0 chapters · 682 sections in this title.
Colo. Rev. Stat. § 39-22-101 Short title
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This article shall be known and may be cited as the Colorado Income Tax Act of 1987. Source: L. 87: Entire part R&RE, p. 1426, � 2, effective June 22. Editor's note: This section is similar to former � 39-22-101 as it existed prior to 1987.
Colo. Rev. Stat. § 39-22-102 Legislative declaration
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(1) The general assembly hereby finds, determines, and declares that the purposes of the Colorado Income Tax Act of 1987 include, but are not limited to: (a) Simplifying the preparation of state income tax returns; (b) Aiding in the interpretation of the state income tax law thro…
Colo. Rev. Stat. § 39-22-103 Definitions - construction of terms
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As used in this article, unless the context otherwise requires: (1) Assessment means the filing of the return as to the tax, penalty, and interest shown to be due thereon and, as to any other tax imposed under this article, or any deficiency in tax, or any penalty or interest, me…
Colo. Rev. Stat. § 39-22-104.5 Pretax payments - catastrophic health insurance - repeal
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(1) For income tax years commencing on or after January 1, 1995, and prior to January 1, 2025, amounts withheld from an individual's wages that are used to pay for catastrophic health insurance pursuant to and within the limitations prescribed by section 10-16-116, are excluded f…
Colo. Rev. Stat. § 39-22-104.6 Pretax payments - medical savings accounts - repeal
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(1) Prior to January 1, 2025, to the extent a taxpayer is not otherwise claiming deductions on federal income tax returns for contributions to medical savings accounts, amounts withheld from an individual's wages which are contributed to such individual's medical savings account,…
Colo. Rev. Stat. § 39-22-105 Alternative minimum tax
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(1) With respect to each taxable year commencing on or after January 1, 1987, but prior to January 1, 2000, for every individual, estate, and trust, in addition to the tax imposed in section 39-22-104, a tax is imposed in an amount equal to the excess of: (a) Three and seventy-fi…
Colo. Rev. Stat. § 39-22-106 Colorado personal exemptions of a resident individual
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A resident individual shall be entitled to a Colorado exemption of zero dollars. Source: L. 87: Entire part R&RE, p. 1430, � 2, effective June 22. Editor's note: This section is similar to former � 39-22-114 as it existed prior to 1987.
Colo. Rev. Stat. § 39-22-107 Income tax filing status
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(1) If the federal taxable income of two taxpayers may legally be determined on a joint federal return but actually is determined on separate federal returns, such income for purposes of the Colorado income tax shall be separately determined. (2) If the federal taxable income of …
Colo. Rev. Stat. § 39-22-107.5 Income tax filing status - innocent spouse relief
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In any case in which a taxpayer has been granted relief under section 6015 of the internal revenue code, such taxpayer shall also be granted comparable relief from joint and several liability for the tax imposed under this article and any interest, penalties, and other amounts re…
Colo. Rev. Stat. § 39-22-108 Credit for tax paid other states
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(1) With respect to all taxable years commencing on or after January 1, 1987, the amount of taxes on federal taxable income accrued to another state, the District of Columbia, or a territory or possession of the United States, on income derived by a resident individual, estate, o…
Colo. Rev. Stat. § 39-22-108.5 Dual resident trusts - income tax calculation
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(1) With respect to a trust that is a resident of another state and becomes a resident of Colorado after May 25, 2006, and that is subject to income taxes in the other state and in Colorado by virtue of the trust's dual residence, the executive director shall, in lieu of the cred…
Colo. Rev. Stat. § 39-22-110 Apportionment of tax in the case of a part-year resident
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(1) In the case of an individual who is a resident of Colorado for part of his taxable year, the tax imposed by section 39-22-104 shall be apportioned in the ratio of that part of his federal adjusted gross income which relates to the period of the year he was a Colorado resident…
Colo. Rev. Stat. § 39-22-110.5 Reacquisition of residency during active duty military service
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(1) An individual in active duty military service whose home of record is Colorado and whose state of legal residence commencing on or after January 1, 2016, is a state other than Colorado may reacquire legal residence in the state, regardless of whether the individual has a phys…
Colo. Rev. Stat. § 39-22-111 Accounting periods and methods
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(1) The taxpayer's taxable year under this article shall be the same as his taxable year for federal income tax purposes. (2) If a taxpayer's taxable year is changed for federal income tax purposes, his taxable year for purposes of this article shall be similarly changed. (3) The…
Colo. Rev. Stat. § 39-22-112 Persons and organizations exempt from tax under this article
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(1) A person or organization exempt from federal income taxation under the provisions of the internal revenue code shall also be exempt from the tax imposed by this article 22 in each year in which such person or organization satisfies the requirements of the internal revenue cod…
Colo. Rev. Stat. § 39-22-114 Residential energy credit. (Repealed)
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Source: L. 87: Entire part R&RE, p. 1434, � 2, effective June 22. L. 2002: (5)(c) amended, p. 1557, � 349, effective October 1. L. 2004: Entire section repealed, p. 208, � 33, effective August 4. Editor's note: Before its repeal, this section was similar to former � 39-22-127 as …
Colo. Rev. Stat. § 39-22-116 Tax tables for individuals
