🇺🇸 Colorado Income Tax — 2026 UPDATE

Colorado Income Tax Rates & Brackets (Tax Year 2025 — Filed in 2026)

⚠️Informational only — not legal or tax advice.

Tax year covered: 2025 (returns filed in 2026)
Applies to: Income earned January 1 – December 31, 2025
Returns filed: January – April 2026
Last verified: February 16, 2026

Colorado State Income Tax

Table of Contents

Quick Reference

Does Colorado have income tax? Yes
Tax structure: Flat rate
Tax rates: 4.4%
Standard deduction (Single): N/A (Colorado uses federal taxable income)
Standard deduction (Married): N/A (Colorado uses federal taxable income)
Local income tax: No
Official source: https://tax.colorado.gov/individual-income-tax-guide

Key Takeaways

  • Residents: Colorado residents pay state income tax on income from all sources
  • Non-residents: Non-residents pay Colorado income tax only on Colorado-source income
  • Tax rates: Colorado applies a flat 4.4% tax rate to all taxable income for Tax Year 2025
  • Local income tax: No local jurisdictions in Colorado levy income taxes
  • Reciprocity: Colorado does not have reciprocal agreements with other states
  • Primary forms: DR 0104 (resident return), DR 0104PN (part-year resident/nonresident calculation schedule)

Quick Questions About Colorado Income Tax

What is the Colorado income tax rate for 2025?

Colorado has a flat income tax rate of 4.4% for Tax Year 2025. This single rate applies to all Colorado taxable income regardless of filing status or income level.

Does Colorado have state income tax?

Yes. Colorado imposes a state income tax on residents’ worldwide income and on non-residents’ Colorado-source income.

What are the income tax brackets in Colorado?

Colorado does not have tax brackets. The state uses a flat tax rate of 4.4% that applies to all levels of taxable income for Tax Year 2025.

Is Social Security taxed in Colorado?

Colorado allows a subtraction for Social Security benefits. Taxpayers age 65 or older can subtract the full amount of taxable Social Security benefits. Taxpayers age 55-64 can subtract up to $20,000 of combined pension/annuity income and Social Security benefits.

Does Colorado tax retirement income?

Colorado provides subtractions for certain retirement income. Taxpayers age 65+ can subtract up to $24,000 of pension and annuity income. Taxpayers age 55-64 can subtract up to $20,000. Military retirement pay up to $15,000 is exempt for recipients age 54 and younger.

Do I need to file a Colorado income tax return?

You must file a Colorado return if you are required to file a federal income tax return with the IRS for the tax year.

Source: https://tax.colorado.gov/individual-income-tax-guide


Colorado Income Tax Rates and Brackets (2026)

The following tax rates apply to income earned in 2025, reported on tax returns filed in 2026.

Rate Snapshot
Tax Attribute Amount/Status
Lowest Tax Rate 4.4%
Highest Tax Rate 4.4%
Tax Structure Flat rate
Number of Brackets 1 (single rate)
State Income Tax Yes
Local Income Tax No
Standard Deduction (Single) N/A (uses federal)
Standard Deduction (Married Filing Jointly) N/A (uses federal)
Personal Exemption None
Colorado Income Tax Brackets 2026
Single Filers
Taxable Income Tax Rate
All income 4.4%
Married Filing Jointly
Taxable Income Tax Rate
All income 4.4%
Married Filing Jointly
Taxable Income Tax Rate
All income 4.4%
Married Filing Separately
Taxable Income Tax Rate
All income 4.4%
Head of Household
Taxable Income Tax Rate
All income 4.4%

Note: Colorado uses a flat tax rate that applies equally to all filing statuses. Colorado taxable income is based on federal taxable income with certain additions and subtractions required by state law.

Source: https://tax.colorado.gov/sites/tax/files/documents/Book104_2025.pdf

Statutory Authority

State income tax in Colorado is authorized under the following legal framework:

Constitutional Authority:

  • Colorado Constitution, Article X, Section 17
  • Grants the General Assembly power to levy income taxes, either graduated or proportional, or both
  • Article X, Section 20 (Taxpayer’s Bill of Rights – TABOR)
  • Requires all taxable net income to be taxed at one rate (effective for tax law changes after July 1, 1992)
  • Prohibits graduated state income tax

Statutory Authority:

  • Colorado Revised Statutes, Title 39, Article 22
  • Specific sections include:
    • C.R.S. § 39-22-104: Income tax imposed on individuals, estates, and trusts – single rate
    • C.R.S. § 39-22-103: Definitions
    • C.R.S. § 39-22-301 through 39-22-346: General provisions for computation of tax
  • Available at: https://leg.colorado.gov

Administrative Regulations:

  • 1 CCR 201-2: Colorado Department of Revenue regulations implementing income tax statutes
  • Available through official state administrative code

Legislative History:

  • Income tax authority: Constitutional provision adopted 1936
  • Current flat rate structure: Mandated by TABOR amendment (1992)
  • Rate of 4.4%: Effective for tax years commencing on or after January 1, 2022
  • Prior rates: 4.55% (2020-2021), 4.50% (2019), 4.63% (2000-2018)

This page compiles information directly from these statutory and regulatory authorities as implemented by the Colorado Department of Revenue.

Source: https://tax.colorado.gov/individual-income-tax-guide and https://leg.colorado.gov

Who Must File Colorado Income Tax

Residents

Colorado tax law requires residents to file a state income tax return if:

  • A federal income tax return is required to be filed with the IRS, OR
  • The individual will have a Colorado income tax liability for the tax year

A Colorado resident is someone who maintains their domicile in Colorado or meets the state’s statutory residency test based on physical presence.

Source: https://tax.colorado.gov/individual-income-tax-guide

Part-Year Residents

Part-year residents must file if they were a Colorado resident for part of the year and:

  • Are required to file a federal income tax return, OR
  • Will have a Colorado income tax liability

Part-year residents report income earned during their period of Colorado residency plus income from Colorado sources earned while a non-resident.

