Enlarge image | (11/23/20) Booklet Includes: DR 0021 DR 0021D Book DR 0021S 21 Colorado Severance Tax Booklet Colorado Severance Tax Forms This book includes: DR 0021 Oil and Gas Severance Tax Return DR 0021D Oil and Gas Severance Tax Computation Schedule DR 0021S 2020 Application for Extension of Time to File Colorado Severance Tax Return MAIL COLORADO SEVERANCE TAX RETURNS AND TAX PAYMENTS TO COLORADO DEPARTMENT OF REVENUE Denver, CO 80261-0006 Tax.Colorado.gov |
Enlarge image | Page 2 paid or assessed on actual, taxable oil and gas production General Information (not the tax on facilities or equipment). Ad valorem taxes Colorado severance tax is imposed upon nonrenewable on production from “stripper wells” should not be natural resources that are removed from the earth in included in the credit. Specific instructions for this Colorado. The tax related to oil and gas is calculated on the deduction are on the DR 0021D, Colorado Oil and Gas and gross income from oil and gas and carbon dioxide production. Carbon Dioxide Severance Tax Schedule. You should verify Who Must File Return DR 0021 that the withholding statements accurately report the same Anyone who receives taxable income from oil or gas information as shown on your division of interest statements produced in Colorado. If you own a working interest, or a and revenue checks. royalty interest in any oil or gas (including carbon dioxide) Filing Period produced in Colorado, or if you receive royalties on Colorado The Colorado severance tax filing period should match the oil shale, you must pay severance tax to the State of tax year/filing period used for federal income tax purposes. Colorado. Severance tax might be due even though you do not realize a net profit on your investment. Filing Status A partnership, LLC or S Corporation must file at the entity The Colorado filing status will generally match the filing status level. Partners, members, or shareholders do not file a from your federal income tax return. However, the Colorado severance tax return to report oil and gas income received severance tax filing status will always be joint if you are by the pass-through entity. married - regardless of whether you file jointly or separately for federal income tax purposes. If you are filing as single or Oil and gas production from “stripper wells” is exempt from head of household for income tax purposes, you should file severance tax. This includes oil from a well that produces a single status Colorado severance tax return. 15 barrels or less of crude oil per day or gas from a well that produces 90,000 cubic feet or less of gas per day, for the Due Date average of all producing days during the taxable year. Each You must complete and file the DR 0021, Colorado Oil commodity must be tested for each well to determine that and Gas Severance Tax Return, annually. The return (and commodity’s stripper well status. More information about payment, if any) are due by the 15th day of the fourth month stripper well withholding and filing requirements can be after the close of your taxable year. Therefore, if your taxable found by reading FYI Withholding 4 and FYI General 4 at year ends on December 31, your severance tax return is Tax.Colorado.gov - the official Taxation web site. due April 15 of the following year. The envelope must be postmarked by the due date or the next business day if the deadline falls on a Saturday, Sunday or holiday. Exception It is not necessary to file a severance tax return if you Mail Colorado severance tax returns and tax payments to: meet both of the following conditions: Colorado Department of Revenue 1. the total gross oil and gas withholding on form(s) Denver, CO 80261-0006 DR 0021W for the calendar year is less than $250; Filing Extension and If you are unable to complete your severance tax return by 2. the producer has withheld sufficiently from the due date and you estimate that you will owe severance royalty or production payments to cover the tax, you can request a six-month extension by filing the severance tax liability. DR 0021S on page 9. If no balance of severance tax is due, an extension for filing is not required. Severance Withholding The DR 0021S is an extension of time to file your return. It is Producers or first purchasers who disburse funds must withhold not an extension of time to pay severance tax. 1% of the gross income for each interest owner. This applies Filing extensions for federal or Colorado income tax returns to any relevant interest owners, including those with royalty do not apply to the Colorado severance tax return. You must interest or working interest. use the DR 0021S to request a filing extension specifically The producer or first purchaser is required to send the DR for your severance tax return. 