
administered local sales taxes. The requirement to
collect tax applies whether the sale is made at a
retailer location in Colorado or delivered to the
customer at a location in Colorado. A retailer may be
required to collect tax even if it has no physical
presence in Colorado.
Any retailer that is required to collect Colorado sales
tax must obtain and maintain a Colorado sales tax
license. They must also file returns and remit collected
taxes at regular intervals, generally on a monthly basis.
Retailers must maintain all records necessary to
determine the correct amount of tax and provide these
records to the Department upon request.
This publication is designed to provide retailers with
general guidance regarding sales tax licensing,
collection, filing, remittance, and recordkeeping
requirements prescribed by law. Additional information
about license applications and renewals, filing options,
forms, and instructions can be found online at
Tax.Colorado.gov/sales-use-tax. Nothing in this
publication modifies or is intended to modify the
requirements of Colorado’s statutes and regulations.
Retailers are encouraged to consult their tax advisors
for guidance regarding specific situations.
Table of Contents
Part 1: Retail Sales . . . . . . . . . . . . . . . . . . . 2
Part 2: Taxable Sales . . . . . . . . . . . . . . . . . 5
Part 3: Calculation of Tax . . . . . . . . . . . . . . . 9
Part 4: Retailers Who Must Collect Tax . . . . . . . . 11
Part 5: Sales Tax Licensing . . . . . . . . . . . . . 14
Part 6: Sales Tax Collection . . . . . . . . . . . . . 17
Part 7: Filing and Remittance . . . . . . . . . . . 20
Part 8: Local Sales Taxes . . . . . . . . . . . . . . . 24
Part 9: Recordkeeping Requirements . . . . . . . 27
Part 10: Refunds and Assessments . . . . . . . . . . . 29
Part 11: Buying or Selling a Retail Business . . . . . 31
Part 1: Retail Sales
2
Revised August 2021
Colorado imposes a sales tax on retail sales of tangible
personal property, prepared food and drink, and
certain services, as well as the furnishing of rooms and
accommodations. Wholesale sales are not subject to
sales tax. This Part 1 outlines criteria for determining
whether a particular transaction is a sale, whether a
particular sale is a retail sale, and whether a retail sale
is made in Colorado and therefore subject to Colorado
tax.
Sales
A sale is any transaction whereby a person, in exchange
for any consideration either:
1) transfers or agrees to transfer a full or partial
interest in any taxable property to any other
person; or
2) performs, furnishes, or agrees to perform or
furnish any taxable service for any other person.
Whether a transaction is absolute or conditional, it is
considered a sale if it transfers from a seller to a buyer
the title or possession of any tangible personal property
or service. The consideration exchanged in a sale may
include money in any form, property, the rendering of
a service, or the promise of any of these things. A
transaction involving taxable property is a sale whether
the seller acts on her own behalf or as the agent for
another party. A transaction involving a taxable service
is a sale whether the seller performs the service or
contracts with another party to perform or furnish the
service.
A bona fide gift of tangible personal property is not a
“sale”.
Retail & wholesale sales
Every sale that is not a wholesale sale is a retail sale. A
wholesale sale is a sale by a wholesaler or jobber to a
retail merchant, jobber, dealer, or other wholesaler for
the purpose of resale. Sales of ingredients or
component parts to manufacturers for incorporation
into a product for sale to an end user or consumer are
also regarded as wholesale sales (see Department
publication Sales & Use Tax Topics: Manufacturing for
additional information). A sale by a wholesaler or
jobber to an end user or consumer is a retail sale and
not a wholesale sale.
If a wholesaler or retailer makes a tax-free wholesale
purchase of an item for resale, but subsequently
withdraws that item from inventory for their own use,
they will owe use tax on that item. Please see the
Colorado Consumer Use Tax Guide for additional
information.
Leases
In general, leases of tangible personal property are
considered retail sales and are subject to Colorado
sales tax. However, a lease for a term of 36 months or
less is tax-exempt if the lessor has paid Colorado sales
or use tax on the acquisition of the leased property. A
lessor may submit a completed Lessor Registration for
Sales Tax Collection (DR 0440) to the Department to
request permission to acquire tangible personal
property tax-free on the condition that the lessor
agrees to collect sales tax on all lease payments
received on the property.
See Department publication Sales & Use Tax Topics:
Leases for additional information regarding the tax
treatment of leases.
Part 1: Retail Sales
3
Revised August 2021
Sourcing sales
Any retail sale that is made in Colorado is subject to
Colorado taxation. A retail sale is considered to be made
in Colorado if it is sourced to Colorado in accordance
with Colorado law. Generally, a retail sale is sourced to
the location where the purchaser takes possession of
the purchased property (“destination sourcing”). A
temporary exception from destination sourcing is
permitted for small retailers whose sales fall below
certain thresholds (“origin sourcing”).
The sourcing rules described in this section apply to
both state and state-administered local sales taxes. See
Part 4: Retailers Who Must Collect Tax and Part 8:
Local Sales Taxes for additional information regarding
state and local sales tax collection requirements.
General destination sourcing rules
In general, a retail sale is made at the location to which
it is sourced in accordance with the following rules:
1) If the purchaser takes possession of the purchased
property or first uses the purchased service at the
seller’s business location, the sale is sourced to
that business location.
2) If the property or service is delivered to the
purchaser at a location other than seller’s business
location, the sale is sourced to the location the
purchaser receives the purchased property or first
uses the purchased service.
3) If the purchaser requests delivery of the property or
service to another person, as a bona fide gift from
the purchaser, the sale is sourced to the location
that person takes possession of the purchased
property or first uses the purchased service.
If a sale cannot be sourced using the preceding rules,
section 39-26-104(3)(a), C.R.S., provides additional
guidelines for sourcing retail sales based upon the
seller’s records, the purchaser’s payment instrument, or
the location from which the property was shipped.
These sourcing rules do not apply to leased property.
See Department publication Sales & Use Tax Topics:
Leases for sourcing rules for lease payments.
Origin sourcing for small retailers
A temporary exception from destination sourcing is
allowed for retailers whose retail sales fall below the
small retailer threshold described below. Under this
exception, all of a small retailer’s sales will be sourced
to the retailer’s business location, except that any sale
delivered to a location outside of Colorado will not be
sourced to Colorado. This temporary exception will
expire on February 1, 2022. Beginning February 1, 2022
all sales will be sourced pursuant to the general
destination sourcing rules.
Small retailer threshold
A retailer will only qualify for origin sourcing if the
retailer’s total retail sales of tangible personal
property, commodities, and/or services in Colorado
during the previous calendar year were $100,000 or
less. If the retailer’s total retail sales in Colorado in the
previous calendar year exceeded $100,000, then all of
the retailer’s sales in the current calendar year must
be sourced in accordance with the general destination
sourcing rules.
A retailer who qualifies for origin sourcing based on
prior year sales will nonetheless transition to
destination sourcing if the retailer’s total retail sales in
Colorado in the current year exceed $100,000. If the
retailer’s retail sales in Colorado in the previous year
were less than $100,000, but exceed $100,000 in the
current year, the retailer’s sales will be sourced using
the general destination sourcing rules beginning with
the first day of the first month commencing at least 90
days after the retailer’s aggregate Colorado retail sales
in the current year exceed $100,000.
Part 1: Retail Sales
4
Revised August 2021
Examples
The following examples demonstrate the application of
the small retailer threshold for determining whether
origin or destination sourcing rules apply.
Example #1
During the previous calendar year, a retailer’s retail
sales in Colorado exceeded $100,000. As a result, all of
the retailer’s retail sales in the current year will be
sourced under the general destination sourcing rules.
Example #2
During the previous calendar year, a retailer’s retail
sales in Colorado were less than $100,000. As a result,
the retailer’s sales will be sourced under the origin
sourcing rules as the current year begins.
On June 15
th
of the current year, the retailer’s
cumulative retail sales in Colorado for the current year
exceed $100,000. Beginning with the first day of the
first month commencing at least 90 days after the
retailer’s aggregate Colorado sales in the current year
exceed $100,000, the retailer’s sales will be sourced
using the general destination sourcing rules.
Consequently, any retail sale the retailer makes on or
after October 1
st
of the current year will be sourced
using the general destination sourcing rules.
Since the retailer’s sales in Colorado in the current year
exceed $100,000, all of the retailers sales in the next
year will be sourced using the general destination
sourcing rules.
Example #3
During the previous calendar year, a retailer’s retail
sales in Colorado were less than $100,000. As a result,
the retailer’s sales will be sourced under the origin
sourcing rules as the current year begins.
On November 15
th
of the current year, the retailer’s
cumulative retail sales in Colorado for the current year
exceed $100,000. Since there are less than 90 days
remaining in the current year after the retailer’s
cumulative sales in Colorado exceeded $100,000, all of
the retailer’s sales in the current year will be sourced
using the origin sourcing rules.
However, since the retailer’s retail sales in Colorado in
the current year exceed $100,000, all of the retailer’s
sales will be sourced using the general destination
sourcing rules beginning January 1
st
of the next year.
Additional resources
The following is a list of statutes, regulations, forms,
and guidance pertaining to sales, retail sales, and the
sourcing of sales. This list is not, and is not intended to
be, an exhaustive list of authorities that govern the tax
treatment of every situation. Individuals and businesses
with specific questions should consult their tax advisors.