Source: https://tax.colorado.gov/part-year-and-nonresident

Non-Residents

Non-residents must file if they:

  • Are required to file a federal income tax return, AND
  • Had income from Colorado sources during the tax year

Colorado-source income for non-residents includes:

  • Wages earned while physically working in Colorado
  • Business income from Colorado operations
  • Rental income from Colorado property
  • Income from Colorado partnerships or S corporations
  • Other income derived from Colorado sources

Source: https://tax.colorado.gov/income-tax-topics-part-year-residents-nonresidents

What Income Is Taxable in Colorado

Fully Taxable Income

Colorado taxable income begins with federal taxable income and includes:

  • Wages and salaries
  • Self-employment income
  • Business income
  • Investment income (interest, dividends, capital gains)
  • Retirement account distributions (401(k), IRA, pensions)
  • Rental income
  • Unemployment compensation
  • Gambling winnings

Source: https://tax.colorado.gov/individual-income-tax-guide

Social Security Benefits

Colorado allows a subtraction for Social Security benefits based on the taxpayer’s age:

Age 65 or older (as of December 31, 2025):

  • May subtract the full amount of Social Security benefits that are included in federal taxable income

Age 55-64 (as of December 31, 2025):

  • May subtract up to $20,000 of combined pension/annuity income and Social Security benefits
  • Social Security benefits count toward this $20,000 limit

Under age 55:

  • No subtraction available for Social Security benefits

Source: https://tax.colorado.gov/sites/tax/files/documents/ITT_Social_Security_Pensions_and_Annuities_Jan_2025.pdf

Military Retirement Pay

Colorado provides a subtraction for military retirement pay for recipients meeting age requirements:

Age 54 or younger (as of December 31, 2025):

  • May subtract up to $15,000 of military retirement benefits that are included in federal taxable income

Age 55 or older:

  • Military retirement income may qualify under the general pension and annuity subtraction (see below)

Source: https://tax.colorado.gov/sites/tax/files/documents/Book104_2025.pdf

Pension and Annuity Income

Colorado provides age-based subtractions for pension and annuity income:

Age 65 or older (as of December 31, 2025):

  • May subtract up to $24,000 of taxable pension and annuity income
  • This amount is reduced by any Social Security benefits subtraction claimed
  • If Social Security subtraction equals or exceeds $24,000, no pension subtraction is available

Age 55-64 (as of December 31, 2025):

  • May subtract up to $20,000 of combined pension/annuity income and Social Security benefits
  • This is a combined limit for both types of income
  • If Social Security subtraction equals or exceeds $20,000, no pension subtraction is available

Qualifying pension and annuity income includes:

  • Private pensions
  • Public pensions (federal, state, local government)
  • Certain IRA distributions
  • Annuity payments

Source: https://tax.colorado.gov/sites/tax/files/documents/ITT_Social_Security_Pensions_and_Annuities_Jan_2025.pdf


Colorado Income Tax Credits

Colorado offers the following major tax credits:

1. Colorado Earned Income Tax Credit (EITC)

The Colorado EITC helps low to moderate income working individuals and families.

Credit amount:

  • 50% of the federal EITC for Tax Year 2025
  • Refundable (excess credit is refunded to taxpayer)

Eligibility:

  • Generally must qualify for the federal EITC
  • Available to Colorado residents
  • Special provisions for ITIN filers and certain taxpayers under age 25 without qualifying children
  • Part-year residents must apportion the credit

Forms required:

  • DR 0104CR (Individual Credit Schedule), lines 3-6
  • DR 0104TN (if applicable for ITIN filers or filers under age 25)

Source: https://tax.colorado.gov/income-tax-topics-earned-income-tax-credit

2. Colorado Child Tax Credit

Refundable credit for Colorado families with young children.

Eligibility requirements:

  • Child must be under age 6 at the end of 2025 (born in 2019 or later)
  • Federal adjusted gross income limits:
    • Single filers: $75,000 or less
    • Married filing jointly: $85,000 or less
  • Child must be a qualifying child under federal tax law
  • Child does not need a Social Security Number to qualify
  • Available only to Colorado residents

Credit amount:

  • Varies based on income and number of qualifying children
  • See Form DR 0104CN for specific credit amounts

Forms required:

  • DR 0104CR (Individual Credit Schedule), line 1
  • DR 0104CN (Child Tax Credit Schedule)

Source: https://tax.colorado.gov/income-tax-topics-child-tax-credit

3. Family Affordability Tax Credit

New refundable credit for families with children under age 17 (available for Tax Years 2024 and 2025).

Eligibility requirements:

  • Child must be under age 17 at the end of 2025 (born in 2008 or later)
  • Federal adjusted gross income limits:
    • Single filers: $85,000 or less
    • Married filing jointly: $95,000 or less
  • Child must meet federal child tax credit requirements
  • Available only to Colorado residents

Credit amount:

  • Fixed amount per eligible child based on filing status and income
  • See Form DR 0104CN for specific credit amounts

Forms required:

  • DR 0104CR (Individual Credit Schedule), line 1
  • DR 0104CN (Child Tax Credit Schedule)

Source: https://tax.colorado.gov/income-tax-topics-family-affordability-tax-credit

4. Child and Dependent Care Expenses Credit

Credit for qualifying child and dependent care expenses.

Eligibility:

  • Federal adjusted gross income of $60,000 or less
  • Must have qualifying child and dependent care expenses
  • Must claim the federal child and dependent care credit

Forms required:

  • DR 0104CR (Individual Credit Schedule)
  • DR 0347 (Child Care Expenses Tax Credit calculation)

Source: https://tax.colorado.gov/sites/tax/files/documents/Book104_2025.pdf

5. Disability Assistance Credit

New credit for qualifying individuals with disabilities (available for Tax Years 2025 and later).

Eligibility:

  • Full-year Colorado resident
  • Qualified for full disability benefits through all of 2025 from a bona fide public or private plan
  • Federal adjusted gross income limits:
    • Single filers: $20,000 or less
    • Married filing jointly: $32,000 or less
  • Cannot be claimed as a dependent on another person’s return

Forms required:

  • DR 0104CR (Individual Credit Schedule)
  • DR 0104 or DR 0104EZ

Note: Taxpayers qualifying for both the Property Tax/Rent/Heat Rebate (PTC) and this credit should evaluate which provides greater benefit.