0021W, Oil and Gas Withholding Statement, to interest owners by March 1 of each year. This form lists the gross Amended Returns income and the amount of severance tax the producer has To change or correct a Colorado severance tax return, you withheld and paid to the state from your royalty or production must file a DR 0021X. This form is available for download payments. If you own an interest in more than one well or from Tax.Colorado.gov. field, you should receive a separate withholding statement from each producer or first purchaser. A copy of each Returns For Prior Years Colorado severance tax returns for prior years can be filed withholding statement must be included with your severance at any time. However, the statute of limitations for claiming a tax return (DR 0021). severance tax refund is three years from the due date. The producer or first purchaser will also list your share of “ad valorem” taxes, if any, on the withholding statement. Ad Estimated Severance Tax Payments valorem taxes are paid by the producer to local governments Corporations who expect their Colorado severance tax (cities and counties). You are allowed a credit against liability for the year to exceed their Colorado severance severance tax of 87.5% of your share of ad valorem taxes credits by $5,000 or more are required to make estimated tax payments. Estimated tax payments are due each month |
Enlarge image | Page 3 by the 15th day of that month and must be submitted by • Taxpayers must complete the DR 0021D, Colorado Oil Electronic Funds Transfer (EFT). A paper form for these tax and Gas Severance Tax Schedule, and include it with payments is not required; the EFT transaction is the filing. the DR 0021 return. Both of these forms are in this Visit Tax.Colorado.gov/electronic-funds-transfer for more booklet. information on how to register and file through EFT. Individuals are not required to make estimated payments for • Be sure to carry the correct totals from the DR 0021D severance tax. schedule to the DR 0021 return. Deceased Persons • Include all DR 0021Ws (Oil and Gas Withholding Legal representatives and surviving spouses may file a Statement) with the DR 0021 return. Missing DR return on behalf of a deceased person. Complete the return 0021Ws result in delayed refunds. as usual. Write “Deceased” in large letters in the white space • Add up all the DR 0021W withholding statements, above the tax year of the return, mark the deceased box for then round to the nearest dollar. Do not round each the appropriate person, and fill in the date of death. Write individual DR 0021W statement and then add them. “Filing as surviving spouse” or “Filing as legal representative” after your signature, and include the DR 0102 (refunds only) • Do not use a 1099-MISC withholding document for and a copy of the death certificate. severance tax filing. 1099s are income tax withholding documents. They will not report severance tax Record Retention withholding and the department will not allow credit Keep all documentation you used to prepare your return based on the withholding shown on a 1099 document. for at least three years after the due date or filing date of your return, whichever is later. If your return is audited by • Do not claim a percentage of the withholding shown the Colorado Department of Revenue, you must be able to on the DR 0021W and do not create spreadsheets to provide back-up documents for all claims and credits listed on show the ownership percentage. Use the amounts on your return. Please note that you are not protected from audit the DR 0021W. The ownership percentage has already adjustments to your severance tax return simply because been calculated by the entity that issued the DR an operator or purchaser supplied the information. Also, the 0021W withholding statement. Department of Revenue may request copies of your federal and Colorado income tax return or other documentation in • Do not claim all of the withholding but only part of the income. connection with your Colorado severance return. • Do not deduct gross payments attributable to stripper Income Tax Filing Requirement well production if these are not shown as stripper well Severance tax is different from income tax. If you receive oil, income on a DR 0021W. gas or CO 2income from Colorado sources you must also complete and file a Colorado state income tax return. Visit • Taxpayers are either on an accrual basis or a cash Tax.Colorado.gov to download the DR 0104, which can be basis — not both. Most individuals are on a cash basis filed electronically for free using Revenue Online. See the DR while most corporations are on an accrual basis. 