reglab/statecodes huggingface dataset:
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 2 - S CORPORATIONS (§§ 39-22-320 — 39-22-330) › Section 39-22-321 - Definitions

For the purposes of this subpart 2, unless the context otherwise requires:
(1)
"Income attributable to the state" means items of income, loss, deduction, or credit of the S corporation apportioned or allocated to this state pursuant to section
39-22-303.5
,
39-22-303.6
, or
39-22-303.7
.
(2)
"Income not attributable to the state" means all items of income, loss, deduction, or credit of the S corporation other than income attributable to the state.
(3)
"Post-termination transition period" means that period defined in section 1377 (b)(1) of the internal revenue code.
(4)
"Pro rata share" means the portion of any item attributable to an S corporation shareholder for a taxable period determined in the manner provided in, and subject to any election made under, section 1377 (a) or 1362 (e), as the case may be, of the internal revenue code.
(5)
"Taxable period" means any taxable year or portion of a taxable year during which a corporation is an S corporation.
Amended by 2019 Ch. 390, § 54, eff. 8/2/2019.
L. 92: Entire section added, p. 2260, § 1, effective April 16. L. 2008: (1) amended, p. 966, § 9, effective 1/1/2009. L. 2019: (1) amended, (SB 19-241), ch. 390, p. 3477, § 54, effective August 2.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 2 - S CORPORATIONS (§§ 39-22-320 — 39-22-330) › Section 39-22-322 - Taxation of an S corporation and its shareholders

(1)
An S corporation shall not be subject to the tax imposed by this article.
(2)
For the purposes of section
39-22-104
, each shareholder's pro rata share of the S corporation's income attributable to the state and each resident shareholder's pro rata share of the S corporation's income not attributable to the state, all as modified pursuant to section
39-22-323
, shall be taken into account by the shareholder in the manner provided in section 1366 of the internal revenue code.
(3)
For the purposes of determining the amounts taken into account by the shareholders of an S corporation pursuant to subsection (2) of this section, the amount of any tax imposed on the S corporation under the internal revenue code shall proportionately reduce the S corporation's income attributable to the state and income not attributable to the state.
Amended by 2018 Ch. 274,§ 80, eff. 5/29/2018.
L. 92: Entire section added, p. 2261, § 1, effective April 16. L. 2018: (2) amended, (HB 18-1375), ch. 274, p. 1722, § 80, effective May 29.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 2 - S CORPORATIONS (§§ 39-22-320 — 39-22-330) › Section 39-22-323 - Modification and characterization of income

(1)
An S corporation's income attributable to the state shall, for the purposes of section
39-22-322
, be subject to the modifications provided in section
39-22-304
.
(2)
Each resident shareholder's pro rata share of the S corporation's income not attributable to the state shall, for the purposes of section
39-22-322(2)
, be subject to the modifications provided in section
39-22-104
.
(3)
The character of any S corporation item taken into account by a shareholder of an S corporation pursuant to section
39-22-322(2)
shall be determined as if such item were received or incurred by the S corporation and not its shareholder.
L. 92: Entire section added, p. 2261, § 1, effective April 16.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 2 - S CORPORATIONS (§§ 39-22-320 — 39-22-330) › Section 39-22-324 - Basis and adjustments

The basis in the hands of a shareholder of an S corporation in the stock of the S corporation and any indebtedness of the S corporation to the shareholder shall be determined in the manner provided under the internal revenue code.
L. 92: Entire section added, p. 2261, § 1, effective April 16.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 2 - S CORPORATIONS (§§ 39-22-320 — 39-22-330) › Section 39-22-325 - Carryforwards and carrybacks - loss limitation

(1)
Carryforwards and carrybacks to and from taxable periods of an S corporation shall be restricted in the manner provided in section 1371 (b) of the internal revenue code.
(2)
The aggregate amount of losses or deductions of an S corporation taken into account by a shareholder of the S corporation for a taxable period pursuant to section
39-22-323(2)
shall not exceed such shareholder's combined adjusted basis, as determined pursuant to section
39-22-324
, in the stock of the S corporation and any indebtedness of the S corporation to such shareholder.
(3)
Any loss or deduction of an S corporation which is disallowed for a taxable period pursuant to subsection (2) of this section shall be treated as incurred by the corporation in the succeeding taxable period with respect to that shareholder.
(4)
(a)
Any loss or deduction of an S corporation which is disallowed pursuant to subsection (2) of this section for the corporation's last taxable period as an S corporation shall be treated as incurred by a shareholder on the last day of any post-termination transition period.
(b)
The aggregate amount of losses and deductions taken into account by a shareholder pursuant to paragraph (a) of this subsection (4) shall not exceed such shareholder's adjusted basis in the stock of the corporation, as such adjusted basis is determined pursuant to section
39-22-324
at the close of the last day of any post-termination transition period and without regard to this subsection (4).
L. 92: Entire section added, p. 2261, § 1, effective April 16.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 2 - S CORPORATIONS (§§ 39-22-320 — 39-22-330) › Section 39-22-326 - Part-year residence