Source: https://tax.colorado.gov/dac

Additional Credits

Colorado offers numerous other credits including:

  • Credit for taxes paid to another state
  • Conservation easement tax credit
  • Wildfire mitigation measures credit
  • Early childhood educator credit
  • Advanced industry investment credit
  • Various business and job creation credits

For complete information on all available credits: https://tax.colorado.gov/Income-Tax-Credits

Source: https://tax.colorado.gov/sites/tax/files/documents/DR0104CR_2025.pdf

Filing Deadlines

Regular Deadline

April 15, 2026 for Tax Year 2025 returns

If April 15 falls on a weekend or legal holiday, the return is due the next business day.

Filing methods:

  • Electronic filing through Revenue Online or approved tax software (recommended)
  • Paper filing with postmark on or before April 15, 2026

Source: https://tax.colorado.gov/income-tax-due-dates-filing-extension

Extension Deadline

October 15, 2026

Colorado provides an automatic six-month extension of time to file. No extension form is required.

Extension requirements:

  • Pay at least 90% of the total tax liability by April 15, 2026
  • Any remaining balance will be subject to interest only (no late payment penalty if 90% paid)
  • Payment can be made through Revenue Online or by submitting Form DR 0158-I (Extension Payment Form)

Important: The extension is for filing only, not for payment. Interest accrues on any unpaid tax from April 15 until the date payment is made.

Source: https://tax.colorado.gov/income-tax-due-dates-filing-extension

Estimated Tax Payments

If you have income not subject to withholding and expect to owe more than $1,000 in Colorado income tax, quarterly estimated payments are required:

  • Q1: April 15, 2026
  • Q2: June 15, 2026
  • Q3: September 15, 2026
  • Q4: January 15, 2027

Safe harbor provisions:

You will not owe an estimated tax penalty if you pay at least:

  • 100% of the prior year’s net Colorado tax liability (if prior year was 12 months and federal AGI was $150,000 or less for single filers, $75,000 or less for married filing separately), OR
  • 110% of the prior year’s net Colorado tax liability (if prior year was 12 months and federal AGI exceeded the thresholds above), OR
  • 90% of the current year’s actual tax liability

Estimated tax forms:

  • DR 0104EP (Individual Estimated Income Tax Payment Form)

Source: https://tax.colorado.gov/sites/tax/files/documents/DR0104EP_2025.pdf

Filing Options for Colorado Income Tax

Online Filing (E-File)

Electronic filing is strongly recommended for faster processing and fewer errors.

Colorado Revenue Online:

IRS-Approved Tax Software:

  • TurboTax, H&R Block, TaxAct, and other approved software
  • Most software supporting federal returns also supports Colorado
  • May charge fees for state filing

Free File Options:

  • Revenue Online is free for all Colorado taxpayers
  • Some commercial software offers free filing for qualifying taxpayers

Source: https://tax.colorado.gov/press-release/2025-income-tax-returns

Paper Filing

Paper forms are available for taxpayers unable to file electronically.

Primary Forms:

Mailing Addresses:

With payment: Colorado Department of Revenue
Denver, Colorado 80261-0005

Without payment: Colorado Department of Revenue
Denver, Colorado 80261-0008

Note: These ZIP codes are exclusive to the Colorado Department of Revenue, so a street address is not required.

Source: https://tax.colorado.gov/sites/tax/files/documents/Book104_2025.pdf

Tax Preparer Options

Licensed tax professionals familiar with Colorado tax law include:

  • Certified Public Accountant (CPA)
  • Enrolled Agent (EA)
  • Tax Attorney

Source: https://tax.colorado.gov/individual-income-tax-guide

Local Income Taxes

Colorado does not permit local income taxes. Only state-level income tax applies.

The Colorado Constitution prohibits local governments from imposing income taxes.

Source: Colorado Constitution, Article X, Section 20(8)

Special Considerations for Colorado Income Tax

Remote Workers and Multi-State Taxation

Living in Colorado, Working for Out-of-State Employer

As a Colorado resident, you owe Colorado income tax on ALL income, regardless of where your employer is located.

What this means:

  • Employer location does NOT determine tax obligation
  • Income from employers in other states is taxable in Colorado
  • You must report all income on your Colorado resident return
  • Colorado law taxes residents on their worldwide income

Example: A Colorado resident working remotely for a California company owes Colorado income tax on that income, not California income tax (unless the employee physically works in California).

Source: https://tax.colorado.gov/individual-income-tax-guide

Working in Colorado, Living in Another State

Non-residents who perform work physically in Colorado owe Colorado income tax on income earned from Colorado sources.

Physical presence rule:

  • Income is sourced to Colorado based on where work is physically performed
  • Days worked in Colorado generate Colorado-source income
  • Days worked in your home state do not generate Colorado-source income

Example: A Wyoming resident who commutes to Colorado for work owes Colorado income tax on wages earned for days physically worked in Colorado.

Source: https://tax.colorado.gov/income-tax-topics-part-year-residents-nonresidents


⚠️ Interstate Tax Risk Indicator

Remote workers involving Colorado commonly encounter dual taxation complications with specific states:

Working with these states requires careful planning:

  • New York – Applies “convenience of employer” rule that may tax remote workers living outside NY but working for NY employers
  • California – Aggressive residency audits for extended work periods; no reciprocity with Colorado
  • Pennsylvania – Complex local income tax structure in addition to state tax; no reciprocity with Colorado
  • Connecticut – Complex credit system for taxes paid to other states
  • Massachusetts – Has applied telecommuter sourcing rules

Key issue: Colorado has no reciprocal agreements with any other state. This means:

  • Colorado residents working in other states must file returns in both states
  • Non-residents working in Colorado must file both Colorado non-resident and home state resident returns
  • Taxpayers claim a credit for taxes paid to other states on their resident state return

Source: https://tax.colorado.gov/income-tax-topics-part-year-residents-nonresidents


“Convenience of the Employer” Rule

Colorado does NOT apply a “convenience of the employer” rule.

Colorado sources income based solely on where work is physically performed, not based on employer convenience or preference.