Statutes and regulations
§ 29-2-105, C.R.S. Contents of sales tax ordinances.
§ 39-26-102, C.R.S. Definitions.
§ 39-26-104, C.R.S. Property and service taxed.
§ 39-26-105, C.R.S. Vendor liable for tax.
§ 39-26-106, C.R.S. Schedule of sales tax.
§ 39-26-713, C.R.S. Tangible personal property.
Rule 39-26-102(10).
Rule 39-26-102(23).
Rule 39-26-104-2. Sourcing Retail Sales.
Rule 39-26-713-1.
Forms and guidance
Tax.Colorado.gov/sales-use-tax
Sales & Use Tax Topics: Leases
Part 2: Taxable Sales
5
Revised August 2021
Colorado imposes a sales tax on retail sales of tangible
personal property except when such sales qualify for an
exemption specifically authorized by law. Taxable sales
of tangible personal property include, but are not
limited to, the amount charged for mainframe
computer access, photocopying, and packing and
crating. Sales of services are generally not subject to
Colorado sales tax. However, sales of the following
services are specifically taxable under Colorado law:
gas and electric service for commercial use and
intrastate telephone and telegraph services.
Additionally, sales tax applies to prepared food and
drink sold by restaurants, bars, and other similar
establishments. Short-term rentals of rooms and
accommodations are also subject to Colorado sales tax.
This Part 2 discuss taxable sales and exemptions.
Tangible personal property
Tangible personal property subject to sales tax includes
all goods, wares, merchandise, products and
commodities, and all tangible or corporeal things and
substances that are dealt in and capable of being
possessed and exchanged. However, Colorado law
exempts several types of tangible personal property
from sales tax. Additional information regarding
exemptions can be found at the end of this Part 2.
Tangible personal property includes digital goods that
are delivered or stored by digital means, including, but
not limited to, video, music, or electronic books. The
method of delivery does not impact the taxability of a
sale of tangible personal property.
Colorado has specific rules regarding the taxability of
computer software. See Department publication Sales
& Use Tax Topics: Computer Software for additional
information.
Mainframe computer access
Mainframe computer access that is subject to Colorado
sales tax is the provision of access to computer
equipment for the purpose of storing or processing
data. However, sales tax does not apply under the
conditions described below.
Taxable mainframe computer access does not include
the provision of access to computer equipment for the
purpose of examining or acquiring data maintained by
the vendor.
Taxable mainframe computer access also does not
include the provision of access to computer equipment
incident to the electronic delivery of computer
software.
Additionally, taxable mainframe computer access does
not include the provision of computer access incident
to the use of computer software hosted by an
application service provider that retains custody over
or hosts computer software for use by third parties.
Packing and crating
Packing and crating that is subject to Colorado sales
tax is any tangible personal property furnished to
prepare tangible personal property purchased at retail
for delivery to a location designated by the purchaser.
Photocopying
Photocopying that is subject to Colorado sales tax is
the sale of a document rendered on paper or other
similar material by a machine that creates an accurate
reproduction of the original. Taxable photocopying
does not include the provision of a photocopy in
connection with services if the purchaser is not charged
separately for photocopying.
Part 2: Taxable Sales
6
Revised August 2021
Non-taxable property
Real property and intangible personal property are not
subject to Colorado sales tax. However, if intangible
personal property is included with tangible personal
property in a mixed transaction, the entire purchase
price of the transaction may be subject to sales tax.
Real property
Land and buildings are real property. Real property also
includes any tangible personal property that lost its
identity as tangible personal property when it was
incorporated into and became an integral and
inseparable part of real property and that is removable
only with substantial damage to the real property. If
some part of real property is severed and removed, it
once again becomes tangible personal property and
may be subject to sales tax if sold.
Intangible personal property
Intangible personal property constitutes mere rights of
action with no intrinsic value. Examples of intangible
personal property include the following:
contracts,
deeds,
mortgages,
stocks,
bonds, or
certificates of deposit.
Services
Colorado does not generally impose sales tax on
services. However, sales tax is imposed specifically on
intrastate telephone and telegraph services, as well as
gas and electric service for commercial consumption.
Additionally, otherwise nontaxable services may be
subject to sales tax if they are provided as part of a
transaction involving the sale of tangible personal
property. See Part 3: Calculation of Tax and Part 4:
Retailers Who Must Collect Tax for additional
information about service enterprises.
Telephone and telegraph service
Sales tax applies to all intrastate telephone and
telegraph service. Taxable telephone services include
mobile telecommunications services if the service is
provided to a customer whose place of primary use is
within Colorado, private line services, and Voice over
Internet Protocol (VoIP). The service provider must
charge and collect state and any applicable state-
administered local sales taxes.
Interstate telephone and telegraph services are not
subject to Colorado sales tax.
See Department publication FYI Sales 80: Telephone
and Telecommunications for additional information
regarding sales tax on telephone and telegraph service.
Part 2: Taxable Sales
7
Revised August 2021
Gas and electric service
Sales of gas and electric service for commercial
consumption and not for resale are taxable. Tax also
applies to sales of steam when consumed or used by
the purchaser and not resold in its original form. Sales
tax applies to such sales of steam and gas and electric
service regardless of whether the seller or provider is a
municipal, public, or private corporation or enterprise.
Colorado does not impose sales tax on sales of gas,
electricity, or steam for use in any of the following
activities:
processing,
manufacturing,
mining,
refining,
irrigation,
construction,
telegraph communication,
telephone communication,
radio communication,
street and railroad transportation services,
all industrial uses, and
all residential uses.
For additional information regarding sales tax on gas
and electric service, see:
FYI Sales 66: Sales Tax Exemption on Residential
Energy Usage
Retail Food Established Computation Worksheet for
Sales Tax Deduction For Gas and/or Electricity (DR 1465)
Sales Tax Exempt Certificate Electricity & Gas for
Industrial Use (DR 1666)
Prepared food and drink
Colorado sales tax applies to the sale of food and drink
served or furnished in or by dining establishments and
other like places of business at which prepared food or
drink is regularly sold. Such establishments and
businesses include the following:
restaurants,
cafes,
lunch counters,
cafeterias,
hotels,
social clubs,
nightclubs,
cabarets,
resorts,
snack bars,
caterers,
carryout shops,
pushcarts,
motor vehicles, and
other mobile facilities.
Cover charges are also subject to sales tax. However,
meals provided to employees of the establishments and
businesses listed above at no charge or at a reduced
charge are not subject to sales tax.
Please see Department publication Sales & Use Tax
Topics: Dining Establishments for additional information.
Rooms and accommodations
Colorado imposes sales tax on the entire amount
charged for rooms and accommodations. In general, the
tax applies to any charge paid for the use, possession,
or the right to use or possess any room in a hotel,
apartment hotel, inn, lodging house, motor hotel,
motel, guest house, guest ranch, dude ranch, trailer
coach, or mobile home and to any space in any camp
ground, auto camp, or trailer court and park. Under
certain circumstances, the rental of rooms and
accommodations to a permanent resident for a period
of at least 30 consecutive days is exempt from sales
tax. Please see Department publication Sales & Use Tax
Topics: Rooms & Accommodations for additional
information.
Part 2: Taxable Sales
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Revised August 2021
Exemptions
Colorado exempts several types of property and sales
from sales tax. While retailers will not collect tax on
exempt sales, they must maintain appropriate records
and report exempt sales on the applicable lines of the
Colorado Retail Sales Tax Return (DR 0100) and
associated Schedule A and Schedule B.
Some of these exemptions apply automatically to state-
administered local sales taxes and are generally
reported on Schedule A. For others, reported on
Schedule B, each local jurisdiction may generally
choose whether to adopt the exemption. Information
about specific exemptions can be found in Colorado
Sales/Use Tax Rates (DR 1002) the Supplemental
Instructions for Form DR 0100, available online
atTax.Colorado.gov/sales-use-tax-forms.
Additional resources
The following is a list of statutes, regulations, forms,
and guidance pertaining to taxable sales. This list is
not, and is not intended to be, an exhaustive list of
authorities that govern the tax treatment of every
situation. Individuals and businesses with specific
questions should consult their tax advisors.
Statutes and regulations
§ 29-2-105, C.R.S. Contents of sales tax ordinances.
§ 39-26-102, C.R.S. Definitions.
§ 39-26-104, C.R.S. Property and service taxed.
§ 39-26-105, C.R.S. Vendor liable for tax.
§ 39-26-106, C.R.S. Schedule of sales tax.
§ 39-26-704, C.R.S. Miscellaneous sales tax
exemptions hotel residents.
§ 39-26-713, C.R.S. Tangible personal property.
§ 39-26-715, C.R.S. Fuel and oil.
Rule 39-26-102(10).
Rule 39-26-102(11).
Rule 39-26-102(15).
Rule 39-26-102(23).
Rule 39-26-713-1.
