University of Colorado Denver Sales Tax Procedure The purpose of this procedure is to ensure that University of Colorado Denver complies with sales tax regulations for the State of Colorado, County and City of the location of sales, and Special District as appropriate. I. What is a Sales Tax? Colorado’s sales tax is a transactional tax charged when a buyer purchases tangible personal property or benefits from certain taxable services in Colorado. Colorado imposes a sales tax of 2.9% on retail sales transactions of 17 cents or more. Colorado State’s sales taxes are levied upon the transaction itself which apply to both profitable transactions and transactions that do not generate profits. The sales tax is charged on the sales price. A. Tangible personal property- is personal property that can be felt or touched. Examples include food and beverages, publications, t-shirts and other clothing, mugs, pens, books and souvenirs, etc. Intangible personal property is not subject to tax. Examples of intangible personal property include contracts, common currency, gift certificates, tickets, commercial paper, patents, copyrights, etc. B. Taxable services- Normally taxable services include rooms and accommodations, catering, commercial gas and electrical service, steam, telephone and telegraph service, transportation charges. II. Should the University Pay Sales Tax When Making Purchases? No. The University of Colorado, as a public institution of higher education of the State of Colorado is exempt from all federal excise taxes under Chapter 32 and 33 of the Internal Revenue Code and from all Colorado State and local government sales taxes. The University’s tax exempt status applies only to purchases made for the exclusive use of the University and using a University purchase order or University procurement card. A purchase by a University employee who is making the purchase with personal funds — even if the employee presents a tax-exemption number and plans to be reimbursed — is not tax-exempt. Tax exempt certificates for CU campuses are available at https://www.cu.edu/psc/purchasing/vendor/exemption.html . 1 III. Determining When to Charge Sales Tax When the University sells tangible personal property or products or perform taxable services (please see Section I.B of this procedure) to a non-exempt end user, the University must collect sales tax. A. The University shouldn’t charge sales tax under the circumstance where a purchaser presents a Colorado tax exemption number and/or tax-exempt certificate for in state exempt purchases. Because not all states issue tax exemption numbers, you may request the purchaser to sign a verification affidavit or a statement and record additional information for sales to Out-of-State tax-exempt organizations. The department must keep a copy of the tax-exempt certificate, record the tax exemption number, date of sale, goods purchased, and name of the organization to demonstrate the purchaser’s tax exemption for each sale. Please keep this record on file permanently for audit purposes. B. Leases/rentals are also subject to sales tax such as computer leases to students, caps and gowns rented for commencement. C. With the exception of taxable services detailed in Section I.B of this procedure, Colorado does not generally impose sales tax on pure services. If a sale involves both goods and services, such as auto repair services which involve charges for parts (tangible personal property) and labor (services), services must be itemized separately on the services provider’s bill to have exempt status. Failure to do this can cause the entire amount of the sale subject to sales tax. If itemized, the parts are taxable but the service is not. IV. Special Consideration: Food and Beverage Sale A. Non-Taxable Food and Beverage Sale “Food” means food for domestic home consumption 1. Food items and canned drinks sold from vending machine are nontaxable. (Please see Section IV.B.1 of this procedure for exception) 2. Meals provided at no cost or reduced cost to employees, if the meal is considered part of the employee’s income, are nontaxable. B. Taxable Food and Beverage Sale 1. Taxable Food and Beverage Sold from Vending Machine The following items are not considered to be food when sold in a vending machine and would therefore be taxable: Carbonated water marketed in containers Chewing gum Prepared salads Packaged and unpackaged cold sandwiches 2 Hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin operated food and snack devices 2. Prepared Food and Beverage for Immediate Consumption Prepared food and beverage for immediate consumption are always taxable. Examples include: All food furnished or served for consumption at tables, chairs, or counters, or from trays, glasses, dishes, or other tableware provided by the retailer. All hot food and food marketed to be heated on the premises. Food and beverage served or furnished in or by restaurants, cafés, lunch counters, hotels, snack bars, caterers, carryout shops, pushcarts, motor vehicles, and other like places of business at which prepared food is regularly sold. Food and beverage sold in gift shops, offices or other commercial buildings, recreation facilities etc. 3. Fund-Raising Meals Fund-raising meals priced in excess of the regular selling price are subject to tax on the regular selling price. V. Determining How Much Sales Tax to Charge Sales tax= sales price times sales tax rate The sales tax rate used to calculate the sales tax depends upon the following factors: The type of product being sold and When the sale took place and Where the sale took place, i.e., where the customer took possession of the product. A. Product and Tax Rate Exhibit 1, on the next page, lists items frequently sold on campus, and identifies which sales tax rate to apply. 