What this means for Colorado residents:

  • If you live in Colorado and work remotely for an employer in a state that applies the convenience rule (such as New York), that other state may attempt to tax your income
  • You would owe Colorado income tax on all income as a resident
  • You can claim a credit on your Colorado return for taxes paid to the other state
  • This can result in complex multi-state filing requirements

Source: Colorado Department of Revenue guidance on sourcing rules


Reciprocal Agreements

Colorado does NOT have reciprocal agreements with other states.

This includes neighboring states such as:

  • Wyoming
  • Nebraska
  • Kansas
  • Oklahoma
  • New Mexico
  • Arizona
  • Utah

What this means:

  • Colorado residents working in other states cannot avoid filing non-resident returns in those states through reciprocity
  • Non-residents working in Colorado must file Colorado non-resident returns
  • Multi-state workers must file returns in multiple jurisdictions and claim credits for taxes paid to other states

Source: Colorado Department of Revenue and comparative state tax research


Multi-State Tax Filing

When earning income in multiple states:

Step 1: File a resident return in Colorado reporting all income from all sources

Step 2: File non-resident returns in other states where you earned income

Step 3: Claim a credit on your Colorado return for taxes paid to other states

Forms required:

  • DR 0104 (Colorado resident return)
  • DR 0104AD (Subtractions from Income Schedule – to claim credit for taxes paid to other states)
  • Non-resident returns for other states as applicable

Credit calculation: The credit for taxes paid to another state is limited to the lesser of:

  • The actual tax paid to the other state, OR
  • The amount of Colorado tax attributable to income from the other state

Source: https://tax.colorado.gov/sites/tax/files/documents/ITT_Credit_for_Tax_Paid_to_Another_State_Jan_2024.pdf


Tax Residency vs Domicile

Understanding the difference between residency and domicile is critical for determining Colorado tax obligations.

Domicile Defined

Domicile is your permanent legal home – the place you intend to return to indefinitely and consider “home.”

Key characteristics:

  • You can have only one domicile at a time
  • Domicile continues until you establish a new domicile elsewhere with intent to remain permanently
  • Intent to return is critical – temporary absences do not change domicile
  • You may be physically absent from your domicile for extended periods while maintaining it

Factors establishing domicile in Colorado:

  • Where you maintain your primary residence
  • Where you register to vote
  • Where you obtain your driver’s license
  • Where you register vehicles
  • Where you file homestead exemption
  • Where your family resides
  • Where you maintain bank accounts
  • Where you belong to social, religious, and professional organizations
  • Stated intent in legal documents (wills, trusts)

Source: https://tax.colorado.gov/part-year-and-nonresident

Residency Defined

Residency for Colorado tax purposes is determined by domicile. Colorado does not apply a statutory day-count test for residency.

Colorado residents include:

  • Individuals whose domicile is in Colorado
  • Individuals who maintain their permanent home in Colorado

Unlike some states, Colorado does NOT:

  • Count days of physical presence to determine residency
  • Impose a 183-day rule
  • Create statutory residency separate from domicile

Source: https://tax.colorado.gov/individual-income-tax-guide

Critical Differences
Factor Domicile Tax Residency (Colorado)
Number allowed One at a time Based on domicile
Based on Intent + connections Domicile
Changes when Establish new permanent home with intent Change domicile
Tax impact Determines resident state Same as domicile state

Common Scenarios

Scenario 1: Snowbirds

  • Domicile: Colorado (permanent home, family, voting)
  • Winter residence: Arizona (5 months/year)
  • Tax result: Colorado resident for full year (domicile unchanged)

Scenario 2: Extended temporary work assignment

  • Domicile: Colorado (permanent home, family remains)
  • Work assignment: Texas (8 months, rented apartment)
  • Tax result: Remain Colorado resident (domicile unchanged, temporary assignment)

Scenario 3: Permanent relocation

  • Previous domicile: California
  • New domicile: Colorado (purchased home, registered to vote, obtained CO driver’s license, family moved, intent to remain permanently)
  • Tax result: Part-year resident of both states (file part-year returns in each state)

Source: https://tax.colorado.gov/part-year-and-nonresident

Burden of Proof

If Colorado claims you are a resident and you dispute it, the burden typically falls on the taxpayer to prove non-residency or domicile in another state.

Common audit triggers:

  • Maintaining Colorado driver’s license while claiming residency elsewhere
  • Owning property in Colorado while claiming non-residency
  • Family remaining in Colorado while taxpayer works elsewhere
  • Voting in Colorado while claiming residence elsewhere
  • Professional licenses maintained in Colorado

Source: Colorado Department of Revenue audit procedures

Multi-State Residency Conflicts

It is possible to be considered a resident of two states simultaneously if each state’s rules independently classify you as resident.

Resolution:

  • File returns in both states reporting all income
  • Claim credit on domicile state return for taxes paid to the other state
  • May require professional tax assistance
  • Consider establishing clear domicile to avoid dual residency

Source: https://tax.colorado.gov/income-tax-topics-credit-for-tax-paid-to-another-state

Documentation Commonly Requested in Residency Audits

Colorado Department of Revenue may audit residency determinations. The following documentation types are commonly requested:

Primary Residency Evidence
Document Type What It Shows
Driver's License State of legal residence
Voter Registration Where you exercise voting rights
Vehicle Registration Where vehicles are domiciled
Professional Licenses State of professional domicile
Physical Presence Documentation
Document Type What It Shows
Day-Count Logs Physical location by day
Travel Records Interstate travel patterns
Credit Card Statements Geographic spending patterns
Cell Phone Records Location data from carrier
Toll Records State line crossings
Property and Financial Ties
Document Type What It Shows
Property Ownership Real estate holdings
Homestead Exemption Primary residence claim
Utility Bills Physical occupancy patterns
Home/Rental Lease Residence location
Bank Statements Financial institution location
Social and Family Connections
Document Type What It Shows
Family Location Where spouse/children reside
Medical Records Where you receive regular care
Religious Affiliation Place of worship attendance
Club Memberships Social/recreational ties
Employment Documentation
Document Type What It Shows
W-2 Forms Employer location, wages
Employment Contract Work location requirements
Remote Work Agreement Authorization to work remotely
Intent Documentation
Document Type What It Shows
Will/Estate Documents Stated domicile for estate purposes
Tax Returns Prior year residency claims
Insurance Policies Address on file with insurers

Common patterns that trigger Colorado residency audits:

  • Claiming non-residency while maintaining Colorado driver’s license
  • Owning property in Colorado while filing as non-resident
  • Spouse/children residing in Colorado while taxpayer claims other domicile
  • High-income individuals claiming non-residency
  • Inconsistent residency claims across multiple states

Burden of proof: In residency disputes, the burden typically falls on the taxpayer to prove non-residency or domicile elsewhere.

