Educational information, not personal tax, legal or investment advice.
Colorado at a glance
- Starting point
- Federal taxable income, followed by Colorado additions and subtractions.
- Income-tax rate
- 4.4% statutory rate. Temporary reductions are possible; do not treat a planning estimate as a final return calculation.
- Qualified Roth withdrawals
- Excluded from federal income, so they do not enter Colorado’s starting tax base.
- Retirement-income subtraction
- Ordinarily up to $20,000 at ages 55–64 or $24,000 at 65+, per person. Social Security and other qualifying retirement income share the allowance.
- Two points to investigate
- A conversion can reduce an income-tested subtraction. A federally permitted 529-to-Roth rollover can also trigger Colorado deduction recapture.
- Creditor protection
- Colorado expressly protects owner Traditional and Roth IRAs under its retirement exemption, with important exceptions.
Sources and rule details
C.R.S. §39-22-104(1.7)(c), (2), 2026 edition, printed p.691; C.R.S. §39-22-104(2), 2026 edition, printed p.691; C.R.S. §39-22-104(4)(f)(I), 2026 edition, printed p.697; C.R.S. §39-22-104(4)(f)(III)(A), 2026 edition, printed p.698; IRS Publication 590-A (2025), Converting From Any Traditional IRA Into a Roth IRA, Income; IRS Publication 590-B (2025), Roth IRAs, Are Distributions Taxable?; Rule 39-22-104(4)(f)(4)(b), printed p.18; Rule 39-22-104(4)(f)(2)(a)(i), printed p.16; Rule 39-22-104(4)(f)(2)(a)(ii), printed p.16; IRS Roth comparison chart, Taxation of withdrawals, Designated Roth column; CollegeInvest Direct Portfolio disclosure, PDF p. 57 (printed p. 46); CollegeInvest official tax-advantages page, footnote 1; 2026 C.R.S. 13-54-102(1)(s), printed pp. 1241-1242; 2026 C.R.S. 13-54-102(1), printed p. 1239.
Three Roth moves, three different tax questions
| Your action | In plain English | Colorado income-tax starting point |
|---|---|---|
| Contribute | Put new savings into a Roth IRA. | No federal deduction for the Roth contribution, and no corresponding deduction in Colorado’s starting base. |
| Convert | Move existing Traditional IRA money into a Roth IRA. | The federally taxable part enters income. Colorado adjustments may change the state-taxable amount. |
| Withdraw | Take money out of the Roth IRA. | A federally qualified withdrawal is excluded. Other withdrawals require the federal ordering and qualification rules. |
A conversion is not a new annual contribution. And the amount transferred is not necessarily the amount taxed: properly recorded federal nondeductible contributions can represent money already taxed.
Sources and rule details
IRS Publication 590-A (2025), Roth IRAs; IRS Publication 590-A (2025), Converting From Any Traditional IRA Into a Roth IRA, Income; IRS Roth comparison chart, Contributions row, Designated Roth 401(k) column; IRS Roth comparison chart, Contributions row, Pre-tax 401(k) column; IRS Roth comparison chart, Taxation of withdrawals, Designated Roth column; Rule 39-22-104(4)(f)(4)(q), printed p.19; entry under benefits that do not qualify; Rule 39-22-104(4)(f)(4)(b), printed p.18; C.R.S. §39-22-104(1.7)(c), (2), 2026 edition, printed p.691; C.R.S. §39-22-104(2), 2026 edition, printed p.691; IRS Publication 590-B (2025), Roth IRAs, Are Distributions Taxable?.
For 2026, the combined annual Traditional-plus-Roth IRA contribution limit is $7,500, or $8,600 if you are 50 or older. Eligible compensation and other rules can make your actual limit lower. A Roth withdrawal is generally qualified only after the Roth IRA’s five-tax-year period and an applicable qualifying event, such as reaching age 59½. Regular contributions come out first under the federal ordering rules; that does not make every withdrawal qualified.
Sources and rule details
IRS Notice 2025-67, pp. 4-5; IRS Publication 590-A (2025), Roth IRA contribution limits; 8 CCR 1508-3.8.1(A), PDF p. 9; IRS Publication 590-B (2025), Roth IRAs, Are Distributions Taxable?; Rule 39-22-104(4)(f)(4)(b), printed p.18; IRS Roth comparison chart, Taxation of withdrawals, Designated Roth column.
