2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › SPECIFIC TAXES (§§ 39-20-101 — 39-37-301) › INCOME TAX (§§ 39-22-101 — 39-22-5508) › Article 22 - Income Tax (§§ 39-22-101 — 39-22-5508) › Part 47 - FIRST-TIME HOME BUYER SAVINGS ACCOUNT (§§ 39-22-4701 — 39-22-4708) › Section 39-22-4704 - [Effective 8/7/2024] First-time home buyer savings account - repeal

(1)
Beginning January 1, 2017, and prior to January 1, 2025, any individual may open an account with a financial institution and designate the account, in its entirety, as a first-time home buyer savings account to be used to pay or reimburse a qualified beneficiary's eligible expenses for the purchase of a primary residence in Colorado. An individual may be the account holder of multiple accounts, and an individual may jointly own the account with another person if they file a joint income tax return. To be eligible for the subtraction under section
39-22-104 (4)(w)(I)
, an account holder must comply with the requirements of this section.
(2)
An account holder must designate, no later than April 15 of the year following the taxable year during which the account is established, a first-time home buyer as the qualified beneficiary of the first-time home buyer savings account. The account holder may designate himself or herself as the qualified beneficiary. The account holder may change the designated qualified beneficiary at any time, but there may not be more than one qualified beneficiary at any time. An account holder cannot have multiple accounts with the same qualified beneficiary, but an individual may be designated as the qualified beneficiary of multiple accounts.
(3)
(a)
The following limits apply to a first-time home buyer savings account:
(I)
The maximum contribution to a first-time home buyer savings account for a taxable year is fourteen thousand dollars for an individual and twenty-eight thousand dollars for account holders who file a joint return;
(II)
The maximum amount of all contributions for all taxable years to a first-time home buyer savings account is fifty thousand dollars; and
(III)
The maximum total amount in an account is one hundred fifty thousand dollars.
(b)
If a limit in paragraph (a) of this subsection (3) is exceeded, then thereafter no interest or other income earned on the investment of money in a first-time home buyer savings account may be subtracted from taxable income under section
39-22-104 (4)(w)(I)
.
(c)
Money may remain in a first-time home buyer savings account for unlimited duration without the interest or income being subject to recapture or penalty.
(4)
The account holder shall not use money in an account to pay expenses of administering the account; except that a service fee may be deducted from the account by a financial institution. The account holder is responsible for maintaining documentation for the first-time home buyer savings account and for eligible expenses related to the qualified beneficiary's purchase of his or her primary residence.
Amended by 2024 Ch. 373,§ 24, eff. 8/7/2024.
L. 2016: Entire part added, (HB 16-1467), ch. 321, p. 1303, § 2, effective August 10.
2024 Ch. 373, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.