For the purposes of this subpart 2, if a shareholder of an S corporation is both a resident and a nonresident of this state during any taxable period, such shareholder's pro rata share of the S corporation's income attributable to the state and income not attributable to the state for the taxable period shall be further prorated between such shareholder's periods of residence and nonresidence during the taxable period, in accordance with the number of days in each period.
L. 92: Entire section added, p. 2262, § 1, effective April 16.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 2 - S CORPORATIONS (§§ 39-22-320 — 39-22-330) › Section 39-22-327 - Distributions

A distribution made by an S corporation with respect to its stock to a shareholder shall be taken into account by such shareholder for the purposes of section
39-22-104
to the extent that the distribution is determined to be taxable under the internal revenue code.
L. 92: Entire section added, p. 2262, § 1, effective April 16.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 2 - S CORPORATIONS (§§ 39-22-320 — 39-22-330) › Section 39-22-328 - Returns - repeal

(1)
An S corporation which engages in activity in this state shall be subject to the requirements of section
39-22-601
(2.5).
(2)
This section is repealed, effective January 1, 2024.
Repealed by 2023 Ch. 290,§ 7, eff. 1/1/2024.
L. 92: Entire section added, p. 2262, § 1, effective April 16.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 2 - S CORPORATIONS (§§ 39-22-320 — 39-22-330) › Section 39-22-329 - Tax credits

(1)
For the purposes of section
39-22-108
, each resident shareholder shall be considered to have paid a tax imposed on each resident shareholder in an amount equal to each resident shareholder's pro rata share of any net income tax paid by the S corporation to a state which does not measure the income of shareholders of an S corporation by reference to the income of the S corporation. For the purposes of this section, the term "net income tax" means any tax imposed on, or measured by, an S corporation's net income.
(2)
Each shareholder of an S corporation shall be allowed a credit against the tax imposed by section
39-22-104
in an amount equal to each shareholder's pro rata share of the tax credits described in sections
39-30-103.5
to
39-30-105.6
earned by the S corporation.
L. 92: Entire section added, p. 2263, § 1, effective April 16.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 2 - S CORPORATIONS (§§ 39-22-320 — 39-22-330) › Section 39-22-330 - Uniformity of application and construction

This subpart 2 shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this subpart 2 among those states which enact the model S corporation income tax act.
L. 92: Entire section added, p. 2263, § 1, effective April 16.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 3 - SALT PARITY ACT (§§ 39-22-340 — 39-22-347) › Section 39-22-340 - [Effective Until 8/7/2024] Short title - citation

This subpart 3 is comprised of sections
39-22-340
to
39-22-346
and may be cited as subpart 3. This subpart 3 shall be known and may be cited as the "SALT Parity Act".
Added by 2021 Ch. 300, § 1, eff. 6/23/2021.
L. 2021: Entire subpart added, (HB 21-1327), ch. 1801, p. 1801, § 1, effective June 23.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 3 - SALT PARITY ACT (§§ 39-22-340 — 39-22-347) › Section 39-22-340 - [Effective 8/7/2024] Short title - citation

This subpart 3 is comprised of sections
39-22-340
to 39-22-347 and may be cited as subpart 3. This subpart 3 shall be known and may be cited as the "SALT Parity Act".
Amended by 2024 Ch. 490,§ 77, eff. 8/7/2024.
Added by 2021 Ch. 300, § 1, eff. 6/23/2021.
L. 2021: Entire subpart added, (HB 21-1327), ch. 1801, p. 1801, § 1, effective June 23.
2024 Ch. 490, 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.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 3 - SALT PARITY ACT (§§ 39-22-340 — 39-22-347) › Section 39-22-341 - Legislative declaration

The general assembly hereby finds and declares that the deductibility of state income taxes should be the same for C corporations, S corporations, and partnerships.
Added by 2021 Ch. 300,§1, eff. 6/23/2021.
L. 2021: Entire subpart added, (HB 21-1327), ch. 1801, p. 1801, § 1, effective June 23.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 3 - SALT PARITY ACT (§§ 39-22-340 — 39-22-347) › Section 39-22-342 - Definitions

