Enlarge image | (10/10/19) 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 2019 DR 0021S 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 |
Enlarge image | Page 2 severance tax of 87.5% of your share of ad valorem taxes General Information paid or assessed on actual oil or gas production (not the Colorado severance tax is imposed upon nonrenewable tax on facilities or equipment). However, ad valorem natural resources that are removed from the earth in taxes on production from “stripper wells” should not Colorado. The tax is calculated on the gross income from oil be included in the credit. Specific instructions for this and gas and carbon dioxide production. deduction are on the DR 0021D, Colorado Oil and Gas and Who Must File Return DR 0021 Carbon Dioxide Severance Tax Schedule. You should verify Anyone who receives taxable income from oil or gas that the withholding statements accurately report the same produced in Colorado. If you are a producer or own a working information as shown on your division of interest statements interest, or a royalty interest in any oil or gas (including carbon and revenue checks. dioxide) produced in Colorado, or if you receive royalties on Important - Partners of a General Partnership Colorado oil shale, you must pay severance tax to the State Partners of a General Partnership should attach a copy of Colorado. Severance tax might be due even though you of the partnership’s DR 0021W and a schedule detailing do not realize a net profit on your investment. their individual portion of gross income and taxes paid or A limited partnership, LLC or S Corporation must file at the withheld as reported on their individual returns. entity level. Partners, members, or shareholders do not file a severance tax return to report oil and gas income received Filing Period by the pass-through entity. A General Partnership will not The Colorado severance tax filing period should match the file at the entity level. Each partner, and not the general tax year/filing period used for federal income tax purposes. partnership, is required to file a return. Filing Status Oil and gas production from “stripper wells” is exempt from The Colorado filing status will generally match the filing status severance tax. This includes oil from a well that produces from your federal income tax return. However, the Colorado 15 barrels or less of crude oil per day or gas from a well severance tax filing status will always be joint if you are that produces 90,000 cubic feet or less of gas per day, for married - regardless of whether you file jointly or separately. the average of all producing days during the taxable year. Single or head of household filing statuses should file a single Each commodity must be tested for each well to determine status Colorado severance tax return. that commodity’s stripper well status. More information about Due Date stripper well withholding and filing requirements can be found You must complete and file the DR 0021, Colorado Oil at Colorado.gov/Tax by reading FYI Withholding 4 and FYI and Gas Severance Tax Return annually. The return (and General 4. payment, if any) are due by the 15th day of the fourth month after the close of your taxable year. Therefore, if your taxable Exception year ends on December 31, your severance tax return is It is not necessary to file a severance tax return if you due April 15 of the following year. The envelope must be meet both of the following conditions: postmarked by the due date, or the next business day if the 1. the total gross oil and gas withholding on form(s) deadline falls on a Saturday, Sunday or holiday. DR 0021W for the calendar year is less than $250; Mail Colorado severance tax returns and tax payments to: and Colorado Department of Revenue 2. the producer has withheld sufficiently from Denver, CO 80261-0006 royalty or production payments to cover the Filing Extension severance tax liability. If you are unable to complete your severance tax return by the due date and you estimate that you will owe severance Severance Withholding tax, you can request a six-month extension by filing the Producers or first purchasers who disburse funds must withhold DR 0021S on page 7. If no balance of severance tax is due, 1% of the gross income for each interest owner. This can an extension for filing is not required. include royalty, working interest or any other interest owner. The DR 0021S is an extension of time to file your return. It is The producer or first purchaser is required to send the not an extension of time to pay severance tax. DR 0021W, Oil and Gas Withholding Statement to interest owners by March 1 of each year. This form lists the gross A filing extension granted by the federal government will not income and the amount of severance tax the producer has be honored for the Colorado severance tax return. Also, any withheld and paid to the state from your royalty or production extension to file Colorado income tax returns does not apply payments. If you own an interest in more than one well or to the Colorado severance tax return. field, you should receive a separate withholding statement Amended Returns from each producer or first purchaser. A copy of each To change or correct a Colorado severance tax return, you withholding statement must be attached to your severance must file a DR 0021X. This form is available for download tax return (DR 0021). from Colorado.gov/Tax – the official Taxation web site. The producer or first purchaser will also list your share of “ad valorem” taxes, if any, on the withholding statement. Ad Returns For Prior Years valorem taxes are paid by the producer to local governments Colorado severance tax returns for prior years can be filed (cities and counties). You are allowed a credit against at any time. However, the statute of limitations for claiming a severance tax refund is three years from the due date. |