One retirement-income allowance—not one per account
A subtraction removes qualifying income from the Colorado tax calculation. It is not a credit that pays the same number of dollars toward your tax bill.
Colorado’s ordinary retirement-income allowance is up to $20,000 for someone who is 55–64 at year-end, or $24,000 for someone 65 or older. It cannot exceed qualifying income included federally. Each spouse has a separate allowance; you cannot transfer an unused portion to the other spouse.
Sources and rule details
Rule 39-22-104(4)(f)(2)(a)(i), printed p.16; Rule 39-22-104(4)(f)(2)(a)(ii), printed p.16; Rule 39-22-104(4)(f)(2)(b), printed p.16; C.R.S. §39-22-104(4)(f)(I), 2026 edition, printed p.697; C.R.S. §39-22-104(4)(f)(III)(C), 2026 edition, printed p.698; C.R.S. §39-22-107(2), 2026 edition, printed p.719.
Think of the allowance as a shared annual budget
Social Security and other qualifying retirement income draw on the same allowance. At age 65 or older, $10,000 of federally taxable Social Security leaves at most $14,000 of the ordinary $24,000 allowance for other qualifying pension or IRA income.
If federally taxable Social Security is $30,000, the expanded rule allows that entire Social Security amount to be subtracted—but it does not leave another $24,000 for a pension or conversion.
Use the Social Security amount included in federal income, not the total benefits deposited into your bank account.
Sources and rule details
C.R.S. §39-22-104(4)(f)(III)(B), 2026 edition, printed p.698; C.R.S. §39-22-104(4)(f)(I), 2026 edition, printed p.697; Rule 39-22-104(4)(f)(2)(a)(i), printed p.16; Rule 39-22-104(4)(f)(2)(a)(ii), printed p.16.
Can an IRA conversion use what is left? A properly completed taxable Traditional-IRA-to-Roth conversion appears eligible once the owner meets Colorado’s year-end age test. That is an interpretation of the IRA-distribution and early-distribution rules—not an express Colorado ruling about conversions. Confirm the treatment for your transaction before relying on the subtraction, especially at ages 55–59½. Do not assume a workplace-plan or in-plan conversion follows the same path.
Sources and rule details
Rule 39-22-104(4)(f)(1)(c)(i), printed p.15; additional qualifying nonperiodic benefits; Rule 39-22-104(4)(f)(2)(c), printed p.16; Rule 39-22-104(4)(f)(2)(a)(i), printed p.16; Rule 39-22-104(4)(f)(2)(a)(ii), printed p.16; IRS Publication 590-A (2025), IRA-to-Roth conversion; C.R.S. §39-22-104(4)(f)(I), 2026 edition, printed p.697.
When a conversion reduces a Social Security subtraction
Since 2025, someone aged 55–64 can subtract all federally taxable Social Security when current-year adjusted gross income (AGI) is no more than $75,000 filing individually or $95,000 jointly. AGI is an income measure from the federal return; it is not Colorado taxable income after state subtractions.
Above that gate, the ordinary $20,000 shared allowance applies. If taxable Social Security is greater than $20,000, the extra subtraction disappears at once. That is an income cliff, not a gradual phaseout. The age-65-and-older Social Security rule does not have this income gate.
Sources and rule details
Meet a hypothetical single Colorado resident, age 60 at year-end, who is entitled to Social Security benefits. In 2026, they have $30,000 of benefits and $49,500 of other ordinary income that is not a pension. Their federally taxable Social Security is $25,500, making AGI exactly $75,000. Now they complete a fully taxable $1,000 IRA conversion.
Assumptions: full-year Colorado residence; not blind or claimable as a dependent; unchanged $16,100 standard deduction; benefits equal net SSA-1099 box 5, with no repayments or prior-year lump-sum election; no tax-exempt interest, other pension, income adjustments, special deductions, credits, alternative minimum tax, withholding or benefit changes. The federal Social Security worksheet still produces $25,500 after the conversion. Age 60 by itself does not establish Social Security eligibility.
