HomeMy WebLinkAboutresolution.council.073-24RESOLUTION # 073
(Series of 2024)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, SUPPORTING THE ADOPTION OF CITY SALES AND USE
FAX COLLECTION SERVICES BY THE COLORADO DEPARTMENT OF
REVENUE.
WHEREAS the State of Colorado is an anomaly relative to other states
around the U.S. in its decentralized tax collection process, allowing for local
jurisdictions to self -collect tax and requiring businesses to file uniquely with
multiple locations as often as monthly; and
WHEREAS the Colorado Department of Revenue is the largest and de facto
closest entity able to serve as a single point provider for sales and use tax
collection services in the State of Colorado; and
`'UEREAS the Colorado Department of Revenue provides tax collection
services for a significant number of statutory and home -rule municipalities and
counties, currently at no cost for these other jurisdictions; and
WHEREAS the Colorado Department of Revenue also assumes all tax
auditing on businesses required to remit sales or use taxes to both the State and
local jurisdictions. for which the Department of Revenue has been engaged to
perforlocal jurisdiction tax collection servi
perform local and
WHEREAS the Colorado General Assembly and Executive Branch,
following the 2018 Supreme Court decision in the South Dakota vs. Wayfair case,
have begun taking more aggressive actions to pursue a uniform taxation process
across the, State, including standardization of taxation code and allowances adopted
by home rule communities;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby direct the Aspen City
Manager and Finance Director to pursue an agreement with the Colorado
Department of Revenue for tax collection services for City of Aspen sales and use
taxes, with the intent of services commencing January 1, 2025. Included with this
Erection is the understanding that the City Council will be prepared to adopt
changes to the City's municipal code to align the majority of taxable goods and
services to definitions outlined in State statute, with allowances for a few
variations to preserve the City's right to tax some commodities that might
otherwise be exempted at the State level.
By adoption of this resolution, the Council further recognizes that the City is still
A
esponsible for the collection of other local taxes that the Colorado Department of
Revenue is currently unable to provide collection services for, including local
lodging tax, short-term rental excise tax, construction use tax, and the City of
Aspen's tobacco tax.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 25th day of June 2024,
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, June 25, 2024.
Nicole Henning, Ci lerk