Colorado 2025 Regular Session

Colorado Senate Bill SB046 Compare Versions

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1+First Regular Session
2+Seventy-fifth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 25-0196.01 Jed Franklin x5484
18 SENATE BILL 25-046
2-BY SENATOR(S) Bridges and Kipp, Amabile, Cutter, Exum, Jodeh,
3-Michaelson Jenet, Snyder, Coleman;
4-also REPRESENTATIVE(S) Taggart, Bird, Boesenecker, Duran, Lindstedt,
5-Phillips, Titone, McCluskie.
9+Senate Committees House Committees
10+Finance Finance
11+A BILL FOR AN ACT
612 C
7-ONCERNING LOCAL GOVERNMENT SALES OR USE TAX INVESTIGATIONS ,
8-AND, IN CONNECTION THEREWITH , ESTABLISHING UNIFORM
9-CONFIDENTIALITY STANDARDS FOR THE PROTECTION OF TAXPAYER
10-INFORMATION
11-.
12-
13-Be it enacted by the General Assembly of the State of Colorado:
14-SECTION 1. In Colorado Revised Statutes, add 29-2-217 as
15-follows:
16-29-2-217. Local taxing jurisdictions sales or use tax
17-investigations - confidentiality requirements - limitations - enforcement
18-- definitions. (1) A
19-S USED IN THIS SECTION, UNLESS THE CONTEXT
20-OTHERWISE REQUIRES
21-:
13+ONCERNING LOCAL GOVERNMENT SALES OR USE TAX101
14+INVESTIGATIONS, AND, IN CONNECTION THEREWITH ,102
15+ESTABLISHING UNIFORM CONFIDENTIALITY STANDARDS FOR THE103
16+PROTECTION OF TAXPAYER INFORMATION .104
17+Bill Summary
18+(Note: This summary applies to this bill as introduced and does
19+not reflect any amendments that may be subsequently adopted. If this bill
20+passes third reading in the house of introduction, a bill summary that
21+applies to the reengrossed version of this bill will be available at
22+http://leg.colorado.gov/
23+.)
24+Sales and Use Tax Simplification Task Force. Section 1 of the
25+bill establishes uniform confidentiality standards for the protection of
26+taxpayer information used or obtained in connection with a sales or use
27+HOUSE
28+3rd Reading Unamended
29+March 4, 2025
30+HOUSE
31+2nd Reading Unamended
32+February 28, 2025
33+SENATE
34+3rd Reading Unamended
35+February 3, 2025
36+SENATE
37+Amended 2nd Reading
38+January 31, 2025
39+SENATE SPONSORSHIP
40+Bridges and Kipp, Amabile, Coleman, Cutter, Exum, Jodeh, Michaelson Jenet, Snyder
41+HOUSE SPONSORSHIP
42+Taggart, Bird, Boesenecker, Duran, Lindstedt, McCluskie, Phillips, Titone
43+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
44+Capital letters or bold & italic numbers indicate new material to be added to existing law.
45+Dashes through the words or numbers indicate deletions from existing law. tax investigation performed by a third-party auditor on behalf of a local
46+taxing jurisdiction. Third-party auditors are generally prohibited from
47+divulging or making known in any way to any person information that is
48+obtained from a sales or use tax investigation on behalf of a local taxing
49+jurisdiction or disclosed in any document, report, or return filed in
50+connection with local sales or use taxes. Third-party auditors are
51+permitted to disclose taxpayer information in certain limited
52+circumstances, including disclosure to:
53+! An official, employee, hearing officer, attorney, or other
54+public agent of the local taxing jurisdiction who is
55+authorized to receive such information in connection with
56+the local taxing jurisdiction's sales or use tax investigation
57+performed by the third-party auditor;
58+! A requesting taxpayer, or the taxpayer's authorized agent,
59+of the taxpayer's own tax filings;
60+! The department of revenue (department) for purposes of
61+statistical analysis and publication as authorized by current
62+law; and
63+! The department and the federal internal revenue service as
64+necessary and pertinent to a taxpayer's compliance or
65+failure to comply with state or federal tax law.
