Enlarge image | (07/02/18) 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 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 valorem taxes are paid by the producer to local governments General Information (cities and counties). You are allowed a credit against Colorado severance tax is imposed upon nonrenewable severance tax of 87.5% of your share of ad valorem taxes natural resources that are removed from the earth in paid or assessed on actual oil or gas production (not the Colorado. The tax is calculated on the gross income from oil tax on facilities or equipment). However, ad valorem and gas and carbon dioxide production. taxes on production from “stripper wells” should not Who Must File Return DR 0021 be included in the credit. Specific instructions for this Anyone who receives taxable income from oil or gas deduction are on the DR 0021D, Colorado Oil and Gas and produced in Colorado. If you are a producer or own a working Carbon Dioxide Severance Tax Schedule. You should verify interest, or a royalty interest in any oil or gas (including carbon that the withholding statements accurately report the same dioxide) produced in Colorado, or if you receive royalties on information as shown on your division of interest statements Colorado oil shale, you must pay severance tax to the State and revenue checks. of Colorado. Severance tax might be due even though you Important - Partners of a General Partnership do not realize a net profit on your investment. Partners of a General Partnership should attach a copy A limited partnership, LLC or S Corporation must file at the of the partnership’s DR 0021W and a schedule detailing entity level. Partners, members, or shareholders do not file their individual portion of gross income and taxes paid or a severance tax return to report oil and gas income received withheld as reported on their individual returns. by the pass-through entity. A General Partnership will not file at the entity level. Each partner, and not the general Filing Period partnership, is required to file a return. The Colorado severance tax filing period should match the tax year/filing period used for federal income tax purposes. Oil and gas production from “stripper wells” is exempt from severance tax. This includes oil from a well that produces Filing Status 15 barrels or less of crude oil per day or gas from a well The Colorado filing status will generally match the filing status that produces 90,000 cubic feet or less of gas per day, for from your federal income tax return. However, the Colorado the average of all producing days during the taxable year. severance tax filing status will always be joint if you are Each commodity must be tested for each well to determine married - regardless of whether you file jointly or separately. that commodity’s stripper well status. More information about Single or head of household filing statuses should file a single stripper well withholding and filing requirements can be found status Colorado severance tax return. at Colorado.gov/Tax by reading FYI Withholding 4 and FYI Due Date General 4. You must complete and file the DR 0021, Colorado Oil and Gas Severance Tax Return annually. The return (and Exception payment, if any) are due by the 15th day of the fourth month It is not necessary to file a severance tax return if you after the close of your taxable year. Therefore, if your taxable meet both of the following conditions: year ends on December 31, your severance tax return is 1. the total gross oil and gas withholding on form(s) due April 15 of the following year. The envelope must be DR 0021W for the calendar year is less than $250; postmarked by the due date, or the next business day if the and deadline falls on a Saturday, Sunday or holiday. 2. the producer has withheld sufficiently from Mail Colorado severance tax returns and tax payments to: royalty or production payments to cover the Colorado Department of Revenue severance tax liability. Denver, CO 80261-0006 Filing Extension Severance Withholding If you are unable to complete your severance tax return by Producers or first purchasers who disburse funds must withhold the due date and you estimate that you will owe severance 1% of the gross income for each interest owner. This can tax, you can request a six-month extension by filing the include royalty, working interest or any other interest owner. DR 0021S on page 11. If no balance of severance tax is due, The producer or first purchaser is required to send the an extension for filing is not required. DR 0021W, Oil and Gas Withholding Statement to interest The DR 0021S is an extension of time to file your return. It is owners by March 1 of each year. This form lists the gross not an extension of time to pay severance tax. income and the amount of severance tax the producer has withheld and paid to the state from your royalty or production A filing extension granted by the federal government will not payments. If you own an interest in more than one well or be honored for the Colorado severance tax return. Also, any field, you should receive a separate withholding statement extension to file Colorado income tax returns does not apply from each producer or first purchaser. A copy of each to the Colorado severance tax return. withholding statement must be attached to your severance Amended Returns tax return (DR 0021). To change or correct a Colorado severance tax return, you The producer or first purchaser will also list your share of must file a DR 0021X. This form is available for download “ad valorem” taxes, if any, on the withholding statement. Ad from Colorado.gov/Tax – the official Taxation web site. |