As used in this subpart 3, unless the context otherwise requires:
(1)
"Electing pass-through entity" means, with respect to a taxable period, an S corporation or partnership that has made the election under section
39-22-343
with respect to the taxable period.
(2)
"Electing pass-through entity owner" means, with respect to an S corporation, a shareholder of the S corporation and, with respect to a partnership, a partner in the partnership; except that a partner does not include a C corporation that is unitary with the partnership.
(3)
"Income attributable to the state" means, with respect to an S corporation, the portion of the items of income, gain, loss, or deduction of the S corporation apportioned or allocated to this state in accordance with the provisions of section
39-22-321(1) and (2)
, and, with respect to a partnership, the portion of the income, gain, loss, deduction, or credit of the partnership derived from sources within Colorado determined in accordance with the provisions of section
39-22-203
.
(4)
"Income not attributable to the state" means all items of income, gain, loss, or deduction of an electing pass-through entity other than income attributable to the state.
(5)
"Resident electing pass-through entity owner" means an electing pass-through entity owner that is a resident of Colorado as defined in section
39-22-103(6), (7), (8), (9), and (10)
.
(6)
"Taxable period" means any taxable year or portion of a taxable year during which a corporation is an S corporation or a noncorporate entity is a partnership.
Added by 2021 Ch. 300,§1, eff. 6/23/2021.
L. 2021: Entire subpart added, (HB 21-1327), ch. 1801, p. 1801, § 1, effective June 23.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 3 - SALT PARITY ACT (§§ 39-22-340 — 39-22-347) › Section 39-22-343 - Election

(1)
(a)
Notwithstanding sections
39-22-201
,
39-22-302
, and
39-22-322
, and except as provided in subsection (2) of this section, for income tax years commencing on or after January 1, 2018, an S corporation or partnership may annually elect to be subject to tax at the entity level for the taxable period.
(b)
Except as set forth in subsection (1)(c)(I) of this section, the S corporation or partnership shall make the election on the return filed by such S corporation or partnership under section
39-22-601
. The filing of a return filed under section
39-22-601
or subsection (1)(c)(I) of this section is binding on all electing pass-through entity owners.
(c)
(I)
For income tax years commencing on or after January 1, 2018, but prior to January 1, 2022, the S corporation or partnership must make the election on or after September 1, 2023, but before July 1, 2024, in a composite amended tax return for all of the years for which the election is made that is filed on behalf of the S corporation or partnership and all of the electing pass-through entity owners. The department of revenue shall establish the return, which shall not include any changes to the past returns other than those that are directly related to the election. The provisions of sections
39-21-107(2)
and
39-21-108(1)
shall not apply to the payment or refund of the tax made pursuant to the return.
(II)
Notwithstanding any other provision of law, if an S corporation or partnership files a return specified in subsection (1)(c)(I) of this section, neither the S corporation or partnership nor the electing pass-through entity owners shall incur any penalties for filing late nor owe interest on such amounts, and the department shall not be required to pay penalties or interest on any amounts owed to the taxpayers.
(III)
Notwithstanding the dates provided in subsection (1)(c)(I) of this section, the department shall have one year from the date the composite amended tax return is filed to review the return and make a written proposed adjustment in accordance with section
39-21-103
. The department must make any assessment within one year after a final determination is made under section
39-21-103(8)
. Any final determination made as specified in this subsection (1)(c)(III) may be enforced at any time within six years from the date of the final determination.
(2)
The election allowed under subsection (1) of this section is only allowed in an income tax year where there is a limitation on the deductions allowed to individuals under section 164 of the internal revenue code.
Amended by 2022 Ch. 164,§2, eff. 5/16/2022.
Added by 2021 Ch. 300,§1, eff. 6/23/2021.
L. 2021: Entire subpart added, (HB 21-1327), ch. 1802, p. 1802, § 1, effective June 23.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 3 - SALT PARITY ACT (§§ 39-22-340 — 39-22-347) › Section 39-22-344 - Imposition of tax

