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Colorado DOR Notice of Proposed Rulemaking

by | Oct 29, 2021 | Sales Tax Tips

On Thursday October 28th, the Colorado Department of Revenue Taxation Division issued an email with the following information:


To All Interested Parties,

The Colorado Department of Revenue, Division of Taxation, will hold a public rulemaking hearing on the following sales tax rule at 10:00 a.m. on Thursday, December 2, 2021. This hearing will be conducted entirely by telephone and video conference and will be recorded. The Department has created a Virtual Rulemaking Hearing Guide that provides additional guidance for participants.

Parties wishing to attend or participate by video conference may obtain a link for connecting by sending an email to dor_taxrules@state.co.us. Because of additional participation features provided by the video conference, we encourage participants to participate through the video conference. Participants are welcome to use a webcam to appear by video, but may also leave their video camera off.

Parties wishing to attend or participate by teleconference should connect as follows:

Phone Number: 1 (669) 900-6833
Meeting ID: 824 1399 1438
Proposed Rule:

  • 39-26-102(11)Rooms & Accommodations. The purpose of this rule is to amend the permanent rule defining the terms “room” and “accommodation” as more particularly described in the statement of basis and purpose filed with this notice.

The Department will accept oral and written comments on this proposed rule. Oral comments will be accepted by video and telephone conference at the hearing. Written comments may be submitted to dor_taxrules@state.co.us in advance or in lieu of oral commentary at the hearing and will be accepted until 5:00 P.M. on December 2, 2021.

You can find the proposed rule, and the statement of basis and purpose, at the link above. You may also find this information on the Division’s website.

The proposed rule will be published in the Colorado Register on November 10, 2021.

We would appreciate your feedback to help us measure and improve the success of the rulemaking program. If you participate in the rulemaking process, we invite you to complete a short survey. Follow the link, and choose the “I participated in the Rulemaking Process (Announcement, Stakeholder Meeting, or Hearing)” option.

Sincerely,
Colorado Department of Revenue
Taxation Division

 

From the Colorado Secretary of State’s site:

Description of Subjects/Issues
The purpose of this rule is to amend the permanent rule defining the terms “room” and “accommodation.” Specifically, the rule adds the statement of basis and purpose required by section 24-4-103(4)(c), C.R.S. The rule also deletes “camp grounds” from the definition of an “accommodation.” In the Department’s opinion, “camp grounds” are too dissimilar from the types of properties listed in section 39-26-102(11), C.R.S., to be an “accommodation” within the meaning of that section. Finally, the rule strikes a sentence from the definition of “accommodation” describing an exemption from taxation. The sentence does not adequately describe the conditions for exemption, and the exemption applies equally to sales of “rooms” and sales of “accommodations.” The rules governing the exemption are more fully discussed in Rule 39-26-704-4.