Legal Blog Articles

Colorado Business Tax Law Updates for 2023

A number of Colorado House bills and rules were enacted toward the end of 2022 that will affect Colorado businesses in 2023 and beyond, from sales tax exemptions to cryptocurrency to special deductions and more. In case you missed one, here’s a recap of the bigger Colorado tax law updates to pay attention to as you wrap up 2022 and plan for 2023:

New Incentives for Alternative Transportation Tax Credits

It’s easier and more beneficial than ever before for companies to cover the cost of or subsidize employees’ alternative transportation costs such as transit passes, ridesharing, bikes or ebikes, and bike or scooter rentals, among other options.

Companies can now collect up to $125,000 (with a maximum of $1,000 per employee using qualifying alternative transportation modes). Nonprofits and local governments can also take advantage of the credit in addition to private businesses, and the credit is refundable, meaning that even companies without a tax obligation can collect the benefit. See more about HB22-1026.

Sales Tax Exemption on Essential Hygiene Products

Retailers of incontinence, diaper and menstrual products had until January 1, 2023, to ensure those items would be exempt from sales and use taxation going forward. Signed into law on August 10, 2022, HB22-1055 officially took effect on New Year’s day to allow businesses and retailers ample time to update systems and documentation. In addition to the exemption, counties and municipalities may choose to adopt either or both exemptions by express inclusion in their sales and use tax ordinance or resolution.

Child Care Center Property Tax Exemption

Good news for child care center operators: Colorado House Bill HB22-1066 repeals previously more stringent regulations that a property must be owned strictly for charitable purposes to qualify for the property tax exemption when used as an integral part of a childcare center. Thus, properties used by a tenant or subtenant to operate a child care center may now be eligible if they meet the criteria. 

Early Childhood Educator Income Tax Credit

Qualified early childhood educators may now be able to take advantage of a refundable income tax credit for four income tax years beginning with 2022. Credit amount is dependent on a qualified educator’s credentials and is annually adjusted for inflation. See eligibility requirements here.

Cryptocurrency Now Accepted for all Tax Payments

The Colorado Department of Revenue (DOR) now accepts cryptocurrency as an additional form of payment for all state taxpayers, including business income, sales and use, withholding, severance and excise fuel taxes. Note that service fees of an additional $1.00 plus 1.83% of the payment amount will apply. Find out how to set up cryptocurrency payments here.

Limited State Sales Tax Special Deductions Renewed for Q3 2022

After a 10-month hiatus, Colorado House Bill HB22-1406 was renewed for the months of July, August and September 2022. The bill allows qualifying retailers to claim a limited state sales tax special deduction if certain conditions are met. 

Who qualifies? Restaurants, bars, food service retailers, food trucks and caterers. (Note that the deduction does not apply to any taxes imposed by any state-administered city, county or special district.) The temporary deduction from state taxable sales is equal to the lesser of state net taxable sales or $70,000 for each month the deduction is allowed.

See details on how to file for the deduction and if you qualify.

If your business qualifies for the special deduction allowed by HB22-1406, but you have already filed and paid your return for the filing period, you may apply to the department for a refund.

Credit Filing Extension for Heat Pump and Energy Storage Retailers

An emergency rule is due to be published in the Colorado Register on or before February 25, 2023, providing a time extension for filing credit assignment reports for income tax credits for sellers of heat pump systems, heat pump water heaters or residential energy storage systems.

Navigating changing business tax laws and rules can be tricky, but you’re not alone.

The experienced attorneys at Hackstaff Snow Atkinson & Griess can help you ensure compliance and avoid any potential pitfalls. To schedule a consultation, reach out to our legal team today. 

Published by
Hackstaff, Snow, Atkinson & Griess, LLC

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