Enlarge image | Page 3 Returns For Prior Years Common Filing Errors Colorado severance tax returns for prior years can be filed Be alert to the following filing tips to avoid delays in return at any time. However, the statute of limitations for claiming a processing, payments and refunds. severance tax refund is three years from the due date. • Indicate the correct tax or fiscal year when filing a Estimated Severance Tax Payments Colorado severance tax return. Corporations who expect their Colorado severance tax liability for the year to exceed their Colorado severance • Married couples must file jointly even if only one credits by $5,000 or more are required to make estimated spouse has oil and gas income. tax payments. Estimated tax payments are due each month • Taxpayers must complete the DR 0021D, Colorado Oil by the 15th day of that month and must be submitted by and Gas Severance Tax Schedule, and attach it to the Electronic Funds Transfer (EFT). A paper form for these tax DR 0021 return. Both of these forms are in this booklet. payments is not required; the EFT transaction is the filing. Visit Colorado.gov/Revenue/EFT for more information on how to • Be sure to carry the correct totals from the DR 0021D register and file through EFT. schedule to the DR 0021 return. Individuals are not required to make estimated payments for • Attach all DR 0021Ws (Oil and Gas Withholding severance tax. Statement) to the DR 0021 return. Missing DR 0021Ws result in delayed refunds. Deceased Persons Legal representatives and surviving spouses may file a • Add up all the DR 0021W withholding statements, return on behalf of a deceased person. Complete the return then round to the nearest dollar. Do not round each as usual. Write “Deceased” in large letters in the white space individual DR 0021W statement and then add them. above the tax year of the return, mark the deceased box for the appropriate person, and fill in the date of death. Write • Do not use a 1099-MISC withholding document for “Filing as surviving spouse” or “Filing as legal representative” severance tax filing. 1099s are income tax withholding after your signature, and attach the DR 0102 (refunds only) documents. They will not report severance tax and a copy of the death certificate. withholding and the department will not allow credit based on the withholding shown on a 1099 document. Record Retention Keep all documentation you used to prepare your return • Do not try to claim a percentage of the withholding for at least three years after the due date or filing date of shown on the DR 0021W and do not create your return, whichever is later. If your return is audited by spreadsheets to show the ownership percentage. the Colorado Department of Revenue, you must be able to Use the amounts on the DR 0021W. The ownership provide back-up documents for all claims and credits listed on percentage has already been calculated by the entity your return. Please note that you are not protected from audit that issued the DR 0021W withholding statement. adjustments to your severance tax return simply because Do not claim all of the withholding but only part of the • an operator or purchaser supplied the information. Also, the income. Department of Revenue may request copies of your federal and Colorado income tax return or other documentation in • Do not deduct gross payments attributable to stripper connection with your Colorado severance return. well production if these are not shown as stripper well income on a DR 0021W. Income Tax Filing Requirement Severance tax is different from income tax. If you receive oil, • Taxpayers are either on an accrual basis or a cash gas or CO 2income from Colorado sources you must also basis — not both. Most individuals are on a cash basis complete and file a Colorado state income tax return. Visit while most corporations are on an accrual basis. Colorado.gov/Tax to download the DR 0104, which can be filed electronically for free using Revenue Online. See the DR • If a return is filed on behalf of an entity such as partnership or limited liability company, do not try to file 0104 for details. Do not claim severance tax withholding as an individual. as a tax credit on your Colorado income tax return. Failure