Sources and rule details
C.R.S. §39-22-104(1.7)(c), 2026 edition, printed p.691; C.R.S. §39-22-104(4)(f)(III)(A), 2026 edition, printed p.698; Rule 39-22-104(4)(f)(2)(a)(i), printed p.16; IRS Publication 915 (2025), Worksheet 1 line 2; IRS Publication 915 (2025), Worksheet 1 line 11, single increment; IRS Publication 915 (2025), Worksheet 1 line 15; IRS Publication 915 (2025), Worksheet 1 line 19; IRS Publication 915 (2025), Worksheet 1 line 9, single base; IRS Publication 915 (2025), Maximum taxable part; IRS Publication 915 (2025), Worksheet 1 line 16; IRS Form 1040 (2025), line 11a; 2025 form structure; IRS IR-2025-103, TY2026 standard deduction.
| Line to compare | Before conversion | After conversion |
|---|---|---|
| Federal adjusted gross income (AGI) | $75,000 | $76,000 |
| Social Security included in federal income | $25,500 | $25,500 |
| Colorado pension/Social Security subtraction | $25,500 | $20,000 |
| Colorado taxable income in this illustration | $33,400 | $39,900 |
Formula comparison at the statutory 4.4% planning rate, before return rounding. This is state income tax only—not the household’s total cost.
Sources and rule details
C.R.S. §39-22-104(1.7)(c), 2026 edition, printed p.691; C.R.S. §39-22-104(4)(f)(III)(A), 2026 edition, printed p.698; C.R.S. §39-22-104(4)(f)(I), 2026 edition, printed p.697; C.R.S. §39-22-104(1.7)(c), (2), 2026 edition, printed p.691; C.R.S. §39-22-104(2), 2026 edition, printed p.691; Rule 39-22-104(4)(f)(2)(a)(i), printed p.16; Rule 39-22-104(4)(f)(2)(a)(ii), printed p.16; IRS Publication 915 (2025), Worksheet 1 line 2; IRS Publication 915 (2025), Worksheet 1 line 11, single increment; IRS Publication 915 (2025), Worksheet 1 line 15; IRS Publication 915 (2025), Worksheet 1 line 19; IRS Publication 915 (2025), Worksheet 1 line 9, single base; IRS Publication 915 (2025), Maximum taxable part; IRS Publication 915 (2025), Worksheet 1 line 16; IRS Form 1040 (2025), line 11a; 2025 form structure; IRS IR-2025-103, TY2026 standard deduction; IRS Publication 590-A (2025), Converting From Any Traditional IRA Into a Roth IRA, Income.
The conversion adds $1,000 of income and removes $5,500 of subtraction. Together, those changes add $6,500 to the Colorado tax base. At 4.4%, that is $286 of added state tax—$44 on the conversion and $242 from the lost subtraction.
This is not a 28.6% Colorado tax bracket. It is one example of an income gate changing the tax base. Social Security already fills the post-conversion allowance here, so the result does not depend on whether the conversion itself qualifies for that allowance.
Sources and rule details
C.R.S. §39-22-104(1.7)(c), 2026 edition, printed p.691; C.R.S. §39-22-104(4)(f)(III)(A), 2026 edition, printed p.698; Rule 39-22-104(4)(f)(2)(a)(i), printed p.16; IRS Publication 915 (2025), Worksheet 1 line 2; IRS Publication 915 (2025), Worksheet 1 line 11, single increment; IRS Publication 915 (2025), Worksheet 1 line 15; IRS Publication 915 (2025), Worksheet 1 line 19; IRS Publication 915 (2025), Worksheet 1 line 9, single base; IRS Publication 915 (2025), Maximum taxable part; IRS Publication 915 (2025), Worksheet 1 line 16; IRS Form 1040 (2025), line 11a; 2025 form structure; IRS IR-2025-103, TY2026 standard deduction.
A second income gate: the federal deduction add-back
For 2026, the high-income rule applies when federal AGI reaches $300,000. It generally adds back the part of the federal standard or itemized deduction above $1,000 on a single return or $2,000 jointly. An add-back puts an amount previously deducted back into the state tax base.
Do not reuse the larger deduction amounts from the 2023–2025 rule. And if you itemize, the overlapping Colorado adjustments need coordination; simply adding them all together can double-count.
Sources and rule details
C.R.S. §39-22-104(3)(p.7)(I), 2026 edition, printed p.694; C.R.S. §39-22-104(3)(p.7)(I)(A), 2026 edition, printed p.695; C.R.S. §39-22-104(3)(p.7)(I)(B), 2026 edition, printed p.695; C.R.S. §39-22-104, 2026 edition, editor's note (12), printed p.714; Official 2025 referring-legislation packet, SB25B-003 §2 amending §22-82.9-213, p.46; Colorado Secretary of State, certified November 4, 2025 results, PDF p.3 (printed p.2), Proposition MM.
