C.R.S. Section 39-28-108
Penalty


(1)

Any person, firm, limited liability company, partnership, or corporation or agent thereof who at retail sells or offers for sale, displays for sale, or possesses with intent to sell any cigarettes, the package of which does not bear the stamp, or an imprint or impression by a suitable metering machine approved by the department, evidencing the payment of the taxes imposed by this article and section 21 of article X of the state constitution, shall be punished as provided in section 39-21-118.

(2)

Intentionally left blank —Ed.

(a)

If a person neglects or refuses to make a return as required by this article, the executive director of the department shall impose a penalty of one hundred dollars.

(b)

If a person fails to pay the tax in the time allowed for the discount in section 39-28-104 (1) or 39-28-103.3, a penalty equal to ten percent thereof plus one-half of one percent per month from the date when due, not to exceed eighteen percent in the aggregate, together with interest on such delinquent taxes at the rate computed under section 39-21-110.5, shall apply.

(c)

In computing and assessing the penalty, penalty interest, and interest pursuant to paragraph (b) of this subsection (2), the executive director of the department may make an estimate, based upon such information as may be available, of the amount of taxes due for the period for which the taxpayer is delinquent.

Source: Section 39-28-108 — Penalty, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-39.­pdf (accessed Oct. 20, 2023).

39‑28‑101
Definitions
39‑28‑102
Licensing of wholesalers - rules - fines
39‑28‑102.5
Licensing of wholesale subcontractors - rules - fines
39‑28‑103
Tax levied - repeal
39‑28‑103.3
Inventory tax - definition
39‑28‑103.5
Tax levied - state constitution
39‑28‑104
Evidence of payment of tax - credits - redemptions
39‑28‑104.5
Federal requirements - placement of labels - penalty
39‑28‑105
Use of metering machines
39‑28‑106
Nonresident wholesalers
39‑28‑107
Unstamped packages - tax collected - fines - subject to confiscation - tobacco tax enforcement cash fund - creation
39‑28‑108
Penalty
39‑28‑109
Records - examination - returns
39‑28‑110
Distribution of tax collected
39‑28‑110.5
Revenue and spending limitations
39‑28‑111
Exempt sales
39‑28‑112
Taxation of cigarettes, tobacco products, or nicotine products by municipalities, counties, and city and counties - definitions
39‑28‑114
Prohibited acts - penalties
39‑28‑115
List of licensed wholesalers - published on website
39‑28‑116
Minimum price for cigarettes
39‑28‑201
Legislative declaration
39‑28‑202
Definitions
39‑28‑203
Requirements
39‑28‑301
Legislative declaration
39‑28‑302
Definitions
39‑28‑303
Certifications - directory - tax stamps
39‑28‑304
Agent for service of process
39‑28‑305
Reporting of information - escrow installments
39‑28‑306
Penalties and other remedies
39‑28‑307
Miscellaneous provisions
39‑28‑401
Submission of ballot issue - increased tax on cigarettes and tobacco products - new tax on nicotine products - definition
39‑28‑501
Definitions
39‑28‑502
Ballot issue - proposition EE - later voter approval
39‑28‑503
Proposition EE refund cash fund
39‑28‑504
Approval of ballot issue - rejection of ballot issue - refunds
39‑28‑505
Rejection of ballot issue - rate reduction
39‑28‑506
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 39-28-108’s source at colorado​.gov