SALT Report 2018-4 – Colorado has rescinded all Revenue Bulletins and Policy Positions previously published by the Department. Wow. The bulletin recommends relying on the Department’s rules and regulations, which are published by the Secretary of State and if you can’t figure it out there write in for a letter ruling.
Under the “Revenue Bulletins and Policy Positions” menu on the Department’s Educational and Legal Research page all you will see is one Revenue Bulletin (CO – Revenue Bulletin 18-01 ALL PRIOR REVENUE BULLETINS RESCINDED). All other Revenue Bulletins have been removed. It is uncertain whether you can rely on any prior rulings for retroactive effect. Colorado has been one of the more aggressive states in the attempt to engage interstate commerce in collecting their constituents tax. Colorado is the first state to pursue the notification rules (requiring unregistered retailers to notify the department of sales made to residents of the state – and they won. It is interesting that Colorado chose to wipe the sales and use tax guidance slate clean one and a half months prior to SCOTUS hearing the Wayfair case which has the potential to bring about a whole new way of taxation across our nation. Suffice to say Colorado is notorious for pushing the sales and use tax envelope and didn’t just throw out the Revenue Bulletins for no good reason. A big change is here. A good bit of advice for questionable transactions…secure a letter ruling.
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