Forms and guidance
Tax.Colorado.gov/sales-use-tax
Tax.Colorado.gov/sales-use-tax-forms
Tax.Colorado.gov/sales-use-tax-guidance-publications
Colorado Retail Sales Tax Return (DR 0100)
Colorado Sales/Use Tax Rates (DR 1002)
Retail Food Established Computation Worksheet for
Sales Tax Deduction for Gas and/or Electricity (DR 1465)
Sales Tax Exempt Certificate Electricity & Gas for
Industrial Use (DR 1666)
Sales Tax Topics: Computer Software
Sales & Use Tax Topics: Dining Establishments
Sales & Use Tax Topics: Rooms & Accommodations
FYI Sales 66: Sales Tax Exemption on Residential
Energy Usage
FYI Sales 80: Telephone and Telecommunications
Part 3: Calculation of Tax
9
Revised August 2021
Colorado state sales tax is imposed at a rate of 2.9%.
Any sale made in Colorado may also be subject to
state-administered local sales taxes. Tax rate
information for state-administered local sales taxes is
available online at Tax.Colorado.gov/how-to-look-up-
sales-use-tax-rates.
This Part 3 discusses how the purchase price is
determined in order to calculate the tax on sales of
tangible personal property. The information in the
following sections does not apply to the calculation of
sales tax imposed on the following sales:
gas and electric service,
telephone and telegraph services,
prepared food and drink, or
rooms and accommodations.
Purchase price
For sales of tangible personal property, the sales tax is
calculated on the full purchase price. The purchase
price includes the full amount paid, or promised to be
paid, by the buyer at the time of purchase of the
property, excluding only the following taxes and fees
that may be imposed on the sale:
any direct federal tax;
any state and local sales tax; and
any retail delivery fees and enterprise retail
delivery fees imposed by the state pursuant to
section 43-4-218, C.R.S.
The taxable purchase price includes the gross value of
all material, labor, and service, and the profit thereon
included in the price charged to the user or consumer.
Coupons
Retailers may accept coupons from their customers for
a reduction in the amount paid by the customer. For
tax purposes, coupons are classified as either
manufacturer's coupons or store coupons.
A manufacturer's coupon is issued by the manufacturer
and allows the customer a reduction in the sales price
of the product upon presentation of the coupon to the
retailer. Because the retailer is reimbursed by the
manufacturer for the amount of the reduction, sales
tax applies to the full selling price before the
deduction for the manufacturer's coupon.
A store coupon is issued by the retailer for a reduction in
the sales price when the coupon is presented to the
retailer by the customer. Because there is no
reimbursement to the retailer for such reduction, the
sales tax applies to the reduced selling price of the item.
Exchanged property
Under certain conditions, the fair market value of
tangible personal property exchanged by the purchaser
as part of a taxable sale is excluded from the taxable
purchase price. The fair market value of the tangible
personal property exchanged by the purchaser is
excluded from the taxable purchase price, if either:
such exchanged property is to be sold thereafter in
the usual course of the retailer's business; or
such exchanged property is a vehicle and is
exchanged for another vehicle and both vehicles
are subject to licensing, registration, or
certification under the laws of this state,
including, but not limited to, vehicles operating
upon public highways, off-highway recreation
vehicles, watercraft, and aircraft.
If the purchaser transfers intangible property or performs
services in exchange for tangible personal property, the
fair market value of the intangible property or service is
not excluded from the purchase price.
Part 3: Calculation of Tax
10
Revised August 2021
Associated service charges
With certain exceptions discussed below, the taxable
purchase price includes any service charges associated
with the sale of tangible personal property, such as
charges for installation or delivery, regardless of whether
the service is performed by the seller or a third party.
Associated service charges are subject to tax unless both
the service is separable from the sale of the property and
the service charge is separately stated from the price of
the property sold on the invoice or receipt.
An associated service is separable from the sale of the
property if the service is performed after the taxable
property is offered for sale and the purchaser has the
option not to purchase the associated service. For
example, if delivery is optional and the purchaser may
elect to pick up the property at the seller’s store,
without paying the delivery charge, the delivery charge
is separable.
An associated service charge is separately stated if it
appears as a distinct line item on a written sales
contract, retailer’s invoice, or other written document
issued in connection with the sale, apart from the price
of the property sold. However, the statement of a
charge as a separate line item does not necessarily
indicate that the charge is also separable.
A service charge that is overstated or intended to shift
cost and avoid the proper taxation of the property sold
is not excluded from the purchase price, even if the
service charge is both separable and separately stated.
Maintenance agreements and warranties
The taxability of maintenance agreements and warranties
sold along with tangible personal property is generally
determined under the same rules as other associated
service charges. If the charge for the maintenance
agreement or warranty is both separately stated and
separable, the charge is not subject to tax. Otherwise,
the charge for the maintenance agreement or warranty is
included in the taxable purchase price. See Department
publication Sales & Use Tax Topics: Leases for information
about maintenance services included in lease contracts.
Additional resources
The following is a list of statutes, regulations, forms,
and guidance pertaining to the calculation of tax on
sales of tangible personal property. This list is not, and
is not intended to be, an exhaustive list of authorities
that govern the tax treatment of every situation.
Individuals and businesses with specific questions
should consult their tax advisors.
Statutes and regulations
§ 39-26-102, C.R.S. Definitions.
§ 39-26-104, C.R.S. Property and service taxed.
§ 39-26-105, C.R.S. Vendor liable for tax.
§ 39-26-106, C.R.S. Schedule of sales tax.
Rule 39-26-102(7)(a).
Rule 39-26-102(12).
Rule 39-26-104-3. Exchanged Tangible Personal
Property.
Rule 39-26-105-4.
Special Rule 11. Coupons.
Special Rule 18. Transportation Charges.
Forms and guidance
Tax.Colorado.gov/sales-use-tax
Tax.Colorado.gov/how-to-look-up-sales-use-tax-rates
Tax.Colorado.gov/sales-use-tax-forms
Colorado Retail Sales Tax Return (DR 0100)
Part 4: Retailers Who Must Collect Tax
11
Revised August 2021
A retailer is required to obtain a sales tax license and
collect sales tax on any retail sale of tangible personal
property or taxable service made in Colorado if the
retailer is doing business in Colorado,” as defined
below. See Part 1: Retail Sales for guidance in
determining whether a sale is made in Colorado. Sales
tax licensing and collection requirements apply not
only to for-profit businesses, but also to charitable
organizations and state and local governmental entities
that make retail sales of tangible personal property or
taxable services.
A retailer who makes sales only through a marketplace
may be exempt from sales tax licensing, collection, and
filing requirements if the marketplace facilitator
collects all applicable state and state-administered
local sales taxes on the retailer’s behalf. See
Department publication Sales & Use Tax Topics:
Marketplaces for additional information.
Any retailer that is subject to licensing and collection
requirements is liable and responsible for the
applicable sales tax, whether or not the retailer
actually collected such tax at the time of the sale.
Doing business in Colorado
In general, a retailer is doing business in Colorado if
the retailer sells, leases, or delivers tangible personal
property or taxable services in Colorado or engages in
any activity in Colorado in connection with the selling,
leasing, or delivering of tangible personal property or
taxable services for use, storage, distribution, or
consumption in Colorado. Whether a retailer is deemed
to be doing business in Colorado depends in part on
whether the retailer maintains a physical location in
Colorado and, if not, on the aggregate total of retail
sales the retailer makes into Colorado in the current
and previous calendar years.
Retailers with physical locations in Colorado
A retailer is doing business in Colorado and subject to
all sales tax licensing and collection requirements if
the retailer maintains any place of business in Colorado
directly, indirectly, or by a subsidiary. Such a place of
business may include an office, distribution facility,
salesroom, warehouse, storage place, or home office of
a Colorado resident employee.
A retailer who maintains a place of business in Colorado
is subject to all Colorado sales tax licensing and
collection requirements for as long as the retailer
maintains that place of business. If a retailer ceases to
maintain any place of business in Colorado, the retailer
may no longer be doing business in Colorado, depending
on its other activities within Colorado, as described
below in Retailers with no physical location in
Colorado.
A retailer that makes sales or takes orders at special
events located in Colorado is deemed to maintain a
place of business in Colorado at the location of the
special event for the duration of the special event.
Retailers with no physical location in Colorado
A retailer may be doing business in Colorado even if
that retailer maintains no physical location in the
state, but not if the retailer meets the small retailer
exception described below. A retailer is doing business
in Colorado if the retailer solicits business and receives
orders from Colorado residents by any means
whatsoever. Solicitation may be done by:
1) direct representatives, indirect representatives, or
manufacturers' agents;
2) distribution of catalogues or other advertising;
3) use of any communication media; or
4) use of the newspaper, radio, or television
advertising media.
Part 4: Retailers Who Must Collect Tax
12
Revised August 2021
Small retailer exception
Any retailer who does not maintain a physical location
in Colorado is exempted from state sales tax licensing
and collection requirements if the retail sales of
tangible personal property, commodities, and/or
services made annually by the retailer into Colorado in
both the current and previous calendar years are less
than $100,000. All retail sales are considered for the
purpose of the $100,000 threshold, regardless of
whether those sales would be subject to Colorado tax.
See Part 1: Retail Sales for rules for determining the
location of a sale.
If the retailer’s retail sales in Colorado in the previous
year were less than $100,000, then the retailer must
begin collecting sales tax if its retail sales into Colorado
during the current calendar year exceed $100,000. The
retailer must apply for and obtain a sales tax license and
begin collecting Colorado sales tax by the first day of the
first month commencing at least 90 days after the
retailer’s aggregate Colorado sales in the current year
exceed $100,000. If a retailer fails to obtain a sales tax
license and begin collecting sales tax within the
prescribed period of time, the retailer is nonetheless
liable for all applicable state and state-administered
sales taxes for any subsequent sale made into Colorado.