Enlarge image | Page 3 Estimated Severance Tax Payments • Taxpayers must complete the DR 0021D, Colorado Oil Corporations who expect their Colorado severance tax and Gas Severance Tax Schedule, and attach it to the liability for the year to exceed their Colorado severance DR 0021 return. Both of these forms are in this booklet. credits by $5,000 or more are required to make estimated tax payments. Estimated tax payments are due each month • Be sure to carry the correct totals from the DR 0021D by the 15th day of that month and must be submitted by schedule to the DR 0021 return. Electronic Funds Transfer (EFT). A paper form for these tax • Attach all DR 0021Ws (Oil and Gas Withholding payments is not required; the EFT transaction is the filing. Visit Statement) to the DR 0021 return. Missing DR 0021Ws Colorado.gov/Revenue/EFT for more information on how to result in delayed refunds. register and file through EFT. Individuals are not required to make estimated payments for • Add up all the DR 0021W withholding statements, then round to the nearest dollar. Do not round each severance tax. individual DR 0021W statement and then add them. Deceased Persons Do not use a 1099-MISC withholding document for Legal representatives and surviving spouses may file a • severance tax filing. 1099s are income tax withholding return on behalf of a deceased person. Complete the return as usual. Write “Deceased” in large letters in the white space documents. They will not report severance tax above the tax year of the return, mark the deceased box for withholding and the department will not allow credit the appropriate person, and fill in the date of death. Write based on the withholding shown on a 1099 document. “Filing as surviving spouse” or “Filing as legal representative” • Do not try to claim a percentage of the withholding after your signature, and attach the DR 0102 (refunds only) shown on the DR 0021W and do not create and a copy of the death certificate. spreadsheets to show the ownership percentage. Record Retention Use the amounts on the DR 0021W. The ownership Keep all documentation you used to prepare your return percentage has already been calculated by the entity for at least three years after the due date or filing date of that issued the DR 0021W withholding statement. your return, whichever is later. If your return is audited by Do not claim all of the withholding but only part of the • the Colorado Department of Revenue, you must be able to income. provide back-up documents for all claims and credits listed on your return. Please note that you are not protected from audit • Do not deduct gross payments attributable to stripper adjustments to your severance tax return simply because well production if these are not shown as stripper well an operator or purchaser supplied the information. Also, the income on a DR 0021W. Department of Revenue may request copies of your federal Taxpayers are either on an accrual basis or a cash • and Colorado income tax return or other documentation in basis — not both. Most individuals are on a cash basis connection with your Colorado severance return. while most corporations are on an accrual basis. Income Tax Filing Requirement • If a return is filed on behalf of an entity such as Severance tax is different from income tax. If you receive oil, partnership or limited liability company, do not try to file gas or CO 2income from Colorado sources you must also as an individual. complete and file a Colorado state income tax return. Visit Colorado.gov/Tax to download the DR 0104, which can be • Corporations that expect their Colorado severance filed electronically for free using Revenue Online. See the DR tax liability for a tax year to exceed their Colorado 0104 for details. Do not claim severance tax withholding severance tax credits by $5,000 or more are required as a tax credit on your Colorado income tax return. to make estimated tax payments. Failure To File • To avoid underestimation penalties, corporations must If your severance tax account is open, or if you have severance make severance tax estimated payments by the 15th income that is reported to the Colorado Department of day of the month and payments must be submitted by Revenue and you do not file a return for the tax period, the EFT. Department may file a return on your behalf. See Exception on page 2. Any severance tax assessed will remain due and Please visit Colorado.gov/Tax for more information. payable until you file your return or close your account. If you are no longer doing business in the State of Colorado, you are required to close your account by filing the DR 1102, Account Change 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. |
Enlarge image | Page 4 withholding statements (DR 0021W) as Colorado severance DR 0021 Instructions tax withheld. Add all amounts, then round to the nearest Who Must File dollar. Be sure to attach your DR 0021W forms to your Every individual, corporation, business trust, limited return; missing DR 0021Ws will delay your refund. Do not partnership, LLC, partner in a general partnership, claim credit for conservation tax or ad valorem taxes association, estate, trust or any other legal entity that on this line. received income from oil and gas produced in Colorado must Line 5 Estimated Tax and Extension Payments file a severance tax return. The return must be made for the Enter on the total amount of your estimated tax and extension same tax year used for federal income tax purposes and is payments made for the taxable year. due on or before the 15th day of the fourth month following the end of the taxable year. See General Information section Refund or Balance Due for exception. If you are an oil and gas producer you must Line 7 Overpayment complete the DR 0021PD and retain for your records. Subtract line 3 from line 6 and enter the difference on line 7. Controlled group: corporations, family group, The Department will send you a refund check for this amount if your return is properly completed. or other type of group In the case of a controlled group of corporations as defined Line 8 Refund in section 613A of the Internal Revenue Code where more Enter the amount from line 7 that you wish to have refunded. than one member of the group is subject to the severance The Department can deposit your refund directly in to your tax, the tax must be jointly computed and the severance account at a U.S. bank or other financial institution (such tax return must be jointly filed under the name of the as a mutual fund, brokerage firm, or credit union) in the principal taxpaying corporation. DR 0021AS, available at United States. Colorado.gov/Tax 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 10. Social Security or Colorado Account Number This is the amount you owe. Attach to your return a check Individuals