Here is a separate 2026 example: a single, full-year Colorado resident, age 50, with $299,000 of wages and a $16,100 standard deduction. A fully taxable $2,000 IRA conversion raises AGI to $301,000. Assume the person is not blind or claimable as a dependent, with no withholding, other income, special deductions, Colorado adjustments, credits or alternative minimum tax. This person is below the ordinary pension-subtraction age.
Sources and rule details
C.R.S. §39-22-104(1.7)(c), 2026 edition, printed p.691; C.R.S. §39-22-104(3)(p.7)(I)(A), 2026 edition, printed p.695; C.R.S. §39-22-104(4)(f)(I), 2026 edition, printed p.697; C.R.S. §39-22-104, 2026 edition, editor's note (12), printed p.714; IRS IR-2025-103, TY2026 standard deduction; Colorado Secretary of State, certified November 4, 2025 results, PDF p.3 (printed p.2), Proposition MM.
| Line to compare | Before conversion | After conversion |
|---|---|---|
| Federal AGI | $299,000 | $301,000 |
| Federal standard deduction | $16,100 | $16,100 |
| Colorado deduction add-back | $0 | $15,100 |
| Colorado taxable income | $282,900 | $300,000 |
The add-back changes taxable income; it is not a new tax rate. This isolated example excludes other adjustments, taxes, credits and benefits.
Sources and rule details
C.R.S. §39-22-104(1.7)(c), 2026 edition, printed p.691; C.R.S. §39-22-104(3)(p.7)(I)(A), 2026 edition, printed p.695; C.R.S. §39-22-104(4)(f)(I), 2026 edition, printed p.697; C.R.S. §39-22-104, 2026 edition, editor's note (12), printed p.714; C.R.S. §39-22-104(3)(p.7)(I), 2026 edition, printed p.694; C.R.S. §39-22-104(3)(p.7)(I)(B), 2026 edition, printed p.695; C.R.S. §39-22-104(1.7)(c), (2), 2026 edition, printed p.691; C.R.S. §39-22-104(2), 2026 edition, printed p.691; IRS IR-2025-103, TY2026 standard deduction; Colorado Secretary of State, certified November 4, 2025 results, PDF p.3 (printed p.2), Proposition MM; Official 2025 referring-legislation packet, SB25B-003 §2 amending §22-82.9-213, p.46; IRS Publication 590-A (2025), Converting From Any Traditional IRA Into a Roth IRA, Income.
The added state tax is $752.40 under these assumptions, not just $88. The difference comes from the $15,100 deduction add-back. Business owners may also face a separate Colorado add-back for the federal qualified business income deduction. A conversion is not itself business income, but its effect on AGI can matter.
Sources and rule details
C.R.S. §39-22-104(1.7)(c), 2026 edition, printed p.691; C.R.S. §39-22-104(3)(p.7)(I)(A), 2026 edition, printed p.695; C.R.S. §39-22-104(4)(f)(I), 2026 edition, printed p.697; C.R.S. §39-22-104, 2026 edition, editor's note (12), printed p.714; C.R.S. §39-22-104(3)(o), 2026 edition, printed p.693; C.R.S. §39-22-104(3)(r), 2026 edition, printed p.695; IRS IR-2025-103, TY2026 standard deduction; Colorado Secretary of State, certified November 4, 2025 results, PDF p.3 (printed p.2), Proposition MM; Colorado General Assembly, enacted HB25B-1001 bill summary.
Saving through work in Colorado
Colorado SecureSavings is a payroll-deduction IRA program, not an employer 401(k). Automatic enrollment defaults to a Roth IRA, and employees may opt out or elect a Traditional IRA. The default contribution is 5% of wages, with annual increases of one percentage point up to 8%, unless you change the election. Employers do not contribute or match.
If you already save in an IRA elsewhere, count both accounts together for the annual IRA contribution limit. Automatic enrollment does not establish that you meet the federal income or compensation rules.
