Colo. Code Regs. 39-21-103-2

Current through Register Vol. 47, No. 16, August 25, 2024

Rule 39-21-103-2 - Assessments

Basis and Purpose. The statutory bases for this rule are sections 39-21-103, 39-21-112(1), and 39-22-103(1), C.R.S. The purpose of this rule is to define the term "assessment" as it is used in article 21 of title 39 and to clarify procedures and requirements related thereto.

(1) As used in article 21 of title 39, C.R.S., "assessment" includes:

(a) the filing of the return as to the tax, penalty, and interest shown to be due thereon and,

(b) the mailing or issuance of a notice and demand for payment as to any other tax imposed within the scope of article 21 of title 39, C.R.S., or any deficiency in tax, or any penalty or interest.

(2) In the case of an assessment made pursuant to paragraph (1)(a) of this rule, the Department may, without first issuing either notice of deficiency or notice of final determination, issue a notice and demand for payment with respect to any tax, penalty, and interest shown on the return, but not paid.

(3) An assessment does not preclude any additional assessments for the same tax period. Unless the executive director has otherwise agreed, the executive director may, at any time within the period prescribed for assessment, issue a notice of deficiency whenever the executive director finds that the tax, penalties, or interest due is greater than the amount theretofore assessed and paid.

(4) Nothing in this rule precludes the timely filing of an amended return by a taxpayer.

39-21-103-2

38 CR 03, February 10, 2015, effective 3/2/2015

40 CR 22, November 25, 2017, effective 1/1/2018

41 CR 14, July 25, 2018, effective 8/14/2018

41 CR 20, October 25, 2018, effective 11/14/2018

42 CR 05, March 10, 2019, effective 3/30/2019

44 CR 05, March 10, 2021, effective 3/30/2021

46 CR 03, February 10, 2022, effective 3/2/2023

46 CR 06, March 25, 2023, effective 4/14/2023