C.R.S. Section 39-22-516.8
Tax credit for innovative trucks

  • tax preference performance statement
  • definitions
  • repeal

(1)

As used in this section, unless the context otherwise requires:

(a)

Intentionally left blank —Ed.

(I)

“Actual cost incurred” means the actual cost paid by the purchaser for a new or used truck or clean fuel refrigerated trailer, conversion of a truck or clean fuel refrigerated trailer, idling reduction technologies, or aerodynamic technologies, minus any credits, grants, or rebates, including federal credits, grants, or rebates for which the purchaser is eligible, but excluding the credit specified in this section.

(II)

For purposes of a lease, “actual cost incurred” means the total of payments contracted in the lease for the truck minus:

(A)

Any security deposit included in the total of payments;

(B)

The rent charge included in the total of payments;

(C)

Any sales tax included in the total of payments;

(D)

Any titling and registration fees included in the total of payments;

(E)

Any disposition fee included in the total of payments;

(F)

Any administrative fee or any other fee that does not reflect the value of the truck included in the total of payments; and

(G)

Any credits, grants, or rebates, including federal credits, grants, or rebates for which the lessee or lessor is eligible, but excluding the credit specified in this section.

(b)

“Aerodynamic technologies” means a device on the United States environmental protection agency’s smartway verified technology list that minimizes drag and improves air flow over a truck and trailer; except that “aerodynamic technologies” do not include tires.

(c)

“Alternative fuel” has the meaning set forth in section 24-30-1104 (2)(c)(III)(A).

(d)

“Battery capacity” means the quantity of electricity that a battery is capable of storing, expressed in kilowatt hours, as measured from a one hundred percent state of charge to a zero percent state of charge.

(e)

“Bus” means a motor vehicle with a minimum seating capacity of thirty-three, including the driver.

(f)

“Category 4” means original equipment manufacturer trucks that are equipped to operate on compressed natural gas or on liquefied petroleum gas. For purposes of this paragraph (f), “operate on compressed natural gas or on liquefied petroleum gas” means a truck that operates exclusively on compressed natural gas or on liquefied petroleum gas, or a bi-fuel truck with a multi-fuel engine capable of running on either compressed natural gas or traditional fuel, or on either liquefied petroleum gas or traditional fuel, or a dual-fuel truck with a multi-fuel engine capable of running on both compressed natural gas and traditional fuel, or on both liquefied petroleum gas and traditional fuel.

(g)

“Category 4 A” means compressed natural gas or liquefied petroleum gas conversions certified by the United States environmental protection agency. For purposes of this paragraph (g), “compressed natural gas or liquefied petroleum gas conversions” means a conversion to a truck that operates exclusively on compressed natural gas or on liquefied petroleum gas, or a bi-fuel truck with a multi-fuel engine capable of running on either compressed natural gas or traditional fuel, or on either liquefied petroleum gas or traditional fuel, or a dual-fuel truck with a multi-fuel engine capable of running on both compressed natural gas and traditional fuel, or on both liquefied petroleum gas and traditional fuel.

(h)

“Category 4 B” means original equipment manufacturer trucks that are equipped to operate on liquified natural gas. For purposes of this subsection (1)(h), “operate on liquified natural gas” means a truck that operates exclusively on liquified natural gas, or a bi-fuel truck with a multi-fuel engine capable of running on either liquified natural gas or traditional fuel, or a dual-fuel truck with a multi-fuel engine capable of running on both liquified natural gas and traditional fuel.

(i)

“Category 4 C” means liquefied natural gas conversions certified by the United States environmental protection agency. For purposes of this subsection (1)(i), “liquefied natural gas conversions” means a conversion to a truck that operates exclusively on liquefied natural gas, or a bi-fuel truck with a multi-fuel engine capable of running on either liquefied natural gas or traditional fuel, or a dual-fuel truck with a multi-fuel engine capable of running on both liquified natural gas and traditional fuel.

(j)

“Category 5” means the installation of any idling reduction technologies on or in a truck.

(k)

“Category 6” means the installation of any aerodynamic technologies on or in a truck.

(l)

“Category 7” means an original equipment manufacturer electric truck and plug-in hybrid electric truck.

(m)

“Category 7 A” means a conversion of a truck to an electric truck or a plug-in hybrid electric truck.

(n)

“Category 8” means a clean fuel refrigerated trailer.

(o)

“Category 8 A” means a conversion of a refrigerated trailer to a clean fuel refrigerated trailer.

(p)

“Category 9” means a hydraulic hybrid truck.

(q)

“Clean fuel refrigerated trailer” means a trailer capable of being pulled by a truck with a gross vehicle weight rating greater than fourteen thousand pounds, with a power unit and fuel storage used for climate control that:

(I)

Intentionally left blank —Ed.

(A)

Is installed on the trailer by the original equipment manufacturer; or

(B)

Is installed on the trailer through a conversion certified by the United States environmental protection agency; and

(II)

Operates on either compressed natural gas, liquefied natural gas, liquefied petroleum gas, hydrogen, or electricity, or any combination thereof.

(q.5)

“Department” means the department of revenue.

(r)

“Electric truck” or “plug-in hybrid electric truck” means a truck that:

(I)

Has a gross vehicle weight rating that exceeds eight thousand five hundred pounds;

(II)

Has a maximum speed capability of at least fifty-five miles per hour; and

(III)

Is propelled to a significant extent by:

(A)

An electric motor that draws electricity from a battery that has a capacity of not less than four kilowatt hours and is capable of being recharged from an external source of electricity; or

(B)

Power derived from one or more cells which convert chemical energy directly into electricity by combining oxygen with hydrogen fuel which is stored on board the vehicle in any form and may or may not require reformation prior to use.

(r.5)

“Financing entity” means the entity that finances the purchase or lease of a category 4, category 4 A, category 4 B, category 4 C, category 7, category 7 A, or category 9 vehicle eligible for a credit allowed by this section.

(s)

“Gross vehicle weight rating” or “GVWR” has the same meaning as set forth in section 42-2-402 (6), C.R.S.

(t)

“Heavy-duty truck” means a truck with a gross vehicle weight rating greater than twenty-six thousand pounds.

