April 2026 Tax Policy Updates

Information about the recent activities of the Office of Tax Policy is provided below. This information includes new and revised publications, rulemaking activities, and recently published letter rulings and information letters.

Recently Published Private Letter Rulings (PLR) and General Information Letters (GIL)

  • PLR-26-003 – Flash Title Transfers in Payment Processing – In Model A transactions, Company briefly takes title to the transacted-for goods in order to facilitate payments from customers to online merchants. In Model B transactions, Company facilitates payments from customers to online merchants. Under the facts presented by Company, Company is not doing business in this state and is not known to the trade and public as a retailer insofar as it participates in either Model A or Model B transactions. Company is, consequently, neither a retailer making sales under section 39-26-102(10), C.R.S., nor a retailer doing business in Colorado under section 39-26-102(3), C.R.S. Therefore, Company is not liable and responsible, pursuant to section 39-26-105(1)(a)(I)(A), C.R.S., for collecting and remitting the tax imposed by section 39-26-106(1)(a)(II), C.R.S.

New and Revised Publications 

Rulemaking Announcements 

  • Sales Tax on Leases – We recently announced a rulemaking hearing for a proposed rule regarding sales tax on leases. The proposed rule defines several terms; addresses the taxability of a lessor’s acquisition of property for lease; explains the tax treatment of lease payments, subleases, sale-leasebacks, maintenance contracts, and sales of previously leased property; and details lessors’ responsibilities in connection with taxable leases.
  • Tobacco Products and Nicotine Products Taxes – We announced a rulemaking hearing for proposed rules regarding tobacco products and nicotine products taxes. The proposed rules define certain terms used in the statutory definitions of “manufacturer’s list price” and credit allowed for previously taxed products that are shipped or transported out of state, returned to the manufacturer, or destroyed by the distributor.
  • Master Settlement Agreement – We announced a rulemaking hearing for proposed rules regarding the Master Settlement Agreement, which would repeal several rules, amend one rule, and relocate another rule with amendments.