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Sales TaxesNEW: Retail Marijuana Sales Tax Changes Fact Sheet (effective July 1, 2017)
Filing the Colorado Sales Tax Return (DR 0100)
Medical marijuana, medical marijuana-infused products and accessories are reported on the DR 0100. This return includes the state sales tax plus any local sales taxes. The sales tax for medical marijuana sales and accessories should be filed under the Colorado Account Number that matches with the sales tax license for medical marijuana. Sales tax for medical marijuana can also be filed electronically through Revenue Online.
Retail marijuana businesses will still be required to file the Colorado Sales Tax Return (DR 0100). Beginning with the July 1 filing period, businesses will report their overall Gross Sales and Services on line 1 (including the amount of retail marijuana and retail marijuana product sales) and claim the state exemption by subtracting sales of Retail Marijuana and Retail Marijuana Product on line 10 in Part B – Exemptions Schedule of the return, which carries over to the main return, line 3b, column 1. “Retail Marijuana” and “Retail Marijuana Products” are defined in statute and do not include other types of tangible personal property that a retail marijuana business may have for sale, including but not limited to apparel, glassware or rolling papers. Any of these other types of items that are sold are still subject to the 2.9% state sales tax. Retail marijuana businesses located within a special district that also allows this exemption should follow these instructions to claim the exemption in columns 2 or 3, too.
Filing the Retail Marijuana Sales Tax Return
The 15% additional state sales tax on retail marijuana and retail marijuana-infused products is filed on the Retail Marijuana Sales Tax Return. Only retail marijuana and retail marijuana-infused products should be included on the Retail Marijuana Sales Tax Return. File using the same Colorado Account Number listed on your retail marijuana sales tax license.Due Dates
Return and payment are due the 20th day of the month following the reporting period. If the 20th day falls on a weekend or holiday, the due date is the next business day.
IMPORTANT: The applicable sales tax return(s) must be filed even if no sales were made or if no tax is due for the period. Returns with “zero” tax must be filed to avoid nonfiler notices and penalty assessments.
Excise tax is imposed on the first sale or transfer from a retail marijuana cultivation facility to a retail marijuana store or retail marijuana product manufacturing facility. Medical marijuana is not subject to the 15% state retail marijuana excise tax. Beginning August 9, 2017, sales or transfers between licensed cultivation facilities are exempt from state excise tax.
State Retail Marijuana Excise Tax Rate: Retail marijuana is subject to a 15% excise tax on the Average Market Rate (AMR) or contract price of retail marijuana. The excise tax is based on the average market rate for Bud, Trim, Immature Plant, Wet Whole Plant, Seed, Bud Allocated for Extraction and Trim Allocated for Extraction. One marijuana excise tax return is required for each retail marijuana cultivation facility.
Senate Bill 17-192, emergency Rule 1 CCR 201-18 sections 39-28.8-101 and 39-28.8-302 amended the definition of the AMR, modifying how the excise tax on retail marijuana is calculated, how frequently the AMR is recalculated, and created two new AMR categories and rates, while discontinuing one existing AMR category and rate.
Effective August 9, 2017: Affiliated retail marijuana businesses and unaffiliated retail marijuana businesses who do not have a contract price at the time of the sale will calculate their excise tax at 15% of the AMR. Unaffiliated retail marijuana businesses with a contract price at the time of sale will calculate their excise tax at 15% of the contract price.
Effective January 1, 2018, Contaminated Retail Marijuana Product Allocated for Extraction will be discontinued and replaced by two new AMR categories and rates, Bud Allocated for Extraction and Trim Allocated for Extraction.
See: Summary of Recent Retail Marijuana Excise Tax Changes (Updated Dec. 15, 2017)
The Retail Marijuana Excise Tax is due on the 20th of each month (or the next business day if the 20th of the month falls on a weekend or holiday) for transfers or sales made by retail cultivators in the previous month.
IMPORTANT: The excise tax return must be filed even if no transfers or sales were made or if no tax is due for the period. Returns with “zero” tax must be filed to avoid nonfiler notices and penalty assessments.