To File • Corporations that expect their Colorado severance If your severance tax account is open, or if you have severance tax liability for a tax year to exceed their Colorado income that is reported to the Colorado Department of severance tax credits by $5,000 or more are required Revenue and you do not file a return for the tax period, the to make estimated tax payments. Department may file a return on your behalf. See Exception • To avoid underestimation penalties, corporations must on page 2. Any severance tax assessed will remain due and make severance tax estimated payments by the 15th payable until you file your return or close your account. If you day of the month and payments must be submitted by are no longer doing business in the State of Colorado, you are EFT. required to close your account by filing the DR 1102, Account Change or Closure Form. Please visit Colorado.gov/Tax for more information. |
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 attach your DR 0021W forms to 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 defined The Department will send you a refund check for this amount in section 613A of the Internal Revenue Code where more if your return is properly completed. than one member of the group is subject to the severance Line 8 Refund tax, the tax must be jointly computed and the severance tax Enter the amount from line 7 that you wish to have refunded. return must be jointly filed under the name of the principal The Department can deposit your refund directly in to your taxpaying corporation. DR 0021AS, available at Colorado. account at a U.S. bank or other financial institution (such as gov/Tax must be attached. a mutual fund, brokerage firm, or credit union) in the United Joint Returns States. When more than one member of a family is subject to the Line 9 Refund Applied to Future Period severance tax, they shall compute the severance tax on one Enter on line 9 the amount of overpayment, if any, you wish combined return. Note: parties to a Civil Union should refer to credited to estimated severance tax payment for next year. federal tax law to determine the correct filing status. Line 10 Tax You Owe Social Security or Colorado Account Number If line 3 is more than line 6, you have additional tax to pay. Individuals must use a Social Security number as the Colorado Subtract line 6 from line 3 and enter the difference on line 10. account number. Business entities must provide the Colorado This is the amount you owe. Attach to your return a check account number (CAN) and the Federal Employer Identification or money order in this amount payable to the Colorado Number (FEIN). Whether you are an individual or a business Department of Revenue. Be sure to write your Social entity, once you have been assigned a Colorado account Security number or Colorado account number on your number by the Colorado Department of Revenue, use the check or money order to ensure credit for your payment. Colorado account number on all returns and correspondence submitted to the Department. See Colorado.gov/Tax for Line 11 Interest Privacy Act Notice. If the return is filed after the due date, interest at the current statutory rate will accrue on any balance of tax due until Tax and Credit paid. The interest rate is 6% per year if we bill you and your First, complete schedule DR 0021D to calculate your payment is made more than 30 days after you receive your severance tax. bill. If you pay your tax with your return or within 30 days of receiving a bill, the interest rate is 3% per year. Enter the Line 1 Oil and Gas Severance Tax amount of late filing interest on line 11. Enter your net tax from line 5 of schedule DR 0021D. Line 12 Penalty Line 2 Impact Assistance Credit The penalty on any late filed return with a balance of tax due A credit against the severance tax is allowed with respect is $30 or 30% of the balance of tax due, whichever is greater. to contributions to local government that are deemed to be Enter the amount of late filing penalty on line 12. necessary because of a new severance operation or the increase in production at an existing operation. The amount Line 13 Estimated Tax Penalty of the credit must be certified by the Executive Director of the Corporations that underpay the estimated tax must enter the Department of Local Affairs. Enter your impact assistance penalty due from the DR 0206. credit for the year on line 2. Be sure to sign your return! If filing a joint return, both Line 3 Net Tax parties must sign. Subtract line 2 from line 1, and enter the difference on line 3. To ensure proper processing, please include your If line 2 is larger than line 1, enter zero. account number on the return. |