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(1) In lieu of the tax imposed by section 39-22-104, there is hereby imposed for each taxable year on the federal taxable income of every individual for Colorado income tax purposes who does not itemize his deductions for the taxable year and whose federal taxable income for Colo…
Colo. Rev. Stat. § 39-22-117 Uninsurable health plan charge - repeal. (Repealed)
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Source: L. 90: Entire section added, p. 640, � 2, effective July 1; (3) added by revision, p. 641, � 5. Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 1993. (See L. 90, p. 641.) 39-22-118. Grants for members of United States armed service…
Colo. Rev. Stat. § 39-22-120.5 Unrefunded excess revenues. (Repealed)
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Source: L. 99: Entire section added, p. 1365, � 2, effective June 3. L. 2005: Entire section repealed, p. 133, � 4, effective April 5. 39-22-121. Credit for child care facilities - legislative declaration - definitions - repeal. (1) Repealed. (1.5) For income tax years commencing…
Colo. Rev. Stat. § 39-22-122 Long-term care insurance credit
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(1) Any resident individual who incurs an expense in purchasing or making a payment upon a policy of long-term care insurance for the individual or the individual's spouse shall be allowed a credit against the income taxes due on the individual's income under this article. The cr…
Colo. Rev. Stat. § 39-22-123.5 Earned income tax credit - legislative declaration - repeal
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(1) The general assembly hereby finds and declares that: (a) The federal earned income tax credit is a refundable tax credit for low- and middle-income working individuals and families whose earnings are below an income threshold; (b) The amount of the credit increases with incom…
Colo. Rev. Stat. § 39-22-129 Child tax credit - legislative declaration - definitions - repeal
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(1) (a) The general assembly hereby finds and declares that: (I) The federal child tax credit, which includes the refundable portion of the credit commonly known as the additional child tax credit, supports low- and middle-income working families whose earnings are below an incom…
Colo. Rev. Stat. § 39-22-1301 Voluntary contribution designation - procedure
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For income tax years commencing on or after January 1, 1989, each Colorado state individual income tax return form shall contain a line whereby each individual taxpayer may designate the amount of the contribution, if any, he wishes to make to the homeless prevention activities p…
Colo. Rev. Stat. § 39-22-1303 Repeal of part. (Repealed)
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Source: L. 89: Entire part added, p. 1229, � 2, effective July 1. L. 91: Entire section amended, p. 1948, � 7, effective April 17. L. 94: Entire section repealed, p. 727, � 3, effective April 19.
Colo. Rev. Stat. § 39-22-1403 Late filing of income tax returns. (Repealed)
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Source: L. 91: Entire part added, p. 2001, � 4, effective May 1. L. 2004: Entire section repealed, p. 218, � 42, effective August 4.
Colo. Rev. Stat. § 39-22-1801 Legislative declaration
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The general assembly hereby finds, determines, and declares that Special Olympics Colorado provides children and adults with developmental disabilities with a unique opportunity to build confidence and social skills through athletic competition. The general assembly recognizes th…
Colo. Rev. Stat. § 39-22-1804 Repeal of part
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This part 18 is repealed, effective January 1 of the income tax year following the year in which the executive director files written certification with the revisor of statutes that the Special Olympics Colorado fund voluntary contribution will no longer appear on the individual …
Colo. Rev. Stat. § 39-22-1901 Legislative declaration
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The general assembly hereby finds and declares that there is no veterans' cemetery to serve the military veterans who reside on the western slope of Colorado. The general assembly believes that the state owes a duty to all of its military veterans to assist in providing adequate …
Colo. Rev. Stat. § 39-22-1902 Voluntary contribution designation - procedure
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For income tax years commencing on or after January 1, 2001, each Colorado state individual income tax return form shall contain a line whereby each individual taxpayer may designate the amount of the contribution, if any, such individual wishes to make to the western slope milit…
Colo. Rev. Stat. § 39-22-1903 Contributions credited to the fund - appropriation
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The department of revenue shall determine annually the total amount designated pursuant to section 39-22-1902 and shall report such amount to the state treasurer. The state treasurer shall credit such amount to the western slope military veterans' cemetery fund created in section…
Colo. Rev. Stat. § 39-22-1904 Repeal of part. (Repealed)
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Source: L. 99: Entire part added, p. 781, � 1, effective May 21. L. 2001: Entire section amended, p. 1150, � 4, effective June 5. L. 2003: (3) amended, p. 2063, � 3, effective May 22. L. 2004: Entire section repealed, p. 1210, � 95, effective August 4.
Colo. Rev. Stat. § 39-22-201 Partners, not partnership, subject to tax
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A partnership as such shall not be subject to tax under this article. Persons carrying on business as partners shall be liable for the tax and the alternative minimum tax under this article only in their separate or individual capacities. Source: L. 64: R&RE, p. 766, � 1. C.R.S. …
Colo. Rev. Stat. § 39-22-202 Resident partners - definition
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(1) In determining the federal taxable income of a resident partner for Colorado income tax purposes, any modification described in section 39-22-104 which relates to an item of partnership income, gain, loss, or deduction shall be made in accordance with the partner's distributi…
Colo. Rev. Stat. § 39-22-202.5 Resident members. (Repealed)
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Source: L. 90: Entire section added, p. 453, � 34, effective April 18. L. 95: Entire section repealed, p. 817, � 42, effective May 24.