66+Violation of the confidentiality provisions in section 1 is a misdemeanor
67+punishable by a fine of not more than $1,000 per violation.
68+Section 2 clarifies the authority of the executive director of the
69+department to share taxpayer information with statutory local
70+governments, special districts, and requesting home rule jurisdictions as
71+necessary to facilitate dispute resolution, coordination, intergovernmental
72+agreements, and information sharing between the department and such
73+local governments consistent with current law, which prohibits the
74+disclosure of any such shared information to any third party.
75+Be it enacted by the General Assembly of the State of Colorado:1
76+SECTION 1. In Colorado Revised Statutes, add 29-2-217 as2
77+follows:3
78+29-2-217. Local taxing jurisdictions sales or use tax4
79+investigations - confidentiality requirements - limitations -5
80+enforcement - definitions. (1) A
81+S USED IN THIS SECTION, UNLESS THE6
82+CONTEXT OTHERWISE REQUIRES :7
2283 (a) "L
23-OCAL TAXING JURISDICTION" HAS THE SAME MEANING AS SET
24-FORTH IN SECTION
25-39-26-802.7 (1)(b) AND INCLUDES A:
26-NOTE: This bill has been prepared for the signatures of the appropriate legislative
27-officers and the Governor. To determine whether the Governor has signed the bill
28-or taken other action on it, please consult the legislative status sheet, the legislative
29-history, or the Session Laws.
30-________
31-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32-through words or numbers indicate deletions from existing law and such material is not part of
33-the act. (I) STATUTORY LOCAL GOVERNMENT ;
84+OCAL TAXING JURISDICTION" HAS THE SAME MEANING AS SET8
85+046-2- FORTH IN SECTION 39-26-802.7 (1)(b) AND INCLUDES A:1
86+(I) S
87+TATUTORY LOCAL GOVERNMENT ;2
3488 (II) S
35-PECIAL DISTRICT;
89+PECIAL DISTRICT;3
3690 (III) R
37-EQUESTING HOME RULE JURISDICTION ; AND
38-(IV) SELF-COLLECTING HOME RULE JURISDICTION .
91+EQUESTING HOME RULE JURISDICTION ; AND4
92+(IV) S
93+ELF-COLLECTING HOME RULE JURISDICTION .5
3994 (b) "S
40-ALES OR USE TAX" INCLUDES ALL LOCAL SALES OR USE TAXES
41-AND ALL TAXES DESCRIBED IN SECTION
42-29-2-201 (8).
95+ALES OR USE TAX" INCLUDES ALL LOCAL SALES OR USE6
96+TAXES AND ALL TAXES DESCRIBED IN SECTION 29-2-201 (8).7
4397 (c) "S
44-ELF-COLLECTING HOME RULE JURISDICTION " MEANS A HOME
45-RULE JURISDICTION THAT IS NOT A REQUESTING HOME RULE JURISDICTION
46-.
98+ELF-COLLECTING HOME RULE JURISDICTION " MEANS A HOME8
99+RULE JURISDICTION THAT IS NOT A REQUESTING HOME RULE JURISDICTION .9
47100 (d) "T
48-AXPAYER" HAS THE SAME MEANING AS SET FORTH IN SECTION
49-39-21-101 (4). "TAXPAYER" INCLUDES A "RETAILER" OR "VENDOR" AS
50-DEFINED IN SECTION
51-39-26-102 (8).
52-(e) (I) "T
53-HIRD-PARTY AUDITOR" MEANS A PRIVATE INDIVIDUAL OR
54-ENTITY THAT IS NOT AN OFFICIAL
55-, EMPLOYEE, HEARING OFFICER, OR
56-ATTORNEY
57-, OR OTHERWISE A PUBLIC AGENT OF A LOCAL TAXING
58-JURISDICTION
59-, THAT CONDUCTS A SALES OR USE TAX INVESTIGATION OF A
60-TAXPAYER ON BEHALF OF A LOCAL TAXING JURISDICTION
61-.