(u)

“Hybrid truck” means a truck with a hybrid propulsion system that operates on both electricity and an alternative fuel or traditional fuel.
(v)
“Hydraulic hybrid truck” means the conversion of a truck with a gross vehicle weight rating of more than fourteen thousand pounds to a truck with a hybrid propulsion system that operates on both pressurized fluid and either compressed natural gas, liquified natural gas, liquified petroleum gas, hydrogen, electricity, or a traditional fuel; except that the converted hydraulic hybrid truck must increase the fuel economy of the original truck.

(w)

“Idling reduction technologies” means idling reduction devices or advanced insulation, as those terms are defined in section 4053 of the internal revenue code, as amended, that are exempt from federal excise tax pursuant to said section 4053.
(x)
“Light-duty electric truck” means an electric truck with a gross vehicle weight rating less than or equal to ten thousand pounds but does not include a light-duty passenger motor vehicle.

(y)

“Light-duty passenger motor vehicle” means a private passenger motor vehicle, including vans, capable of seating twelve passengers or less; except that the term does not include motor homes as defined in section 42-1-102 (57), C.R.S., or motor vehicles designed to travel on three or fewer wheels in contact with the ground.

(z)

“Light-duty truck” means a truck with a gross vehicle weight rating less than or equal to fourteen thousand pounds but does not include a light-duty passenger motor vehicle.

(aa)

“Medium-duty electric truck” means an electric truck with a gross vehicle weight rating greater than ten thousand pounds and up to twenty-six thousand pounds.

(bb)

“Medium-duty truck” means a truck with a gross vehicle weight rating greater than fourteen thousand pounds and up to twenty-six thousand pounds.

(bb.1)

“Motor vehicle dealer” has the same meaning as set forth in section 44-20-102 (18).

(bb.3)

Intentionally left blank —Ed.

(I)

“Purchaser” means the buyer or the lessee of a category 4, category 4 A, category 4 B, category 4 C, category 7, category 7 A, or category 9 vehicle, but, for income tax years commencing before January 1, 2024, does not include the state or any political subdivision of the state. For tax years commencing on or after January 1, 2017, a lessee seeking to claim a credit allowed in this section must enter into a lease with a term of not less than two years.

(II)

For income tax years commencing on or after January 1, 2024, “purchaser” includes a person or political subdivision of the state who is exempt from taxation under section 39-22-112 (1).

(cc)

“Traditional fuel” means a petroleum-based motor fuel commonly used on the highways of the state in the year 2008.

(dd)

“Trailer” has the same meaning as in section 42-1-102 (105), C.R.S.

(ee)

Intentionally left blank —Ed.

(I)

“Truck”, for tax years commencing prior to January 1, 2017, has the same meaning as in section 42-1-102 (108), C.R.S., includes a hybrid truck, a light-duty passenger motor vehicle, and a bus, has a maximum speed capability of at least fifty-five miles per hour, is licensed or subject to licensing for operation upon the highways of the state, and is either:

(A)

Titled and registered in the state; or

(B)

Registered under the international registration plan and base plated in the state.

(II)

“Truck”, for tax years commencing on or after January 1, 2017, has the same meaning as in section 42-1-102 (108), C.R.S., and includes a hybrid truck, a light-duty passenger motor vehicle, and a bus, has a maximum speed capability of at least fifty-five miles per hour, is licensed or subject to licensing for operation upon the highways of the state, is new, not used, unless the truck is being converted, and is either:

(A)

Titled and registered in the state; or

(B)

Registered under the international registration plan and base plated in the state.

(1.5)

Intentionally left blank —Ed.

(a)

In accordance with section 39-21-304 (1), which requires each bill that extends an expiring tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that the purpose of the tax credit provided in this section is to induce certain designated behavior by taxpayers, specifically the sale and purchase or lease of electric light-duty, medium-duty, or heavy-duty trucks, by providing a reduction in income tax liability to the purchaser or lessee or to a financing entity in connection with the sale and purchase or lease of an electric light-duty, medium-duty, or heavy-duty truck.

(b)

The general assembly and the state auditor shall measure the effectiveness of the credit in achieving the purpose specified in subsection (1.5)(a) of this section based on the number and value of credits claimed.

(2)

Category 4.

(a)

With respect to the income tax years commencing on or after January 1, 2014, but before January 1, 2017, there is allowed to any person a credit against the tax imposed by this article as a percentage set forth in paragraph (b) of this subsection (2) of the actual cost incurred by the taxpayer during the tax year for each purchase or lease of a category 4 truck, not to exceed the amount set forth in paragraph (b) of this subsection (2). For purposes of the income tax year commencing on or after January 1, 2014, but before January 1, 2015, the purchase or lease of a category 4 truck must occur on or after July 1, 2014, but before January 1, 2015.

(b)

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(2.3)

Category 4 purchase.

(a)

Except as provided in subsection (14) of this section, with respect to the income tax years commencing on or after January 1, 2017, but before January 1, 2022, there is allowed to any person a credit against the tax imposed by this article in an amount set forth in paragraph (b) of this subsection (2.3) for each purchase of a category 4 truck during the tax year.

(b)

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(2.5)

Category 4 lease.

(a)

Except as provided in subsection (14) of this section, with respect to the income tax years commencing on or after January 1, 2017, but before January 1, 2022, there is allowed to any person a credit against the tax imposed by this article in an amount set forth in paragraph (b) of this subsection (2.5) for each lease of a category 4 truck during the tax year.

(b)

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(3)

Category 4 A.

(a)

With respect to the income tax years commencing on or after January 1, 2014, but before January 1, 2017, there is allowed to any person a credit against the tax imposed by this article as a percentage set forth in paragraph (b) of this subsection (3) of the actual cost incurred by the taxpayer during the tax year for the conversion of a category 4 A truck, not to exceed the amount set forth in paragraph (b) of this subsection (3). For purposes of the income tax year commencing on or after January 1, 2014, but before January 1, 2015, the conversion of a category 4 A truck must occur on or after July 1, 2014, but before January 1, 2015.

(b)

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(3.5)

Category 4 A.

