Basis and Purpose for Rule 16

BASIS AND PURPOSE FOR RULE 16

The purpose of Rule 16 is to establish the methods of tax protest and claims for refunds. The statutory basis for these requirements is found in sections 12-47.1-201, 12-47.1-203, and 12-47.1-302, C.R.S.

RULE 16 ACCOUNTING REGULATIONS

47.1-1617 Petitions for redetermination - procedures. Tax protest

(1) A licensee may file a tax protestpetition for redetermination to dispute the payment or collection of gaming taxes. A licensee filing a tax protestpetition for redetermination with the Commission must serve a copy of the protestpetition on the Division. Sections 20, 21 and 26 of Article 39 of the Colorado Revised Statutes outlines the process for filing a protest.

(2) A licensee must, within 60 days after the petition is filed:

(a) Pay all taxes, fees, penalties, or interest not disputed in the petition and submit a schedule to the Division that contains its calculation of the interest due on non-disputed assessments;

(b) File with the Commission a memorandum of points and authorities in support of a redetermination, and serve a copy of the memorandum on the Division; and

(3) The Division may, within 60 days after service of the licensee's memorandum, file a memorandum of points and authorities in opposition to the licensee's petition and must serve a copy on the licensee. The licensee may, within 10 days after service of the Division's memorandum, file a reply memorandum.

(4) The Division and the licensee may stipulate to extend the time periods specified in this section if their stipulation to that effect is filed with the Commission before the expiration of the time period. The Commission may extend the time periods specified in this section upon motion and for good cause shown.

(5) The Commission may, at its discretion, deny a petition for redetermination.

47.1-1618 Claims for refunds.

(1) To file a claim for a refund, a licensee must properly complete the claim for refund form provided by the Division and file such form with the Division. (47.1-1618(1) temp. 10/28/93. perm. 1/30/94)

(1.5) After reviewing the claim for refund form and information provided thereon, the Director will approve or deny the claim. If the claim is approved the Division will process the claim. (47.1-1618(1.5) temp. 10/28/93. perm. 1/30/94)

(2) Section 21 of Article 39 of the Colorado Revised Statutes outlines the process for filing a claim for a refund. If the Director denies the claim, based on information provided, the licensee must, within 60 days after the claim is filed, file with the Commission a memorandum of points and authorities in support of the claim, setting forth the legal basis and the licensee's calculations of the amount of the refund and any interest due thereon, and serve a copy of the memorandum on the Director. (47.1-1618(2) temp. 10/28/93. perm. 1/30/94)

(3) The Division must, within 60 days after service of the licensee's memorandum, file a memorandum of points and authorities in opposition to the licensee's claim and shall serve a copy on the licensee. The licensee may, within 10 days after service of the Division's memorandum, file a reply memorandum.

(5) The Commission will review the memorandums of points and authorities and other pleadings filed. The Commission may in its discretion schedule a hearing in the matter. After the review of all information submitted, including information submitted at any hearing, the Commission will issue a written decision. Said decision shall be considered final agency action, and any appeal of said decision shall be governed by the provisions of Article 21 of Title 39, C.R.S. (47.1-1618(5) temp. 10/28/93, perm. 1/30/94)