C.R.S. § 39-21-121 — Unclaimed property offset - definition

(1) (a) The department shall periodically certify to the state treasurer, acting as the administrator of unclaimed property under the Revised Uniform Unclaimed Property Act, article 13 of title 38, information regarding persons who are liable for the payment of taxes, penalties, or interest imposed pursuant to articles 22 to 33 of this title 39 that are delinquent and in distraint. (b) The information described in paragraph (a) of this subsection (1) shall include the social security number or federal employer identification number, whichever is applicable, of the person owing the delinquent taxes, penalties, or interest, the amount owed, and any other identifying information required by the state treasurer. (2) (a) Before paying a claim for unclaimed property pursuant to section 38-13-905, the state treasurer shall compare the social security number or federal employer identification number, whichever is applicable, of the claimant with those certified by the department pursuant to subsection (1) of this section. If the name and associated social security number or federal employer identification number of a claimant appears among those certified, the state treasurer shall obtain the current address of the claimant, suspend the payment of the claim, and notify the department. The notification shall include the name, home address, and social security number or federal employer identification number of the claimant. (b) After receipt of the notification from the state treasurer that a person claiming unclaimed property pursuant to section 38-13-903 appears among those certified by the department pursuant to subsection (1) of this section, the department shall notify the person, in writing, that the state intends to offset the person's delinquent state taxes, penalties, or interest liability against the person's claim for unclaimed property. (3) Except as otherwise provided in section 38-13-902.1 (2), upon notification by the state treasurer of the amounts of unclaimed property held pursuant to section 38-13-902.3, the department shall apply such amounts to the person's delinquent state tax liability. (4) The department shall promulgate rules pursuant to article 4 of title 24, C.R.S., establishing procedures to implement this section. (5) For purposes of this section, claim for unclaimed property means a cash claim submitted in accordance with section 38-13-903. Source: L. 2005: Entire section added, p. 701, § 6, effective August 8. L. 2019: (1)(a), (2), (3), and (5) amended, (SB 19-088), ch. 110, p. 471, § 20, effective July 1, 2020. 39-21-122. Revenue impact of 2010 tax legislation - tracking by department. (Repealed) Source: L. 2010: Entire section added, (HB 10-1189), ch. 5, p. 38, § 2, effective February 24; entire section added, (HB 10-1190), ch. 6, p. 42, § 3, effective February 24; entire section added, (HB 10-1191), ch. 7, p. 47, § 4, effective February 24; entire section added, (HB 10-1193), ch. 9, p. 56, § 3, effective February 24; entire section added, (HB 10-1194), ch. 10, p. 59, § 2, effective February 24; entire section added, (HB 10-1195), ch. 11, p. 63, § 2, effective February 24; entire section added, (HB 10-1196), ch. 12, p. 66, § 3, effective February 24; entire section added, (HB 10-1199), ch. 13, p. 67, § 1, effective February 24; entire section added, (HB 10-1192), ch. 8, p. 52, § 5, effective March 1; entire section added, (HB 10-1197), ch. 175, p. 635, § 3, effective August 11. L. 2011: (7) repealed, (HB 11-1005), ch. 194, p. 755, § 2, effective July 1; (4)(b) added by revision, (HB 11-1293), ch. 299, pp. 1437, 1440, §§ 3, 6. L. 2016: Entire section repealed, (HB 16-1026), ch. 36, p. 91, § 1, effective March 22. PART 2 TAX AMNESTY PROGRAM Editor's note: This part 2 was repealed in 1987 and was subsequently recreated and reenacted in 2003, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 2 prior to 1987, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. 39-21-201. Program established - repeal. (Repealed) Source: L. 2003: Entire part RC&RE, p. 504, § 1, effective March 5. L. 2005: (2) amended, p. 1069, § 16, effective January 1, 2006. L. 2011: (1), (2), (3)(a), (3)(b), (3)(d), (4), and (8) amended and (6.5) added, (SB 11-184), ch. 290, p. 1345, § 1, effective June 3. L. 2024: (9) added by revision, (SB 24-025), ch. 144, pp. 579, 585, §§ 41, 55. Editor's note: Subsection (9) provided for the repeal of this section, effective July 1, 2025. (See L. 2024, pp. 579, 585.) 39-21-202. Tax amnesty cash fund - creation - uses - repeal. (Repealed) Source: L. 2011: Entire section added, (SB 11-184), ch. 290, p. 1347, § 2, effective June 3. Editor's note: Subsection (3) provided for the repeal of this section, effective January 1, 2016. (See L. 2011, p. 290.) PART 3 TAX PROFILE AND EXPENDITURE REPORT