Colo. Rev. Stat. § 39-22-203 Nonresident partners
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(1) (a) In determining Colorado nonresident federal taxable income of a nonresident partner of any partnership, there shall be included only the portion of such partner's distributive share of items of partnership income, gain, loss, deduction, or credit derived from sources with…
Colo. Rev. Stat. § 39-22-203.5 Nonresident members. (Repealed)
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Source: L. 90: Entire section added, p. 454, � 34, effective April 18. L. 93: (1) amended, p. 1319, � 2, effective June 6. L. 95: Entire section repealed, p. 818, � 46, effective May 24.
Colo. Rev. Stat. § 39-22-204 Accounting periods and methods
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The provisions of section 39-22-111 shall apply to partnerships to the extent not inconsistent with sections 39-22-201 to 39-22-203. Source: L. 64: R&RE, p. 768, � 1. C.R.S. 1963: � 138-1-28. L. 87: Entire section amended, p. 1438, � 6, effective June 22. 39-22-204.5. Accounting …
Colo. Rev. Stat. § 39-22-205 Limited liability company members. (Repealed)
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Source: L. 90: Entire section added, p. 455, � 34, effective April 18. L. 95: Entire section repealed, p. 817, � 44, effective May 24.
Colo. Rev. Stat. § 39-22-206 Foreign source income of export taxpayers
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If a partnership qualifies as an export taxpayer, its partners may exclude from gross income for Colorado income tax purposes such partners' distributive share of any such partnership income or gain which constitutes foreign source income for federal income tax purposes. For the …
Colo. Rev. Stat. § 39-22-2101 Definitions
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As used in this part 21, unless the context otherwise requires: (1) Allocation certificate means a statement issued by the authority certifying that a given development qualifies for the credit and specifying the amount of the credit allowed. (2) Authority means the Colorado hous…
Colo. Rev. Stat. § 39-22-2103 Recapture
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(1) As of the last day of any taxable year during the compliance period, if the amount of the qualified basis of a qualified development with respect to a taxpayer is less than the amount of the qualified basis as of the last day of the prior taxable year, then the amount of the …
Colo. Rev. Stat. § 39-22-2104 Filing requirements
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An owner of a qualified development to which a credit has been allocated and each qualified taxpayer to which such owner has allocated a portion of said credit, if any, shall file with their state income tax return a copy of the allocation certificate issued by the authority with…
Colo. Rev. Stat. § 39-22-2105 Parallel credits - insurance premium taxes
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(1) Any taxpayer who is subject to the tax on insurance premiums established by sections 10-3-209, 10-5-111, and 10-6-128 and who is therefore exempt from the payment of income tax and who is otherwise eligible to claim a credit pursuant to this part 21 may claim such credit and …
Colo. Rev. Stat. § 39-22-2106 Rules
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The authority and the executive director of the department, in consultation with each other, shall promulgate rules necessary for their respective administration of this part 21. Rules of the executive director of the department shall be promulgated in accordance with article 4 o…
Colo. Rev. Stat. § 39-22-2107 Compliance monitoring
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The authority, in consultation with the department, shall monitor and oversee compliance with the provisions of this part 21 and shall report specific occurrences of noncompliance to the department. Source: L. 2000: Entire part added, p. 879, � 1, effective August 2.
Colo. Rev. Stat. § 39-22-2108 Report to the general assembly
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(1) For each allocation year, the authority shall, by December 31 of that year, provide a written report to the general assembly and shall further make the report available to the public. With respect to allocated state affordable housing tax credits under section 39-22-2102, the…
Colo. Rev. Stat. § 39-22-2201 Voluntary contribution designation - procedure
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For income tax years commencing on or after January 1, 2010, the Colorado state individual income tax return form must contain a line whereby each individual taxpayer may designate the amount of the contribution, if any, the taxpayer wishes to make to the pet overpopulation fund …
Colo. Rev. Stat. § 39-22-2202 Contributions credited to the fund - administration - transfer
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The department of revenue shall determine annually the total amount designated pursuant to section 39-22-2201 and shall report the amount to the state treasurer, who shall credit such amount to the pet overpopulation fund created in section 35-80-116.5 (5), C.R.S. The general ass…
Colo. Rev. Stat. § 39-22-2203 Repeal of part
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This part 22 is repealed, effective January 1 of the income tax year following the year in which the executive director files written certification with the revisor of statutes that the pet overpopulation fund voluntary contribution will no longer appear on the individual income …
Colo. Rev. Stat. § 39-22-2401 Legislative declaration
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The general assembly hereby finds and declares that the natural heritage and quality of life in Colorado are of fundamental importance to the citizens of the state, and the protection of this natural heritage and quality of life are essential to sustainable economic development i…