On July 1, 2017, reporting and notification requirements for sales by remote sellers into Colorado became effective. Colorado Regulation 39-21-112.3.5, which was adopted June 30, 2017, provides guidance to retailers that do not collect sales or use tax and are now subject to the reporting requirements.
What Retailers Have Reporting Requirements?
As of July 1, 2017, retailers who do not collect sales tax and on an annual basis have at least $100,000 of sales to Colorado customers, have reporting requirements to their customers and to the Colorado Department of Revenue (“CDOR”). The reporting requirements do not apply to vendors who are registered with the CDOR for sales/use tax and collect and remit sales/use tax to the CDOR.
Information Retailers Need from Colorado Customers to Provide to the Colorado Department of Revenue¹
Retailers subject to the reporting requirements need to collect the following information and properly report the information to the CDOR to comply with the reporting requirements:
- Purchaser’s name
- Billing address
- Shipping address
- Total annual dollar amount of each Colorado customer’s purchases
For retailers with greater than $100,000 in sales, reports must be filed electronically with the CDOR. For retailers with less than $100,000 in sales, reports may be filed electronically. By November 1st of each year, the CDOR will publish (on its website) the required format and data elements of the report as well as details of how the report file is to be transmitted to the CDOR. The reports are due to the CDOR on or before March 1 each year².
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¹Colo. Code Regs. §39-21-112.3.5(4)
²Colo. Rev. Stat. §39-21-112(3.5)(d)(II)(A)