101+AXPAYER" HAS THE SAME MEANING AS SET FORTH IN10
102+SECTION 39-21-101 (4). "TAXPAYER" INCLUDES A "RETAILER" OR11
103+"
104+VENDOR" AS DEFINED IN SECTION 39-26-102 (8).12
105+(e) (I)
106+ "THIRD-PARTY AUDITOR" MEANS A PRIVATE INDIVIDUAL OR13
107+ENTITY THAT IS NOT AN OFFICIAL , EMPLOYEE, HEARING OFFICER, OR14
108+ATTORNEY, OR OTHERWISE A PUBLIC AGENT OF A LOCAL TAXING15
109+JURISDICTION, THAT CONDUCTS A SALES OR USE TAX INVESTIGATION OF A16
110+TAXPAYER ON BEHALF OF A LOCAL TAXING JURISDICTION .17
62111 (II) F
63-OR PURPOSES OF THIS SUBSECTION (1)(e), "PUBLIC AGENT OF A
64-LOCAL TAXING JURISDICTION
65-" INCLUDES:
112+OR PURPOSES OF THIS SUBSECTION (1)(e), "PUBLIC AGENT OF
113+18
114+A LOCAL TAXING JURISDICTION" INCLUDES:19
66115 (A) A
67116 N OFFICIAL, EMPLOYEE, OR AGENT OF THE DEPARTMENT OF
68-REVENUE WHO CONDUCTS A SALES OR USE TAX INVESTIGATION OF A
69-TAXPAYER ON BEHALF OF A LOCAL TAXING JURISDICTION IN ACCORDANCE
70-WITH THIS PART
71-2 AND ARTICLE 21 OF TITLE 39; AND
72-(B) AN OFFICIAL, EMPLOYEE, OR AGENT OF THE MULTISTATE TAX
73-COMMISSION
74-, ESTABLISHED IN SECTION 24-60-1301, WHO CONDUCTS A SALES
75-OR USE TAX INVESTIGATION OF A TAXPAYER ON BEHALF OF A LOCAL TAXING
76-JURISDICTION PURSUANT TO SECTION
77-24-60-1306, AND IN ACCORDANCE
78-WITH THE MULTISTATE TAX COMPACT
79-, SET FORTH IN PART 13 OF ARTICLE 60
80-OF TITLE 24.
81-PAGE 2-SENATE BILL 25-046 (2) (a) EXCEPT IN ACCORDANCE WITH A JUDICIAL ORDER OR AS
82-OTHERWISE PROVIDED IN SUBSECTIONS
83- (2)(b)(I) TO (2)(b)(IV) OR (3) OF THIS
84-SECTION
85-, A THIRD-PARTY AUDITOR SHALL NOT DIVULGE OR MAKE KNOWN IN
86-ANY WAY ANY INFORMATION OBTAINED FROM A SALES OR USE TAX
87-INVESTIGATION CONDUCTED BY THE THIRD
88--PARTY AUDITOR ON BEHALF OF
89-A LOCAL TAXING JURISDICTION
90-, OR DISCLOSED IN ANY DOCUMENT, REPORT,
91-OR RETURN FILED IN CONNECTION WITH ANY OF THE TAXES OR FEES WITHIN
92-THE SCOPE OF THIS PART
93-2. A THIRD-PARTY AUDITOR CHARGED WITH THE
94-CUSTODY OF SUCH INVESTIGATORY INFORMATION
95-, DOCUMENTS, REPORTS,
96-AND RETURNS SHALL NOT BE REQUIRED TO PRODUCE ANY SUCH
97-INFORMATION OR DOCUMENTATION IN ANY ACTION OR PROCEEDING IN ANY
98-COURT EXCEPT IN AN ACTION OR PROCEEDING UNDER THE PROVISIONS OF
99-THIS PART
100-2 OR PART 3 OF THIS ARTICLE 2 TO WHICH THE LOCAL TAXING
101-JURISDICTION AUTHORIZING THE SALES OR USE TAX INVESTIGATION IS A
102-PARTY
103-, IN WHICH EVENT THE COURT MAY REQUIRE THE PRODUCTION OF , AND
104-MAY ADMIT IN EVIDENCE
105-, SO MUCH OF THE INFORMATION AND
106-DOCUMENTATION AS IS PERTINENT TO THE ACTION OR PROCEEDING
107-.
