Colorado
CO · state · 17 cited facts
| Category | Provision | Value | Source |
|---|---|---|---|
| trust-nexus | Incomplete-gift nongrantor trust / ING (income tax reach) | ESCAPES: administration-only test; a NV-administered ING is a nonresident trust and the retained intangible gain has no CO source. PERMANENT, not deferral: no throwback statute, and the retained gain is corpus gain outside DNI (IRC 643(a)(3)), so it never carries out to the settlor on a later distribution. Ongoing income on the reinvested proceeds IS taxable to a resident beneficiary when distributed | sources (3)C.R.S. Sec. 39-22-103(10) (resident trust: administered in the state) · high confidence · as of 2026-07-13 · TY 2026 Colorado trust residency is administration-only 'Resident trust' means a trust which is administered in this state.https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-39.pdf IRC §643(a)(3) · high confidence · as of 2026-07-13 · TY 2026 IRC §643(a)(3): capital gain allocated to corpus is excluded from distributable net income Gains from the sale or exchange of capital assets shall be excluded to the extent that such gains are allocated to corpus and are not (A) paid, credited, or required to be distributed to any beneficiary during the taxable year, or (B) paid, permanently set aside, or to be used for the purposes specified in section 642(c). Note: This is the rule that makes an ING's escape PERMANENT rather than deferral. Income reaches a beneficiary only through DNI (IRC 652/662); a retained corpus gain is outside DNI, so a later distribution of it is principal, not income, and never enters the beneficiary's federal taxable income. Every escape state starts from the federal number, so it never enters the state base either. Conditional on the gain ACTUALLY being allocated to corpus and not distributed in the year realized: a gain routed to fiduciary accounting income, or distributed in the sale year, is in DNI and is taxable to the resident beneficiary. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section643&num=0&edition=prelimIRC §665(c) · high confidence · as of 2026-07-13 · TY 2026 IRC §665(c): the accumulation-distribution (throwback) rules do not reach a qualified domestic trust (1) In general In the case of a qualified trust, any distribution in any taxable year beginning after the date of the enactment of this subsection shall be computed without regard to any undistributed net income. (2) Qualified trust For purposes of this subsection, the term 'qualified trust' means any trust other than- (A) a foreign trust (or, except as provided in regulations, a domestic trust which at any time was a foreign trust), or (B) a trust created before March 1, 1984, unless it is established that the trust would not be aggregated with other trusts under section 643(f) if such section applied to such trust. Note: A modern NV/DE ING is a 'qualified trust', so the federal accumulation-distribution regime is computed without regard to undistributed net income: it is empty. States whose only accumulation rule piggybacks IRC 665-668 (OR OAR 150-316-0575, IA, KS, SC) therefore recapture nothing. Only a state with its OWN throwback keyed to income untaxed by any state can claw the gain back, and of the verified escape states only Utah has one (59-10-114(1)(g)). https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section665&num=0&edition=prelim |
| estate-none | Estate and inheritance tax | None | sources (1)Colo. General Assembly Legislative Council Staff, Estate Tax memo (citing Art. 23.5, Title 39, C.R.S.) · high confidence · as of 2026-07-02 · TY 2025 No Colorado estate tax filing required for deaths after Dec 31, 2004 Under current law, no Colorado estate tax filing is required for estates of individuals who die after December 31, 2004. Note: Legislature page; cites Article 23.5, Title 39, C.R.S. (the CRS 39-23.5 pickup statute). https://content.leg.colorado.gov/agencies/legislative-council-staff/estate-tax |
| rate | Top income tax rate (TY2025) | 4.4% flat on federal taxable income | sources (1)CRS §39-22-104(1.7) · high confidence · as of 2026-07-20 · TY 2025 Colorado flat income tax rate is 4.4% for TY2025 (TABOR reduction expired after TY2024) with respect to taxable years commencing on or after January 1, 2022, a tax of four and forty one-hundredths percent is imposed on the federal taxable income, as determined pursuant to section 63 of the internal revenue code, of every individual, estate, and trust. Note: C.R.S. §39-22-104(1.7) imposes a 4.4% Colorado income tax rate for TY2025. The TABOR ratchet mechanism reduced the rate to 4.25% for TY2024 (a surplus year); TY2025 is back at 4.4% absent a new TABOR reduction. Colorado begins with federal taxable income, so the MFJ federal standard deduction shelters gains automatically. https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-39.pdf |
