2022 Colorado Code
Title 39 - Taxation
Article 23.5 - Colorado Estate Tax
§ 39-23.5-103. Tax on Transfer of Gross Estate of Domiciliaries - Amount - Credit - Property of a Domiciliary Defined

Universal Citation: CO Code § 39-23.5-103 (2022)
  1. A tax in the amount of the federal credit is imposed on the transfer of the gross estate of every domiciliary. For Colorado estate tax purposes, no credit for taxes is allowable in determining such federal credit other than the unified credit.
  2. If any property of a domiciliary is subject to a death tax imposed by another state or states for which a credit is allowable under section 2011 of the internal revenue code, the amount of the tax due under this article shall be reduced by the lesser of:
    1. The amount of the death tax paid the other state which is allowed as a credit against the federal estate tax; or
    2. An amount determined by multiplying the federal credit by a fraction, the numerator of which is the value of the domiciliary's gross estate less the value of the property of a domiciliary, as defined in subsection (3) of this section, that is included in the domiciliary's gross estate and the denominator of which is the value of the domiciliary's gross estate.
  3. Property of a domiciliary includes real property held in trust or otherwise that is not situated in some other state; tangible personal property except that which has an actual situs in some other state; and all intangible personal property, wherever the notes, bonds, stock certificates, or other evidence, if any, thereof may be physically located or wherever the banks or other debtors thereof may be located or domiciled; except that real property in a personal trust shall not be taxed if such real property has an actual situs in some other state.

Source: L. 79: Entire article added, p. 1432, § 16, effective July 3. L. 83: (1) and (2) amended, p. 1533, § 2, effective July 1. L. 92: (1) and (3) amended, p. 2248, § 3, effective July 1.

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