Source: Colorado Department of Revenue audit procedures and C.R.S. § 39-22-103

Note: This section provides factual information about documentation types commonly requested. It does not constitute legal or tax advice.

Military Personnel

Servicemembers Civil Relief Act (SCRA)

Active duty military members stationed in Colorado due to military orders:

  • Do NOT become Colorado residents solely due to military orders
  • Pay income tax to their state of legal residence (domicile)
  • Are not subject to Colorado income tax on military pay
  • Maintain their home state residency regardless of Colorado duty station

Military Spouses Residency Relief Act (MSRRA):

Spouses of active duty military can maintain their home state residency and are not taxed by Colorado on income earned in Colorado if:

  • Spouse is in Colorado solely to be with the servicemember
  • Servicemember is in Colorado under military orders
  • Spouse maintains domicile in another state

Withholding exemption:

  • Military spouses qualifying under MSRRA should provide their employer with documentation to avoid Colorado withholding
  • Spouse maintains home state tax obligations

Source: https://tax.colorado.gov/income-tax-topics-military-servicemembers

Military Retirement Pay

Colorado provides a subtraction for military retirement pay:

Eligibility:

  • Must be age 54 or younger as of December 31, 2025
  • Military retirement benefits must be included in federal taxable income

Subtraction amount:

  • Up to $15,000 of taxable military retirement benefits may be subtracted
  • The subtraction is the lesser of $15,000 or total taxable military retirement benefits

Age 55 or older:

  • Military retirement benefits may qualify under the general pension and annuity subtraction
  • See pension subtraction amounts based on age (up to $20,000 for age 55-64, up to $24,000 for age 65+)

Reporting:

  • Claim subtraction on Form DR 0104AD (Subtractions from Income Schedule)
  • Military retirement benefits should not be intermingled between spouses
  • Each spouse must meet requirements separately

Source: https://tax.colorado.gov/sites/tax/files/documents/Book104_2025.pdf

What Military Members DO Owe Tax On

Military members who are Colorado residents (domicile in Colorado) owe Colorado income tax on:

  • Non-military income earned in Colorado
  • Investment income
  • Rental income from Colorado property
  • Business income
  • Spouse’s income (if spouse does not qualify under MSRRA)

Source: https://tax.colorado.gov/income-tax-topics-military-servicemembers

Retirees

Social Security Benefits

Colorado allows subtraction for Social Security benefits based on age:

Age 65 or older (as of December 31, 2025):

  • May subtract the full amount of Social Security benefits that are included in federal taxable income
  • No dollar limit on subtraction

Age 55-64 (as of December 31, 2025):

  • May subtract up to $20,000 of combined pension/annuity income and Social Security benefits
  • Social Security benefits count toward this $20,000 combined limit

Under age 55:

  • No subtraction available for Social Security benefits

Joint returns:

  • Each spouse’s Social Security benefits must be calculated separately
  • Spouses may have different age-based limits

Source: https://tax.colorado.gov/sites/tax/files/documents/ITT_Social_Security_Pensions_and_Annuities_Jan_2025.pdf

Pension Income

Private Pensions:

Age-based subtractions apply:

  • Age 65+: Up to $24,000 subtraction
  • Age 55-64: Up to $20,000 subtraction (combined with Social Security)
  • Subtraction amount reduced by any Social Security subtraction claimed

Public Pensions:

Federal, state, and local government pensions qualify for the same age-based subtractions as private pensions:

  • Age 65+: Up to $24,000 subtraction
  • Age 55-64: Up to $20,000 subtraction (combined with Social Security)

PERA/DPSRS:

Colorado Public Employees’ Retirement Association (PERA) and Denver Public Schools Retirement System (DPSRS) benefits receive special treatment for contributions made during specific periods.

Source: https://tax.colorado.gov/sites/tax/files/documents/ITT_Social_Security_Pensions_and_Annuities_Jan_2025.pdf

Retirement Account Distributions

401(k) and Traditional IRA:

Distributions are included in federal taxable income and therefore in Colorado taxable income. Age-based pension and annuity subtractions may apply:

  • Age 65+: Up to $24,000 subtraction for qualifying distributions
  • Age 55-64: Up to $20,000 subtraction for qualifying distributions (combined with Social Security)

Roth IRA:

Qualified distributions from Roth IRAs are not included in federal taxable income and therefore are not taxed by Colorado.

Required Minimum Distributions (RMDs):

RMDs from traditional retirement accounts are taxable but may qualify for age-based pension and annuity subtractions.

Source: https://tax.colorado.gov/individual-income-tax-guide

Students

College students attending school in Colorado do NOT automatically become Colorado residents for tax purposes.

You remain a non-resident if:

  • You maintain legal residence (domicile) in another state
  • Your presence in Colorado is temporary for educational purposes
  • You intend to return to your home state after graduation
  • You maintain ties to your home state (driver’s license, voter registration, etc.)

You owe Colorado tax only on Colorado-source income:

  • Wages earned from working in Colorado
  • Income from Colorado sources
  • Scholarships/fellowships may be taxable depending on use (consult IRS Publication 970)

Establishing Colorado residency as a student:

Students CAN become Colorado residents if they take affirmative steps to establish domicile:

  • Register to vote in Colorado
  • Obtain Colorado driver’s license
  • Register vehicles in Colorado
  • Purchase property in Colorado
  • Maintain continuous presence beyond educational purposes
  • Demonstrate intent to make Colorado permanent home

Source: https://tax.colorado.gov/part-year-and-nonresident

Part-Year Residents

If you moved TO or FROM Colorado during 2025, you must file as a part-year resident.

