Tax levied.

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[Editor's note: This version of this section takes effect only if a ballot issue is approved by the people at the next regular general election in November 2020. See the editor's note following this section.] (1) (a) Prior to January 1, 2021, there is levied and shall be collected and paid to the department a tax upon the sale of cigarettes by wholesalers of ten mills on each cigarette.

(b) A tax is levied upon the sale of cigarettes by wholesalers, excluding cigarettes that are modified risk tobacco products, that is equal to:

  1. Six and one-half cents per cigarette for sales on and after January 1, 2021, but prior to

July 1, 2024;

  1. Eight cents per cigarette for sales on and after July 1, 2024, but prior to July 1, 2027;

and

  1. Ten cents per cigarette for sales on and after July 1, 2027.

(c) A tax is levied on the sale of cigarettes that are modified risk tobacco products that is equal to:

  1. Three and one-quarter cents per cigarette for sales on and after January 1, 2021, butprior to July 1, 2024;

  2. Four cents per cigarette for sales on and after July 1, 2024, but prior to July 1, 2027;and

  3. Five cents per cigarette for sales on and after July 1, 2027.

(d) The wholesaler shall pay the tax set forth in this section to the department, which shall collect the tax.

Source: L. 64: p. 822, § 3. C.R.S. 1963: § 138-8-3. L. 65: p. 1129, § 1. L. 73: p. 1451, § 2. L. 77: Entire section amended, p. 1793, § 4, effective July 1. L. 83: (3) added, p. 2099, § 11, effective October 13; (2) repealed, p. 2053, § 28, effective October 14. L. 85: Entire section R&RE, p. 1267, § 4, effective May 30. L. 86: Entire section amended, p. 1113, § 11, effective July 1. L. 2020: Entire section amended, (HB 20-1427), ch. 248, p. 1188, § 3, effective (see editor's note).

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.

Cross references: For tax on tobacco products other than cigarettes, see article 28.5 of this title.


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