(a)

Except as provided in subsection (14) of this section, with respect to the income tax years commencing on or after January 1, 2017, but before January 1, 2022, there is allowed to any person a credit against the tax imposed by this article an amount set forth in paragraph (b) of this subsection (3.5) for the conversion of a category 4 A truck during the tax year.

(b)

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(4)

Category 4 B.

(a)

With respect to the income tax years commencing on or after January 1, 2014, but before January 1, 2017, there is allowed to any person a credit against the tax imposed by this article as a percentage set forth in paragraph (b) of this subsection (4) of the actual cost incurred by the taxpayer during the tax year for each purchase or lease of a category 4 B truck, not to exceed the amount set forth in paragraph (b) of this subsection (4). For purposes of the income tax year commencing on or after January 1, 2014, but before January 1, 2015, the purchase or lease of a category 4 B truck must occur on or after July 1, 2014, but before January 1, 2015.

(b)

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(4.3)

Category 4 B purchase.

(a)

Except as provided in subsection (14) of this section, with respect to the income tax years commencing on or after January 1, 2017, but before January 1, 2022, there is allowed to any person a credit against the tax imposed by this article an amount set forth in paragraph (b) of this subsection (4.3) for each purchase of a category 4 B truck during the tax year.

(b)

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(4.5)

Category 4 B lease.

(a)

Except as provided in subsection (14) of this section, with respect to the income tax years commencing on or after January 1, 2017, but before January 1, 2022, there is allowed to any person a credit against the tax imposed by this article an amount set forth in paragraph (b) of this subsection (4.5) for each lease of a category 4 B truck during the tax year.

(b)

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(5)

Category 4 C.

(a)

With respect to the income tax years commencing on or after January 1, 2014, but before January 1, 2017, there is allowed to any person a credit against the tax imposed by this article as a percentage set forth in paragraph (b) of this subsection (5) of the actual cost incurred by the taxpayer during the tax year for the conversion of a category 4 C truck, not to exceed the amount set forth in paragraph (b) of this subsection (5). For purposes of the income tax year commencing on or after January 1, 2014, but before January 1, 2015, the conversion of a category 4 C truck must occur on or after July 1, 2014, but before January 1, 2015.

(b)

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(5.5)

Category 4 C.

(a)

Except as provided in subsection (14) of this section, with respect to the income tax years commencing on or after January 1, 2017, but before January 1, 2022, there is allowed to any person a credit against the tax imposed by this article in the amount set forth in paragraph (b) of this subsection (5.5) for the conversion of a category 4 C truck during the tax year.

(b)

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(6)

Category 5.
With respect to the income tax years commencing on or after January 1, 2015, but before January 1, 2022, there is allowed to any person a credit against the tax imposed by this article of twenty-five percent of the actual cost incurred by the taxpayer during a tax year for category 5, not to exceed six thousand dollars.

(7)

Category 6.
With respect to the income tax years commencing on or after January 1, 2014, but before January 1, 2022, there is allowed to any person a credit against the tax imposed by this article of twenty-five percent of the actual cost incurred by the taxpayer during a tax year for category 6, not to exceed six thousand dollars for each installed device and not to exceed fifty thousand dollars during a tax year for the installation of multiple devices. For purposes of the income tax year commencing on or after January 1, 2014, but before January 1, 2015, the installation must occur on or after July 1, 2014, but before January 1, 2015.

(8)

Category 7.

(a)

With respect to the income tax years commencing on or after January 1, 2014, but before January 1, 2017, there is allowed to any person a credit against the tax imposed by this article as a percentage set forth in paragraph (b) of this subsection (8) of the actual cost incurred by the taxpayer during the tax year for each purchase or lease of a category 7 truck, not to exceed the amount set forth in paragraph (b) of this subsection (8). For purposes of the income tax year commencing on or after January 1, 2014, but before January 1, 2015, the purchase or lease of a category 7 truck must occur on or after July 1, 2014, but before January 1, 2015.

(b)

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(8.3)

Category 7 purchase.

(a)

Except as provided in subsection (14) of this section, with respect to the income tax years commencing on or after January 1, 2017, but before January 1, 2024, there is allowed to any person a credit against the tax imposed by this article 22 in an amount set forth in subsection (8.3)(b) of this section for each purchase of a category 7 truck during the tax year.

(b)

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(8.5)

Category 7 lease.

(a)

Except as provided in subsection (14) of this section, with respect to the income tax years commencing on or after January 1, 2017, but before January 1, 2024, there is allowed to any person a credit against the tax imposed by this article 22 in an amount set forth in subsection (8.5)(b) of this section for each lease of a category 7 truck during the tax year.

(b)

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(8.7)

Intentionally left blank —Ed.

(a)

Category 7 light-duty passenger motor vehicle over 8,500 GVWR or light-duty electric truck lease or purchase for tax years 2024 through 2028.
Except as otherwise provided in subsection (8.7)(d) of this section, with respect to income tax years commencing on or after January 1, 2024, but before January 1, 2029, for each purchase or lease of a category 7 light-duty passenger motor vehicle over 8,500 GVWR or a light-duty electric truck sold or leased during the tax year, there is allowed to any person a credit against the tax imposed by this article 22 in an amount as follows:

(I)

For income tax years commencing on or after January 1, 2024, but before January 1, 2025, five thousand dollars;

(II)

For income tax years commencing on or after January 1, 2025, but before January 1, 2026, three thousand five hundred dollars;

(III)

For income tax years commencing on or after January 1, 2026, but before January 1, 2027, one thousand five hundred dollars;

(IV)

For income tax years commencing on or after January 1, 2027, but before January 1, 2028, one thousand dollars; and

(V)

For income tax years commencing on or after January 1, 2028, but before January 1, 2029, five hundred dollars.

(b)

Category 7 medium-duty electric truck lease or purchase for tax years 2024 through 2032.
With respect to income tax years commencing on or after January 1, 2024, but before January 1, 2033, for each purchase or lease of a category 7 medium-duty electric truck sold or leased during the tax year, there is allowed to any person a credit against the tax imposed by this article 22 in an amount as follows:

(I)

For income tax years commencing on or after January 1, 2024, but before January 1, 2026, twelve thousand dollars; and

(II)

For income tax years commencing on or after January 1, 2026, but before January 1, 2033, four thousand dollars.

