(1) In addition to any other tax, there shall be levied, collected, and paid for each taxable year a tax upon the severance of all coal in this state. Such tax shall be levied against every person engaged in the severance of coal. Subject to the exemption and credits authorized in subsections (2), (3), and (4) of this section, the rate of the tax shall be thirty-six cents per ton of coal.
(2) (a) Repealed.
On and after July 1, 1999, no tax provided for in subsection (1) of this section shallbe imposed on the first three hundred thousand tons of coal produced in each quarter of the taxable year.
Repealed.
There shall be allowed, as a credit against the tax imposed by subsection (1) of thissection, an amount equal to fifty percent of such tax for coal produced from underground mines.
There shall be allowed, as an additional credit against the tax imposed by subsection(1) of this section, an amount equal to fifty percent of such tax for the production of lignitic coal, as such coal is classified by the American society for testing and materials (ASTM) in their D 388 standard for the classification of coals by rank.
For every full one and one-half percent change in the index of producers' prices forall commodities prepared by the bureau of labor statistics of the United States department of labor, the tax rate provided in subsection (1) of this section shall be increased or decreased one percent. The executive director shall determine such adjustments to the rate of tax based upon changes in the index of producers' prices from the level of such index as of January, 1978, to the level of such index as of the last month of the quarter immediately preceding the quarter for which any taxes are due.
Source: L. 77: Entire article added, p. 1846, § 1, effective January 1, 1978. L. 79: (5) amended, p. 1505, § 1, effective January 1, 1980. L. 84: (2) amended, p. 1030, § 1, effective July 1. L. 86: (2) amended, p. 1137, § 1, effective April 11. L. 88: (5) amended, p. 1344, § 2, effective January 1; (1) amended, p. 1344, § 1, effective July 1. L. 90: (2)(a) and (2)(b) amended and (2)(c) repealed, p. 1747, §§ 1, 2, effective May 25. L. 94: (1) amended, p. 334, § 2, effective March 29. L. 99: (2)(a) and (2)(b) amended, p. 926, § 4, effective May 24. L. 2008: (2)(b) amended, p. 1680, § 5, effective August 5.
Editor's note: Subsection (2)(a) provided for the repeal of subsection (2)(a), effective July 1, 1999. (See L. 99, p. 926.)
Cross references: For the legislative declaration contained in the 1999 act amending subsections (2)(a) and (2)(b), see section 1 of chapter 235, Session Laws of Colorado 1999.