If the retailer’s Colorado sales in the previous year
exceed $100,000, the retailer is subject to Colorado
sales tax licensing and collection requirements for the
entire calendar year.
The following examples demonstrate the application of
the small retailer exception for retailers who maintain
no physical location in Colorado.
Example #1
A retailer maintains no physical location in Colorado.
During the previous calendar year, the retailer’s retail
sales in Colorado exceeded $100,000. As a result, the
retailer is doing business in Colorado and is required to
obtain a Colorado sales tax license and collect sales tax
on all sales made in Colorado during the entire current
calendar year.
Example #2
A retailer maintains no physical location in Colorado.
During the previous calendar year, the retailer’s retail
sales in Colorado were less than $100,000. As a result,
the retailer is not considered to be doing business in
Colorado and is not required to collect sales tax as the
current year begins.
On June 15
th
of the current year, the retailer’s
cumulative retail sales in Colorado for the current year
exceed $100,000. The retailer must apply for and
obtain a sales tax license and begin collecting Colorado
sales tax by the first day of the first month
commencing at least 90 days after the retailer’s
aggregate Colorado sales in the current year exceed
$100,000. Consequently, the retailer must obtain a
Colorado sales tax license and begin collecting sales tax
on any retail sale the retailer makes in Colorado no
later than October 1
st
of the current year.
Since the retailer’s sales in Colorado in the current
year exceed $100,000, the retailer will be required to
maintain a sales tax license and collect sales tax on all
sales made in Colorado in the following year.
Example #3
A retailer maintains no physical location in Colorado.
During the previous calendar year, the retailer’s retail
sales in Colorado were less than $100,000. As a result,
the retailer is not considered to be doing business in
Colorado and is not required to collect sales tax on
sales made in Colorado as the current year begins.
On November 15
th
of the current year, the retailer’s
cumulative retail sales in Colorado for the current year
exceed $100,000. Since there are less than 90 days
remaining in the current year after the retailer’s
cumulative sales in Colorado exceeded $100,000, the
retailer is not required to collect sales tax on any sale
made in Colorado during the current year.
However, since the retailer’s retail sales in Colorado in
the current year exceed $100,000, the retailer must
obtain a Colorado sales tax license before January 1 of
the following year and collect sales tax on all sales
made in Colorado during the following year.
Part 4: Retailers Who Must Collect Tax
13
Revised August 2021
Retailer agents
The Department may treat any salesperson or
representative as a retailer’s agent and hold that
person jointly liable with the retailer for the collection
and payment of sales tax if he or she:
1) operates under the retailer’s direction;
2) obtains tangible personal property from the
retailer to sell on the retailer’s behalf; or
3) solicits business on behalf of the retailer.
Service enterprises
Anyone engaged in the business of rendering services to
customers is generally considered the consumer, and
not the retailer, of any tangible personal property that
they use incidentally in rendering the service.
Consequently, service enterprises are generally
required to pay sales tax when they acquire such
tangible personal property and are not required to
collect sales tax from their customers. If, in addition to
rendering services, the service enterprise regularly
sells tangible personal property to consumers, then the
service enterprise is a retailer with respect to such
sales and must comply with the licensing, collection,
and filing requirements applicable to retailers.
Mobile food vendors
Mobile food vendors making food sales in Colorado from
pushcarts, motor vehicles, or other mobile facilities are
retailers, subject to sales tax licensing, collection, and
filing requirements. They must collect and remit all
state and state-administered local sales taxes
applicable to the point of sale for each taxable
transaction. Additional information regarding licensing
and filing requirements for mobile vendors can be
found online at Tax.Colorado.gov/sales-use-tax.
Flea markets and farmers markets
Anyone making sales at a flea market or farmers
market in Colorado is a retailer and is subject to sales
tax licensing, collection, and filing requirements with
respect to each market at which they make sales. See
Part 5: Sales Tax Licensing and Part 6: Sales Tax
Collection for additional information about licensing
and collection requirements.
Additional resources
The following is a list of statutes, regulations, forms,
and guidance relevant in evaluating a retailer’s
obligation to collect Colorado sales tax. This list is not,
and is not intended to be, an exhaustive list of
authorities that govern the tax treatment of every
situation. Individuals and businesses with specific
questions should consult their tax advisors.
Statutes and regulations
§ 39-21-112, C.R.S. Duties and powers of executive
director.
§ 39-26-102, C.R.S. Definitions.
§ 39-26-104, C.R.S. Property and service taxed.
§ 39-26-105, C.R.S. Vendor liable for tax.
§ 39-26-106, C.R.S. Schedule of sales tax.
Rule 39-26-102(3). Doing Business in This State.
Rule 39-26-103. Sales Tax Licensing.
Rule 39-21-112(3.5). Notice and Reporting
Requirements for Non-Collecting Retailers.
Forms and guidance
Tax.Colorado.gov/sales-use-tax
Part 5: Sales Tax Licensing
14
Revised August 2021
Any person or entity that will engage in the business of
selling at retail must first obtain a sales tax license,
unless that person or entity is specifically exempted
from licensing requirements. Licensing requirements
apply not only to traditional retailers, but also to
charitable organizations (with certain exceptions) and
individuals making regular sales out of their homes.
Information about license applications and renewals is
available online at Tax.Colorado.gov/sales-tax-
account-license.
Standard retail sales tax licenses
Any retailer that is required to collect sales tax, as
discussed in Part 4: Retailers Who Must Collect Tax,
must apply for and obtain a sales tax license prior to
making any sales. Licenses are non-transferable.
Anyone who starts a new retail business or purchases
an existing retail business must apply for and obtain a
new sales tax license. A retailer is not required to
obtain a license if the retailer is engaged exclusively in
the business of selling commodities that are exempt
from all otherwise applicable state and state-
administered local sales taxes.
Retailers must remit a license fee of $16, prorated
depending on the date of issuance, and a deposit of $50
at the time of application. The Department will refund
the deposit after the retailer has commenced
operations, filed the required sales tax return(s), paid
the applicable tax, and the state sales tax remitted, in
aggregate, exceeds $50. A retailer who sells only
products that are exempt from state tax, but subject
to state-administered local sales tax, may request a
waiver of the $50 deposit requirement.
Retailers must display the license in a conspicuous place
at their business locations. If a retailer maintains
multiple business locations in Colorado, a separate
license is required for each business location.
Licenses expire on December 31
st
of odd-numbered
years (e.g. 2019, 2021, 2023), unless revoked sooner by
the Department.
Wholesaler licenses
Any business operating exclusively as a wholesaler may
apply to the Department for a license to engage in the
business of selling at wholesale. A wholesaler is a
person or company conducting a regularly organized
wholesale or jobbing business, known within the trade
as a wholesaler, and selling to retail merchants,
jobbers, dealers, or other wholesalers, for the purpose
of resale.
Applicants for a wholesale license must pay a fee $16,
prorated depending on the date of issuance. Wholesale
licenses expire on December 31
st
of odd-numbered
years (e.g. 2019, 2021, 2023), unless revoked sooner by
the Department.
Charitable organizations
Charitable organizations that make retail sales are
subject to the same licensing requirements of other
retailers unless all of the organization’s sales are
exempt from taxation. Sales made by a charitable
organization are exempt from sales tax if all three of
the following conditions are met:
1) the funds raised through the sales are retained by
the organization to be used in the course of the
organization's charitable service;
2) the net proceeds from the charitable organization’s
otherwise taxable sales in the preceding calendar
year were less than $45,000; and
3) the net proceeds from the charitable organization’s
otherwise taxable sales in the current calendar year
are less than $45,000.
See Department publication Sales & Use Tax Topics:
Charitable Organizations for additional information
regarding sales made by charitable organizations.
Part 5: Sales Tax Licensing
15
Revised August 2021
Special event licenses
Anyone making retail sales at one or more special sales
events must obtain a special event license, unless the
event organizer has obtained a license to file returns
and remit tax on behalf of sellers participating in the
event. A special sales event is an event where retail
sales are made by more than three sellers at a location
other than their normal business location(s) and that
occurs no more than three times in any calendar year.
Special event license requirements apply to sellers
participating in the event regardless of whether such
sellers have been issued a standard retail sales tax
license for their regular business location.
Special event licenses apply only to retail sales made at
the special sales event by the seller to whom the
license is issued. The license does not apply to sales
made at the seller's regular business location or at any
other location.
Event organizers
Special event organizers bear various responsibilities in
relation to the special event. The organizer must
inform each seller participating in the event of the
various taxes and tax rates that apply to retail sales
made at the event. Additionally, the organizer must
provide a list of the sellers participating in the event to
the Department. The list must include the names,
addresses, and special sales event license number, if
any, of each seller participating in the event. The
organizer must submit such list to the Department
within ten days of the last day of the event.
A special event organizer may elect to obtain a special
event license in order to file and remit taxes on behalf
of some or all of the sellers participating in the event.
The license will only apply to the event for which it is
issued and cannot be used for any other event.
Any seller participating in the event must collect the
applicable state and state-administered local sales
taxes due, but may elect to remit such taxes to the
event organizer if the organizer has obtained a special
event license. A seller participating in the event may
make this election even if the seller has obtained a
special event license of their own.