(1)
With respect to any taxable period for which it has made the election under section
39-22-343
, an electing pass-through entity is subject to a tax in an amount equal to the tax rate set forth in section
39-22-301
for the applicable income tax year multiplied by the sum of the following, all as determined pursuant to sections
39-22-202
,
39-22-203
,
39-22-322
, and
39-22-323
:
(a)
Each electing pass-through entity owner's pro rata or distributive share of the electing pass-through entity's income attributable to the state; and
(b)
Each resident electing pass-through entity owner's pro rata or distributive share of the electing pass-through entity's income not attributable to the state.
(2)
An electing pass-through entity is treated as a corporation under section
39-22-606
with respect to the tax imposed under this subpart 3; except that the requirement to make estimated payments under section
39-22-606
does not apply for income tax years commencing prior to January 1, 2023.
(3)
Any credit allowed pursuant to this article 22 that is attributable to the activities of an electing pass-through entity in the taxable year is passed through to and must be claimed by the electing pass-through entity owner.
(4)
The executive director of the department of revenue may promulgate rules in accordance with article
4
of title
24
to require or permit an electing pass-through entity to make returns, set forth information, or furnish copies of information as required in section
39-22-601
(2.5)(a) through (2.5)(c) and (5)(a) through (5)(c) as is necessary to execute the provisions of this subpart 3. Notwithstanding the specificity of the foregoing, the executive director may promulgate such other rules as are, in the executive director's view, necessary or expedient in enforcing the provisions of this subpart 3.
(5)
The provisions of section 39-22-601 (2.7)(d) and (5.5)(d) are not applicable to an electing pass-through entity.
(6)
The provisions of article
21
of this title 39 regarding the collection, administration, and enforcement of tax is applicable to the tax due under this section, and, notwithstanding the provisions of sections
39-22-201
,
39-22-302
, and
39-22-322
, an electing pass-through entity is a taxpayer.
Amended by 2023 Ch. 290,§ 8, eff. 1/1/2024.
Amended by 2022 Ch. 164, § 3, eff. 5/16/2022.
Added by 2021 Ch. 300, § 1, eff. 6/23/2021.
L. 2021: Entire subpart added, (HB 21-1327), ch. 1802, p. 1802, § 1, effective June 23.
2023 Ch. 290, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 3 - SALT PARITY ACT (§§ 39-22-340 — 39-22-347) › Section 39-22-345 - Owner exclusion

The basis in the hands of an electing pass-through entity owner in the interest in the partnership or the stock or indebtedness in the S corporation is determined as if the election under section
39-22-343
had not been made.
Amended by 2022 Ch. 164,§4, eff. 5/16/2022.
Added by 2021 Ch. 300,§1, eff. 6/23/2021.
L. 2021: Entire subpart added, (HB 21-1327), ch. 1803, p. 1803, § 1, effective June 23.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 3 - SALT PARITY ACT (§§ 39-22-340 — 39-22-347) › Section 39-22-346 - Credit for tax paid in other states

For purposes of the resident pass-through entity owners, the credit allowed under section
39-22-108
is calculated without regard to the credit allowed under section
39-22-347
.
Amended by 2022 Ch. 164, § 5, eff. 5/16/2022.
Added by 2021 Ch. 300, § 1, eff. 6/23/2021.
L. 2021: Entire subpart added, (HB 21-1327), ch. 1804, p. 1804, § 1, effective June 23.
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 3 - CORPORATIONS (§§ 39-22-300.1 — 39-22-347) › Subpart 3 - SALT PARITY ACT (§§ 39-22-340 — 39-22-347) › Section 39-22-347 - Credit for electing pass-through entity owner - tax preference performance statement - legislative declaration

(1)
(a)
The general assembly hereby finds and declares that the purpose of this tax credit is to:
(I)
Ensure the state does not have a net tax revenue change while accomplishing the purpose set forth in section
39-22-341
; and
(II)
Replace a related state income tax deduction.
(b)
(I)
Notwithstanding section
39-21-304(2)
, the purpose of the tax expenditure created in this section is to avoid double taxation of income on electing pass-through entity owners.
(II)
The general assembly and the state auditor shall measure the effectiveness of the credit created in this section in achieving the purpose specified in subsection (1)(b)(I) of this section based on whether the amount of the credit is equal to the amount of the tax revenue collected under section
39-22-344
.
(2)
Subject to the limitations set forth in subsection (3) of this section, for income tax years commencing on or after January 1, 2018, an electing pass-through entity owner is allowed a credit against the tax imposed by this article 22 that is an amount equal to the share of the tax imposed pursuant to section
39-22-344(1)
on the electing pass-through entity with respect to the electing pass-through entity owner's income.
(3)
No credit is allowed to an electing pass-through entity owner under subsection (2) of this section unless the electing pass-through entity paid the tax imposed under this article 22 and provided sufficient information on the electing pass-through entity tax return, as prescribed by the department of revenue, to identify that electing pass-through entity owner.
(4)
Any amount of the credit allowed by this section that exceeds the electing pass-through entity owner's income taxes due is refunded to the electing pass-through entity owner.
Added by 2022 Ch. 164,§6, eff. 5/16/2022.
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 4 - ESTATES AND TRUSTS (§§ 39-22-401 — 39-22-407) › Section 39-22-401 - Income of a resident estate or trust for purposes of Colorado income tax