0104 for details. Do not claim severance tax withholding • If a return is filed on behalf of an entity such as as a tax credit on your Colorado income tax return. partnership or limited liability company, do not try to file Failure To File as an individual. If your severance tax account is open, or if you have severance income that is reported to the Colorado • Corporations that expect their Colorado severance Department of Revenue and you do not file a return for tax liability for a tax year to exceed their Colorado the tax period, the Department may file a return on your severance tax credits by $5,000 or more are required behalf. This does not apply if you meet the conditions to make estimated tax payments. under the “Exception” section on page 2 of this booklet. To avoid underestimation penalties, corporations must • Any severance tax assessed if the Department does file make severance tax estimated payments by the 15th on your behalf will remain due and payable until you file day of the month and payments must be submitted by your return or close your account. If you are no longer EFT. doing business in the State of Colorado, you are required to close your account by filing the DR 1102, Account Change Please visit Tax.Colorado.gov for more information. or Closure Form. Common Filing Errors Be alert to the following filing tips to avoid delays in return processing, payments and refunds. • Indicate the correct tax or fiscal year when filing a Colorado severance tax return. • Married couples must file jointly even if only one spouse has oil and gas income or the couple uses a different filing status for income tax purposes. |
Enlarge image | Page 4 DR 0021 Instructions Line 4 Severance Tax Withheld Enter the total amount shown on all of your oil and gas Who Must File withholding statements (DR 0021W) as Colorado severance Every individual, corporation, business trust, limited tax withheld. Add all amounts, then round to the nearest partnership, LLC, partner in a general partnership, dollar. Be sure to include your DR 0021W forms with your association, estate, trust or any other legal entity that return; missing DR 0021Ws will delay your refund. Do not received income from oil and gas produced in Colorado must claim credit for conservation tax or ad valorem taxes file a severance tax return. The return must be made for the on this line. same tax year used for federal income tax purposes and is Line 5 Estimated Tax and Extension Payments due on or before the 15th day of the fourth month following Enter on the total amount of your estimated tax and extension the end of the taxable year. See General Information section payments made for the taxable year. for exception. If you are an oil and gas producer you must complete the DR 0021PD and retain for your records. Refund or Balance Due Controlled group: corporations, family group, Line 7 Overpayment or other type of group Subtract line 3 from line 6 and enter the difference on line 7. In the case of a controlled group of corporations as Line 8 Refund defined in section 613A of the Internal Revenue Code Enter the amount from line 7 that you wish to have refunded. where more than one member of the group is subject to The Department can deposit your refund directly in to your the severance tax, the tax must be jointly computed and account at a U.S. bank or other financial institution (such as the severance tax return must be jointly filed under the a mutual fund, brokerage firm, or credit union) in the United name of the principal taxpaying corporation. DR 0021AS, States or the Department can send you a refund check. available at Tax.Colorado.gov, must be attached. Line 9 Refund Applied to Future Period Joint Returns Enter on line 9 the amount of overpayment, if any, you wish When more than one member of a family is subject to the credited to estimated severance tax payment for next year. severance tax, they shall compute the severance tax on one combined return. Note: parties to a Civil Union should refer to Line 10 Tax You Owe federal tax law to determine the correct filing status. If line 3 is more than line 6, you have additional tax to pay. Subtract line 6 from line 3 and enter the difference on line Social Security or Colorado Account Number 10. This is the amount you owe. Include with your return a Individuals must use a Social Security number (SSN) or check or money order in this amount payable to the Colorado Individual Taxpayer Identification number (ITIN) as the Department of Revenue. Be sure to write your Social Colorado account number. Business entities must provide Security number or Colorado account number on your the Colorado account number (CAN) and the Federal check or money order to ensure credit for your payment. Employer Identification Number (FEIN). Whether you are an individual or a business entity, once you have been Line 11 Interest assigned a Colorado account number by the Colorado If the return is filed after the due date, interest at the current Department of Revenue, use the Colorado account number statutory rate will accrue on any balance of tax due until paid. on all returns and correspondence submitted to the For the current interest rates, refer to publication FYI General Department. See Tax.Colorado.gov for Privacy Act Notice. 