Colorado § 39-28-108 - Penalty.

§ 39-28-108. Penalty.

(1) Any person, firm, limited liability company, partnership, or corporation or agent thereof who at retail sells or offers for sale, displays for sale, or possesses with intent to sell any cigarettes, the package of which does not bear the stamp, or an imprint or impression by a suitable metering machine approved by the department, evidencing the payment of the taxes imposed by this article and section 21 of article X of the state constitution, shall be punished as provided in section 39-21-118.

(2) (a) If a person neglects or refuses to make a return as required by this article, the executive director of the department shall impose a penalty of one hundred dollars.

(b) If a person fails to pay the tax in the time required pursuant to section 39-28-104 (1) or 39-28-103.3, a penalty equal to ten percent thereof plus one-half of one percent per month from the date when due, not to exceed eighteen percent in the aggregate, together with interest on such delinquent taxes at the rate computed under section 39-21-110.5, shall apply.

(c) In computing and assessing the penalty, penalty interest, and interest pursuant to paragraph (b) of this subsection (2), the executive director of the department may make an estimate, based upon such information as may be available, of the amount of taxes due for the period for which the taxpayer is delinquent.

Source: L. 64: p. 824, § 8. C.R.S. 1963: § 138-8-8. L. 81: (2) amended, p. 1868, § 15, effective June 8. L. 85: Entire section amended, p. 1262, § 24, effective January 1, 1986. L. 86: (2) amended, p. 1223, § 37, effective May 30. L. 87: (2) R&RE, p. 1466, § 2, effective April 16. L. 90: (1) amended, p. 459, § 47, effective April 18. L. 2005: (1) amended, p. 909, § 7, effective June 2; (1) amended, p. 925, § 8, effective June 2. L. 2020: (2)(b) amended, (HB 20-1427), ch. 248, p. 1191, § 7, effective January 1, 2021. L. 2026: (2)(b) amended, (HB 26-1289), ch. 364, p. 2214, § 27, effective June 3.

Editor's note: Section 27(2) of chapter 248 (HB 20-1427), Session Laws of Colorado 2020, provides that changes to this section take effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401. The ballot issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:

FOR: 2,134,608

AGAINST: 1,025,182

Cross references: For the legislative declaration contained in the 2005 act amending subsection (1), see section 1 of chapter 241, Session Laws of Colorado 2005. For the legislative declaration in HB 26-1289, see section 1 of chapter 364, Session Laws of Colorado 2026.