Enlarge image | (06/18/14) Colorado Severance Tax Booklet THIS BOOKLET CONTAINS: 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 Severance Tax Forms All forms in this booklet may be photocopied. Other severance tax forms and schedules not included in this booklet can be accessed on the Web site at: www.TaxColorado.com |
Enlarge image | Page 2 against severance tax of 87.5% of your share of ad valorem General Information taxes paid or assessed on actual oil or gas production (not Colorado severance tax is imposed upon nonrenewable the 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 be included in the credit. Specific instructions for this oil and gas and carbon dioxide production. deduction are on the DR 0021D, Colorado Oil and Gas Who Must File Return DR 0021 and Carbon Dioxide Severance Tax Schedule. You should Anyone who receives taxable income from oil or gas verify that the withholding statements accurately report produced in Colorado. If you are a producer or own a the same information as shown on your division of interest working interest, or a royalty interest in any oil or gas statements and revenue checks. (including carbon dioxide) produced in Colorado, or if Important - Partners of a General Partnership you receive royalties on Colorado oil shale, you must pay Partners of a General Partnership should attach a copy severance tax to the State of Colorado. Severance tax of the partnership’s DR 0021W and a schedule detailing might be due even though you do not realize a net profit on their individual portion of gross income and taxes paid or your investment. withheld as reported on their individual returns. A limited partnership, LLC or S Corporation must file at the entity level. Partners, members, or shareholders do not file Filing Period a severance tax return to report oil and gas income received by The Colorado severance tax filing period should match the the pass-through entity. A General Partnership will not file at tax year/filing period used for federal income tax purposes. the entity level. Each partner, and not the general partnership, Filing Status is required to file a return. The Colorado filing status will generally match the filing Oil and gas production from “stripper wells” is exempt status from your federal income tax return. However, the from severance tax. This includes oil from a well that Colorado severance tax filing status will always be joint produces 15 barrels or less of crude oil per day or gas if you are married - regardless of whether you file jointly from a well that produces 90,000 cubic feet or less of gas or separately. Single or head of household filing statuses per day, for the average of all producing days during the should file a single status Colorado severance tax return. taxable year. Due Date You must complete and file the DR 0021, Colorado Oil Exception and Gas Severance Tax Return annually. The return (and It is not necessary to file a severance tax return if payment, if any) are due by the 15th day of the fourth you meet both of the following conditions: month after the close of your taxable year. Therefore, if 1. the total gross oil and gas withholding on form(s) your taxable year ends on December 31, your severance DR 21W for the calendar year is less than $250; tax return is due April 15 of the following year. The and envelope must be postmarked by the due date, or the next business day if the deadline falls on a Saturday, Sunday or 2. the producer has withheld sufficiently from holiday. royalty or production payments to cover the severance tax liability. Mail Colorado severance tax returns and tax payments to: Colorado Department of Revenue Severance Withholding Denver, CO 80261-0006 Producers or first purchasers who disburse funds must Filing Extension withhold 1% of the gross income for each interest owner. If you are unable to complete your severance tax return by This can include royalty, working interest or any other the due date and you estimate that you will owe severance interest owner. tax, you can request a six-month extension by filing the The producer or first purchaser is required to send the DR 0021S on page 11. If no balance of severance tax is DR 0021W, Oil and Gas Withholding Statement to interest due, an extension for filing is not required. owners by March 1 of each year. This form lists the gross The DR 0021S is an extension of time to file your return. It income and the amount of severance tax the producer is not an extension of time to pay severance tax. has withheld and paid to the state from your royalty or production payments. If you own an interest in more than A filing extension granted by the federal government will one well or field, you should receive a separate withholding not be honored for the Colorado severance tax return. statement from each producer or first purchaser. A copy Also, any extension to file Colorado income tax returns of each withholding statement must be attached to your does not apply to the Colorado severance tax return. severance tax return (DR 0021). Amended Returns The producer or first purchaser will also list your share of To change or correct a Colorado severance tax return, you “ad valorem” taxes, if any, on the withholding statement. must file a DR 0021X. This form is available for download Ad valorem taxes are paid by the producer to local from www.TaxColorado.com – the official Taxation Web governments (cities and counties). You are allowed a credit 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. • Use the correct tax year form when filing a Colorado Estimated Severance Tax Payments 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 voucher for these DR 0021 return. Both of these forms are in this booklet. tax payments is not required; the EFT transaction is the filing. Visit www.Colorado.gov/revenue/eft for more information on • Be sure to carry the correct totals from the DR 0021D how to register and file through EFT. schedule to the DR 0021 return. Individuals are not required to make estimated payments • Attach all DR 0021Ws (Oil and Gas Withholding for 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 individual DR 0021W statement and then add them. space above the tax year of the return, mark the deceased box for the appropriate person, and fill in the date of • Do not use a 1099-MISC withholding document for death. Write “Filing as surviving spouse” or “Filing as legal severance tax filing. 1099s are income tax withholding representative” after your signature, and attach the DR 0102 documents. They will not report severance tax (refunds only) and a copy of the death certificiate. 