C.R.S. Section 39-28.5-105
Books and records to be preserved

(1)

Every distributor shall keep at each licensed place of business complete and accurate records for that place of business, including itemized invoices of tobacco products held, purchased, manufactured, brought in or caused to be brought in from without the state, or shipped or transported to retailers in this state, and of all sales of tobacco products made, except sales to the ultimate consumer within the state.

(2)

These records shall show the names and addresses of purchasers, the inventory of all tobacco products on hand, and other pertinent papers and documents relating to the purchase, sale, or disposition of tobacco products.

(3)

When a licensed distributor sells tobacco products exclusively to the ultimate consumer within the state at the address given in the license, no invoice of those sales shall be required, but itemized invoices shall be made of all tobacco products transferred to other retail outlets owned or controlled by that licensed distributor. All books, records, and other papers and documents required by this section to be kept shall be preserved for a period of at least three years after the date of the documents, unless the department, in writing, authorizes their destruction or disposal at an earlier date.

(4)

Intentionally left blank —Ed.

(a)

Every retailer that is not also a licensed distributor shall keep at its place of business complete and accurate records to show that all tobacco products received by the retailer were purchased from a licensed distributor. The retailer shall provide a copy of such records to the department if so requested. The department may establish the acceptable form of such records.

(b)

Any expenses incurred by the department related to enforcing paragraph (a) of this subsection (4) shall be paid from the tobacco settlement defense account, created in section 24-22-115 (2)(a), C.R.S., for the state fiscal year 2009-10, and from the tobacco tax enforcement cash fund created in section 39-28-107 (1)(b), for each state fiscal year thereafter.

(5)

[Editor’s note:

This subsection (5) is effective January 1, 2024.]

Every remote retail seller shall keep complete and accurate records necessary for the determination of the correct tax liability, including itemized invoices to validate the actual costs paid by the remote retail seller for all cigars and pipe tobacco offered in remote retail sales to the consumer within this state.

Source: Section 39-28.5-105 — Books and records to be preserved, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-39.pdf (accessed Oct. 20, 2023).

39‑28.5‑101
Definitions 39‑28.5‑102
Tax levied - repeal 39‑28.5‑102.5
Tax levied - state constitution 39‑28.5‑103
Exempt sales 39‑28.5‑104
Licensing required - rules - fines 39‑28.5‑104.5
Licensing of distributing subcontractors - rules - fines 39‑28.5‑105
Books and records to be preserved 39‑28.5‑106
Returns and remittance of tax - civil penalty 39‑28.5‑107
When credit may be obtained for tax paid 39‑28.5‑108
Distribution of tax collected 39‑28.5‑108.5
Revenue and spending limitations 39‑28.5‑109
Taxation by cities and towns 39‑28.5‑110
Prohibited acts - penalties 39‑28.5‑111
Federal requirements - affixing labels - penalty 39‑28.5‑112
List of licensed distributors - published on website

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

C.R.S. Section 39-28.5-105 Books and records to be preserved

(1)

(2)

(3)

(4)

(a)

(b)

(5)

C.R.S. Section 39-28.5-105
Books and records to be preserved