(c)

Category 7 heavy-duty truck lease or purchase for tax years 2024 through 2032.
With respect to income tax years commencing on or after January 1, 2024, but before January 1, 2033, for each purchase or lease of a category 7 heavy-duty truck sold or leased during the tax year, there is allowed to any person a credit against the tax imposed by this article 22 in an amount as follows:

(I)

For income tax years commencing on or after January 1, 2024, but before January 1, 2026, twelve thousand dollars; and

(II)

For income tax years commencing on or after January 1, 2026, but before January 1, 2033, eight thousand dollars.

(d)

If the June 2025 revenue forecast, and each June revenue forecast through the June 2027 revenue forecast as prepared by either legislative council staff or the office of state planning and budgeting, projects that state revenues, as defined in section 24-77-103.6 (6)(c), will not increase by at least four percent for the next fiscal year, the amount of the credit allowed pursuant to subsection (8.7)(a)(III), (8.7)(a)(IV), or (8.7)(a)(V) of this section for any tax year commencing in the calendar year that begins during said next fiscal year is reduced by fifty percent; except that if the amount of reduced credit is equal to or less than five hundred dollars, then no credit is available for such a tax year.

(9)

Category 7 A.

(a)

With respect to the income tax years commencing on or after January 1, 2014, but before January 1, 2017, there is allowed to any person a credit against the tax imposed by this article as a percentage set forth in paragraph (b) of this subsection (9) of the actual cost incurred by the taxpayer during the tax year for the conversion of a category 7 A truck, not to exceed the amount set forth in paragraph (b) of this subsection (9). For purposes of the income tax year commencing on or after January 1, 2014, but before January 1, 2015, the conversion of a category 7 A truck must occur on or after July 1, 2014, but before January 1, 2015.

(b)

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(9.5)

Category 7 A.

(a)

Except as provided in subsection (14) of this section, with respect to the income tax years commencing on or after January 1, 2017, but before January 1, 2022, there is allowed to any person a credit against the tax imposed by this article in an amount set forth in paragraph (b) of this subsection (9.5) for the conversion of a category 7 A truck during the tax year.

(b)

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(10)

Category 8.

(a)

With respect to the income tax years commencing on or after January 1, 2014, but before January 1, 2022, there is allowed to any person a credit against the tax imposed by this article as a percentage set forth in paragraph (b) of this subsection (10) of the actual cost incurred by the taxpayer during the tax year for each purchase or lease of a category 8 trailer, not to exceed the amount set forth in paragraph (b) of this subsection (10). For purposes of the income tax year commencing on or after January 1, 2014, but before January 1, 2015, the purchase or lease of a category 8 trailer must occur on or after July 1, 2014, but before January 1, 2015.

(b)

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(11)

Category 8 A.

(a)

With respect to the income tax years commencing on or after January 1, 2014, but before January 1, 2022, there is allowed to any person a credit against the tax imposed by this article as a percentage set forth in paragraph (b) of this subsection (11) of the actual cost incurred by the taxpayer during the tax year for the conversion of a refrigerated trailer to a category 8 A trailer, not to exceed the amount set forth in paragraph (b) of this subsection (11). For purposes of the income tax year commencing on or after January 1, 2014, but before January 1, 2015, the conversion of a refrigerated trailer to a category 8 A trailer must occur on or after July 1, 2014, but before January 1, 2015.

(b)

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(11.5)

Category 9.

(a)

With respect to the income tax years commencing on or after January 1, 2014, but before January 1, 2017, there is allowed to any person a credit against the tax imposed by this article as a percentage set forth in paragraph (b) of this subsection (11.5) of the actual cost incurred by the taxpayer during the tax year for the conversion of a category 9 truck, not to exceed the amount set forth in paragraph (b) of this subsection (11.5).

(b)

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(11.6)

Category 9.

(a)

Except as otherwise provided in subsection (14) of this section, with respect to the income tax years commencing on or after January 1, 2017, but before January 1, 2022, there is allowed to any person a credit against the tax imposed by this article in an amount set forth in paragraph (b) of this subsection (11.6) for the conversion of a category 9 truck during the tax year.

(b)

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(12)

A taxpayer claiming the credit authorized by this section shall not claim the credit in an amount that exceeds the incremental cost of the actual cost incurred for the category 4, 4 A, 4 B, 4 C, 7, or 7 A truck or motor vehicle over the manufacturer’s suggested retail price of a comparable traditional fuel truck or light-duty passenger motor vehicle.

(13)

If a credit authorized in this section exceeds the income tax due on the income of the taxpayer for the taxable year, the excess credit may not be carried forward and must be refunded to the taxpayer.

(13.5)

Intentionally left blank —Ed.

(a)

A purchaser may assign the tax credit allowed in this section for the purchase or lease of a category 4, category 4 A, category 4 B, category 4 C, category 7, category 7 A, or category 9 vehicle completed on or after January 1, 2017, but before January 1, 2024, to a financing entity as follows:

(I)

The assignment to the financing entity must be completed at the time of purchase or lease by entering into an election statement as set forth in paragraph (c) of this subsection (13.5);

(II)

The purchaser must title and register the vehicle in the state or register the vehicle under the international registration plan and base plate the vehicle in the state as required by state law;

(III)

The purchaser must assign the tax credit to the financing entity and forfeit the right to claim the tax credit on the purchaser’s tax return in exchange for good and valuable consideration; and

(IV)

The financing entity shall compensate the purchaser for the full nominal value of the tax credit; except that the financing entity may collect an administrative fee not to exceed one hundred fifty dollars for processing the assignment. The compensation paid to the purchaser is considered a refund of state taxes and is not income.

(b)

Notwithstanding section 39-21-108 (3), if a purchaser assigns the tax credit to a financing entity pursuant to this subsection (13.5), the financing entity receives the full amount of the tax credit that the purchaser is allowed in this section. Any unpaid balance or unpaid debt of the purchaser may not be credited from the amount of the tax credit allowed in this section.