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 • Taxpayers are either on an accrual basis or a cash oil, gas or CO 2income from Colorado sources you must basis — not both. Most individuals are on a cash basis also complete and file a Colorado state income tax return. while most corporations are on an accrual basis. Visit www.TaxColorado.com to download Form 104, which can be filed electronically for free using Revenue Online. • If a return should be filed on behalf of an entity, such as partnership or limited liability company, do not try to file See the Form 104 for details. Do not claim severance tax as an individual. withholding as a tax credit on your Colorado income tax return. Corporations that expect their Colorado severance tax liability for a tax year to exceed their Colorado severance Failure To File tax credits by $5,000 or more are required to make If your severance tax account is open, or if you have estimated tax payments. severance income that is reported to the Colorado To avoid underestimation penalties, corporations must Department of Revenue and you do not file a return for the make severance tax estimated payments by the 15th day of tax period, the Department may file a return on your behalf. the month and payments must be submitted by EFT. See Exception on page 2. Any severance tax assessed will remain due and payable until you file your return or close For more information, please visit TaxColorado.com your account. If you are no longer doing business in the State of Colorado, you are required to close your account by filing a DR 1102, Account Change or Closure Form. |
Enlarge image | Page 4 DR 0021 Instructions Line 4 Severance Tax Withheld Enter the total amount shown on all of your oil and Who Must File gas withholding statements (DR 0021W) as Colorado Every individual, corporation, business trust, limited severance tax withheld. Add all amounts, then round to the partnership, LLC, partner in a general partnership, nearest dollar. Be sure to attach your DR 0021W forms association, estate, trust or any other legal entity that to your return; missing DR 0021Ws will delay your refund. received income from oil and gas produced in Colorado Do not claim credit for conservation tax or ad valorem must file a severance tax return. The return must be taxes on this line. made for the same tax year used for federal income tax Line 5 Estimated Tax and Extension Payments purposes and is due on or before the 15th day of the fourth Enter on the total amount of your estimated tax and month following the end of the taxable year. See General extension payments made for the taxable year. Information section for exception. If you are an oil and gas producer you must complete form DR 0021PD and retain Refund or Balance Due for your records. Line 7 Overpayment Controlled group: corporations, family group, Subtract line 3 from line 6 and enter the difference on line or other type of group 7. The Department will send you a refund check for this In the case of a controlled group of corporations as defined amount if your form is properly completed. in section 613A of the Internal Revenue Code where more Line 8 Refund than one member of the group is subject to the severance Enter the amount from line 7 that you wish to have tax, the tax must be jointly computed and the severance refunded. The Department can deposit your refund tax return must be jointly filed under the name of the directly in to your account at a U.S. bank or other financial principal taxpaying corporation. DR 0021AS, available at institution (such as a mutual fund, brokerage firm, or credit www.TaxColorado.com must be attached. union) in the United States. Joint Returns Line 9 Refund Applied to Future Period When more than one member of a family is subject to the Enter on line 9 the amount of overpayment, if any, you wish severance tax, they shall compute the severance tax on one credited to estimated severance tax payment for next year. combined return. Note: parties to a Civil Union should refer to federal tax law to determine the correct filing status. Line 10 Tax You Owe If line 3 is more than line 6, you have additional tax to pay. Social Security or Colorado Account Number Subtract line 6 from line 3 and enter the difference on Individuals must use a Social Security number as the line 10. This is the amount you owe. Attach to your return Colorado account number. Business entities must provide a check or money order in this amount payable to the the Colorado account number (CAN) and the Federal Colorado Department of Revenue. Be sure to write your Employer Identification Number (FEIN). Whether you are an Social Security number or Colorado account number individual or a business entity, once you have been assigned on your check or money order to ensure credit for a Colorado account number by the Colorado Department of your payment. Revenue, use the Colorado account number on all returns and correspondence submitted to the Department. For Line 11 Interest Privacy Act Notice, see www.TaxColorado.com If the return is filed after the due date, interest at the current statutory rate will accrue on any balance of tax due Tax and Credit until paid. The interest rate is 6% per year if we bill you and First, complete schedule DR 0021D to calculate your your payment is made more than 30 days after you receive severance tax. your bill. If you pay your tax with your return or within 30 days of receiving a bill, the interest rate is 3% per year. Line 1 Oil and Gas Severance Tax Enter the 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 A credit against the severance tax is allowed with respect due is $30 or 30% of the balance of tax due, whichever is to contributions to local government that are deemed to be greater. 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 Corporations that underpay the estimated tax must enter of the Department of Local Affairs. Enter your impact the penalty due from the DR 0206. assistance credit for the year on line 2. Line 3 Net Tax Be sure to sign your return! If filing a joint return, both Subtract line 2 from line 1, and enter the difference on line parties must sign. 3. If line 2 is larger than line 1, enter zero. To ensure proper processing, please include your account number on the return. |
Enlarge image | Departmental Use Only DR 0021 (06/18/14) COLORADO DEPARTMENT OF REVENUE Denver CO 80261-0006 www.TaxColorado.com (7001) Colorado *140021==19999* Severance Tax–Oil and Gas DR 0021 Fiscal 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 form when Round To The 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 • Routing Number Type: Checking Savings Direct Deposit Account Number |