11. The regular rate will apply if we bill you and your payment is made more than 30 days after you receive your bill. If you Tax and Credit pay your tax with your return or within 30 days of receiving a First, complete schedule DR 0021D to calculate your bill, the discounted rate will apply. Enter the amount of late severance tax. filing interest on line 11. Line 1 Oil and Gas Severance Tax Line 12 Penalty Enter your net tax from line 5 of schedule DR 0021D. The penalty on any late filed return with a balance of tax due is $30 or 30% of the balance of tax due, whichever is greater. Line 2 Impact Assistance Credit Enter the amount of late filing penalty on line 12. A credit against the severance tax is allowed with respect to contributions to local government that are deemed to be Line 13 Estimated Tax Penalty necessary because of a new severance operation or the Corporations that underpay the estimated tax must enter the increase in production at an existing operation. The amount penalty due from the DR 0206. of the credit must be certified by the Executive Director of the Department of Local Affairs. Enter your impact assistance Be sure to sign your return! If filing a joint return, both credit for the year on line 2. parties must sign. To ensure proper processing, please include your Line 3 Net Tax account number on the return. Subtract line 2 from line 1, and enter the difference on line 3. If line 2 is larger than line 1, enter zero. |
Enlarge image | Page 5 in the tax period whether you actually received the income Instructions For Preparing or not, including deferred amounts if they are reported on Severance Tax Schedule DR 0021D the federal income tax return. Use the DR 0021D to calculate the amount of Colorado Cash Basis Taxpayers severance tax to enter on line 1 of the DR 0021. Report only ad valorem tax (on production) actually paid to Based on your accounting method (cash or accrual basis), the county assessor during the severance tax year. Payments use the amounts listed on the DR 0021W you received to to operators of wells do not qualify. If a payment is skipped complete DR 0021D. If you disagree with the information during a tax year (for example, delinquent), no claim for tax is provided by a producer/first purchaser, you must request allowed. Catch-up or double payments must all be claimed in a corrected DR 0021W prior to completing the DR 0021D. the year paid and cannot be carried back or forward. Round all amounts to whole dollars. Accrual Basis Taxpayers Column Report only ad valorem tax (on production) levied, or (A) Producer Name. Enter in column (A) the name of assessed, within the severance tax year. In November or the producer/first purchaser from each DR 0021W. All December, depending upon the year, the Colorado counties information entered on form DR 0021D must have a set the mill levy for assessment of ad valorem tax on the prior form DR 0021W included with the return. year’s oil and gas production. The ad valorem tax is not accruable until the amount is established on that date. (B) Gross Income. Enter in column (B) the gross income as reported on DR 0021W. This is your share of Short Period Returns the gross income received or accrued on oil or gas Because severance tax requires filing periods consistent with production. federal income tax filing years, some companies may have to file short period severance tax returns to match their federal (C) Gross Income Attributable To Stripper Well filings. The same ad valorem rules apply. If no payment (cash Production. Enter in column (C) the gross income basis) or accrual date (accrual basis) falls within the short tax attributable to stripper well production as reported on period, no claim for ad valorem tax is allowed. If the levy or the DR 0021W. payment date does fall in the short period, all the tax applies (D) Net Gross Income. Enter in column (D) the net to only that short period. gross income by subtracting the stripper well gross income listed in column (C) from the gross income To expedite the processing of your severance tax return, listed in column (B). include all documentation to support ad valorem taxes, (E) Ad Valorem Tax. Enter in column (E) the ad valorem gross income and severance tax withheld. tax as reported on the DR 0021W. This is the amount Mail your severance tax return and payment, if any, paid or accrued to Colorado local governments in