(c)

To complete the tax credit assignment, the purchaser and the financing entity must enter into an election statement that must:

(I)

Identify the vehicle identification number of the category 4, category 4 A, category 4 B, category 4 C, category 7, category 7 A, or category 9 vehicle for which a credit is allowed in this section; and

(II)

Affirm that the requirements specified in paragraph (a) of this subsection (13.5) were met.

(d)

The financing entity may authorize an agent or a designee to sign the election statement on its behalf.

(e)

The financing entity shall electronically submit a report containing the information contained in the election statement described in paragraph (c) of this subsection (13.5) to the department of revenue within thirty days of the purchase or lease of a category 4, category 4 A, category 4 B, category 4 C, category 7, category 7 A, or category 9 vehicle in such a form and in such a manner as required by the department.

(f)

The financing entity shall also file the election statement described in paragraph (c) of this subsection (13.5) with the original tax return for the taxable year in which the category 4, category 4 A, category 4 B, category 4 C, category 7, category 7 A, or category 9 vehicle is purchased or leased.

(g)

The department of revenue, in consultation with the Colorado energy office created in section 24-38.5-101, C.R.S., shall develop a model report and election statement no later than December 1, 2016.

(h)

This subsection (13.5) is repealed, effective December 31, 2028.

(13.7)

Intentionally left blank —Ed.

(a)

A purchaser may assign the tax credit allowed in this section for the purchase or lease of a category 7 vehicle sold or leased on or after January 1, 2024, to a financing entity or to a motor vehicle dealer as follows:

(I)

The assignment to the financing entity or the motor vehicle dealer must be completed at the time of purchase or lease by entering into an election statement as set forth in subsection (13.7)(c) of this section;

(II)

The purchaser must title and register the vehicle in the state or register the vehicle under the international registration plan and base plate the vehicle in the state as required by state law;

(III)

The purchaser must assign the tax credit to the financing entity or the motor vehicle dealer and forfeit the right to claim the tax credit on the purchaser’s tax return in exchange for the good and valuable consideration; and

(IV)

The financing entity or the motor vehicle dealer shall compensate the purchaser for the full nominal value of the tax credit; except that the financing entity or the motor vehicle dealer may collect an administrative fee not to exceed two hundred fifty dollars for processing the assignment. The compensation paid to the purchaser is considered a refund of state taxes and is not income.

(b)

Notwithstanding section 39-21-108 (3), if a purchaser assigns the tax credit to a financing entity or to a motor vehicle dealer pursuant to this subsection (13.7), the financing entity or the motor vehicle dealer receives the full amount of the tax credit that the purchaser is allowed in this section. Any unpaid balance or unpaid debt of the purchaser may not be credited from the amount of the tax credit allowed in this section.

(c)

To complete the tax credit assignment, the purchaser and the financing entity or the motor vehicle dealer shall enter into an election statement that:

(I)

Identifies the vehicle identification number of the category 7 vehicle for which a credit is allowed in this section;

(II)

Specifies the value of the credit allowed; and

(III)

Affirms that the requirements specified in subsection (13.7)(a) of this section were met.

(d)

The financing entity or the motor vehicle dealer may authorize an agent or a designee to sign the election statement on its behalf.

(e)

For the purchase or lease of a category 7 vehicle completed on or after January 1, 2024, the financing entity or the motor vehicle dealer shall electronically submit a report containing the information contained in the election statement described in subsection (13.7)(c) of this section to the department on a quarterly basis in a form and manner required by the department.

(f)

The financing entity or the motor vehicle dealer shall maintain the election statement described in subsection (13.7)(c) of this section and produce it upon request or audit by the department.

(g)

For income tax years commencing on or after January 1, 2025, the financing entity or motor vehicle dealer may elect advance payments of credits assigned under this subsection (13.7) as specified in section 39-22-629.

(14)

Intentionally left blank —Ed.

(a)

During the calendar year ending December 31, 2018, the Colorado energy office created in section 24-38.5-101, C.R.S., shall determine whether category 4, 4 A, 4 B, 4 C, 7, 7 A, or 9 medium- or heavy-duty trucks generate life-cycle emissions materially greater than comparable medium- or heavy-duty trucks using traditional fuel. Such a life-cycle analysis must include the direct emissions regulated by the United States environmental protection agency or by the department of public health and environment that are associated with producing, transporting, and using the alternative or traditional fuels. The Colorado energy office shall consider the likely adoption of future technology at each stage of the life-cycle.

(b)

In making the determinations described in paragraph (a) of this subsection (14), the Colorado energy office shall consider public input, any analysis or reports prepared by the department of public health and environment, other states, or the United States environmental protection agency, and any peer-reviewed studies conducted in the United States that evaluate similar matters.

(c)

In the event that category 4, 4 A, 4 B, 4 C, 7, 7 A, or 9 medium- or heavy-duty trucks are shown to generate life-cycle emissions materially greater than comparable traditional fuel trucks, then the Colorado energy office shall notify the department of revenue that no tax credit specified in this section is available for such trucks for the income tax years commencing on or after January 1, 2019, but before January 1, 2022; except that the Colorado energy office may determine if a particular category 4, 4 A, 4 B, 4 C, 7, 7 A, or 9 truck model or engine does not generate life-cycle emissions materially greater than a comparable traditional fuel truck model or engine and is thus allowed a credit for a given income tax year, or the Colorado energy office may allow a credit if the taxpayer can demonstrate that the taxpayer has a long-term fuel contract for his or her category 4, 4 A, 4 B, 4 C, 7, 7 A, or 9 truck from a green fuel provider, such that the life-cycle emissions from such truck are not materially greater than the emissions of a comparable traditional fuel truck. For purposes of this paragraph (c), “green fuel provider” means the alternative fuel is produced and delivered by providers that have adopted best practices for low life-cycle emissions. On or before January 1, 2019, and on or before each January 1 thereafter through January 1, 2021, the Colorado energy office and the department of revenue shall, through their respective websites, specify which category 4, 4 A, 4 B, 4 C, 7, 7 A, or 9 medium- or heavy-duty trucks are not allowed a credit for a given income tax year.