117+20
118+REVENUE WHO CONDUCTS A SALES OR USE TAX INVESTIGATION OF A21
119+TAXPAYER ON BEHALF OF A LOCAL TAXING JURISDICTION IN ACCORDANCE22
120+WITH THIS PART 2 AND ARTICLE 21 OF TITLE 39; AND23
121+(B) A
122+N OFFICIAL, EMPLOYEE, OR AGENT OF THE MULTISTATE TAX
123+24
124+COMMISSION, ESTABLISHED IN SECTION 24-60-1301, WHO CONDUCTS A25
125+SALES OR USE TAX INVESTIGATION OF A TAXPAYER ON BEHALF OF A LOCAL26
126+TAXING JURISDICTION PURSUANT TO SECTION 24-60-1306, AND IN27
127+046
128+-3- ACCORDANCE WITH THE MULTISTATE TAX COMPACT , SET FORTH IN PART1
129+13
130+ OF ARTICLE 60 OF TITLE 24.
131+2
132+(2) (a) E
133+XCEPT IN ACCORDANCE WITH A JUDICIAL ORDER OR AS3
134+OTHERWISE PROVIDED IN SUBSECTIONS (2)(b)(I) TO (2)(b)(IV) OR (3) OF4
135+THIS SECTION, A THIRD-PARTY AUDITOR SHALL NOT DIVULGE OR MAKE5
136+KNOWN IN ANY WAY ANY INFORMATION OBTAINED FROM A SALES OR USE6
137+TAX INVESTIGATION CONDUCTED BY THE THIRD -PARTY AUDITOR ON7
138+BEHALF OF A LOCAL TAXING JURISDICTION , OR DISCLOSED IN ANY8
139+DOCUMENT, REPORT, OR RETURN FILED IN CONNECTION WITH ANY OF THE9
140+TAXES OR FEES WITHIN THE SCOPE OF THIS PART 2. A THIRD-PARTY10
141+AUDITOR CHARGED WITH THE CUSTODY OF SUCH INVESTIGATORY11
142+INFORMATION, DOCUMENTS, REPORTS, AND RETURNS SHALL NOT BE12
143+REQUIRED TO PRODUCE ANY SUCH INFORMATION OR DOCUMENTATION IN13
144+ANY ACTION OR PROCEEDING IN ANY COURT EXCEPT IN AN ACTION OR14
145+PROCEEDING UNDER THE PROVISIONS OF THIS PART 2 OR PART 3 OF THIS15
146+ARTICLE 2 TO WHICH THE LOCAL TAXING JURISDICTION AUTHORIZING THE16
147+SALES OR USE TAX INVESTIGATION IS A PARTY , IN WHICH EVENT THE17
148+COURT MAY REQUIRE THE PRODUCTION OF , AND MAY ADMIT IN EVIDENCE,18
149+SO MUCH OF THE INFORMATION AND DOCUMENTATION AS IS PERTINENT TO19
150+THE ACTION OR PROCEEDING.20
108151 (b) N
109-OTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, A
110-THIRD
111--PARTY AUDITOR MAY:
152+OTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, A21
153+THIRD-PARTY AUDITOR MAY:22
112154 (I) D
113-ISCLOSE THE CONTENTS OF ANY REPORT PREPARED BY THE
114-THIRD
115--PARTY AUDITOR, AND ANY INFORMATION, DOCUMENTS, REPORTS, AND
116-RETURNS RELIED UPON IN PREPARING THE REPORT
117-, TO AN OFFICIAL,
118-EMPLOYEE, HEARING OFFICER, ATTORNEY, OR OTHER PUBLIC AGENT OF THE
