- (1) For each reportable or listed transaction, a material advisor shall maintain a list of the persons to which the material advisor provides material aid, assistance, or advice with respect to organizing, managing, promoting, selling, implementing, insuring, or carrying out a reportable or listed transaction.
(2) The list required by subsection (1) of this section shall include:
- (a) The name of each person described in subsection (1) of this section that is doing business in this state, a member of a Colorado combined group, or a member of an affiliated group as defined in section 1504 of the internal revenue code that includes a taxpayer doing business in this state;
- (b) The same information required to be contained in the list described in 26 CFR 301.6112-1; and
- (c) Any additional information required by the department by rules promulgated in accordance with section 39-21-112 (1).
- (3) The list required by subsection (1) of this section shall be maintained in the same form and manner as the list described in 26 CFR 301.6112-1.
(4) A material advisor required to maintain a list under subsection (1) of this section shall:
- (a) Make the list available to the department upon written request by the department; and
- (b) Retain the information that is required to be included on the list for seven years from the date that the information is included.
- (5) The department shall promulgate rules in accordance with section 39-21-112 (1) establishing procedures to implement this section.
Source: L. 2009: Entire section added, (HB 09-1093), ch. 75, p. 274, § 4, effective April 2.