Special event filing
Any seller participating in a special event must file a
return and remit payment of sales taxes for the event,
unless the seller has remitted the taxes to the event
organizer who has obtained a license as described
above. If the event organizer has obtained a license,
the organizer must file a return and remit payment for
all sellers that have elected to remit taxes to the
organizer. The seller’s or organizer’s return and
payment must be filed and remitted by the 20
th
day of
the month following the month in which the special
event began. If the 20
th
falls on a Saturday, Sunday, or
legal holiday, the return and tax remittance is due the
next business day.
A licensed organizer must maintain records regarding
all taxes remitted to the organizer. The records must
include, for each participating seller that has remitted
taxes to the organizer:
the seller’s name and address;
the amount of gross retail sales made by the seller
at the event; and
the amount of sales tax collected by the seller at
the event.
Any retailer who makes sales as a participant in a
special event and also maintains a regular business
location cannot simply include their special event sales
in their sales tax return for their regular business
location. The retailer must either file a separate return
for their sales at the special event or remit the tax for
such sales to the event organizer, as described above.
Part 5: Sales Tax Licensing
16
Revised August 2021
Governmental entities
Any state or local government department, agency, or
institution that makes retail sales in Colorado is a retailer
subject to sales tax licensing and collection requirements.
See Department publication FYI Sales 86: Sales Tax
Exemption on School-Related Items for information about
sales made by schools and school organizations.
Additional resources
The following is a list of statutes, regulations, forms,
and guidance pertaining to Colorado sales tax licensing
requirements. This list is not, and is not intended to be,
an exhaustive list of authorities that govern the tax
treatment of every situation. Individuals and businesses
with specific questions should consult their tax advisors.
Statutes and regulations
§ 39-21-119, C.R.S. Filing with executive director
when deemed to have been made
§ 39-26-102, C.R.S. Definitions
§ 39-26-103, C.R.S. Licenses
§ 39-26-718, C.R.S. Charitable organizations
Rule 39-26-103. Sales Tax Licensing.
Rule 39-26-718. Charitable and Other Exempt
Organizations.
Forms and guidance
Tax.Colorado.gov/sales-use-tax
Tax.Colorado.gov/sales-tax-account-license
Tax.Colorado.gov/sales-use-tax-guidance-publications
Sales & Use Tax Topics: Charitable Organizations
FYI Sales 86: Sales Tax Exemption on School-
Related Items
Part 6: Sales Tax Collection
17
Revised August 2021
Retailers must add the state sales tax, along with any
state-administered local sales taxes, to the sale price
or charge for any taxable sale. If the purchased
property or taxable service is delivered to the
purchaser at a location in Colorado, the retailer must
collect all state and state-administered local sales
taxes applicable to the point of delivery. The tax due
constitutes a part of the price or charge and, until paid
by the purchaser to the retailer, is a debt from the
purchaser to the retailer that is legally recoverable in
the same manner as other debts.
All sums of money paid by the purchaser to the retailer
as sales taxes are and remain public money and the
property of the State of Colorado, or the appropriate
local jurisdiction, in the hands of such retailer. The
retailer must hold such monies in trust for the sole use
and benefit of the State of Colorado, or the
appropriate local jurisdiction, until remitted to the
Department. Failure to remit such taxes to the
Department is punishable as provided by law.
Tax disclosure requirements
It is illegal for any retailer to advertise, hold out, or
state to the public or to any customer, directly or
indirectly, that the sales tax due:
will be assumed or absorbed by the retailer;
will not be added to the selling price of the
property sold; or
will be refunded to the purchaser, in full or in part.
The retailer must disclose the sales tax as a separate
and distinct item. The amount of tax must be separately
stated as a dollar amount. A statement of the tax rate
only is not sufficient. If the retailer issues the buyer a
receipt, invoice, or other document setting forth the
purchase price, the retailer must separately state the
tax on such document. If the retailer does not issue a
document that sets forth the purchase price, then the
retailer must disclose the tax of each item on signage
clearly visible to the purchaser.
Failure to collect
Retailers who fail to collect the required tax are
nonetheless liable for the full amount of tax due on all
sales, except for any sale that is tax-exempt. A retailer
is liable for the tax due even if the retailer has failed
or refused to obtain a Colorado sales tax license.
Direct pay permits
Purchasers who meet certain qualifications may apply
for a direct payment permit. A purchaser who holds a
direct payment permit (a “qualified purchaser”)
assumes responsibility for remitting all applicable sales
taxes directly to the Department and not to the
retailer. Retailers will not be liable for the collection
of sales taxes from a qualified purchaser if both of the
following conditions are met:
the qualified purchaser presents their direct pay
permit at the time of the sale; and
payment is made from the qualified purchaser’s
funds and not from the funds of any other party,
including the personal funds of any individual.
Direct pay permits issued by the Department have the
words “Direct Pay Permit” in the upper left corner. The
retailer must retain a copy of the qualified purchaser’s
direct pay permit.
Part 6: Sales Tax Collection
18
Revised August 2021
Exempt sales
A retailer must exercise due diligence with respect to
any sale for which the purchaser claims exemption
from sales tax. If evidence readily discernible to the
retailer at the time of the sale provides reason to
doubt the purchaser’s eligibility for the exemption
claimed, the retailer must either obtain and retain
sufficient information and documentation from the
purchaser to resolve the doubt or must collect the
applicable tax.
Exemption verification
If the purchaser is claiming exemption as a retailer,
wholesaler, or tax-exempt organization, or as a
contractor purchasing building materials for a tax-
exempt construction project, the retailer must verify
that the purchaser’s sales tax license or exemption
certificate is current and valid at the time of the sale
and can do so online at Colorado.gov/RevenueOnline.
Alternately, a retailer may inspect a physical copy of
the purchaser’s license or certificate, issued by the
Department or the comparable tax administration
agency of another state, to verify that it is current and
valid and retain a copy for their records. A retailer may
also accept from an out-of-state purchaser a fully
completed Standard Colorado Affidavit of Exempt Sale
(DR 5002), Sales Tax Exemption Certificate (DR 0563),
or Multistate Tax Commission Uniform Sales & Use Tax
Exemption/Resale Certificate. The retailer must retain
a copy of the completed exemption form.
Retailers must consider whether the nature of goods or
services sold is consistent with the purchaser’s claim
that the sale is exempt from sales tax. The retailer
must collect the tax if the retailer has reason to doubt
that a purchase is:
made for resale;
made in the conduct of exempt organization’s
charitable functions and activities;
made in the governmental capacity of U.S. govern-
ment, the State of Colorado, or any of its depart-
ments, institutions, or political subdivisions; or
otherwise exempt.
In the case of a sale to a tax-exempt organization or
governmental entity, the retailer must also verify that
the purchase is made directly from the funds of the
organization or entity claiming the exemption. This
requirement is satisfied if payment is made with a
credit card or check in the name of the tax-exempt
organization or governmental entity claiming
exemption. This requirement does not apply to
purchases made by charitable organizations for less
than $250.
Disputes about exemptions
Retailers bear the burden of proof for the proper
exemption of any sale upon which the retailer did not
collect sales tax. If there is disagreement between the
retailer and the purchaser about whether or not a sale
is exempt, the retailer must collect the tax and the
purchaser is obligated to pay it. In the case of such
disagreement, the retailer must issue to the purchaser
a receipt or certificate showing the names of the
retailer and purchaser, the item(s) purchased, the
date, price, amount of tax paid, and a brief statement
of the claim of exemption. The purchaser may request
a refund from the Department of the tax paid using the
applicable Department form.
Part 6: Sales Tax Collection
19
Revised August 2021
Additional resources
The following is a list of statutes, regulations, forms,
and guidance pertaining to sales tax collection. This list
is not, and is not intended to be, an exhaustive list of
authorities that govern the tax treatment of every
situation. Individuals and businesses with specific
questions should consult their tax advisors.
Statutes and regulations
§ 29-2-105, C.R.S. Contents of sales tax ord.
§ 29-2-106, C.R.S. Collection administration.
§ 39-26-102, C.R.S. Definitions.
§ 39-26-103.5, C.R.S. Qualified purchaser direct
pay permit.
§ 39-26-104, C.R.S. Property and services taxed.
§ 39-26-105, C.R.S. Vendor liable for tax.
§ 39-26-106, C.R.S. Schedule of sales tax.
§ 39-26-108, C.R.S. Tax cannot be absorbed.
§ 39-26-118, C.R.S. Recovery of taxes.
§ 39-26-703, C.R.S. Disputes and refunds.
§ 39-26-704, C.R.S. Miscellaneous sales tax
exemptions governmental entities.
Rule 39-26-102(9). Retail Sales.
Rule 39-26-103. Sales Tax Licensing.
Rule 39-26-103.5. Direct Payment Permit.
Rule 39-26-105-3. Documenting Exempt Sales.
Rule 39-26-106-1. Separately Stated Tax.
