(1) There shall be exempt from taxation under the provisions of part 1 of this article all sales of construction and building materials to contractors and subcontractors for use in the building, erection, alteration, or repair of structures, highways, roads, streets, and other public works owned and used by:
The United States government, the state of Colorado, its departments and institutions,and the political subdivisions thereof in their governmental capacities only;
Charitable organizations in the conduct of their regular charitable functions and activities; or
Schools, other than schools held or conducted for private or corporate profit.
(2) There shall be exempt from taxation under the provisions of part 2 of this article the storage, use, or consumption by a contractor or subcontractor of construction and building materials for use in the building, erection, alteration, or repair of structures, highways, roads, streets, and other public works owned and used by:
The United States government, the state of Colorado, its departments and institutions,and the political subdivisions thereof in their governmental capacities only;
Charitable organizations in the conduct of their regular charitable functions and activities; or
Schools, other than schools held or conducted for private or corporate profit.
(3) On application by a purchaser or seller, the department of revenue shall issue to a contractor or subcontractor a certificate of exemption indicating that the contractor's or subcontractor's purchase of construction or building materials is for a purpose stated in subsection (1) of this section and is, therefore, free from sales tax. The department shall provide forms for the application and certificate and shall have the authority to verify that the contractor or subcontractor is, in fact, entitled to the issuance of the certificate prior to such issuance.
Source: L. 2004: Entire part added with relocations, p. 1021, § 2, effective July 1.
Editor's note: The provisions of this section are similar to several former provisions of §§ 39-26-114 and 39-26-203 as they existed prior to 2004. For a detailed comparison, see the comparative tables located in the back of the index.