(1)
The income of a resident estate or trust subject to the tax imposed by this article shall be its federal taxable income as determined pursuant to section 63 of the internal revenue code with the following modifications:
(a)
There shall be added or subtracted the modifications described in section
39-22-104
to the extent such items are excluded from federal distributable net income of the estate or trust.
(b)
There shall be added or subtracted the share of the estate or trust in the Colorado fiduciary adjustment determined under section
39-22-402
.
L. 64: R&RE, pp. 656, 771, §§ 14, 1. C.R.S. 1963: § 138-1-45. L. 78: (1)(a) amended, p. 485, § 8, effective May 5. L. 87: Entire section R&RE, p. 1444, § 12, effective June 22.
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 4 - ESTATES AND TRUSTS (§§ 39-22-401 — 39-22-407) › Section 39-22-402 - Share of a resident estate, trust, or beneficiary in Colorado fiduciary adjustments

(1)
(a)
An adjustment shall be made in determining the federal taxable income subject to tax by Colorado of a resident estate or trust under section
39-22-401
, or the federal taxable income subject to tax by Colorado of a resident beneficiary of any estate or trust under section
39-22-104
, in the amount of the share of each in the Colorado fiduciary adjustment as determined in this section.
(b)
Repealed.
(2)
The Colorado fiduciary adjustment shall be the net amount of the modifications described in section
39-22-104
, except to the extent such items are excluded from federal distributable net income of the estate or trust.
(3)
(a)
The respective shares of an estate or trust and its beneficiaries, including, solely for the purpose of this allocation, nonresident beneficiaries, in the Colorado fiduciary adjustment shall be in proportion to their respective shares of federal distributable net income of the estate or trust.
(b)
If the estate or trust has no federal distributable net income for the taxable year, the share of each beneficiary in the Colorado fiduciary adjustment shall be in proportion to his share of the estate or trust income for such year, under local law or the governing instrument, which is required to be distributed currently and any other amounts of such income distributed in such year. Any balance of the Colorado fiduciary adjustment shall be allocated to the estate or trust.
(4)
The executive director may, by regulation, establish such other method of determining to whom the items comprising the fiduciary adjustment shall be attributed, as may be appropriate and equitable. Such method may be used by the fiduciary in his discretion whenever the allocation of the fiduciary adjustment, pursuant to subsection (3) of this section, would result in an inequity which is substantial both in amount and in relation to the amount of the fiduciary adjustment.
L. 64: R&RE, p. 772, § 1. C.R.S. 1963: § 138-1-46. L. 67: p. 850, §§ 1, 2. L. 77: (2) amended, p. 1784, § 3, effective May 19. L. 87: (1)(a) and (2) amended and (1)(b) repealed, pp. 1444, 1457, §§ 13, 31, effective June 22.
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 4 - ESTATES AND TRUSTS (§§ 39-22-401 — 39-22-407) › Section 39-22-403 - Income of a nonresident estate or trust subject to income tax

(1)
In the case of a nonresident estate or trust, the tax imposed by section
39-22-104
shall be apportioned in the ratio of the Colorado-source federal taxable income to the total federal taxable income, both modified as provided in section
39-22-104
.
(2)
Colorado-source federal taxable income of an estate or trust means:
(a)
Its share of the Colorado-source federal distributable net income as determined in section
39-22-404
; and
(b)
Its share of any Colorado-source income, gain, loss, and deduction recognized for federal income tax purposes but excluded from the definition of federal distributable net income of the estate or trust as determined under section
39-22-109
, as in the case of a nonresident individual, and modified as provided in section
39-22-104
.
L. 64: R&RE, p. 773, § 1. C.R.S. 1963: § 138-1-47. L. 87: IP(1), (1)(b), and (1)(c) amended and (1)(d) repealed, pp. 1444, 1457, §§ 14, 31, effective June 22. L. 88: Entire section R&RE, p. 1314, § 8, effective May 29.
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 4 - ESTATES AND TRUSTS (§§ 39-22-401 — 39-22-407) › Section 39-22-405 - [Repealed]