separately from your Colorado income tax return or any the taxable year on oil and gas production. Do not other tax return. include ad valorem tax on buildings, improvements, or equipment. A percentage of ad valorem tax is allowed as a reduction to the severance tax. (F) Ad Valorem Tax Attributable To Stripper Well Production. Enter in column (F) the ad valorem tax attributable to stripper well production as reported on the DR 0021W. (G) Net Ad Valorem Tax. Enter in column (G) the net ad valorem tax by subtracting the stripper well ad valorem tax listed in column (F) from the ad valorem tax listed in column (E). **Note** Reporting revenue and ad valorem taxes in the correct tax year is critical to filing a correct return. Please review the following information. Cash or Accrual Basis. Oil and gas revenue, along with related ad valorem tax, must be reported on a basis consistent with the basis used for filing your federal income tax return. Thus, if you are a cash basis federal taxpayer (this applies to most individuals), reporting income when received and deductions when paid, you must report the same way on the severance tax schedule (DR 0021D). You should include only the income received in the tax period. If you use the accrual basis (this applies to most corporations), you must report income from all production |
Enlarge image | DR 0021 (08/07/20) COLORADO DEPARTMENT OF REVENUE Denver CO 80261-0006 *200021==19999* Tax.Colorado.gov Page 1 of 2 (7001) 2020 Colorado Severance Tax–Oil and Gas Tax Year Beginning (MM/DD/20) Ending (MM/DD/YY) Last Name or Business Name First Name Middle Initial Date Deceased (MM/DD/YY) SSN or ITIN Colorado Account Number Deceased Yes If Joint, Spouse or Partner Last Name (see controlled group definition) First Name Middle Initial Date Deceased (MM/DD/YY) SSN or ITIN Deceased Yes Address FEIN Foreign Country City State ZIP Phone Number If this is a final return, check this box Are you a producer of Colorado Oil or Gas? Yes No Check one: Cash Basis Filer Accrual Basis Filer Tax and Credit – Complete schedule DR 0021D first. Include the DR 0021D with this Round To The form when you file Nearest Dollar 1. Oil and gas tax, enter amount from line 5, DR 0021D 1 00 • 2. Impact assistance credit 2 00 • 3. Net tax, line 1 minus line 2 but not less than zero 3 00 Prepayments 4. Severance tax withheld, attach form(s) DR 0021W 4 00 • 5. Estimated tax and extension payments 5 00 • 6. Total prepayments, sum of lines 4 and 5 6 00 Refund 7. If line 6 is larger than line 3, enter your overpayment 7 00 8. Enter amount from line 7 you want refunded 8 00 • 9. Enter amount from line 7, if any, you want credited to estimated tax for next year 9 00 • |
Enlarge image | DR 0021 (08/07/20) COLORADO DEPARTMENT OF REVENUE Denver CO 80261-0006 *200021==29999* Tax.Colorado.gov Page 2 of 2 2020 Colorado Severance Tax–Oil and Gas Name Account Number Routing Number Type: Checking Savings Direct Deposit Account Number Balance Due 10. If line 3 is larger than line 6, enter the balance due here 10 00 11. Interest on balance due 11 00 • 12. Penalty on balance due 12 00 • 13. Estimated tax penalty (corporations only) 13 00 • 14. Total amount due, sum of lines 10, 11, 12 and 13 Paid by EFT 14 • The State may convert your check to a one time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. If converted, your check will not be returned. If your check is rejected due to insufficient or uncollected funds, the Department of Revenue may collect the payment amount directly from your bank account electronically. Mail Your Severance Tax Return Separately From Your Income Tax Return. Include Form DR 0021W Withholding Forms. Mail to and make checks payable to: Colorado Department of Revenue Denver, CO 80261-0006 Under penalty of perjury in the second degree, I declare that I have examined this return and to the best of my knowledge and belief it is true, correct, and complete. Signature of Individual Taxpayer Date (MM/DD/YY) Spouse’s Signature Date (MM/DD/YY) Signature of Corporate Officer Date (MM/DD/YY) Preparer’s Last Name Preparer’s First Name Preparer’s Phone Number Address City State Zip |
