HB 23-1272 allows a qualified retailer to claim an income tax credit equal to $500 for each retail sale of a new qualified electric bicycle sold in Colorado during the retailer’s income tax year to a qualified purchaser. This credit is allowed for income tax years beginning on or after January 1, 2024, but before January 1, 2033; except that for the income tax year commencing on January 1, 2024, the credit is allowed only for retail sales made on or after April 1, 2024, but on or before December 31, 2024.
To be eligible to claim this credit, the criteria that must be met includes, but is not limited to:
1. A retailer must be a “qualified retailer” by satisfying the following criteria:
- They must sell qualified electric bicycles;
- They must hold a current Colorado sales tax license;
- They must timely file monthly Colorado sales tax returns showing a tax liability for at least 12 months;
- They must have timely paid the taxes due on the monthly Colorado sales tax return; and
- They must register with the Department via the retailer’s Revenue Online account.
2. A retailer must register with the Department. The person or entity that will file the income tax return for the qualified retailer must be the one to register with the Department. To register:
- Go to Revenue Online and log in to the account that will file the income tax return for the qualified retailer.
- From the “Accounts” tab on the homepage, scroll down to your Income tax account type (e.g., COR, PAR, or IND).
- From the Income tax account type box, select the “Additional Actions” link and click on the “Submit Electric Powered Lawn Equipment and Electric Bicycle Registration” under the “Submit Credit Registration” box.
- You may register for either or both the electric bicycle credit and the electric lawn equipment credit by selecting the corresponding box or boxes for which you wish to register.
- After you submit the registration form, you will receive a confirmation code.
- Once the registration is processed, you will receive an approval or denial letter from the Department.
3. A qualified retailer must make retail sales in Colorado of new, qualified electric bicycles. A qualified electric bicycle means a new electric bicycle that has 2 or 3 wheels, fully operable pedals, an electric motor not exceeding 750 watts of power, and comply with any applicable standards developed by the Colorado Energy Office and posted on their website.
4. A retail sale must be made to a “qualified purchaser.” A qualified purchaser is a person who is a resident of Colorado and who has not previously purchased a qualified electric bicycle that was discounted by a qualified retailer claiming this credit in the same calendar year.
5. A qualified retailer must, at the time of the retail sale, collect from each qualified purchaser an affidavit. The Department of Revenue and the Colorado Energy Office will both provide access to the affidavit when it is finalized.
6. A qualified retailer must provide to the qualified purchaser at the time of the retail sale of a new qualified electric bicycle a discount on the purchase price equal to the lessor of $450 or the purchase price of the qualified electric bicycle. A qualified retailer must show the discount as a separate line item on the invoice or receipt provided to the qualified purchaser.
7. A qualified retailer must submit quarterly reports in Revenue Online and file a Colorado income tax return. See “How do I claim the electric bicycle credit” FAQ below for information on how to file a quarterly report and what information you will need to file.
8. A qualified retailer cannot begin offering the discount and accounting for the credit until their income tax year begins on or after January 1, 2024; except that the credit is only allowed for retail sales made on or after April 1, 2024.
To claim the electric bicycle credit, a retailer must submit quarterly reports in Revenue Online and file a Colorado income tax return.
A qualified retailer will be granted access to electronically submit quarterly reports through their Revenue Online account after receiving an approval letter from the Department that the retailer is a “qualified retailer.” A qualified retailer must submit quarterly reports by navigating to the “Additional Actions” section of their account from the homepage and selecting “Submit Credit Records.” The quarterly reports require the qualified retailer to collect and input:
- The number of new qualified electric bicycles sold in Colorado during the reporting period for which the required discount was provided; and
- Submit all affidavits collected from qualified purchasers during the reporting period.
Income Tax Return
A qualified retailer must file a Colorado income tax return to claim the credit for any qualified electric bicycles sold in Colorado during the qualified retailer’s income tax year. The qualified retailer must input the number of new qualified electric bicycles sold in Colorado during the qualified retailer’s income tax year on their income tax return.
Sales tax must be calculated on the total purchase price of a qualified electric bicycle sold before the qualified retailer provides the discount required to claim the credit.
However, if a qualified retailer offers a store coupon or discount in excess of the discount required to be provided to the purchaser to qualify for the credit, such coupon or additional discount does reduce the purchase price on which sales tax is calculated because there is no reimbursement to the retailer for the reduction. As such, sales tax must be calculated on the couponed or discounted purchase price of the item in excess of the discount required to qualify for the credit. These types of discounts will also reduce the purchase price on which the credit is calculated.
Although credits may not be claimed before a qualified retailer files their Colorado income tax return, a qualified retailer may take any allowable credits into account in calculating their required estimated payments for their tax year. Any allowable credits reduce the qualified retailer’s tax liability for the tax year in which the new qualified electric bicycles are sold and thereby reduce the amount of the required estimated payments.