Sources and rule details
SecureSavings official automatic-enrollment FAQ; 8 CCR 1508-3.6.1(A),(E), PDF p. 8; 8 CCR 1508-3.4 and .8.1-.8.3, PDF pp. 2-3, 9-10; 8 CCR 1508-3.8.1(A), PDF p. 9; SecureSavings Program Description, May 2025, p. 2; IRS Publication 590-A (2025), Recharacterizations; IRS Publication 590-A (2025), Roth IRA contribution limits; SOS current rule-version index, 8 CCR 1508-3; SecureSavings official employer matching FAQ; IRS Notice 2025-67, pp. 4-5.
A useful distinction: taxable conversion income is subtracted when calculating modified AGI for direct Roth IRA contribution eligibility. That is a different income test from Colorado’s Social Security subtraction. Do not use one income number for both questions; other effects on your income can still matter.
Sources and rule details
Public employees should check their employer’s actual PERAPlus offerings. Roth options in a workplace 401(k) or 457 plan are not personal Roth IRAs. Colorado enacted a PERAPlus expansion with implementation beginning January 1, 2027; that does not mean every option is already available through every employer in 2026.
A federally allowed 529 rollover can still cost state tax
Colorado’s CollegeInvest contribution deduction has its own rules. For 2026, the deduction ceilings are $26,200 for a single filer and $39,200 for joint filers, per beneficiary. These are state deduction limits—not federal Roth IRA contribution limits, and not a promise that every transfer into a 529 is deductible.
Sources and rule details
CollegeInvest official tax-advantages page, 2025 and 2026 entries; CollegeInvest January 2026 supplement, PDF p. 8.
| Question | What the answer tells you |
|---|---|
| Does federal law allow it? | The rollover must meet the federal requirements, including the $35,000 lifetime ceiling, annual IRA limit, account-age and contribution-age conditions. |
| What does Colorado do with it? | Colorado treats a 529-to-Roth rollover as nonqualified for its deduction rules. Previously deducted amounts can require recapture; older deductions are not categorically protected. |
| How much would I add back? | Reconcile the contribution and deduction history with the applicable Colorado instructions. Do not assume the whole account balance, just the current year’s deduction, or a generic percentage. |
Federal permission and state tax treatment are two separate checks. Keep the account’s contribution history and the Colorado returns on which deductions were claimed.
Moving: establish residence before comparing conversions
Changing your mailing address is not the whole residency test. Domicile means the home you intend to return to; an existing domicile continues until a new one is established. Colorado can also treat someone as a resident under its permanent-abode and more-than-six-month presence test even when their domicile is elsewhere.
Sources and rule details
1 CCR 201-2, Rule 39-22-103(8)(a)(2)(a)-(e), printed pp. 1-4; current compilation effective 2026-03-02; 1 CCR 201-2, Rule 39-22-103(8)(a)(2)(b)-(c) and (4), printed pp. 2-4 and 6; current compilation effective 2026-03-02; 2026 Colorado Revised Statutes, 39-22-110.5(1), printed p. 724; 2026 Colorado Revised Statutes, 39-22-103(8)(a), printed p. 688; Colorado DOR Individual Income Tax Guide, revised January 2026, Part 1, printed p. 2; official State Publications Library copy; Colorado DOR Individual Income Tax Guide, revised January 2026, Part 1, printed p. 3; official State Publications Library copy.
- Establish the actual residence change. Keep the facts and records that support it; do not start with a hoped-for conversion tax result.
- Locate the transaction in the correct period. A conversion wholly completed while you are a Colorado resident presents a different sourcing question from one wholly completed after you are neither a resident nor a domiciliary. Federal law protects covered retirement income from taxation by a former state.
- Prepare the part-year calculation. Colorado uses a tentative full-year tax multiplied by an income-allocation ratio—not a fraction based simply on the number of months you lived there.
A transaction that straddles the move needs a specific timing review. This timeline is not a rule that the date you clicked “convert” settles the tax result.
Sources and rule details
Colorado DOR Individual Income Tax Guide, revised January 2026, printed p. 1; official State Publications Library copy; 4 U.S.C. 114(a), (b)(1)(E); OLRC current text through 2026-09-08; 4 U.S.C. 114(a), (b)(1)(E), (b)(1)(I), (b)(3), effective-date note; OLRC current text through 2026-09-08; IRC 408A(d)(3)(C); OLRC current text through 2026-09-08; IRC 7701(a)(37)(A)-(B); OLRC current text through 2026-09-08; 1 CCR 201-2, Rule 39-22-110(1) and (1)(a)-(b), printed pp. 50-57; current compilation effective 2026-03-02; 1 CCR 201-2, Rule 39-22-104(1.7)(3), printed p. 8; current compilation effective 2026-03-02; 2026 Colorado Revised Statutes, 39-22-110(1)-(2), printed p. 723.
