Statement of Emergency Justification and Adoption

COLORADO DEPARTMENT OF REVENUE STATEMENT OF EMERGENCY JUSTIFICATION AND ADOPTION

EXTENSION OF TIME FOR FILING TAX RETURNS 39-21-112(1) 1 CCR 201-1

Pursuant to sections 24-4-103(6) and 39-21-112(1) and (8), C.R.S. I, Barbara Brohl, Executive Director of the Department of Revenue, hereby adopt the aforementioned new emergency tax rule.

Section 24-4-103(6), C.R.S., authorizes the Executive Director to adopt a temporary or emergency rule if the Executive Director finds that the immediate adoption of the rule is imperatively necessary to comply with a state law or for the preservation of public health, safety, or welfare and compliance with the requirements of section 24-4-103, C.R.S., would be contrary to the public interest.

The immediate adoption of this new rule is necessary to respond to recent hardships caused by unprecedented flooding, and other natural disasters in this state and natural disasters impacting Colorado taxpayers residing in other states. Some taxpayers will be unable to meet Colorado tax filing and payment deadlines as a result of various natural disasters (tornadoes, wildfires, floods, etc.). Immediate adoption of this rule is necessary because some taxpayers impacted by recent natural disasters already face deadlines for the filing of various taxes, and their ability to file such returns may have been compromised by the natural disasters. The emergency adoption of this new rule is necessary for the preservation of public health, safety, or welfare, and to clarify the circumstances pursuant to state law under which the Executive Director may authorize extensions of time for the filing of tax returns with the Department of Revenue due to natural disaster, similar hardship or other good cause. Finally, compliance with the requirements of section §24-4-103, C.R.S., would be contrary to the public interest under the circumstances.

Statutory Authority

The statutory authority for the creation of this new rule is cited above. See also, for example, 39-22-608, 39-22-609, 39-26-105, 39-26-109, 39-26-204, 39-27-105, 39-28-109, 39-28.5-106, and 39-29-112, C.R.S.

Purpose

To clarify the circumstances under which the Executive Director may authorize extensions of time for groups of taxpayers to file tax returns with the Department due to natural disasters, similar hardship, or other good cause.