must use a Social Security number as the Colorado or money order in this amount payable to the Colorado account number. Business entities must provide the Colorado Department of Revenue. Be sure to write your Social account number (CAN) and the Federal Employer Identification Security number or Colorado account number on your Number (FEIN). Whether you are an individual or a business check or money order to ensure credit for your payment. entity, once you have been assigned a Colorado account number by the Colorado Department of Revenue, use the Line 11 Interest Colorado account number on all returns and correspondence If the return is filed after the due date, interest at the current submitted to the Department. See Colorado.gov/Tax for statutory rate will accrue on any balance of tax due until Privacy Act Notice. paid. The interest rate is 9% per year if we bill you and your payment is made more than 30 days after you receive your Tax and Credit bill. If you pay your tax with your return or within 30 days of First, complete schedule DR 0021D to calculate your receiving a bill, the interest rate is 6% per year. Enter the severance tax. amount of late 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. Line 4 Severance Tax Withheld Enter the total amount shown on all of your oil and gas |
Enlarge image | Departmental Use Only DR 0021 (06/18/19) COLORADO DEPARTMENT OF REVENUE Denver CO 80261-0006 Colorado.gov/Tax (7001) 2019 Colorado Severance Tax–Oil and Gas DR 0021 *190021==19999* Tax Year Beginning (MM/DD/19) 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 Tax and Credit – Complete schedule DR 0021D first. Attach the DR 0021D to 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 DR 0021W 4 00 • 5. Estimated tax and extension payments 5 00 • 6. Total prepayments, add 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 (06/18/19) 2019 Colorado *190021==29999* Severance Tax–Oil and Gas DR 0021 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, add 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 |
Enlarge image | DR 0021S (06/28/19) COLORADO DEPARTMENT OF REVENUE (7040) Denver CO 80261-0008 *190021S=19999* Colorado.gov/Tax 2019 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 5 of the DR 0021 $ If no payment is due, do not file the DR 0021S. DR 0021S (06/28/19) 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/19) 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 (06/17/19) COLORADO DEPARTMENT OF REVENUE Denver CO 80261-0006 *190021D=19999* Colorado.gov/Tax Colorado Oil And Gas Severance Tax Schedule (Attach to the DR 0021) For tax year beginning (MM/19) 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. If line 4 is larger enter 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 |
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Enlarge image | Page 11 whether you actually received the income or not, including Instructions For Preparing deferred amounts if they are reported on the federal income Severance Tax Schedule DR 0021D 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, only actual payments to complete DR 0021D. If you disagree with the information the assessor. If a payment is skipped during a tax year, (for provided by a producer/first purchaser, you must request example, delinquent) no claim for tax is allowed. Catch-up a corrected DR 0021W prior to completing the DR 0021D. or double payments must all be claimed in the year paid and Round all amounts to whole dollars. cannot be carried back or forward. Column Accrual Basis Taxpayers (A) Producer Name. Enter in column (A) the name of Report only ad valorem tax (on production) levied, or the producer/first purchaser from each DR 0021W. All assessed, within the severance tax year. In November or information entered on form DR 0021D must have a December, depending upon the year, the Colorado counties form DR 0021W included with the return. set the mill levy for assessment of ad valorem tax on the prior year’s oil and gas production. The ad valorem tax is not (B) Gross Income. Enter in column (B) the gross income accruable until the amount is established on that date. as reported on DR 0021W. This is your share of the gross income received or accrued on oil or gas Short Period Returns production. Because severance tax requires filing periods consistent with federal income tax filing years, some companies may have to (C) Gross Income Attributable To Stripper Well file short period severance tax returns to match their federal Production. Enter in column (C) the gross income filings. The same ad valorem rules apply. If no payment (cash attributable to stripper well production as reported on -basis) or accrual date (accrual basis) falls within the short the DR 0021W. tax period, no claim for ad valorem tax is allowed. (Also, if (D) Net Gross Income. Enter in column (D) the net the levy or payment date does fall in the short period, all the gross income by subtracting the stripper well gross tax applies to only that short period.) income listed in column (C) from the gross income listed in column (B). To expedite the processing of your severance tax return, (E) Ad Valorem Tax. Enter in column (E) the ad valorem attach all documentation to support ad valorem taxes, tax as reported on the DR 0021W. This is the amount gross income and severance tax withheld. paid or accrued to Colorado local governments in Mail your severance tax return and payment, if any, the taxable year on oil and gas production. Do not separately from your Colorado income tax return or any include ad valorem tax on buildings, improvements, other tax return. 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 and 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 in the tax period |
Enlarge image | Please read all instructions before completing the forms. STATE OF COLORADO DEPARTMENT OF REVENUE Denver CO 80261-0005 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 Forms and information are available Monday through Friday, 8:00 a.m. to 4:30 p.m. You may find directions to each service center on our web site at Colorado.gov/Tax Colorado Springs Denver Grand Junction 2447 N. Union Blvd. 1375 Sherman Street 222 S. 6th Street, Room 208 Pueblo Fort Collins 827 W. 4th Street, Suite A 3030 S. College Avenue Visit Colorado.gov/Tax to find other severance tax forms and schedules not included in this booklet. |