(15)

No more than one tax credit shall be granted pursuant to this section and sections 39-22-516.5 and 39-22-516.7 for any individual motor vehicle or truck.

(16)

With respect to tax years commencing on or after January 1, 2017, the taxpayer claiming a credit allowed in this section shall provide the department of revenue with, and the department shall commence tracking, the vehicle identification number of the motor vehicle or truck for which a credit is claimed as allowed in this section.

(17)

Making the purchaser aware of the income tax credit allowed in this section or helping the purchaser assign the income tax credit to a financing entity as allowed in this section does not rise to the level of providing the purchaser with unauthorized tax advice.

(17.5)

A purchaser, as set forth in subsection (1)(bb.3)(II) of this section, who claims the credit allowed by this section shall file a return pursuant to section 39-22-601 (7)(b).

(18)

This section is repealed, effective December 31, 2037.

Source: Section 39-22-516.8 — Tax credit for innovative trucks - tax preference performance statement - definitions - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-39.­pdf (accessed Oct. 20, 2023).

39‑22‑101
Short title
39‑22‑102
Legislative declaration
39‑22‑103
Definitions - construction of terms
39‑22‑104
Income tax imposed on individuals, estates, and trusts - single rate - report - legislative declaration - definitions - repeal
39‑22‑104.5
Pretax payments - catastrophic health insurance
39‑22‑104.6
Pretax payments - medical savings accounts
39‑22‑105
Alternative minimum tax
39‑22‑106
Colorado personal exemptions of a resident individual
39‑22‑107
Income tax filing status
39‑22‑107.5
Income tax filing status - innocent spouse relief
39‑22‑108
Credit for tax paid other states
39‑22‑108.5
Dual resident trusts - income tax calculation
39‑22‑109
Income of a nonresident individual for purposes of Colorado income tax
39‑22‑110
Apportionment of tax in the case of a part-year resident
39‑22‑110.5
Reacquisition of residency during active duty military service
39‑22‑111
Accounting periods and methods
39‑22‑112
Persons and organizations exempt from tax under this article
39‑22‑114.5
Tax credit for investment in technologies for recycling plastics - repeal
39‑22‑116
Tax tables for individuals
39‑22‑119
Expenses related to child care - credits against state tax
39‑22‑119.5
Child care expenses tax credit - legislative declaration - definitions
39‑22‑120
Legislative declaration - state sales tax refund - offset against state income tax
39‑22‑121
Credit for child care facilities - legislative declaration - definitions - repeal
39‑22‑122
Long-term care insurance credit
39‑22‑123
Earned income tax credit - refund of state excess revenues for fiscal years commencing on or after July 1, 1998
39‑22‑123.5
Earned income tax credit - not a refund of excess state revenues - trigger - legislative declaration - repeal
39‑22‑129
Child tax credit - legislative declaration - definitions - repeal
39‑22‑201
Partners, not partnership, subject to tax
39‑22‑202
Resident partners - definition
39‑22‑203
Nonresident partners
39‑22‑204
Accounting periods and methods
39‑22‑206
Foreign source income of export taxpayers
39‑22‑300.1
Short title - citation
39‑22‑301
Corporate tax imposed - repeal
39‑22‑302
S corporations
39‑22‑303
Dividends in a combined report - foreign source income - affiliated groups - definitions
39‑22‑303.1
Interstate banking or branching - nondiscriminatory tax treatment
39‑22‑303.5
Single-factor apportionment of business income - allocation of nonbusiness income - rules - definitions
39‑22‑303.6
Market-based apportionment of the income of a taxpayer engaged in business - allocation of nonapportionable income - rules - definitions
39‑22‑303.7
Sourcing of sales of mutual fund service corporations - definitions
39‑22‑303.9
Apportionment of the income of a taxpayer with enterprise data center operations in the state - definitions
39‑22‑304
Net income of corporation - legislative declaration - definitions - repeal
39‑22‑305
Consolidated returns
39‑22‑306
Accounting periods and methods
39‑22‑308
Credit allowed for purchase of Colorado coal
39‑22‑310
Legislative declaration - statutory interpretation and construction
39‑22‑320
Short title - citation
39‑22‑321
Definitions
39‑22‑322
Taxation of an S corporation and its shareholders
39‑22‑323
Modification and characterization of income
39‑22‑324
Basis and adjustments
39‑22‑325
Carryforwards and carrybacks - loss limitation
39‑22‑326
Part-year residence
39‑22‑327
Distributions
39‑22‑328
Returns - repeal
39‑22‑329
Tax credits
39‑22‑330
Uniformity of application and construction
39‑22‑340
Short title - citation
39‑22‑341
Legislative declaration
39‑22‑342
Definitions
39‑22‑343
Election
39‑22‑344
Imposition of tax
39‑22‑345
Owner exclusion
39‑22‑346
Credit for tax paid in other states
39‑22‑347
Credit for electing pass-through entity owner - tax preference performance statement - legislative declaration
39‑22‑401
Income of a resident estate or trust for purposes of Colorado income tax
39‑22‑402
Share of a resident estate, trust, or beneficiary in Colorado fiduciary adjustments
39‑22‑403
Income of a nonresident estate or trust subject to income tax
39‑22‑404
Share of a nonresident estate, trust, or beneficiary in income from sources within Colorado
39‑22‑407
Accounting periods and methods
39‑22‑501
Taxation of regulated investment companies
39‑22‑503
Taxation of real estate investment trusts - definitions
39‑22‑504
Net operating losses
39‑22‑504.5
Short title
39‑22‑504.6
Definitions
39‑22‑504.7
Medical savings accounts - establishment - contributions - distributions - restrictions - taxation - portability
39‑22‑507.5
Credits against tax - investment in certain property - repeal
39‑22‑507.6
Credits against corporate tax - investment in certain property - repeal
39‑22‑509
Credit against tax - employer expenditures for alternative transportation options for employees - legislative declaration - definitions - repeal
39‑22‑514
Tax credit for qualified costs incurred in preservation of historic properties
39‑22‑514.5
Tax credit for qualified costs incurred in preservation of historic structures - short title - definitions
39‑22‑516.7