Forms and guidance
Tax.Colorado.gov/sales-use-tax
Tax.Colorado.gov/sales-use-tax-forms
Colorado.gov/RevenueOnline
Standard Colo. Affidavit of Exempt Sale (DR 5002)
Sales Tax Exemption Certificate (DR 0563)
Sales & Use Tax Topics: Governmental Entities
Part 7: Filing and Remittance
20
Revised August 2021
Retailers must file sales tax returns reporting all sales
made, whether taxable or exempt, at regular intervals
in accordance with prescribed filing schedules. If the
retailer maintains a physical location in the state from
which sales are made, but makes no retail sales during
the tax period, the retailer must nonetheless file a
return to report that no sales were made and no tax is
due. The retailer’s return must properly account not
only for all state sales tax, but also for all sales tax
collected and due for each applicable state-
administered local jurisdiction. Forms, filing
instructions, and electronic filing options are available
online at Tax.Colorado.gov/sales-tax-filing-
information.
Filing frequency and due dates
A retailer’s filing frequency is determined initially
when the retailer’s license is issued, but may be
subsequently adjusted by the Department or at the
retailer’s request. In general, retailers must file
monthly sales tax returns reporting and remitting all
tax due. If the retailer’s average or estimated monthly
state sales tax collection is less than $300, the retailer
will be required to file returns and remit tax on a
quarterly basis. If the retailer’s average or estimated
monthly sales tax collection is $15 or less, the
Department may grant the retailer permission to file on
an annual basis.
The Department will, on an annual basis, calculate the
retailer’s average monthly sales tax collection and
adjust the retailer’s filing schedule to increase the
retailer’s required filing frequency if necessary. Any
such adjustment will be made effective January 1. The
Department will not make any automatic adjustment to
a retailer’s filing schedule to decrease the frequency of
filing, but a retailer may, based upon reduced sales tax
collection, request a change to their filing schedule.
Regardless of the retailer’s filing frequency (monthly,
quarterly, or annually), the retailer must file its sales
tax return and remit all applicable tax by the 20
th
day
of the month following the close of the tax period. For
example, a monthly filer’s June return is due July 20
th
and a quarterly filer’s 3
rd
quarter return is due October
20
th
. If the 20
th
falls on a Saturday, Sunday, or legal
holiday, the retailer’s return and tax remittance is due
the next business day.
Seasonal businesses
If a retailer is engaged in a seasonal business (a
business that the retailer does not operate in Colorado
during certain months of the year), the retailer may
request permission to file returns and remit tax only for
the months of the year that the business operates. The
retailer may make such request with its license
application or by submitting such request to the
Department in writing. The retailer must immediately
notify the Department if the retailer operates its
business in any month outside of the previously
established period of seasonal operation.
Alternate filing schedules
If a retailer regularly employs accounting methods
involving reporting periods other than calendar months
(such as thirteen four-week periods over the course of
the year), the retailer may request permission to file
returns and remit tax on a filing schedule consistent
with such accounting methods. Any retailer requesting
such permission must make such request to the
Department in writing.
Wholesalers
Wholesalers that make no retail sales must file returns
on an annual basis to report their gross sales and
allowable subtractions. A wholesaler that makes retail
sales in addition to wholesale sales is subject to the
same filing requirements as retailers and must file
returns and remit tax monthly or quarterly, as
applicable, unless the wholesaler has received
permission to file less frequently.
Part 7: Filing and Remittance
21
Revised August 2021
Failure to file
If a retailer neglects or refuses to file a sales tax return
for any period for which the retailer has an open sales
tax account, the Department will estimate the tax due
based upon the best available information. The
Department will issue a notice of deficiency to the
retailer based upon this estimate. When such estimate
and notice of deficiency have been made, the retailer
may prepare and file a return for the tax period in
question or otherwise protest the notice of deficiency
as provided by law.
Remittance requirements
Retailers are liable and responsible for state sales tax
equal to 2.9% of their total taxable sales, regardless of
whether the retailer actually collected such tax, as
well as any tax collected in excess of this amount.
Retailers are required to remit, with the filing of each
return, all tax reported on such return, minus any
service fee allowed to the retailer. Any tax a retailer
fails to pay by the applicable due date is subject to
penalties and interest.
Retailer’s service fee
Unless a retailer is delinquent in remitting the tax due,
the retailer generally may deduct and retain a service
fee from the collected tax to cover the retailer’s
expenses in the collection and remittance of the tax.
For sales made on or after January 1, 2020, the service
fee is equal to 4% of the state sales tax due for the
period, but the total amount a retailer is allowed to
retain for any filing period is limited to $1,000. The
total service fee a retailer may retain for any filing
period may not exceed $1,000, even if the retailer has
multiple business locations or makes sales at different
locations in the state.
Beginning January 1, 2022, a retailer is not permitted
to retain any money to cover the retailer's expenses in
collecting and remitting tax in accordance with this
section for any filing period that the retailer's total
taxable sales were greater than one million dollars.
If the retailer is delinquent in remitting the tax due,
the retailer is not allowed to deduct and retain any
service fee. State-administered local jurisdictions may
also allow retailers to retain a service fee from the
collected local taxes, although service fee percentages
vary by jurisdiction. See Department publication
Colorado Sales/Use Tax Rates (DR 1002) for service fee
percentages for state-administered local sales taxes.
If a retailer has appropriately retained a service fee
and, subsequent to the applicable due date, owes
additional tax for the filing period as the result of an
amended return or an adjustment made by the
Department, the retailer is not allowed to retain a
service fee for the additional tax, but the retailer is
allowed to retain the service fee associated with the
original return, so long as the retailer filed the original
return in good faith.
Electronic funds transfer (EFT)
A retailer is required to remit all state and state-
administered local sales tax via electronic funds
transfer (EFT) if the retailer’s annual state sales tax
liability for the prior calendar year exceeded $75,000.
Any local sales taxes the retailer collected in the prior
year are not considered in determining whether the
retailer exceeded the $75,000 threshold. Retailers
whose prior year state sales tax collection did not
exceed the $75,000 threshold may nonetheless elect to
remit sales taxes via EFT.
Payments made by EFT must be made on or before
4:00 P.M. Mountain Time on the due date of the tax
payment in order to be treated as paid on that day.
Payments made after 4:00 P.M. Mountain Time are
considered to be made on the following day. Payments
made on a weekend or legal holiday are treated as paid
before 4:00 P.M. of the next business day.
Part 7: Filing and Remittance
22
Revised August 2021
Penalties and interest
A retailer will owe a penalty if they neglect or refuse to:
file a return by the due date;
pay the tax due by the due date; or
correctly account, within their return, for all state
and state-administered local sales tax due.
The penalty is imposed at a rate of 10% of the unpaid
tax, plus an additional 0.5% for each month the tax
remains unpaid, not to exceed a total of 18%.
Additional penalties may be imposed for negligence or
fraud.
Interest accrues on any late payment of tax from the
original due date of the tax to the date the tax is paid.
The rate of interest accrual depends on the calendar
year(s) over which the deficiency continues.
Additionally, a discounted rate is allowed if:
the retailer pays the tax in full prior to the
issuance of a notice of deficiency;
the retailer pays the tax in full within 30 days of
the issuance of a notice of deficiency; or
within 30 days of the issuance of a notice of
deficiency, the retailer enters into an agreement
to pay the tax in monthly installments.
The discounted and non-discounted, regular interest
rates for recent years are listed in the following table.
Annual Interest Rates
Calendar year
Regular rate
2018
7%
2019
8%
2020
9%
2021
6%
Items removed from inventory
If a wholesaler or retailer make a tax-free wholesale
purchase of an item for resale, but subsequently
withdraws that item from inventory for their own use,
they will owe use tax on that item. Please see the
Colorado Consumer Use Tax Guide for additional
information about filing and remittance requirements
for consumer use tax.
Part 7: Filing and Remittance
23
Revised August 2021
Additional resources
The following is a list of statutes, regulations, forms,
and guidance pertaining to sales tax filing and
remittance. This list is not, and is not intended to be,
an exhaustive list of authorities that govern the tax
treatment of every situation. Individuals and businesses
with specific questions should consult their tax
advisors.
Statutes and regulations
§ 39-21-103, C.R.S. Hearings.
§ 39-21-109, C.R.S. Interest on underpayment.
§ 39-21-110.5, C.R.S. Rate of interest.
§ 39-21-119, C.R.S. Filing with executive director
when deemed to have been made.
§ 39-21-120, C.R.S. Signature and filing alternatives.
§ 39-26-105, C.R.S. Vendor liable for tax.
§ 39-26-105.5, C.R.S. Remittance of sales tax
electronic funds transfer.
§ 39-26-109, C.R.S. Reports of vendor.
§ 39-26-112, C.R.S. Excess tax remittance.
§ 39-26-115, C.R.S. Deficiency due to negligence.
§ 39-26-118, C.R.S. Recovery of taxes.
§ 39-26-122, C.R.S. Administration.
Rule 39-26-105-1. Remittance of Sales Tax.
Rule 39-26-106-1. Separately Stated Tax.
Rule 39-26-109. Sales Tax Filing Schedules.
Special Rule 1. Electronic Funds Transfer.