119-LOCAL TAXING JURISDICTION AUTHORIZED TO RECEIVE SUCH INFORMATION
120-IN CONNECTION WITH THE LOCAL TAXING JURISDICTION
121-'S SALES OR USE TAX
122-INVESTIGATION PERFORMED BY THE THIRD
123--PARTY AUDITOR;
155+ISCLOSE THE CONTENTS OF ANY REPORT PREPARED BY THE23
156+THIRD-PARTY AUDITOR, AND ANY INFORMATION, DOCUMENTS, REPORTS,24
157+AND RETURNS RELIED UPON IN PREPARING THE REPORT , TO AN OFFICIAL,25
158+EMPLOYEE, HEARING OFFICER, ATTORNEY, OR OTHER PUBLIC AGENT OF26
159+THE LOCAL TAXING JURISDICTION AUTHORIZED TO RECEIVE SUCH27
160+046
161+-4- INFORMATION IN CONNECTION WITH THE LOCAL TAXING JURISDICTION 'S1
162+SALES OR USE TAX INVESTIGATION PERFORMED BY THE THIRD -PARTY2
163+AUDITOR;3
124164 (II) D
125-ELIVER TO A TAXPAYER OR THE TAXPAYER'S DULY AUTHORIZED
126-REPRESENTATIVE A COPY OF ANY RETURN OR REPORT FILED IN CONNECTION
127-WITH THE TAXPAYER
128-'S TAXES OR FEES WITHIN THE SCOPE OF THIS PART 2;
165+ELIVER TO A TAXPAYER OR THE TAXPAYER 'S DULY4
166+AUTHORIZED REPRESENTATIVE A COPY OF ANY RETURN OR REPORT FILED5
167+IN CONNECTION WITH THE TAXPAYER 'S TAXES OR FEES WITHIN THE SCOPE6
168+OF THIS PART 2;7
129169 (III) P
130-ROVIDE INFORMATION TO THE DEPARTMENT FOR THE
131-PUBLICATION BY THE DEPARTMENT OF STATISTICS IN ACCORDANCE WITH
132-SECTION
133-39-21-113 (5); AND
134-(IV) PROVIDE INFORMATION TO THE DEPARTMENT AND THE FEDERAL
135-INTERNAL REVENUE SERVICE AS NECESSARY AND PERTINENT TO A
136-TAXPAYER
137-'S COMPLIANCE OR FAILURE TO COMPLY WITH STATE OR FEDERAL
138-PAGE 3-SENATE BILL 25-046 TAX LAW.
170+ROVIDE INFORMATION TO THE DEPARTMENT FOR THE8
171+PUBLICATION BY THE DEPARTMENT OF STATISTICS IN ACCORDANCE WITH9
172+SECTION 39-21-113 (5); AND10
173+(IV) P
174+ROVIDE INFORMATION TO THE DEPARTMENT AND THE11
175+FEDERAL INTERNAL REVENUE SERVICE AS NECESSARY AND PERTINENT TO12
176+A TAXPAYER'S COMPLIANCE OR FAILURE TO COMPLY WITH STATE OR13
177+FEDERAL TAX LAW.14
139178 (3) A
140- TAXPAYER WHO FILED A DOCUMENT , REPORT, OR RETURN WITH
141-THE STATE OR A LOCAL TAXING JURISDICTION MAY WAIVE THE
142-CONFIDENTIALITY PROTECTIONS SET FORTH IN SUBSECTION
143- (2)(a) OF THIS
144-SECTION AS TO SUCH DOCUMENT
145-, REPORT, OR RETURN. SUCH WAIVER MUST
146-BE VOLUNTARY
147-, IN WRITING, AND SIGNED BY THE TAXPAYER OR THE
148-TAXPAYER
149-'S DULY AUTHORIZED REPRESENTATIVE .