L. 64: R&RE, p. 775, § 1. C.R.S. 1963: § 138-1-49. L. 87: Entire section repealed, p. 1457, § 31, effective June 22.
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 4 - ESTATES AND TRUSTS (§§ 39-22-401 — 39-22-407) › Section 39-22-406 - [Repealed]

L. 64: R&RE, p. 775, § 1. C.R.S. 1963: § 138-1-50. L. 83: Entire section repealed, p. 1515, § 11, effective 1/1/1984.
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 4 - ESTATES AND TRUSTS (§§ 39-22-401 — 39-22-407) › Section 39-22-407 - Accounting periods and methods

The provisions of section
39-22-111
shall apply to trusts and estates to the extent not inconsistent with sections
39-22-401
to
39-22-404
.
L. 64: R&RE, p. 775, § 1. C.R.S. 1963: § 138-1-51. L. 83: Entire section amended, p. 1515, § 10, effective 1/1/1984. L. 87: Entire section amended, p. 1446, § 16, effective June 22.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-501 - Taxation of regulated investment companies

(1)
(a)
For purposes of this article, a "regulated investment company" shall have the same meaning as set forth in section 851 of the internal revenue code.
(b)
For purposes of this article, the "net income" of a regulated investment company in each year in which the corporation is taxed as a regulated investment company for federal income tax purposes shall be the "investment company taxable income" of such corporation, adjusted as provided in section
39-22-304(2) and (3)
.
(2)
(a)
For purposes of this article, a "captive regulated investment company" means a regulated investment company of which the shares or beneficial interests are not regularly traded on an established securities market and of which more than fifty percent of the voting power or value of the beneficial interests or shares are owned or controlled, directly, indirectly, or constructively, by a single entity that is:
(I)
Treated as an association taxable as a corporation under the internal revenue code; and
(II)
Not exempt from federal income tax pursuant to the provisions of section 501 (a) of the internal revenue code.
(b)
Any voting stock in a regulated investment company that is held in a segregated asset account of a life insurance corporation, as described in section 817 of the internal revenue code, shall not be taken into account for purposes of determining whether a regulated investment company is a captive regulated investment company.
L. 64: R&RE, p. 776, § 1. C.R.S. 1963: § 138-1-56. L. 2009: Entire section amended, (HB 09 -1 09 3), ch. 75, p. 269, § 2, effective April 2.
For the legislative declaration contained in the 2009 act amending this section, see section 1 of chapter 75, Session Laws of Colorado 2009.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-502 - [Repealed]

L. 64: R&RE, p. 777, § 1. C.R.S. 1963: § 138-1-57. L. 91: Entire section repealed, p. 1986, § 1, effective April 20.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-504.5 - Short title

Sections 39-22-504.5 to 39-22-504.7 shall be known and may be cited as the "Medical Savings Account Act of 1994".
L. 86: Entire section added, p. 1121, § 1, effective June 23. L. 94: Entire section amended, p. 2840, § 6, effective 1/1/1995.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-504.6 - Definitions

As used in sections
39-22-504.5
to
39-22-504.7
, unless the context otherwise requires:
(1)
"Account administrator" means:
(a)
A state chartered bank, savings and loan association, credit union, or trust company authorized to act as a fiduciary and under the supervision of the financial institutions bureau of the United States department of commerce;
(b)
A national banking association, federal savings and loan association, or credit union authorized to act as a fiduciary in this state;
(c)
An insurance company; or
(d)
An employer if such employer maintains a self-insured health plan meeting the requirements of the federal "Employee Retirement Income Security Act of 1974", as amended.
(1.3)
"Account holder" means an employee on whose behalf a medical savings account is established.
(2)
"Dependent child" means any person who is:
(a)
Under the age of twenty-one years;
(b)
Legally entitled to or the subject of a court order for the provision of proper or necessary subsistence, education, medical care, or any other care necessary for his or her health, guidance, or well-being and who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or
(c)
So mentally or physically incapacitated that he or she cannot provide for himself or herself.
(2.4)
"Eligible medical expense" means any medical expense that is deductible for purposes of section 213 (d) of the internal revenue code.
(2.5)
"Employee" means the individual for whose benefit a medical savings account is established.
(2.6)
"Employer" means a person or entity employing one or more persons in this state, excluding the federal government.
(3)
"Medical savings account" means an account established to pay the eligible medical expenses of an account holder and his or her spouse and dependent children, if any.
(3.5)
"Qualified higher deductible health plan" means a health coverage policy, certificate, or contract that provides for the payment of covered benefits that exceed the deductible, which shall be at least one thousand five hundred dollars but no more than two thousand two hundred fifty dollars for individual coverage or at least three thousand dollars but no more than four thousand five hundred dollars for family coverage, and that is purchased by an employer for the benefit of an employee who makes deposits into a medical savings account.
(4)
(Deleted by amendment, L. 94, p. 2840, § 7, effective January 1, 1995.)
L. 86: Entire section added, p. 1121, § 1, effective June 23. L. 88: (4) amended, p. 419, § 16, effective April 11. L. 89: (4) amended, p. 622, § 19, effective July 1. L. 94: Entire section amended, p. 2840, § 7, effective 1/1/1995. L. 2000: (3.5) amended, p. 172, § 2, effective 1/1/2001.
For the federal "Employee Retirement Income Security Act of 1974", see 93 Pub.L. 406.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-505 - [Repealed]

