Colorado Code
Part 1 - Cigarette Tax
§ 39-28-104. Evidence of Payment of Tax - Credits - Redemptions






(1.5) In any month that a wholesaler purchases an amount of stamps that is greater than the wholesaler's anticipated total monthly purchase of stamps, which shall be determined from the surety bond filed pursuant to section 39-28-102 (1.3)(a)(III) and (1.3)(b)(III), the wholesaler shall be required to pay cash or certified funds or use one of the electronic payment options offered by the department for the stamps that exceed the anticipated total monthly purchase of stamps upon the delivery of the stamps. This subsection (1.5) shall not apply if the wholesaler is exempt from the surety bond requirement pursuant to section 39-28-102 (1.3)(b)(III).











Source: L. 64: p. 822, § 1. C.R.S. 1963: § 138-8-4. L. 65: p. 1129, § 2. L. 73: p. 1451, § 3. L. 83: (1) amended, p. 2106, § 1, effective October 14. L. 86: (1) amended, p. 1113, § 12, effective July 1. L. 87: (1) amended, p. 1466, § 1, effective April 16. L. 88: (1) amended, p. 1338, § 1, effective July 1. L. 2003: (1) amended, p. 2636, § 4, effective June 5. L. 2004: (4) added, p. 265, § 1, effective August 4. L. 2005: (1.5) added, p. 720, § 4, effective June 1; (1) and (4)(a) amended, p. 907, § 3, effective June 2; (1) and (4)(a) amended, p. 922, § 4, effective June 2. L. 2017: (1)(c) amended, (HB 17-1136), ch. 76, p. 238, § 4, effective March 23. L. 2019: (1)(c) repealed, (HB 19-1256), ch. 395, p. 3515, § 6, effective August 2. L. 2020: (1)(a) and (3) amended, (HB 20-1427), ch. 248, p. 1190, § 5, effective January 1, 2021.
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 subsections (1) and (4)(a), see section 1 of chapter 241, Session Laws of Colorado 2005.