(1) If any vendor, during any reporting period, collects as a tax an amount in excess of the tax imposed by section 39-26-106 (1), such vendor shall remit to the executive director of the department of revenue the full net amount of the tax imposed in this part 1 and also such excess. The retention by the retailer or vendor of any excess of tax collections over the said percentage of the total taxable sales of such retailer or vendor, or the intentional failure to remit punctually to the executive director the full amount required to be remitted by the provisions of this part 1 is declared to be unlawful and constitutes a misdemeanor.(2)(a) The requirements and penalty in this section do not apply to a qualifying retailer retaining state sales tax as allowed in section 39-26-105 (1.3).(b) This subsection (2) is repealed, effective December 31, 2026.Amended by 2024 Ch. 170,§ 15, eff. 5/14/2024.Amended by 2020EX1 Ch. 3, § 3, eff. 12/7/2020.L. 35: p. 1009, § 5. CSA: C. 144, § 13. L. 37: p. 1085, § 1. L. 45: p. 580, § 4. CRS 53: § 138-6-12. C.R.S. 1963: § 138-5-12. L. 65: p. 1124, § 4. L. 2001: Entire section amended, p. 1281, § 58, effective June 5.

9, § 5. CSA: C. 144, § 13. L. 37: p. 1085, § 1. L. 45: p. 580, § 4. CRS 53: § 138-6-12. C.R.S. 1963: § 138-5-12. L. 65: p. 1124, § 4. L. 2001: Entire section amended, p. 1281, § 58, effective June 5. For the legislative declaration in HB 20B-1004, see section 1 of chapter 3, Session Laws of Colorado 2020, First Extraordinary Session.