Enlarge image | Departmental Use Only DR 0021 (07/02/18) COLORADO DEPARTMENT OF REVENUE Denver, CO 80261-0006 Colorado.gov/Tax (7001) 2018 Colorado Severance Tax–Oil and Gas DR 0021 *180021==19999* Tax Year Beginning (MM/DD/YY) Ending (MM/DD/YY) Last Name or Business Name First Name Middle Initial Date Deceased (MM/DD/YY) SSN 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 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 (07/02/18) 2018 Colorado *180021==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. Attach 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 (07/02/18) COLORADO DEPARTMENT OF REVENUE (7040) Denver, CO 80261-0008 *180021S=19999* Colorado.gov/Tax 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 Denver, CO 80261-0008 by 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 (07/02/18) 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, 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/YY) Ending: (MM/YY) Your Last Name First Name Middle Initial SSN Spouse’s Last Name First Name Middle Initial Spouse’s SSN 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 (07/02/18) COLORADO DEPARTMENT OF REVENUE Denver, CO 80261-0006 *180021D=19999* Colorado.gov/Tax Colorado Oil And Gas Severance Tax Schedule (Attach to the DR 0021) For tax year beginning (MM/YY) Ending (MM/YY) Page Of Please round to whole dollars. Taxpayer’s Last Name First Name Middle Initial SSN 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 use the accrual basis (this applies to most corporations), Instructions For Preparing you must report income from all production in the tax period Severance Tax Schedule DR 0021D whether you actually received the income or not, including Use the DR 0021D to calculate the amount of Colorado deferred amounts if they are reported on the federal income severance tax to enter on line 1 of the DR 0021. tax return. Based on your accounting method (cash or accrual basis), Cash-Basis Taxpayers use the amounts listed on the DR 0021W you received to Report only ad valorem tax (on production) actually paid to complete DR 0021D. If you disagree with the information the county assessor during the severance tax year. Payments provided by a producer/first purchaser, you must request to operators of wells do not qualify, only actual payments to a corrected DR 0021W prior to completing the DR 0021D. the assessor. If a payment is skipped during a tax year, (for Round all amounts to whole dollars. example, delinquent) no claim for tax is allowed. Catch-up or double payments must all be claimed in the year paid and Column cannot be carried back or forward. (A) Producer Name. Enter in column (A) the name of the producer/first purchaser from each DR 0021W. All Accrual Basis Taxpayers information entered on form DR 0021D must have a Report only ad valorem tax (on production) levied, or form DR 0021W included with the return. assessed, within the severance tax year. In November or December, depending upon the year, the Colorado counties (B) Gross Income. Enter in column (B) the gross income set the mill levy for assessment of ad valorem tax on the prior as reported on DR 0021W. This is your share of year’s oil and gas production. The ad valorem tax is not the gross income received or accrued on oil or gas accruable until the amount is established on that date. production. Short Period Returns (C) Gross Income Attributable To Stripper Well Because severance tax requires filing periods consistent with Production. Enter in column (C) the gross income federal income tax filing years, some companies may have to attributable to stripper well production as reported on file short period severance tax returns to match their federal the DR 0021W. filings. The same ad valorem rules apply. If no payment (cash (D) Net Gross Income. Enter in column (D) the net -basis) or accrual date (accrual basis) falls within the short gross income by subtracting the stripper well gross tax period, no claim for ad valorem tax is allowed. (Also, if income listed in column (C) from the gross income the levy or payment date does fall in the short period, all the listed in column (B). tax applies to only that short period.) (E) Ad Valorem Tax. Enter in column (E) the ad valorem tax as reported on the DR 0021W. This is the amount To expedite the processing of your severance tax return, paid or accrued to Colorado local governments in attach all documentation to support ad valorem taxes, the taxable year on oil and gas production. Do not gross income and severance tax withheld. include ad valorem tax on buildings, improvements, Mail your severance tax return and payment, if any, or equipment. A percentage of ad valorem tax is separately from your Colorado income tax return or any allowed as a reduction to the severance tax. other tax return. (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 |
Enlarge image | COLORADO DEPARTMENT OF REVENUE Denver, CO 80261-0006 Colorado.gov/Tax 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 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 Grand Junction 2447 N. Union Blvd. Denver 222 S. 6th Street, Room 208 1375 Sherman Street 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. |