Tax credit for innovative motor vehicles - tax preference performance statement - definitions - repeal
39‑22‑516.8
Tax credit for innovative trucks - tax preference performance statement - definitions - repeal
39‑22‑517
Tax credit for child care center investments
39‑22‑518
Tax modification for net capital gains - definitions - repeal
39‑22‑520
Credit against tax - investment in school-to-career program - definitions
39‑22‑521
Credits against tax - employer expenses - public assistance recipients
39‑22‑522
Credit against tax - conservation easements - definition
39‑22‑522.5
Conservation easement tax credits - dispute resolution - legislative declaration
39‑22‑526
Credit for environmental remediation of contaminated land - legislative declaration - definition - repeal
39‑22‑529
Business expense deduction - labor services - unauthorized alien - definitions
39‑22‑531
Colorado job growth incentive tax credit - rules - definitions - repeal
39‑22‑532
Advanced industry investment tax credit - definitions
39‑22‑533
Instream flow incentive tax credit for water rights holders - rules - definitions - repeal
39‑22‑535
Credit for purchase of uniquely valuable motor vehicle registration numbers
39‑22‑536
Credit for food contributed to hunger-relief charitable organizations - definitions - repeal
39‑22‑537.5
Credit for personal property taxes paid - legislative declaration - definitions - repeal
39‑22‑538
Credit for health-care preceptors working in health professional shortage areas - legislative declaration - definitions
39‑22‑539
Credit for employer contributions to employee 529 qualified state tuition programs - legislative declaration - definitions - repeal
39‑22‑540
Credit - organ donor - leave of absence period - legislative declaration - definitions
39‑22‑541
Credit for retrofitting a residence to increase a residence’s visitability - tax preference performance statement - legislative declaration - definitions - repeal
39‑22‑542
Tax credit for conversion costs for employee business ownership - definitions - declaration - repeal
39‑22‑543
Credit for wildfire hazard mitigation expenses - legislative declaration - definitions - repeal
39‑22‑544
Credit against tax - qualifying seniors - creation - legislative declaration - definitions
39‑22‑545
Credit against tax - heat pump systems - heat pump water heaters - tax preference performance statement - legislative declaration - definitions - repeal
39‑22‑546
Credit against tax - residential energy storage systems - tax preference performance statement - legislative declaration - definition - repeal
39‑22‑547
Early childhood educator income tax credit - tax preference performance statement - legislative declaration - definitions - repeal
39‑22‑548
Colorado homeless contribution tax credit - legislative declaration - definitions - repeal
39‑22‑549
Credit against tax - small food business recovery and resilience grant program equipment - community food consortium duties and responsibilities - tax preference performance statement - legislative declaration - definitions - repeal
39‑22‑550
Tax credit for reducing emissions from certain lawn equipment - tax preference performance statement - legislative declaration - definitions - report - repeal
39‑22‑551
Industrial clean energy tax credit - tax preference performance statement - definitions - report - repeal
39‑22‑552
Tax credit for expenditures made in connection with a geothermal energy project - tax preference performance statement - definitions - repeal
39‑22‑553
Geothermal electricity generation production tax credit - tax preference performance statement - definitions - repeal
39‑22‑554
Heat pump technology and thermal energy network tax credit - tax preference performance statement - definitions - repeal
39‑22‑555
Electric bicycle tax credit - tax preference performance statement - definitions - repeal
39‑22‑556
Tax credit for sustainable aviation fuel production facility - tax preference performance statement - definitions - repeal
39‑22‑557
Clean hydrogen tax credit - qualified uses - tax preference performance statement - definitions - legislative declaration - repeal
39‑22‑558
Tax credit for employer’s contribution to employee for eligible expenses in connection with a qualifying home purchase - tax preference performance statement - legislative declaration - definitions
39‑22‑559
Film incentive tax credit - tax preference performance statement - review - legislative declaration - definitions - repeal
39‑22‑601
Returns - repeal
39‑22‑601.5
Reporting federal adjustments - definitions
39‑22‑602
Failure to make return - director may make
39‑22‑603
Returns not made under oath
39‑22‑603.5
Frivolous returns
39‑22‑604
Withholding tax - requirement to withhold - tax lien - exemption from lien - annual statement - notice - definitions
39‑22‑604.3
Innovation reinvestment - withholding - transfers - bioscience - clean technology - short title - legislative declaration - definitions - repeal
39‑22‑604.5
Withholding tax - transfers of Colorado real property - nonresident transferors
39‑22‑605
Failure by individual to pay estimated income tax
39‑22‑606
Failure by corporation to pay estimated income tax
39‑22‑607
Estimated tax deposited with treasurer
39‑22‑608
Form, place, and date of filing return - extension - electronic filing
39‑22‑609
Payment of tax - applicable when
39‑22‑610
Relief for members of the armed forces of the United States - when
39‑22‑611
Property exempt from ad valorem taxes
39‑22‑621
Interest and penalties
39‑22‑622
Refunds
39‑22‑623
Disposition of collections - definition
39‑22‑624
Prior rights and liabilities not affected
39‑22‑625
Application of article - effective date
39‑22‑626
Applicability of amendments to this article to income tax years
39‑22‑627
Temporary adjustment of rate of income tax - refund of excess state revenues - authority of executive director
39‑22‑628
Direct deposit of refund to collegeinvest savings accounts - modification of individual income tax return forms - legislative declaration - definition
39‑22‑629
Advance payments of income tax credits - definitions
39‑22‑651
Short title - citation
39‑22‑652
Definitions
39‑22‑653
Taxpayer disclosure of reportable or listed transactions
39‑22‑654
Additional listed transactions - report
39‑22‑655
