Local Tax Jurisdiction Nexus for Leased Property

2015-02-10 20:15:59 DOR TaxInfoEmail

The Colorado Department of Revenue is revising guidance on the collection of local sales and use taxes on leased tangible personal property.

Unlike mere delivery of goods by a common carrier into a jurisdiction, a lessor who leases property on a continuous basis in a local jurisdiction has a substantial business presence within that local jurisdiction. For a more detailed discussion of this issue, see General Information Letter GIL-14-013 . The department will apply this new guidance to leases made or renewed on or after July 1, 2015.

In a previous version of FYI Sales 56, the department stated that leased property within a local jurisdiction was not a business presence for purposes of nexus. As part of its on-going review of FYIs and other publications, the department reviewed this guidance and determined that it does not reflect Colorado statutes or contemporary legal precedence regarding nexus.

For information about setting up a local tax jurisdiction account, see the Colorado Taxation general information Web site, http://www.TaxColorado.com and view Sales Tax | Account/ License , Add Locations (Sites) to Your Sales Tax Account: https://www.colorado.gov/pacific/tax/sales-tax-account-license

Potential Telephone and Email Scams regarding state taxes

Telephone Scam
The Colorado Department of Revenue would like to alert taxpayers of a possible telephone scam from a party fraudulently representing themselves as the Colorado Department of Revenue.

The caller may identify themselves as “State Tax Investigation Department.” They will state that you may have a legal case file against your name and Social Security number, have violated banking regulations, or have cheated on tax credits. They will ask you to wire them a large sum of money, usually through a convenience store debit/credit card and will require you not to tell anyone or take the matter to court.

This is NOT a call from the Colorado Department of Revenue.

We do not contact taxpayers over the telephone and request credit card numbers through a pre-paid debit/credit card to pay an outstanding tax balance.

When a taxpayer owes state taxes, the department will send written notification through a series of letters mailed to the taxpayer’s address. When the taxpayer does not respond, our Tax Auditing and Compliance Division will attempt to collect the outstanding debt.

We advise against sending any party money who claims they can clear up a tax issue with a convenience store debit / credit card.

Email Scam
Email messages from the State of Colorado Department of Revenue never have personally identifiable or financial information in the messages.

In order to verify financial information with the department, a taxpayer is required to log onto Revenue Online, the state’s free tax filing and account management Web service. Any email messages submitted through Revenue Online between the department and the taxpayer are secure. Responses between the taxpayer and the department occur within the Revenue Online service.

We do send general tax information by email. Note that the message will be from a State of Colorado email address (@state.co.us).

How to Report Suspicious Activity
If you receive or your tax client (tax professionals) receives a telephone call or email message telling you state tax is owed and you are suspicious about the party who is making the contact, you may report it to our Criminal Tax Investigation Section.

Similar scam alerts have been issued by the IRS. Please refer the IRS Warning Web page if the person contacting you states they are from the IRS.