Income allocation:

  • Report income earned while a Colorado resident
  • Report income from Colorado sources earned while a non-resident
  • Exclude income earned while a resident of another state (unless from Colorado sources)

Moving TO Colorado:

  • Determine Colorado residency start date (day you established domicile)
  • Report all income from that date forward
  • File non-resident return in former state for income earned before moving

Moving FROM Colorado:

  • Determine Colorado residency end date (day you established domicile elsewhere)
  • Report all income through that date to Colorado
  • File resident or part-year resident return in new state for income after moving

Form required:

  • DR 0104 (Colorado Individual Income Tax Return)
  • DR 0104PN (Part-Year Resident/Nonresident Tax Calculation Schedule)

Credit and deduction allocation:

  • Tax credits and subtractions are generally allocated based on the period of Colorado residency
  • Some credits and subtractions require apportionment using the percentage from line 34 of Form DR 0104PN

Source: https://tax.colorado.gov/income-tax-topics-part-year-residents-nonresidents

Common Tax Filing Situations

These are factual clarifications based on official Colorado guidance and tax law.

Situation: “My employer is in another state, so I don’t owe Colorado tax”

Colorado law: Colorado residents owe tax on all income regardless of employer location. Employer location does not determine tax obligation. Residents are taxed on worldwide income.

Source: https://tax.colorado.gov/individual-income-tax-guide


Situation: “I work remotely full-time, so I don’t owe tax anywhere”

Tax law principle: All income is taxable in at least one jurisdiction. Remote work does not exempt income from taxation. Residents owe tax to their state of residence; non-residents owe tax to states where income is sourced.

Source: IRS Publication 17 and Colorado Department of Revenue guidance


Situation: “I’m a part-year resident, so I owe half the tax”

Colorado law: Part-year residents owe tax only on income earned during their Colorado residency period plus income from Colorado sources. This is not a simple percentage reduction—it requires actual allocation of income by source and time period using Form DR 0104PN.

Source: https://tax.colorado.gov/income-tax-topics-part-year-residents-nonresidents


Situation: “I spent less than 183 days in Colorado, so I’m not a resident”

Colorado law: Colorado does not use a day-count test for residency. Residency is determined by domicile—where you maintain your permanent home with intent to return. Physical presence is only one factor in determining domicile.

Source: https://tax.colorado.gov/part-year-and-nonresident


Situation: “Colorado doesn’t have reciprocity, so I’ll be double-taxed”

Tax law principle: While Colorado has no reciprocal agreements, double taxation is prevented through the credit for taxes paid to other states. Residents claim a credit on their Colorado return for taxes paid to other states on the same income.

Source: https://tax.colorado.gov/income-tax-topics-credit-for-tax-paid-to-another-state


Situation: “I’m retired and over 65, so I don’t owe Colorado income tax”

Colorado law: Being over 65 and retired does not eliminate Colorado income tax liability. However, Colorado provides generous subtractions for Social Security benefits (full amount for age 65+) and pension income (up to $24,000 for age 65+), which may significantly reduce or eliminate tax owed.

Source: https://tax.colorado.gov/sites/tax/files/documents/ITT_Social_Security_Pensions_and_Annuities_Jan_2025.pdf

Forms & Publications

Primary Tax Return Forms

Resident return:

Part-year resident/non-resident:

Simplified return (limited eligibility):

Common Schedules and Attachments

Subtractions from income:

  • Form DR 0104AD: Subtractions from Income Schedule
  • Use for: Pension/annuity subtraction, Social Security subtraction, credit for taxes paid to other states, and other subtractions

Tax credits:

  • Form DR 0104CR: Individual Credit Schedule
  • Use for: Earned Income Tax Credit, child tax credit, and other credits
  • Form DR 0104CN: Child Tax Credit Schedule
  • Use for: Child tax credit and family affordability tax credit calculations
  • Form DR 0104TN: Colorado EITC Schedule for ITIN Filers or Certain Filers Under Age 25
  • Form DR 0347: Child Care Expenses Tax Credit

Alternative Minimum Tax:

  • Form DR 0104AMT: Colorado Alternative Minimum Tax Computation Schedule

Withholding Forms

Employee withholding:

  • Form DR 0004: Colorado Employee Withholding Certificate (equivalent to federal W-4)
  • Employees submit to employer to determine Colorado withholding

Employer withholding:

Payment and Extension Forms

Estimated tax payments:

  • Form DR 0104EP: Individual Estimated Income Tax Payment Form
  • Use for quarterly estimated payments

Extension payment:

  • Form DR 0158-I: Extension of Time for Filing Individual Income Tax Payment Form
  • Use when making payment with extension (no form required to take extension itself)

Payment voucher:

  • Form DR 0900: Individual Payment Form
  • Use when making payment separate from return

Exemption Certificates

Colorado does not have reciprocal agreements with other states, so no reciprocity exemption forms are needed.

Military spouse exemption:

  • Military spouses qualifying under MSRRA should provide appropriate documentation to employer

Key Publications

General guidance:

Topic-specific publications:

Where to Submit Paper Returns

Returns with payment: Colorado Department of Revenue
Denver, Colorado 80261-0005

Returns without payment: Colorado Department of Revenue
Denver, Colorado 80261-0008

Note: These ZIP codes are exclusive to the Colorado Department of Revenue, so a street address is not required. Do not send cash.

Estimated tax payments: Colorado Department of Revenue
Denver, Colorado 80261-0008

Source: https://tax.colorado.gov/sites/tax/files/documents/Book104_2025.pdf

Penalties and Interest

Late Filing Penalty

Colorado imposes a penalty for failure to file a return by the due date (including extensions).

Penalty rate:

  • 5% of the unpaid tax per month or partial month
  • Maximum penalty: 12 months (60% of unpaid tax)

Avoidance:

  • File return by the due date (April 15) or extended due date (October 15)
  • Penalties apply only to unpaid tax, not to the total tax liability

Source: C.R.S. § 39-21-118

Late Payment Penalty

Colorado imposes a penalty for failure to pay tax by the due date.