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Enlarge image | DR 0021S (08/14/20) COLORADO DEPARTMENT OF REVENUE (7040) Denver CO 80261-0008 *200021S=19999* Tax.Colorado.gov Page 1 of 1 2020 Extension Of Time For Filing Colorado Oil And Gas Severance Tax Return Colorado severance tax returns are due to be filed by the If after the original due date of the return it is found that the fifteenth day of the fourth month after the close of the tax year. amount paid is insufficient to meet the 90% requirement, An automatic six-month extension of time for filing the additional payment should be made as soon as possible Colorado severance tax return is allowed for all taxpayers. to reduce accumulation of penalty and interest. Make such However, an extension of time to file is not an extension of payment with the DR 0021S. time to pay the tax. If at least 90% of the net tax liability is not Be sure to round your payment to the nearest dollar. The paid by the original due date of the return, penalty and interest amount on the check and the amount entered on the payment will be assessed. If 90% or more of the net tax liability is paid form must be the same. This will help maintain accuracy in by the original due date of the return and the balance is paid your tax account. when the return is filed by the last day of the extension period, Submit the DR 0021S with payment to: only interest will be assessed. Colorado Department of Revenue Use the DR 0021S to make a payment that must be made by Denver, CO 80261-0008 the original due date of the return to meet the 90% requirement. Worksheet 1. Tentative amount of tax for the taxable year after reduction for the impact assistance credit (if any) $ 2. Less: (a) Severance tax withheld $ (b) Estimated tax payments $ (c) Total (a) and (b) $ 3. Balance to be remitted with this request for extension, line 1 minus line 2 (c). Enter amount of payment below. Claim credit for this payment on line 15 of the DR 0021 $ If no payment is due, do not file the DR 0021S. DR 0021S (08/14/20) Return the DR 0021S with check or money order payable to the Colorado Department of Revenue, Denver, Colorado 80261- 0008. Write your Social Security number, ITIN, Colorado Account Number or Federal Employer Identification Number and DR 0021S on your check or money order. Do not send cash. Enclose, but do not staple or attach, your payment with this form. For Tax Period: (MM/20) Ending: (MM/YY) Your Last Name First Name Middle Initial SSN or ITIN Spouse’s Last Name First Name Middle Initial Spouse’s SSN or ITIN Address FEIN City State ZIP Foreign Country If no payment is due, do not file this form. Amount Owed The State may convert your check to a one-time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. If converted, your check will not be returned. If your check is rejected due to insufficient or uncollected funds, the Department of Revenue may collect the payment amount directly from your bank account electronically. $ |
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Enlarge image | DR 0021D (08/07/20) COLORADO DEPARTMENT OF REVENUE Denver CO 80261-0006 *200021D=19999* Tax.Colorado.gov Page 1 of 1 Colorado Oil and Gas Severance Tax Schedule (Include with the DR 0021) For tax year beginning (MM/20) Ending (MM/YY) Page Of Please round to whole dollars. Taxpayer’s Last Name First Name Middle Initial SSN, ITIN or Colorado Account Number (A) (B) (C) (D) (E) (F) (G) Producer Name Gross Income Gross Income Net Gross Ad Valorem Ad Valorem Net Ad List each 0021W Attributable Income Attributable to Valorem on a to Stripper Well (Column B-C) Stripper Well (Column E-F) Separate Line Production Production Check Accounting Method Cash basis or Accrual basis 1. Net gross income [total of column (D)] 1 00 • 2. Tax on total net gross income (see tax rate schedule below) 2 00 • 3. Net ad valorem tax [total of column (G)] 3 00 • 4. Ad valorem tax credit, 87.5% of the amount on line 3 4 00 • 5. Net tax on oil and gas income, line 2 minus line 4, but not less than 0. Enter here and on line 1 of the DR 0021. 5 00 Tax Rate Schedule If total net gross income is: The tax is: Under $25,000 2% of gross income $25,000–$99,999 $500 plus 3% of the excess over $24,999 $100,000–$299,999 $2,750 plus 4% of the excess over $99,999 $300,000 and over $10,750 plus 5% of the excess over $299,999 |
Enlarge image | Please read all instructions before completing the forms. STATE OF COLORADO DEPARTMENT OF REVENUE Official State of Colorado Publication Secure Messaging Contact Department of Revenue support staff electronically through Revenue Online. This service is secure and confidential. Visit Colorado.gov/RevenueOnline to register and get started. Call Center Assistance 303-238-SERV (7378) Monday–Friday 8:00 a.m.–4:30 p.m. Service Centers All visits for assistance and information are by appointment only and can be scheduled at our web page at Tax.Colorado.gov/Visit-a-Service-Center. Forms are available Monday through Friday, 8:00 am to 4:30 pm. For those who do not need assistance, each service center is equipped with a secure drop box for documents. Colorado Springs Denver Metro Grand Junction 2447 N. Union Blvd. 1881 Pierce Street, Entrance B 222 S. 6th Street, Room 208 Pueblo Lakewood, CO Fort Collins 827 W. 4th Street, Suite A 3030 S. College Avenue Visit Tax.Colorado.gov to find other severance tax forms and schedules not included in this booklet. |