Bring your IRA records with you: federal basis, past contributions, conversions and withdrawals. A move does not reset those histories. Colorado’s part-year allocation of an IRA contribution deduction also uses a different method from the allocation of retirement income.
Property relief and health coverage use different rules
The senior property-tax exemption is principally an age, ownership and occupancy benefit—not the AGI cliff in the Social Security example. Other property relief has different requirements, including a separate temporary senior primary-residence classification.
Do not confuse those programs with the Property Tax/Rent/Heat rebate, usually called PTC, or the Disability Assistance Credit. Disability-only PTC eligibility ended with tax year 2024; the replacement credit has its own qualifying rules.
Sources and rule details
Colorado DPT 2026 eligibility overview; Colorado JBC homestead-exemption memorandum, PDF p. 4; C.R.S. 39-1-104.6(1)-(3), official OLLS 2026 PDF pp. 86-88; amendment history p. 97; SB26-116 signed act, section 1, PDF p. 2; Colorado General Assembly SB26-116 enacted summary and session-law effective-date row; HB24-1268 signed act, sections 1 and 4, PDF pp. 2 and 11; HB24-1268 signed act, C.R.S. 39-31-104.5(2),(5)-(6), PDF pp. 8 and 11; HB26-1216 signed act, section 3, PDF p. 3; CDPHE Get Ahead Colorado, 2025 eligibility guidance.
“Not taxable” does not automatically mean “ignored by every benefit program.” Before a conversion or withdrawal, identify the program, application year and income or asset definition. A current tax return, a property-rebate application and long-term-care Medicaid eligibility can ask different questions.
For Colorado long-term-care Medicaid, the applicant’s self-funded retirement account is a countable resource under the current rule even when it pays monthly income. Taking payouts does not, by itself, exempt the balance. A community spouse’s retirement accounts also enter the resource assessment, with separate spousal-allowance rules.
This guide does not calculate PTC, disability-credit or long-term-care Medicaid eligibility. Medicaid estate recovery is a separate issue from both eligibility and income tax. Have the agency or a qualified adviser check the account and household facts; do not infer a loss of coverage from a generic Roth rule.
Sources and rule details
IRS Publication 590-B (2025), Roth IRAs, Are Distributions Taxable?; Rule 39-22-104(4)(f)(4)(b), printed p.18; IRS Roth comparison chart, Taxation of withdrawals, Designated Roth column; C.R.S. 25.5-4-302(2), official OLLS 2026 compilation; CMS Estate Recovery guidance; HB24-1268 signed act, C.R.S. 39-31-104.5(2),(5)-(6), PDF pp. 8 and 11; CDPHE Get Ahead Colorado, 2025 eligibility guidance; 10 CCR 2505-10 8.100.5.N(1)-(5), current version 12573, PDF pp. 113-114; 10 CCR 2505-10 8.100.5.N(3)-(4) and .7.M-.7.P, current PDF pp. 114, 171-173; SOS 8.100 current-version index.
Account protection is not a blanket promise
Colorado’s retirement exemption expressly includes owner Traditional and Roth IRAs without stating a dollar ceiling in that paragraph. That does not protect against every claim: child-support collection and federal tax collection are important exceptions.
Money already paid out does not keep the retirement exemption simply because it came from an IRA. Bankruptcy rules are another layer, including special treatment for specified employer-plan rollover money. Keep rollover records, and get legal advice before moving funds because of a creditor concern.
Sources and rule details
2026 C.R.S. 13-54-102(1)(s), printed pp. 1241-1242; 2026 C.R.S. 13-54-102(1), printed p. 1239; 2026 C.R.S. 13-54-102, Gordon annotation, printed p. 1253; 2026 C.R.S. 13-54-102(3), printed p. 1243; 2026 C.R.S. 13-54-104(3)(b)(III), printed p. 1260; 2026 C.R.S. 13-54-104(3)(b)(II), printed p. 1259; In re Gordon, 791 F.3d 1182 (10th Cir. 2015), opinion p. 4; IRS IRM 5.17.3, retirement-plan discussion; IRS IRM 5.17.3, Effect of State Law on Levy Exemptions; Current 11 U.S.C. 522(n), rollover enumeration; U.S. Bankruptcy Court, Northern District of Florida, April 1, 2025 adjustment table, Section 522(n), new amount column.