Penalty for failure to disclose a reportable or listed transaction
39‑22‑656
Material advisor - disclosure of reportable or listed transactions
39‑22‑657
Material advisor - maintenance of list
39‑22‑658
Material advisor - penalties
39‑22‑659
Waiver, reduction, or compromise of penalty for reasonable cause
39‑22‑701
Legislative declaration
39‑22‑702
Voluntary contribution designation - procedure
39‑22‑703
Contributions credited to Colorado nongame conservation and wildlife restoration cash fund - administration - transfer
39‑22‑704
Repeal of part
39‑22‑801
Voluntary contribution designation - procedure
39‑22‑802
Contributions credited to Colorado domestic abuse program fund - creation - appropriation
39‑22‑803
Repeal of part
39‑22‑1001
Limitations on voluntary contribution programs - queue - notice - reestablishment of certain programs
39‑22‑1301
Voluntary contribution designation - procedure
39‑22‑1302
Contributions credited to homeless prevention activities program fund - creation - appropriation
39‑22‑1801
Legislative declaration
39‑22‑1802
Voluntary contribution designation - procedure - effective date
39‑22‑1803
Contributions credited to the Special Olympics Colorado fund - creation - appropriation
39‑22‑1804
Repeal of part
39‑22‑1901
Legislative declaration
39‑22‑1902
Voluntary contribution designation - procedure
39‑22‑1903
Contributions credited to the fund - appropriation
39‑22‑2001
Legislative declaration - revenues exceeding TABOR limit - sales tax refund
39‑22‑2002
Fiscal years commencing on or after July 1, 1998 - state sales tax refund - authority of executive director - repeal
39‑22‑2003
State sales tax refund - offset against state income tax - qualified individuals
39‑22‑2004
Temporary refund of excess state revenues from all sources - definitions - repeal
39‑22‑2005
Refund of excess state revenues from all sources - definitions - repeal
39‑22‑2101
Definitions
39‑22‑2102
Credit against tax - affordable housing developments - legislative declaration
39‑22‑2103
Recapture
39‑22‑2104
Filing requirements
39‑22‑2105
Parallel credits - insurance premium taxes
39‑22‑2106
Rules
39‑22‑2107
Compliance monitoring
39‑22‑2108
Report to the general assembly
39‑22‑2201
Voluntary contribution designation - procedure
39‑22‑2202
Contributions credited to the fund - administration - transfer
39‑22‑2203
Repeal of part
39‑22‑2401
Legislative declaration
39‑22‑2402
Voluntary contribution designation - procedure
39‑22‑2403
Contributions credited to Colorado healthy rivers fund - creation - appropriation
39‑22‑2404
Repeal of part
39‑22‑2901
Voluntary contribution designation - procedure
39‑22‑2902
Contributions credited to the Alzheimer’s Association fund - creation - appropriation
39‑22‑2903
Repeal of part
39‑22‑3001
Voluntary contribution designation - procedure
39‑22‑3002
Contributions credited to the military family relief fund - appropriation
39‑22‑3003
Repeal of part
39‑22‑3301
Legislative declaration
39‑22‑3302
Voluntary contribution designation - procedure
39‑22‑3303
Contributions credited to the Colorado cancer fund - creation - appropriation
39‑22‑3304
Repeal of part
39‑22‑3601
Legislative declaration
39‑22‑3602
Voluntary contribution designation - procedure
39‑22‑3603
Contributions credited to the Make-A-Wish Foundation of Colorado fund - creation - appropriation
39‑22‑3604
Repeal of part
39‑22‑3801
Legislative declaration
39‑22‑3802
Voluntary contribution designation - procedure
39‑22‑3803
Contributions credited to the unwanted horse fund - creation - appropriation
39‑22‑3804
Repeal of part
39‑22‑4301
Legislative declaration
39‑22‑4302
Voluntary contribution designation - procedure - effective date
39‑22‑4303
Contributions credited to the American Red Cross Colorado disaster response, readiness, and preparedness fund - creation - appropriation
39‑22‑4304
Repeal of part
39‑22‑4401
Legislative declaration
39‑22‑4402
Voluntary contribution designation - procedure - effective date
39‑22‑4403
Contributions credited to the Colorado for Healthy Landscapes fund - creation - appropriation
39‑22‑4404
Repeal of part
39‑22‑4501
Legislative declaration
39‑22‑4502
Voluntary contribution designation - procedure - effective date
39‑22‑4503
Contributions credited to the Habitat for Humanity of Colorado fund - creation - appropriation
39‑22‑4504
Repeal of part
39‑22‑4601
Legislative declaration
39‑22‑4602
Voluntary contribution designation - procedure - effective date
39‑22‑4603
Contributions credited to the Colorado Youth Conservation Corps fund - creation - appropriation
39‑22‑4604
Repeal of part
39‑22‑4701
Short title
39‑22‑4702
Legislative declaration
39‑22‑4703
Definitions
39‑22‑4704
First-time home buyer savings account
39‑22‑4705
Eligible expenses - penalties for other uses
39‑22‑4706
Forms
39‑22‑4707
Financial institutions
39‑22‑4801
Legislative declaration
39‑22‑4802
Voluntary contribution designation - procedure - effective date
39‑22‑4803
Contributions credited to the Urban Peak Housing and Support Services for Youth Experiencing Homelessness fund - creation - appropriation
39‑22‑4804
Repeal of part
39‑22‑4901
Legislative declaration
39‑22‑4902
Voluntary contribution designation - procedure - effective date
39‑22‑4903
Contributions credited to the family caregiver support fund - creation - appropriation
39‑22‑4904
Repeal of part
39‑22‑5001
Legislative declaration
39‑22‑5002
Voluntary contribution designation - procedure - effective date
39‑22‑5003
Contributions credited to the Young Americans Center for Financial Education fund - creation - appropriation
39‑22‑5004
Repeal of part
39‑22‑5101
Legislative declaration
39‑22‑5102
Voluntary contribution designation - procedure - effective date
39‑22‑5103
List of eligible charitable organizations
39‑22‑5104
Contributions credited to the donate to a Colorado nonprofit fund - creation - appropriation - distribution
39‑22‑5105
Initial funding
39‑22‑5201
Definitions
39‑22‑5202
Uninsured designation - required forms - rules
39‑22‑5301
Legislative declaration
39‑22‑5302
Voluntary contribution designation - procedure - effective date
39‑22‑5303
Contributions credited to Feeding Colorado fund - creation - appropriation
39‑22‑5304
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 39-22-516.8’s source at colorado​.gov