L. 64: R&RE, p. 778, § 1. C.R.S. 1963: § 138-1-60. L. 71: p. 1252, § 1. L. 77: Entire section repealed, p. 1855, § 13, effective 1/1/1978.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-506 - [Repealed]

L. 67: p. 851, §§ 1, 2. C.R.S. 1963: § 138-1-61. L. 83: Entire section repealed, p. 2097, § 5, effective 1/1/1984.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-507 - [Repealed]

L. 76: Entire section added, p. 781, § 1, effective May 10. L. 78: Entire section repealed, p. 275, § 101, effective May 23.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-508 - [Repealed]

L. 78: Entire section added, p. 470, § 4, effective July 1. L. 79: Entire section amended and (5) added, pp. 1454, 1456, §§ 1, 4, effective June 22. L. 81: (4) amended and (5) R&RE, p. 1872, §§ 7, 8, effective June 29. L. 96: (4) repealed, p. 1242, § 102, effective August 7. L. 2004: Entire section repealed, p. 212, § 37, effective August 4.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-508.1 - [Repealed]

L. 78: Entire section added, p. 497, § 1, effective July 1. L. 79: Entire section amended, p. 1442, § 29, effective July 3. L. 2007: Entire section repealed, p. 353, § 11, effective August 3.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-508.2 - [Repealed]

L. 78: Entire section added, p. 497, § 1, effective July 1; (3)(b) amended, p. 275, § 102, effective May 23 L. 79: (3)(b) and (5)(b) amended, p. 1443, § 30, effective July 3. L. 89: (2)(c) added, p. 1522, § 6, effective June 7. L. 90: (7) amended, p. 455, § 35, effective April 18. L. 92: IP(2)(c) amended, p. 2220, § 2, effective May 29. L. 96: IP(2)(c) and (2)(c)(I) amended, p. 1130, § 6, effective July 1. L. 2007: Entire section repealed, p. 353, § 11, effective August 3.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-508.3 - [Repealed]

L. 78: Entire section added, p. 502, § 1, effective July 1. L. 79: (1) amended, p. 1443, § 31, effective July 3. L. 86: (5) added, p. 1142, § 3, effective July 1. L. 87: (1) amended, p. 1448, § 20, effective June 22. L. 2007: Entire section repealed, p. 353, § 11, effective August 3.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-508.4 - [Repealed]

L. 78: Entire section added, p. 502, § 1, effective May 5. L. 2007: Entire section repealed, p. 353, § 11, effective August 3.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-508.5 - [Repealed]

L. 78: Entire section added, p. 503, § 1, effective May 5. L. 89: (4) amended, p. 1500, § 4, effective 7/1/1990. L. 2007: Entire section repealed, p. 353, § 11, effective August 3.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-508.6 - [Repealed]

L. 78: Entire section added, p. 504, § 1, effective May 5. L. 2007: Entire section repealed, p. 353, § 11, effective August 3.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-508.7 - [Repealed]

L. 78: Entire section added, p. 497, § 1, effective May 5. L. 79: Entire section repealed, p. 1443, § 32, effective July 3.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-510 - [Repealed]

Repealed by 2022 Ch. 145, § 9, eff. 8/10/2022.
L. 79: Entire section added, p. 1457, § 1, effective July 1.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-511 - [Repealed]

L. 80: Entire section added, p. 746, § 8, effective June 29. L. 85: Entire section repealed, p. 1368, § 42, effective June 28.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-512 - [Repealed]