Penalty rate:

  • 5% of the unpaid tax per month or partial month
  • Maximum penalty: 12 months (60% of unpaid tax)

Avoidance:

  • Pay at least 90% of total tax liability by April 15 to avoid penalty (even if taking extension to file)
  • Remaining balance will be subject to interest only if 90% paid by deadline

Source: C.R.S. § 39-21-118

Interest on Unpaid Tax

Interest accrues on unpaid tax from the original due date (not including extensions) until paid.

Interest rate:

  • Tax Year 2025: 12% per year (for dates in 2025)
  • Tax Year 2026: 11% per year (for dates in 2026)
  • Interest rate may change annually

Computation:

  • Interest is compounded and calculated on a daily basis
  • Accrues even if an extension to file is granted

Discounted rate:

  • Available if taxpayer pays tax in full before issuance of notice of deficiency
  • Available if taxpayer pays tax in full within 30 days of notice of deficiency

Source: https://tax.colorado.gov/individual-income-tax-guide

Underpayment of Estimated Tax Penalty

If you have income not subject to withholding, you may owe a penalty for underpaying estimated taxes.

When penalty applies:

  • Did not pay sufficient estimated tax throughout the year
  • Total estimated payments plus withholding are less than required amounts
  • Colorado tax liability exceeds $1,000

Safe harbor – penalty avoided if you paid:

  • 110% of prior year’s tax (if prior year was 12 months and federal AGI exceeded $150,000 for single/$75,000 for married filing separately), OR
  • 100% of prior year’s tax (if prior year was 12 months and federal AGI was $150,000 or less for single/$75,000 or less for married filing separately), OR
  • 90% of current year’s actual tax liability

Calculation:

  • Penalty is calculated as interest on the underpayment from the due date of each quarterly payment
  • Use Form DR 0204 (Underpayment of Estimated Tax) to calculate penalty
  • Withholding is treated as paid equally throughout the year unless taxpayer establishes actual dates

Source: https://tax.colorado.gov/sites/tax/files/documents/DR0104EP_2025.pdf

Penalty Abatement

Reasonable cause: Colorado may abate penalties if failure to file or pay was due to reasonable cause and not willful neglect. Taxpayers must request abatement in writing with supporting documentation.

Source: C.R.S. § 39-21-118

TABOR Refunds and State Sales Tax Refunds

Colorado’s Taxpayer’s Bill of Rights (TABOR) is a constitutional provision that limits state revenue growth and requires refunds when revenue exceeds the limit.

About TABOR

Constitutional authority: Colorado Constitution, Article X, Section 20

Key provisions:

  • Limits annual increases in state revenue based on inflation and population growth
  • Requires voter approval for tax increases
  • Mandates refund of revenue collected above the limit
  • Requires all taxable income to be taxed at one rate (prohibits graduated/progressive income tax)

Revenue limit calculation: Prior year’s revenue limit × (1 + inflation rate + population growth rate)

TABOR Refunds for Tax Year 2024

For Tax Year 2024 (returns filed in 2025), Colorado taxpayers received TABOR refunds through:

Temporary income tax rate reduction:

  • Tax rate reduced from 4.4% to 4.25% for Tax Year 2024 only
  • Automatically applied to all 2024 filers

Sales tax refunds:

  • Eligible full-year Colorado residents could claim sales tax refunds
  • Amount based on filing status
  • Claimed on income tax return (Form DR 0104) or Property Tax/Rent/Heat Rebate application (Form DR 0104PTC)

TABOR Refunds for Tax Year 2025

Status: Information for Tax Year 2025 TABOR refunds will be determined based on state revenue collected during the 2025 fiscal year.

Check for updates: https://tax.colorado.gov/TABOR

How refunds are distributed: TABOR refunds can be distributed through:

  • Temporary income tax rate reductions
  • Sales tax refunds claimed on income tax returns
  • Property tax reductions
  • Other mechanisms as determined by the General Assembly

Source: https://tax.colorado.gov/TABOR

Information Verification Log

Information Type Source Last Verified
Tax rates and brackets https://tax.colorado.gov/sites/tax/files/documents/Book104_2025.pdf February 16, 2026
Pension/annuity subtraction amounts https://tax.colorado.gov/sites/tax/files/documents/ITT_Social_Security_Pensions_and_Annuities_Jan_2025.pdf February 16, 2026
Military retirement subtraction https://tax.colorado.gov/sites/tax/files/documents/Book104_2025.pdf February 16, 2026
Tax credits https://tax.colorado.gov/income-tax-topics-earned-income-tax-credit February 16, 2026
Filing deadlines https://tax.colorado.gov/income-tax-due-dates-filing-extension February 16, 2026
Forms and publications https://tax.colorado.gov/individual-income-tax-forms February 16, 2026
Statutory authority https://leg.colorado.gov and https://tax.colorado.gov February 16, 2026

Official Colorado Income Tax Resources

All information on this page is compiled exclusively from official government sources.

Colorado Department of Revenue – Taxation Division

Colorado Tax Code and Regulations

  • Colorado Revised Statutes, Title 39, Article 22 (Income Tax): https://leg.colorado.gov
  • Colorado Administrative Code, 1 CCR 201-2: Regulations implementing income tax statutes
  • Legislative Updates: https://leg.colorado.gov
  • Colorado Constitution, Article X: Revenue and taxation provisions

Contact Information

Colorado Department of Revenue – Taxation Division:

Phone: (303) 238-7378
Hours: Monday-Friday, 8:00 AM – 4:30 PM Mountain Time
Email: Available through secure messaging via Revenue Online
Address:
Colorado Department of Revenue
Taxpayer Service Group
PO Box 17087
Denver, CO 80217-0087

Revenue Online Support:

  • Online filing assistance available through Revenue Online at https://colorado.gov/RevenueOnline
  • Create an account to file returns, make payments, check refund status, and send secure messages

Where’s My Refund:

  • Check refund status at: https://tax.colorado.gov (click “Where’s My Refund” banner)
  • Have your Social Security Number and exact refund amount ready

Office Locations: The Colorado Department of Revenue operates a central office in Denver. In-person assistance is limited. Taxpayers are encouraged to use online resources and phone support.