| conformity | Loss carryforward | Conforms to IRC §1212 indefinite federal carryforward applies | sources (1)IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025 IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year. Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim |
| muni-instate | In-state muni bond interest | Exempt: CRS §39-22-104(3)(b): CO bond interest excluded from the federal-AGI add-back requirement | sources (1)CRS §39-22-104(3)(b) · high confidence · as of 2026-07-03 · TY 2025 CO exempts CO-issued bonds; out-of-state muni bond interest included in CO income per CRS §39-22-104(3)(b) There shall be added to the federal taxable income: ... An amount equal to the interest income which is excluded from gross income for federal income tax purposes pursuant to section 103 (a) of the internal revenue code less amortization of premium on obligations of any state or any political subdivision thereof, other than interest income on obligations of the state of Colorado or any political subdivision thereof which are issued on or after May 1, 1980. Note: CRS §39-22-104(3)(b) adds back muni interest excluded from federal gross income under IRC §103(a), except interest on obligations of the state of Colorado or its political subdivisions. Out-of-state muni interest is taxed; Colorado bonds are exempt. Quote verbatim from the live CRS 2024 Title 39 PDF (fetched via curl). https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-39.pdf |
| muni-outstate | Out-of-state muni bond interest | Taxable: CRS §39-22-104(3)(b) requires add-back of out-of-state muni interest; only CO bonds excepted | sources (1)CRS §39-22-104(3)(b) · high confidence · as of 2026-07-03 · TY 2025 CO exempts CO-issued bonds; out-of-state muni bond interest included in CO income per CRS §39-22-104(3)(b) There shall be added to the federal taxable income: ... An amount equal to the interest income which is excluded from gross income for federal income tax purposes pursuant to section 103 (a) of the internal revenue code less amortization of premium on obligations of any state or any political subdivision thereof, other than interest income on obligations of the state of Colorado or any political subdivision thereof which are issued on or after May 1, 1980. Note: CRS §39-22-104(3)(b) adds back muni interest excluded from federal gross income under IRC §103(a), except interest on obligations of the state of Colorado or its political subdivisions. Out-of-state muni interest is taxed; Colorado bonds are exempt. Quote verbatim from the live CRS 2024 Title 39 PDF (fetched via curl). https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-39.pdf |
| qoz-conformity | QOZ conformity (IRC §1400Z-2) | Partial conformity: TY2025 conforms fully to federal QOZ deferral and exclusion. From TY2027, addback required for gains deferred/excluded via QOF investments in non-Colorado opportunity zones; only in-state CO QOF investments retain the federal benefit. | sources (1)CRS §39-22-104(3) as amended by HB26-1289 · medium confidence · as of 2026-07-20 · TY 2025 Colorado partially conforms to IRC §1400Z-2 QOZ gain deferral and exclusion For income tax years beginning on and after January 1, 2027, the excess of any gain excluded from federal gross income pursuant to section 1400Z-2 (a)(1)(A) of the internal revenue code over the amount of that gain invested by the taxpayer in a Colorado qualified opportunity fund in a manner that qualifies for exclusion from federal gross income pursuant to section 1400Z-2 (a)(1)(A) of the internal revenue code. Note: HB26-1289 (2026) added CRS §39-22-104(3)(v)(I), a Colorado addback effective TY2027 of the EXCESS of federally excluded §1400Z-2(a)(1)(A) gain over the amount reinvested in a COLORADO QOF (not a categorical addback of all deferred/excluded gain, as a prior version of this fact paraphrased). For TY2025-2026, Colorado conforms to all federal QOZ treatment. Medium: quote from the enacted bill text; the leg.colorado.gov summary page renders a paraphrase, the enrolled bill file is verbatim. https://leg.colorado.gov/bills/hb26-1289 |