Forms and guidance
Tax.Colorado.gov/sales-use-tax
Tax.Colorado.gov/sales-tax-filing-information
Tax.Colorado.gov/sales-use-tax-forms
Colorado.gov/RevenueOnline
Colorado Retail Sales Tax Return (DR 0100)
Colorado Sales/Use Tax Rates (DR 1002)
Colorado Department of Revenue Electronic Funds
Transferred (EFT) Program For Tax Payments
(DR 5782)
Electronic Funds Transfer (EFT) Account Setup For
Tax Payments (DR 5785)
Part 8: Local Sales Taxes
24
Revised August 2021
Cities, counties, and special districts in Colorado can also
impose tax on sales made within their boundaries. The
Colorado Department of Revenue administers and
collects sales taxes imposed by many cities, most
counties, and a number of special districts. However, the
Department does not administer and collect sales taxes
imposed by certain home-rule cities, which instead
administer their own sales taxes. Department publication
Colorado Sales/Use Tax Rates (DR 1002) provides
detailed information about local sales taxes and
exemptions.
Retailers required to collect Colorado sales tax are also
required to collect any applicable state-administered
local sales taxes on any sales made at the retailer’s
location in Colorado, as well as on any sales delivered in
Colorado. The criteria for determining whether a sale
takes place within the boundaries of a particular state-
administered local taxing jurisdiction are the same as for
determining whether a sale takes place in Colorado. In
general, a sale takes place within a state-administered
local taxing jurisdiction if it is delivered to the purchaser
at a location within that jurisdiction. See Part 1: Retail
Sales for guidance in determining the location of a sale.
Local sales tax exemptions
In general, the local sales taxes administered by the
Department apply to the same sales of tangible personal
property and selected services as the state sales tax.
However, the sales tax exemptions allowed by the state
and state-administered local jurisdictions are not
entirely identical. The Supplemental Instructions for
Form DR 0100 and Department publication Colorado
Sales/Use Tax Rates (DR 1002), both available online at
Tax.Colorado.gov/sales-use-tax-forms, provide detailed
information about state-administered local sales tax
exemptions.
Geographic information system (GIS)
Retailers can use the geographic information system
(GIS) database, accessible through the Department’s
website, to determine the local taxing jurisdictions to
which taxes are owed and to calculate appropriate sales
and use tax rates for individual addresses. Additional
information about the GIS database can be found online
at Tax.Colorado.gov/GIS-info.
If a retailer properly uses the GIS databasea third-party
database that is verified to use the most recent information
provided by the GIS databaseto determine the local
jurisdictions to which tax is owed for a given sale, the
retailer will not be held liable for any local sales tax the
retailer failed to properly collect solely as a result of an
error or omission in the database. In order to be relieved of
liability with respect to any particular sale, a retailer must
collect, retain, and produce, upon request, documentation
sufficient to demonstrate proper use of and reliance on a
certified database at the time of the sale. See Part 9:
Recordkeeping Requirements for information about
recordkeeping requirements related to the use of the GIS
database.
Filing and remitting local taxes
State-administered local sales taxes are reported and
remitted on the same form and at the same time as state
sales taxes. See Part 7: Filing and Remittance and the
Colorado Retail Sales Tax Return (DR 0100) for additional
information. Many cities, counties, and special districts
allow retailers to deduct and retain a service fee from
collected taxes to cover the retailer’s expenses in the
collection and remittance of the tax. However, the
allowable percentage for local service fees varies by
jurisdiction. See Part 7: Filing and Remittance and
Department publication Colorado Sales/Use Tax Rates
(DR 1002) for additional information about retailer
service fees allowed by state-administered local
jurisdictions.
Part 8: Local Sales Taxes
25
Revised August 2021
Motor vehicles and building materials
Specific rules govern the imposition of state-
administered local sales taxes on motor vehicles and
building materials. Under certain circumstances, motor
vehicles and building materials are subject to local use
taxes, rather than sales taxes. The Colorado Department
of Revenue does not administer use taxes for any city or
county. Instead, any applicable city and county use taxes
are generally paid directly to the city or county with the
application for either motor vehicle titling or
construction permitting. Department publication
Colorado Sales/Use Tax Rates (DR 1002) provides
information about local use taxes.
Motor vehicles
The sale of a motor vehicle is exempt from state-
administered local sales tax if both of the following
conditions are met:
the purchaser is a nonresident of the city, county,
or special district or, if the purchaser is a business,
the purchaser’s principal place of business is outside
of the city, county, or special district; and
the motor vehicle is registered or required to be
registered outside of the city, county, or special
district.
If the sale of a motor vehicle is exempt from any state-
administered local sales tax, based upon these
conditions, the purchaser may be required to pay use tax
to the county clerk at the time of registration for the
city, county, and/or special district in which the vehicle
is registered.
See Department publication Sales & Use Tax Topics:
Motor Vehicles for additional information.
Construction and building materials
The sale of construction and building materials are
exempt from state-administered city or county sales tax
if both of the following conditions are met:
the purchaser presents to the seller a building
permit or similar documentation; and
the building permit or similar documentation shows
that local use tax has been paid or is required to be
paid.
See Department publication FYI Sales 6: Contractors and
Retailer-Contractors for additional information.
Part 8: Local Sales Taxes
26
Revised August 2021
Additional resources
The following is a list of statutes, regulations, forms, and
guidance pertaining to state-administered local sales
tax. This list is not, and is not intended to be, an
exhaustive list of authorities that govern the tax
treatment of every situation. Individuals and businesses
with specific questions should consult their tax advisors.
Statutes and regulations
§ 29-1-204.5, C.R.S. Establishment of
multijurisdictional housing authorities.
§ 29-2-102, C.R.S. Municipal sales or use tax.
§ 29-2-103, C.R.S. Countywide sales or use tax.
§ 29-2-103.5, C.R.S. Sales tax for mass transit.
§ 29-2-105, C.R.S. Contents of sales tax ordinances.
§ 29-2-106, C.R.S. Collection administration.
§ 29-2-109, C.R.S. Contents of use tax ordinances.
§ 30-11-107.9, C.R.S. County tax for public safety.
§ 30-20-604.5, C.R.S. District sales tax.
§ 32-1-1106, C.R.S. Special financial provisions.
§ 32-9-119, C.R.S. Additional powers of district.
§ 32-13-107, C.R.S. Sales and use tax imposed.
§ 32-19-111, C.R.S. Financial powers.
§ 32-19-112, C.R.S. Sales tax imposed.
§ 32-21-110, C.R.S. Financial powers.
§ 32-21-111, C.R.S. Sales and use tax imposed.
§ 39-26-102, C.R.S. Definitions.
§ 39-26-104, C.R.S. Property and services taxed.
§ 39-26-105, C.R.S. Vendor liable for tax.
§ 39-26-105.3, C.R.S. Remittance of tax electronic
database.
§ 39-26-106, C.R.S. Schedule of sales tax.
§ 43-4-605, C.R.S. Powers of the authority.
Rule 39-26-105.3. Electronic Address Databases.
Forms and guidance
Tax.Colorado.gov/sales-use-tax
Tax.Colorado.gov/how-to-look-up-sales-use-tax-rates
Tax.Colorado.gov/sales-use-tax-forms
Tax.Colorado.gov/GIS-info
Colorado.gov/RevenueOnline
Colorado Sales/Use Tax Rates (DR 1002)
Colorado Retail Sales Tax Return (DR 0100)
Sales & Use Tax Topics: Motor Vehicles
FYI Sales 6: Contractors and Retailer-Contractors
Part 9: Recordkeeping Requirements
27
Revised August 2021
Retailers are required to keep and preserve any books,
accounts, and records as may be necessary to
determine the correct amount of tax for a minimum of
three years. Such books, accounts, and records must
include records of all sales and all information
necessary to determine the correct amount of state
and state-administered local sales taxes for which the
retailer is liable. Additionally, every retailer must keep
and preserve for a period of three years all invoices of
goods and merchandise purchased for resale.
A retailer must produce all such books, accounts,
invoices, and records upon request from the Department.
Documenting exempt sales
With respect to any tax-exempt sale, the retailer must
obtain and retain sufficient information and
documentation from the purchaser to verify the
eligibility of the sale for exemption.
For any purchaser claiming exemption as a retailer,
wholesaler, or tax-exempt organization, the retailer
must verify that the purchaser’s sales tax license or
exemption certificate is current and valid at the time
of the sale. The Department recommends that retailers
verify the validity of such purchasers licenses or
certificates online at Colorado.gov/RevenueOnline.
In lieu of verifying a purchaser’s license or certificate
through the Department’s online verification system,
the seller may inspect a physical copy of the license or
certificate for completeness and to ensure that the
license or certificate has not expired. If the seller
relies on a physical copy of the license or certificate
for verification, the seller must retain a copy of the
document for their records.
A retailer must also retain copies of any of the
following forms the retailer has accepted from an out-
of-state purchaser: Standard Colorado Affidavit of
Exempt Sale (DR 5002), Sales Tax Exemption
Certificate (DR 0563), or Multistate Tax Commission
Uniform Sales & Use Tax Exemption/Resale Certificate.
Direct pay permits
If a retailer does not collect tax on a sale because the
purchaser holds a direct payment permit, the retailer
must retain a copy of the direct pay permit. Direct pay
permits issued by the Department have the words
“Direct Pay Permit” in the upper left corner. See Part
6: Sales Tax Collection for additional information about
direct pay permits.
Geographic information system (GIS)
A retailer that relies on the Department’s GIS database
or a third-party database that is verified to use the
most recent information provided by the GIS database
and claims relief from liability based upon such
reliance must retain records sufficient to demonstrate
proper use of and reliance on the database. Additional
information about the GIS database can be found online
at Tax.Colorado.gov/GIS-info.