179+ TAXPAYER WHO FILED A DOCUMENT , REPORT, OR RETURN15
180+WITH THE STATE OR A LOCAL TAXING JURISDICTION MAY WAIVE THE16
181+CONFIDENTIALITY PROTECTIONS SET FORTH IN SUBSECTION (2)(a) OF THIS17
182+SECTION AS TO SUCH DOCUMENT , REPORT, OR RETURN. SUCH WAIVER18
183+MUST BE VOLUNTARY, IN WRITING, AND SIGNED BY THE TAXPAYER OR THE19
184+TAXPAYER'S DULY AUTHORIZED REPRESENTATIVE .20
150185 (4) A
151-NY THIRD-PARTY AUDITOR, INCLUDING ANY OFFICIAL ,
152-EMPLOYEE, ATTORNEY, OR OTHER AGENT OF A THIRD-PARTY AUDITOR, WHO
153-WILLFULLY VIOLATES ANY OF THE PROVISIONS OF THIS SECTION IS GUILTY OF
154-A MISDEMEANOR AND
155-, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY
156-A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS PER VIOLATION
157-.
158-SECTION 2. In Colorado Revised Statutes, 39-21-113, amend as
159-it will become effective July 1, 2025, (35) as follows:
160-39-21-113. Reports and returns - rule - repeal.
161-(35) Notwithstanding the confidentiality requirements in this section, the
162-executive director has the authority to share taxpayer information as
163-necessary pursuant to section 29-2-208
164- SECTIONS 29-2-208 AND 29-2-213
165-TO 29-2-215.
166-SECTION 3. Effective date. This act takes effect July 1, 2025.
167-SECTION 4. Safety clause. The general assembly finds,
168-determines, and declares that this act is necessary for the immediate
169-preservation of the public peace, health, or safety or for appropriations for
170-PAGE 4-SENATE BILL 25-046 the support and maintenance of the departments of the state and state
171-institutions.
172-____________________________ ____________________________
173-James Rashad Coleman, Sr. Julie McCluskie
174-PRESIDENT OF SPEAKER OF THE HOUSE
175-THE SENATE OF REPRESENTATIVES
176-____________________________ ____________________________
177-Esther van Mourik Vanessa Reilly
178-SECRETARY OF CHIEF CLERK OF THE HOUSE
179-THE SENATE OF REPRESENTATIVES
180- APPROVED________________________________________
181- (Date and Time)
182- _________________________________________
183- Jared S. Polis
184- GOVERNOR OF THE STATE OF COLORADO
185-PAGE 5-SENATE BILL 25-046
186+NY THIRD-PARTY AUDITOR, INCLUDING ANY OFFICIAL ,21
187+EMPLOYEE, ATTORNEY, OR OTHER AGENT OF A THIRD-PARTY AUDITOR,22
188+WHO WILLFULLY VIOLATES ANY OF THE PROVISIONS OF THIS SECTION IS23
189+GUILTY OF A MISDEMEANOR AND , UPON CONVICTION THEREOF, SHALL BE24
190+PUNISHED BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS PER25
191+VIOLATION.26
192+SECTION 2. In Colorado Revised Statutes, 39-21-113, amend27
193+046
194+-5- as it will become effective July 1, 2025, (35) as follows:1
195+39-21-113. Reports and returns - rule - repeal.2
196+(35) Notwithstanding the confidentiality requirements in this section, the3
197+executive director has the authority to share taxpayer information as4
198+necessary pursuant to section 29-2-208 SECTIONS 29-2-208 AND 29-2-2135
199+TO 29-2-215.6
200+SECTION 3. Effective date. This act takes effect July 1, 2025.7
201+SECTION 4. Safety clause. The general assembly finds,8
202+determines, and declares that this act is necessary for the immediate9
203+preservation of the public peace, health, or safety or for appropriations for10
204+the support and maintenance of the departments of the state and state11
205+institutions.12
206+046
207+-6-