Colorado § 39-26-111 - Credit sales.

§ 39-26-111. Credit sales.

(1) In case of a sale upon credit, or a contract for sale wherein it is provided that the price shall be paid in installments and title does not pass until a future date, or a chattel mortgage or a conditional sale, there shall be paid upon each payment, upon the account of purchase price, that portion of the total tax which the amount paid bears in the total purchase price. Notwithstanding any other provision of this subsection (1), a retailer doing business wholly or partly on a credit basis may, at his election, make a return, and remit sales tax on credit sales, on the basis of the aggregate amount of cash received during the month from taxable credit sales. The retailer may determine the tax to be remitted on the basis of his reasonable estimate of the aggregate amount of tax which he has collected from his credit customers during the month. A retailer's estimate of the taxes collected on credit sales made in any month (referred to in this section as "base month") shall be deemed reasonable if the cumulative sum of the monthly amounts of taxes on such credit sales remitted by the retailer on or before the close of the third, sixth, ninth, twelfth, and fifteenth calendar months following the base month is not less than twenty-five percent, forty-three and seventy-five one-hundredths percent, sixty-two and five-tenths percent, eighty-one and twenty-five one-hundredths percent, and one hundred percent, respectively, of the total taxes due on the aggregate credit sales made by the retailer in the base month. In no event, however, shall the amount of taxes remitted by the retailer in any month be less than the amount which the retailer actually estimates to have been collected in that month.

(2) If a retailer transfers, sells, assigns, or otherwise disposes of an account receivable, he shall be deemed to have received the full balance of the consideration for the original sale and shall be liable for the remittance of the sales tax on the balance of the total sale price not previously reported; except that such transfer, sale, assignment, or other disposition of an account receivable by a retailer to a closely held subsidiary, as defined in section 39-26-102 (10)(k), shall not be deemed to require the retailer to pay the sales tax on the credit sale represented by the account transferred prior to the time the customer makes payment on said account.

Source: L. 35: p. 1008, § 5. CSA: C. 144, § 12. L. 37: p. 1084, § 1. CRS 53: § 138-6-11. C.R.S. 1963: § 138-5-11. L. 79: Entire section amended, p. 1446, § 37, effective July 3.

ANNOTATION

Director has authority to order payment of taxes on basis other than cash. Montgomery Ward & Co. v. State Dept. of Rev., 628 P.2d 85 (Colo. 1981).

Treatment of sales of accounts receivable by retailer to subsidiary. Montgomery Ward & Co. v. State Dept. of Rev., 628 P.2d 85 (Colo. 1981).

Applied in Montgomery Ward & Co. v. State Dept. of Rev., 675 P.2d 318 (Colo. App. 1983).