Evidence of proper use
A retailer will be relieved of liability for a failure to
collect the correct tax only if such failure resulted
solely from an error or omission in the GIS database. A
retailer must retain records sufficient to demonstrate
that the address the retailer checked through the
database was complete and free of errors. If the
address the retailer checked with the database was
incomplete or contained errors, any resulting failure to
collect the correct tax will not be considered a result
of an error or omission in the database and the retailer
will not be relieved of liability.
Part 9: Recordkeeping Requirements
28
Revised August 2021
Evidence of reliance
If a retailer contracts with a third-party database that
is verified to use the most recent information provided
by the Department’s GIS database for a “hosted” or
“on premise” solution that integrates database
utilization into the retailer’s billing system, the
contract in effect at the time of the sale will
demonstrate the retailer’s reliance on the database
with respect to the sale.
If a retailer has no such contract for integrated
database utilization, but instead accesses the database
remotely for occasional use, the retailer must collect
and retain documentation sufficient to demonstrate
such use. Such documentation must reflect the physical
address in question, the jurisdiction(s) identified by the
database for the address, and the date that such
information was accessed. A screen print of the
database response will be sufficient to document
reliance so long as the screen print reflects the
address, the jurisdiction(s), and the date of use.
Additional resources
The following is a list of statutes, regulations, forms,
and guidance pertaining to recordkeeping
requirements. This list is not, and is not intended to
be, an exhaustive list of authorities that govern the tax
treatment of every situation. Individuals and businesses
with specific questions should consult their tax
advisors.
Statutes and regulations
§ 29-2-106, C.R.S. Collection administration.
§ 39-21-113, C.R.S. Returns and reports.
§ 39-26-103.5, C.R.S. Qualified purchaser direct
payment permit number.
§ 39-26-105, C.R.S. Vendor liable for tax.
§ 39-26-105.2, C.R.S. Remittance of tax GIS.
§ 39-26-105.3, C.R.S. Remittance of tax
electronic database.
§ 39-26-116, C.R.S. Record of sales.
House Bill 20-1023 - Concerning certain address
database systems used for sales and use tax
collection.
Rule 39-26-103.5. Direct Payment Permit.
Rule 39-26-105-3. Documenting Exempt Sales.
Rule 39-26-105.3. Electronic Address Databases.
Forms and guidance
Tax.Colorado.gov/sales-use-tax
Tax.Colorado.gov/GIS-info
Part 10: Refunds and Assessments
29
Revised August 2021
Retailers may claim either a refund or credit for an
overpayment of tax made with a previously filed return
and the Department may assess any additional tax due,
but not previously reported and paid. State law
prescribes the period of time allowed for a retailer to
claim a refund or credit and for the Department to
issue an assessment. The statute further permits the
extension of such time by written agreement between
the Department and the retailer. This Part 10 provides
information regarding refund claims, assessments, and
the period of time allowed by law for both.
Refund claims
If a retailer overpays any tax due, the retailer may
either claim a credit on a subsequent return or request
a refund for the overpayment. Any claim for refund or
credit must be made using the applicable Department
form(s) and submitted to the Department within three
years from the due date of the return on which the
overpayment was made or within one year of the date
of overpayment, whichever is later. Any claim for
credit must be made with the Colorado Retail Sales Tax
Return (form DR 0100) and any refund claim must be
made with the Claim for Refund (form DR 0137).
If a purchaser asserts that the sale qualified for
exemption and the tax was collected by the retailer in
error, the retailer may claim a refund or credit on
behalf of the purchaser, but is not required to do so. In
making any such claim, the retailer must demonstrate
that the amount claimed, including any interest on the
refund, has been or will be paid by the retailer to the
purchaser.
A retailer submitting a refund claim bears the burden
of proving the appropriate exemption of any sales that
are the subject of the claim. See Claim for Refund
(form DR 0137) and the associated instructions for
information about the documentation required with
refund claims.
Assessments
If, upon examination of a filed return, the Department
determines the correct amount of tax has not been
paid, the Department will issue a notice of deficiency
to the retailer. In general, the Department may issue
such notice no later than three years after the return
was filed or three years after the return was due,
whichever is later. In the case of a false or fraudulent
return with intent to evade tax, there is no limit on the
time for the Department to issue a notice of
deficiency.
If a retailer neglects or refuses to file a return, the
Department may estimate the tax due, based upon the
information that may be available. The Department
will issue a written notice to the retailer of the
estimated taxes due, along with any applicable penalty
and interest. If a retailer does not file a required
return, there is no limit on the time for the
Department to estimate the tax due and issue a notice
of the estimated tax due to the retailer.
See Part 7: Filing and Remittance for information about
penalties and interest.
Part 10: Refunds and Assessments
30
Revised August 2021
Protests and appeals
A retailer who receives a notice of deficiency or notice
of refund rejection may submit a written protest and
request a hearing to dispute the notice. Any protest or
request for hearing must be submitted within 30 days
of the date of the notice. The protest or request for
hearing must contain at least the following
information:
the retailer’s name, address, and account number;
the tax period(s) involved;
the type and amount of tax in dispute;
an itemized schedule of the findings with which
the retailer does not agree; and
a summary statement of the grounds upon which
the retailer relies for the purpose of showing the
tax is not due.
The protest or request for hearing must be signed by
the retailer and filed in duplicate.
Additional resources
The following is a list of statutes, regulations, forms,
and guidance pertaining to refund claims and
assessments. This list is not, and is not intended to be,
an exhaustive list of authorities that govern the tax
treatment of every situation. Individuals and businesses
with specific questions should consult their tax
advisors.
Statutes and regulations
§ 39-21-103, C.R.S. Hearings.
§ 39-21-104, C.R.S. Rejection of claims.
§ 39-21-107, C.R.S. Limitations.
§ 39-26-105, C.R.S. Vendor liable for tax.
§ 39-26-118, C.R.S. Recovery of tax.
§ 39-26-703, C.R.S. Disputes and refunds.
Rule 39-21-103-1. Hearings.
Forms and guidance
Tax.Colorado.gov/sales-use-tax
Tax.Colorado.gov/sales-tax-filing-information
Tax.Colorado.gov/sales-use-tax-forms
Colorado Retail Sales Tax Return (DR 0100)
Claim for Refund (DR 0137)
Part 11: Buying or Selling a Retail Business
31
Revised August 2021
Whenever a retailer sells their retail business to another
retailer, both the buyer and the seller of the business
bear certain obligations and liabilities with respect to the
sale of the business. The seller must collect all applicable
state and state-administered sales taxes for any tangible
personal property, other than inventory, transferred to
the purchaser as part of the sale. The purchaser must
ensure that the seller has satisfied all sales tax liabilities
of the business and assumes the liability for any unpaid
sales taxes. This Part 11 provides additional information
regarding the responsibilities of the buyer and the seller
related to the sale of a retail business.
Selling a retail business
Any retailer who sells their retail business to another
retailer must collect all applicable state and state-
administered sales taxes from the purchaser on any
tangible personal property, other than inventory,
transferred to the purchaser as part of the sale. The sales
taxes are based on the full purchase price of all tangible
personal property included in the sale. If the written
agreement to sell the business is a lump sum transaction
that does not separately state the purchase price for the
tangible personal property included in the sale, the sales
taxes are based on the book value set up by the purchaser
for income tax depreciation purposes or, if no such value
is established, the fair market value.
Any retailer who sells out their retail business or stock of
goods, or quits business, is required to prepare and file a
sales tax return within ten days after the date the retailer
sells or quits the business. The retailer must include with
their return the sales taxes due for any tangible personal
property, other than inventory, transferred to the
purchaser as part of the sale of the business.
Purchasing a retail business
Anyone who purchases an existing retail business must
withhold from amounts paid to the seller sufficient
purchase money to cover any and all outstanding state
and state-administered local sales taxes the seller owes
unless and until the seller provides a tax status letter
from the Department showing that all taxes due have
been paid. The seller can request a tax status letter by
submitting a completed form DR 0096, Request for Tax
Status Letter, to the Department. The retailer
purchasing the business assumes the liability for any
sales taxes due, but not paid by the prior owner.
If a retailer selling their business does not collect and
remit the required sales taxes due for any tangible
personal property, other than inventory, transferred to
the purchaser as part of the sale, the retailer
purchasing the business assets assumes the liability for
the unpaid sales taxes. The retailer who purchases the
business may file form DR 0155, Sales Tax Return for
Unpaid Tax from the Sale of a Business, to remit the sales
taxes due for the tangible personal property acquired
as part of the sale. The sales taxes are due by the 20th
day of the month following the month in which the
business assets were sold.
Additional resources
The following is a list of statutes, regulations, forms,
and guidance pertaining to the sale of a retail business.
This list is not, and is not intended to be, an exhaustive
list of authorities that govern the tax treatment of
every situation. Individuals and businesses with specific
questions should consult their tax advisors.
Statutes and regulations
§ 39-21-117, C.R.S. Tax lien exemption from lien.
Rule 39-26-117.
Forms and guidance
Tax.Colorado.gov/sales-use-tax
Tax.Colorado.gov/sales-use-tax-forms
Request for Tax Status Letter (DR 096)
Sales Tax Return for Unpaid Tax from the Sale of a
Business (DR 0155)