Source: https://tax.colorado.gov/contact-us

Free Tax Assistance

VITA (Volunteer Income Tax Assistance):

Free tax help for taxpayers who:

  • Make $67,000 or less
  • Have disabilities
  • Speak limited English

Find locations: https://tax.colorado.gov/community-tax-help
IRS VITA Locator: https://irs.treasury.gov/freetaxprep/

TCE (Tax Counseling for the Elderly):

Free tax help for taxpayers age 60 and older

Find locations: https://tax.colorado.gov/community-tax-help
IRS TCE information: https://irs.treasury.gov/freetaxprep/

AARP Tax-Aide:

Free tax assistance program operated by AARP Foundation

Find locations: https://www.aarp.org/money/taxes/aarp_taxaide/
Call: 1-888-227-7669

2-1-1 Helpline:

Information and referral service for community resources including free tax preparation assistance

Call: 2-1-1 or 1-866-760-6489
Text: ZIP code to 898-211
Website: https://www.211colorado.org

Source: https://tax.colorado.gov/community-tax-help

Where to Check for Updates

Current tax rate tables: https://tax.colorado.gov/individual-income-tax-guide
Updated annually, typically published in December/January

Forms library: https://tax.colorado.gov/individual-income-tax-forms
Tax year forms available starting late December/early January each year

Legislative changes:

Administrative guidance:

Taxpayer notices:

Email subscription: Not currently available for automated updates – check website periodically

TABOR refund information:

Note: This page will be reviewed and updated in January 2027 for Tax Year 2026. For real-time updates, always consult the official Colorado Department of Revenue website.

Source: https://tax.colorado.gov

Tax Glossary

Adjusted Gross Income (AGI): Total income minus specific adjustments (e.g., IRA contributions, student loan interest). Used as the starting point for calculating federal taxable income. Colorado uses federal AGI as part of its tax calculation.

Alternative Minimum Tax (AMT): A parallel tax system that ensures taxpayers pay a minimum amount of tax. Colorado AMT is based on federal AMT and computed using Form DR 0104AMT.

Apportionment: For part-year residents and non-residents, the method of allocating income between Colorado and other states. Calculated on Form DR 0104PN.

Colorado Taxable Income: Federal taxable income modified by Colorado-specific additions and subtractions. Also called “modified federal taxable income.”

Domicile: Your permanent legal home – the place you intend to return to indefinitely. Determines residency for Colorado tax purposes.

Estimated Tax: Tax paid on income not subject to withholding through quarterly payments. Required if you expect to owe more than $1,000.

Federal Taxable Income: Adjusted gross income minus the greater of standard deduction or itemized deductions (and minus personal exemptions for tax years before 2018). Starting point for Colorado income tax calculation.

Filing Status: Category determining tax calculation (Single, Married Filing Jointly, Married Filing Separately, Head of Household, Qualifying Surviving Spouse). Must be same on federal and Colorado returns.

Flat Tax: A single tax rate applied to all income levels. Colorado uses a flat rate of 4.4% for Tax Year 2025.

Modified Federal Taxable Income: See “Colorado Taxable Income” – these terms are used interchangeably in Colorado tax law.

Non-Resident: Individual who does not maintain domicile in Colorado but has income from Colorado sources.

Part-Year Resident: Individual who moved into or out of Colorado during the tax year.

Reciprocity: Agreement between states where residents working across state lines pay tax only to their state of residence. Colorado has no reciprocal agreements.

Resident: Individual who maintains domicile in Colorado. Colorado residents are taxed on worldwide income.

Standard Deduction: Fixed dollar amount subtracted from income before calculating tax (on federal return). Colorado does not have a separate state standard deduction – it uses federal taxable income as its starting point.

Statutory Resident: Some states create residency based on physical presence (day count). Colorado does not use a statutory residency test – only domicile determines residency.

Subtraction: Amount deducted from federal taxable income when calculating Colorado taxable income. Examples include pension/annuity income, Social Security benefits, and military retirement pay.

TABOR (Taxpayer’s Bill of Rights): Colorado constitutional amendment (Article X, Section 20) that limits government revenue growth and requires voter approval for tax increases. Also requires all taxable income to be taxed at one rate.

Tax Credit: Dollar-for-dollar reduction in tax owed (e.g., $500 credit reduces tax by $500). Refundable credits can result in refunds exceeding tax paid.

Withholding: Tax deducted from your paycheck by your employer and sent to the state on your behalf throughout the year.

Update History

This section documents all material changes to Colorado income tax information on this page.

February 2026 – Initial Publication

  • Published comprehensive Colorado income tax guide for Tax Year 2025
  • Tax rate: 4.4% flat rate
  • Standard pension/annuity subtractions: $24,000 (age 65+), $20,000 (age 55-64)
  • Military retirement subtraction: $15,000 (age 54 and under)
  • Colorado EITC: 50% of federal EITC
  • All sections verified from official government sources
  • Source: Colorado Department of Revenue publications dated January 2026

Tax Year 2025 Legislative Changes

New credits and subtractions:

  • Disability Assistance Credit – new for Tax Year 2025
  • Family Affordability Tax Credit – available for Tax Years 2024 and 2025
  • CollegeInvest contribution subtraction limits increased to $25,400 (single)/$38,100 (joint)
  • ABLE contribution subtraction limits increased to $25,400 (single)/$38,100 (joint)

Modified credits:

  • Child Tax Credit AGI limits increased
  • Early Childhood Educator Credit amounts increased
  • Wildfire Mitigation Measures Credit – modified rules effective 2025

Source: https://tax.colorado.gov/december-2025-updates

Verification Schedule

  • Annual Update: January (new tax rates and legislative changes)
  • Mid-Year Review: June/July (legislative session changes)
  • Continuous Monitoring: TABOR refund changes, emergency legislation
  • Source Link Check: Quarterly (all official URLs verified functional)

Last comprehensive verification: February 16, 2026
Next scheduled review: January 2027

Others

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current