L. 80: Entire section added, p. 726, § 21, effective May 1. L. 83: (1)(a) and (1)(b) amended, p. 1515, § 9, effective 1/1/1984. L. 87: (5)(a)(I) to (5)(a)(III) and (5)(b) amended and (6) repealed, pp. 1449, 1457, §§ 22, 31, effective June 22. L. 2004: Entire section repealed, p. 213, § 38, effective August 4.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-513 - [Repealed]

L. 83: Entire section added, p. 1523, § 2, effective May 20. L. 87: (1), (3)(c)(I), (3)(e)(III), (4)(b), and (4)(c) amended, p. 1449, § 23, effective June 22. L. 88: (2) amended, p. 419, § 17, effective April 11. L. 2004: Entire section repealed, p. 214, § 39, effective August 4.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-515 - [Repealed]

L. 91: Entire section added, p. 1990, § 1, effective June 1. L. 92: (6)(f) amended, p. 1262, § 30, effective August 1. L. 2002: (5) repealed, p. 862, § 5, effective August 7. L. 2004: Entire section repealed, p. 215, § 40, effective August 4.
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-516 - [Repealed]

L. 92: Entire section added, p. 2244, § 1, effective June 5. L. 98: Entire section amended, p. 1297, § 2, effective June 1. L. 99: (2.5)(i) amended, p. 984, § 10, effective May 28. L. 2000: (2.5)(a)(III), (2.5)(b), (2.5)(d)(I), (2.5)(i), (2.7)(b), (2.7)(c), and (4) amended, p. 1445, § 1, effective August 2. L. 2002: (2.5)(a)(II), (2.5)(e), and (2.5)(i) amended, p. 1066, § 3, effective August 7. L. 2003: (2.5)(a)(II.5) added and (2.5)(b)(II)(B) and (2.5)(g) amended, p. 1234, §§ 1, 2, effective September 1. L. 2005: (2.5)(d)(I) amended, p. 681, § 1, effective August 8. L. 2009: (2.5)(b), (2.5)(d)(I), (2.5)(g), (2.5)(i), (3), and (4) amended and (2.5)(j) and (2.6) added, (HB 09-1331), ch. 416, pp. 2293, 2295, §§ 2, 3, effective June 4. L. 2010: (2.6)(b)(III) and (2.6)(d)(III) added and (2.6)(d)(I) amended, (HB 10 -1196), ch. 65, p. 65, §§ 1, 2, effective February 24. L. 2011: (2.6)(a)(VI) amended, (HB 11-1081), ch. 1142, p. 1142, § 1, effective 1/1/2014. L. 2013: (2.5)(h) and (2.6)(e) amended, (HB 13-1247), ch. 1073, p. 1073, § 4, effective May 15; (2.6)(a)(VI)(B) added by revision, (HB 13-1247), ch. 1073, p. 1073, § 3; (2.6)(a)(VI)(B) added by revision, (HB 13-1300), ch. 1705, p. 1705, § 125.
Subsection (4) provided for the repeal of this section, effective December 31, 2016. (See L. 2009, p. 2295.)
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 5 - SPECIAL RULES (§§ 39-22-501 — 39-22-570) › Section 39-22-516.5 - [Repealed]

L. 2009: Entire section added, (HB 09 -1331), ch. 416, p. 2299, § 4, effective June 4. L. 2011: (1)(f) amended, (HB 11 -1081), ch. 262, p. 1142, § 2, effective 1/1/2014. L. 2012: (1)(a), IP(2)(a), (2)(b), (3)(a), (3)(d), and (3)(e)(II) amended and (2)(c) added, (HB 12-1299), ch. 98, p. 328, § 1, effective April 12. L. 2013: (1)(f)(II) added by revision, (HB 13-1247), ch. 226, p. 1074, § 5; IP(2)(a), (2)(b), (4), (5), and (7) amended, (HB 13-1247), ch. 226, p. 1074, § 6, effective May 15.
(1) Subsection (1)(f)(II) provided for the repeal of subsection (1)(f), effective January 1, 2014. (See L. 2013, p. 1074.)
(2) Subsection (7) provided for the repeal of this section, effective December 31, 2018. (See L. 2013, p. 1074.)
(1) In 2009, this section was added by the "Motor Vehicle Innovation Act". For the short title, see section 1 of chapter 416, Session Laws of Colorado 2009. (2) For the legislative declaration in the 2013 act amending subsection (1)(f), the introductory portion to subsection (2)(a), and subsections (2)(b), (4), (5), and (7), see section 1 of chapter 226, Session Laws of Colorado 2013.