Enlarge image | *140021==29999* 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 00 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 | Page 7 same way on the severance tax schedule (DR 0021D). Instructions For Preparing You should include only the income received in the tax Severance Tax Schedule DR 0021D period. If you use the accrual basis (this applies to most Use the DR 0021D to calculate the amount of Colorado corporations), you must report income from all production severance tax to enter on line 1 of the DR 0021. in the tax period whether you actually received the income or not, including deferred amounts if they are Based on your accounting method (cash or accrual reported on the federal income tax return. basis), use the amounts listed on the DR 0021W you received to complete DR 0021D. If you disagree with the Cash-Basis Taxpayers information provided by a producer/first purchaser, Report only ad valorem tax (on production) actually paid you must request a corrected DR 0021W prior to to the county assessor during the severance tax year. completing the DR 0021D. Round all amounts to whole Payments to operators of wells do not qualify, only actual dollars. payments to the assessor. If a payment is skipped during a tax year, (for example, delinquent) no claim for tax is Column allowed. Catch-up or double payments must all be claimed (A) Producer Name. Enter in column (A) the name of in the year paid and cannot be carried back or forward. the producer/first purchaser from each DR 0021W. All information entered on form DR 0021D must have a Accrual Basis Taxpayers form DR 0021W included with the return. Report only ad valorem tax (on production) levied, or assessed, within the severance tax year. In November (B) Gross Income. Enter in column (B) the gross income or December, depending upon the year, the Colorado as reported on DR 0021W. This is your share of counties set the mill levy for assessment of ad valorem tax the gross income received or accrued on oil or gas on the prior year’s oil and gas production. The ad valorem production. tax is not accruable until the amount is established on (C) Gross Income Attributable To Stripper Well that date. Production. Enter in column (C) the gross income Short Period Returns attributable to stripper well production as reported on Because severance tax requires filing periods consistent the DR 0021W. with federal income tax filing years, some companies may (D) Net Gross Income. Enter in column (D) the net have to file short period severance tax returns to match gross income by subtracting the stripper well gross their federal filings. The same ad valorem rules apply. If no income listed in column (C) from the gross income payment (cash -basis) or accrual date (accrual basis) falls listed in column (B). within the short tax period, no claim for ad valorem tax is (E) Ad Valorem Tax. Enter in column (E) the ad valorem allowed. (Also, if the levy or payment date does fall in the tax as reported on the DR 0021W. This is the amount short period, all the tax applies to only that short period.) paid or accrued to Colorado local governments in the taxable year on oil and gas production. Do not To expedite the processing of your severance tax include ad valorem tax on buildings, improvements, return, attach all documentation to support ad valorem or equipment. A percentage of ad valorem tax is taxes, gross income and severance tax withheld. allowed as a reduction to the severance tax. Mail your severance tax return and payment, if any, separately from your Colorado income tax return or any (F) Ad Valorem Tax Attributable To Stripper Well other tax return. 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 |
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Enlarge image | DR 0021D (06/18/14) COLORADO DEPARTMENT OF REVENUE *140021D=19999* Denver CO 80261-0006 www.TaxColorado.com Colorado Oil And Gas Severance Tax Schedule (Attach to Form 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 form 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 | DR 0021S (06/18/14) COLORADO DEPARTMENT OF REVENUE Denver CO 80261-0008 Extension Of Time For Filing Colorado www.TaxColorado.com 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 amount paid is insufficient to meet the 90% requirement, year. additional payment should be made as soon as possible An automatic six-month extension of time for filing the to reduce accumulation of penalty and interest. Make such Colorado severance tax return is allowed for all taxpayers. payment with the DR 0021S. However, an extension of time to file is not an extension Be sure to round your payment to the nearest dollar. The of time to pay the tax. If at least 90% of the net tax liability amount on the check and the amount entered on the is not paid by the original due date of the return, penalty payment voucher must be the same. This will help maintain and interest will be assessed. If 90% or more of the net tax accuracy in your tax account. liability is paid by the original due date of the return and the Submit the DR 0021S with payment to: balance is paid when the return is filed by the last day of the Colorado Department of Revenue extension period, only interest will be assessed. Denver, CO 80261-0008 Use the DR 0021S to make a payment that must be made 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. DETACH FORM ON THIS LINE Photocopy for your records. Cut here and send only the coupon below. Help us save time and your tax dollars. DR 0021S (06/18/14) (7040)COLORADO DEPARTMENT OF REVENUE Extension Payment Voucher for Colorado www.TaxColorado.com Oil and Gas Severance Tax Return Return this voucher 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 voucher. 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. The State may convert your check to a one time electronic banking transaction. Your bank account may be debited as early as Amount Owed 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. *140021S=19999* (Do not write in space below) $ .00 |
Enlarge image | COLORADO DEPARTMENT OF REVENUE Denver, CO 80261-0006 www.TaxColorado.com Secure Messaging Contact Department of Revenue support staff electronically through Revenue Online. This service is secure and confidential. Visit www.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 www.TaxColorado.com 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 |