3 Note: This is not an all-inclusive list of items to be taxed. It is a representative sample. Contact your area accountant for questions. Exhibit 1 Identifying the Appropriate Sales Tax Rate to Apply Example Taxable item (Listed in Alphabetical Order) Artwork Audio Tapes Books Calculators CDs Class Notes Computers Computer Printouts Containers (Tanks) Craft Items DVDs Food Service Equipment Greeting Cards Jewelry Map Mugs Musical Instruments Office Supplies and Equipment Plants Photocopies Photographs Postcards Posters Prepared Food and Beverage Sales from Carry-out Shops Concession Stands Café Gift Shops Offices Pushcarts Restaurants Snack Shops Publications Stationery Souvenirs T-Shirts and Other Clothing Videos Use General Sales Tax Rate Use Food & Beverage Sales Tax Rate X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 4 B. Current Sales Tax Rate Searched by Address Sales tax rates are subject to change during both January and July of each year. Current sales tax rate for Downtown Denver Campus is 7.72% Current sales tax rate for Anschutz Medical Campus is 8.60 % Current sales tax rate for off-campus locations, please go to website below: http://taxco.g1.com/CentrusRegistration/RegPanels.aspx?Redirect=CentrusDemo. It is the site that allows you to determine local tax jurisdictions and tax rates based on address inputs. It is free at no charge to Colorado businesses. C. Sales Tax Calculator Website You can use the website below to calculate sales tax. http://www.businesstax.state.co.us/calculator/ Enter the tax rate and press the "Calculate" button. This will calculate sales taxes on sales from .01 to 100 dollars for the rate entered. VI. Operational Aspects of Sales Tax A. Displaying the Sales Tax License The University of Colorado Denver has current standard State of Colorado sales tax license and City and County of Denver sales tax license. Current sales tax license is required to be posted in a conspicuous place in the sales location. Copies of these licenses are available from the Finance Office by email at wei.wan@uchsc.edu by phone at 303-315-2266. B. Displaying Sales Tax Charged In order to have good records of the amount of sales tax collected for each sale, we recommend that sales tax charged should be displayed as a separate line item on the receipt given to a buyer at the time of each sale. In circumstances where sales tax can’t be displayed separately on the receipt or no receipt is available to the buyer at the time of sale, you may impute sales tax but should let the buyer know the sales tax rate and the fact that the sales price includes sales tax. C. Fundraising Special Events Sales Tax For fundraising special events sale, please contact Special Event Compliance Coordinator Karen Ichiba by phone at 303-315-2084 or by email at karen.ichiba@cusys.edu for policy and procedure. D. Recording Sales Tax to Account Code 100400 Sales Tax Payable Except for fundraising special event sale, please record sales tax payable in the same speed-type where sales revenue sits. 1. Recording Sales Tax by Cash Receipt When the cash receipt is prepared to record the sales revenue and sales tax, the sales tax liability is listed on a line separate from the revenue. Exhibit 2, on the next page, provides an example of how to record revenue and sales tax liability on a cash receipt form. 5 Note: A copy of each cash receipt on which revenue and sales tax liability are recorded must be kept on file by the department. The department is responsible for producing the necessary documentation in the event of an audit. Exhibit 2 Recording Revenue and Sales Tax Liability on a Cash Receipt University of Colorado Denver CASH RECEIPT DATE CASH RECEIPT No. Enter the date, cash receipt no., and your department information in this section. DEPARTMENT NAME PREPARED BY AUTHORIZED SIGNATURE DEPARTMENTAL ADDRESS/CAMPUS BOX Revenue Line ** Revenue account range is 200000379999. Please click the following link for reference. http://www.uc dhsc.edu/admi n/finance/docu ments/Aux_R ev_021903_C hart.xls Sales Tax Liability Line PHONE (#) INDICATES NUMBER OF CHARACTER SPACES (10) (6) (5) (10) (5) (5) (4) (15) Speed Type Account Fund Org Program SubClass Budget Year Project/Grant 62914567 Revenue ** 29 (30) 20851 45892 (6) Description 2008 ( 16 ) (1) Reference Amount T-Shirts Sales Revenue D/C $200.00 Speed Type Account Fund Org Program 62914567 100400 29 20851 45892 Description SubClass Budget Year C Project/Grant 2008 Reference T-Shirts Sales Tax Liability D/C $15.44 Cash Checks Credit Cards $215.44 C TOTAL THIS PAGE $215.44 TOTAL FROM ATTACHMENT Wire - Other CASH RECEIPT TOTAL Total $215.44 $215.44 TOTAL MUST MATCH CASH RECEIPT TOTAL 6 2. Imputing Sales Tax Some departments prefer impute sales tax instead of booking it directly at the time of sale. Total sales are recorded into revenue account. At a later date, a journal entry is prepared to move sales tax payable from the revenue account to account code 100400 sales tax payable. This method is not recommended. The journal entry and supporting documentation must be sent to the Finance Office for approval by journal entry deadline of the month that sales event ends. If you have a permanent location where sales are conducted continuously, the journal entry and supporting documentation must be sent to the Finance Office for approval by journal entry deadline of every month. a. Determine the current sales tax rate. Please see Section V.B of this procedure to determine the current sales tax rate. b. Calculate sales tax payable. Step1. Step2. c. Take Divide By To Get Total Sales 1+Current Sales Tax Rate (for example 1+.0772=1.0772) Taxable Base Take Minus To Get Total Sales Taxable Base (from Step 1) Sales Tax Payable Record the total sales, including sales tax, in your speed-type using a revenue account. Use the normal cash receipt process through the Bursar Office. d. Create a journal entry to record the sales tax payable. Debit Credit the speed-type revenue account code used in step #3, above. the same speed-type where revenue sits account code 100400. Note: A copy of each cash receipt on which revenue is recorded and a copy of the journal entry for recording sales tax liability must be kept on file by the department. The department is responsible for producing the necessary documentation in the event of an audit. VII. Questions: Please contact Diane Roche at Finance Office for any sales tax questions. Diane can be reached by phone at 303-315-2254 or by email at diane.roche@ucdenver.edu. 7