| qsbs-conformity | QSBS conformity (IRC §1202) | Conforms via rolling IRC conformity; no Colorado addback for QSBS gain. | sources (1)CRS §39-22-104 · high confidence · as of 2026-06-22 · TY 2025 Colorado rolling IRC conformity incorporates IRC §1202 QSBS gain exclusion with respect to taxable years commencing on or after January 1, 2022, a tax of four and forty one-hundredths percent is imposed on the federal taxable income, as determined pursuant to section 63 of the internal revenue code, of every individual, estate, and trust. Note: Colorado rolling IRC conformity (CRS §39-22-104) incorporates IRC §1202; no addback for QSBS gain. Colorado conforms to the full IRC as updated annually, which includes the 100% QSBS exclusion. https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-39.pdf |
| agency-obligations | GSE bond interest (FNMA/FHLMC) | Taxable: Colorado starts from federal taxable income; FNMA/FHLMC interest is in that base; CRS §39-22-104(3)(b) add-back applies only to IRC §103-excluded muni interest; no Colorado subtraction available for FNMA/FHLMC | sources (1)CRS §39-22-104 · high confidence · as of 2026-07-03 · TY 2025 Colorado taxes FNMA and FHLMC bond interest: Colorado starts from federal taxable income (which includes FNMA/FHLMC interest); the §39-22-104(3)(b) add-back applies only to IRC §103-excluded muni interest with respect to taxable years commencing on or after January 1, 2022, a tax of four and forty one-hundredths percent is imposed on the federal taxable income, as determined pursuant to section 63 of the internal revenue code, of every individual, estate, and trust. ... There shall be added to the federal taxable income: ... An amount equal to the interest income which is excluded from gross income for federal income tax purposes pursuant to section 103 (a) of the internal revenue code less amortization of premium on obligations of any state or any political subdivision thereof, other than interest income on obligations of the state of Colorado or any political subdivision thereof. Note: CRS §39-22-104(1.7)(c) imposes the tax on federal taxable income; the §39-22-104(3)(b) add-back reaches only interest excluded from federal gross income under IRC §103(a) (muni interest). FNMA/FHLMC interest is in federal taxable income and is not §103-excluded, so it stays taxed. Quote verbatim from the live CRS 2024 Title 39 PDF (fetched via curl). https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-39.pdf |
| dividend-qualified | Qualified dividend income | Ordinary rate: Colorado has no modification creating a preferential rate for qualified dividends; taxed at the flat 4.4% rate on federal taxable income (IRC §1(h)(11) preference not adopted) | sources (1)CRS §39-22-104(1.7) · high confidence · as of 2026-07-20 · TY 2025 Colorado flat income tax rate is 4.4% for TY2025 (TABOR reduction expired after TY2024) with respect to taxable years commencing on or after January 1, 2022, a tax of four and forty one-hundredths percent is imposed on the federal taxable income, as determined pursuant to section 63 of the internal revenue code, of every individual, estate, and trust. Note: C.R.S. §39-22-104(1.7) imposes a 4.4% Colorado income tax rate for TY2025. The TABOR ratchet mechanism reduced the rate to 4.25% for TY2024 (a surplus year); TY2025 is back at 4.4% absent a new TABOR reduction. Colorado begins with federal taxable income, so the MFJ federal standard deduction shelters gains automatically. https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-39.pdf |
| treasury | U.S. Treasury interest | Exempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds) | sources (1)31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025 U.S. Treasury interest exempt from Colorado income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax. Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124 |
| fhlb-ffcb | FHLB and FFCB bond interest | Exempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities | sources (2)12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025 FHLB and FFCB bond interest exempt from Colorado income tax: federal enabling statutes mandate state tax exemption Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority. Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025 Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124). Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim |
| carryback | Capital loss carryback | None: IRC §1212(b) provides carryforward only for non-corporate taxpayers; no carryback to prior years | sources (1)IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025 IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year. Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim |
| character | Long-term capital gains treatment | Ordinary rate: no preferential long-term rate; capital gains taxed at the flat 4.4% Colorado rate (CRS §39-22-104) | sources (1)CRS §39-22-104(1.7) · high confidence · as of 2026-07-20 · TY 2025 Colorado flat income tax rate is 4.4% for TY2025 (TABOR reduction expired after TY2024) with respect to taxable years commencing on or after January 1, 2022, a tax of four and forty one-hundredths percent is imposed on the federal taxable income, as determined pursuant to section 63 of the internal revenue code, of every individual, estate, and trust. Note: C.R.S. §39-22-104(1.7) imposes a 4.4% Colorado income tax rate for TY2025. The TABOR ratchet mechanism reduced the rate to 4.25% for TY2024 (a surplus year); TY2025 is back at 4.4% absent a new TABOR reduction. Colorado begins with federal taxable income, so the MFJ federal standard deduction shelters gains automatically. https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-39.pdf |
| filing-status-flat | Filing status irrelevant: flat rate state | Yes: flat 4.4% rate on federal taxable income regardless of filing status (CRS §39-22-104) | sources (1)CRS §39-22-104(1.7) · high confidence · as of 2026-07-20 · TY 2025 Colorado flat income tax rate is 4.4% for TY2025 (TABOR reduction expired after TY2024) with respect to taxable years commencing on or after January 1, 2022, a tax of four and forty one-hundredths percent is imposed on the federal taxable income, as determined pursuant to section 63 of the internal revenue code, of every individual, estate, and trust. Note: C.R.S. §39-22-104(1.7) imposes a 4.4% Colorado income tax rate for TY2025. The TABOR ratchet mechanism reduced the rate to 4.25% for TY2024 (a surplus year); TY2025 is back at 4.4% absent a new TABOR reduction. Colorado begins with federal taxable income, so the MFJ federal standard deduction shelters gains automatically. https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-39.pdf |
| marital-udcprda | Uniform Community Property Disposition at Death Act | Yes: C.R.S. §§15-20-101 to 15-20-116 preserves community property character of assets acquired in CP states at death of a Colorado resident (effective July 1, 2023, 2021 revised act); surviving spouse retains one-half CP interest | sources (1)C.R.S. §§15-20-101 to 15-20-116 (SB 23-100, effective July 1, 2023) · medium confidence · as of 2026-06-22 · TY 2025 Colorado adopted Uniform Community Property Disposition at Death Act (effective July 1, 2023) This article 20 shall be known and may be cited as the 'Uniform Community Property Disposition at Death Act', which is also referred to as 'this act' or 'act' within this article 20. Note: Colorado enacted UDCPRDA (the 2021 NCCUSL revised version) via SB 23-100, effective July 1, 2023. Protects the community property character of assets acquired in community property states when a couple moves to Colorado. URL resolves to the full C.R.S. Title 15 PDF; §§15-20-101 to 15-20-116 are within this title. https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-15.pdf |
| migration-loss-conformity | Migration loss carryforward conformity | Full conform (structural inference): Colorado computes its income tax from the federal base, so an imported federal section 1212 capital-loss carryforward flows through to offset post-residency gains; no published guidance addresses the imported pre-residency carryforward. | sources (1)CRS §39-22-104(1.7) · medium confidence · as of 2026-07-03 · TY 2025 Colorado conforms to the federal capital-loss base; treatment of an imported pre-residency section 1212 carryforward is a structural inference with respect to taxable years commencing on or after January 1, 2022, a tax of four and forty one-hundredths percent is imposed on the federal taxable income, as determined pursuant to section 63 of the internal revenue code, of every individual, estate, and trust. ... Prior to the application of the rate of tax prescribed in subsection (1), (1.5), or (1.7) of this section, the federal taxable income shall be modified as provided in subsections (3) and (4) of this section. Note: CRS §39-22-104(1.7)(c) imposes the tax on federal taxable income with only the modifications in subsections (3) and (4), so the federal section 1212 capital-loss carryover flows through. Quote verbatim from the live CRS 2024 Title 39 PDF (fetched via curl). No published guidance addresses the imported pre-residency carryforward, so that application remains a structural inference. https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-39.pdf |