A valid IRA beneficiary designation can transfer the account outside ordinary probate administration, but it does not settle every spouse, divorce or creditor issue. Review beneficiaries after a marriage, divorce or move. Do not assume an inherited IRA has the same protection from the beneficiary’s creditors as the original owner’s IRA.
Colorado currently imposes no estate or inheritance tax for a 2026 death. Federal estate-tax and inherited-account rules are separate; “Roth” is not a blanket exemption from every tax or beneficiary requirement.
Sources and rule details
2026 C.R.S. 15-15-101(1), printed p. 1025; 2026 C.R.S. 15-15-101(1)(a), permitted separate writing, printed p. 1025; 2026 C.R.S. 15-11-804(2), printed pp. 558-561; 2026 C.R.S. 15-11-804(1), divorce definition; 2026 C.R.S. 15-11-804(5), revival; 2026 C.R.S. 14-10-113(1), printed p. 264; 2026 C.R.S. 14-10-113(3), printed p. 265; Colorado Legislative Council Staff, Estate Tax; 2026 C.R.S. 39-23.5-102(6), printed pp. 1318-1319; 2026 C.R.S. 39-23.5-103(1), printed p. 1319; 2026 C.R.S. 39-23.5-116(1), printed p. 1334; 2026 Title 39, Article 23 heading, printed p. 1317; 2026 Title 39, Article 23 repeal entry, printed p. 1317; Current 26 U.S.C. 2011, OLRC repeal heading, text as of September 8, 2026; Clark v. Rameker, 573 U.S. 122 (2014), printed p. 125; Federal Judicial Center, Consumer Bankruptcy Law: Chapters 7 and 13, second edition, printed p. 56; Current 11 U.S.C. 522(d)(12), identical retirement-funds requirement.
Include the tax payment in your plan
Colorado’s estimated-tax framework generally uses the lesser of 70% of current-year tax or 100% of prior-year tax, with 110% substituted for certain higher-prior-year-income taxpayers. The prior-year route has its own conditions. Do not copy the federal percentage into the state calculation.
A late-year conversion can raise timing questions even when you intend to pay the full bill at filing. Annualized installments may help in qualifying cases, but a late estimated payment does not automatically fix earlier missed installments.
Sources and rule details
C.R.S. §39-22-605(6)(b)(I), 2026 edition, printed p.1182; C.R.S. §39-22-605(6)(b)(II)(A), 2026 edition, printed p.1182; C.R.S. §39-22-605(6)(c)(I), 2026 edition, printed p.1183; C.R.S. §39-22-605(7)(a), 2026 edition, printed p.1183; C.R.S. §39-22-605(5)(b), 2026 edition, printed p.1182, installment table; C.R.S. §39-22-605(6)(a), 2026 edition, printed p.1182; C.R.S. §39-22-605(8)(a), 2026 edition, printed p.1184; Rule 39-22-605(6)(b)(i), printed p.278; DOR Individual Income Tax Guide, revised January 2026, printed p.20, penalty exceptions.
Check the custodian’s state-withholding choices before submitting the conversion. Money withheld for taxes is not money deposited into the Roth. Unless you replace the shortfall through a valid rollover, that portion can have a different tax and early-distribution result. The mandatory federal withholding rule for an indirect workplace-plan rollover is not a blanket Colorado rule for IRA conversions.
Sources and rule details
Rule 39-22-604–3(1), printed p.270; DOR Individual Income Tax Guide, revised January 2026, printed p.17; IRS Publication 590-A (2025), Partial rollovers; federal retained-amount rule, read with IRA-to-Roth conversion section; IRS Publication 590-A (2025), rollover from employer's plan, withholding; IRS Publication 590-A (2025), IRA-to-Roth conversion.
What to check before using these examples
The rules and sources were checked September 9, 2026. The examples are for tax year 2026 and use the statutory 4.4% planning rate. Recheck the final tax-year rate, return forms and instructions before filing; a prior-year form or a future-effective law is not a current-year answer by itself.
Sources and rule details
C.R.S. §39-22-104(1.7)(c), (2), 2026 edition, printed p.691; C.R.S. §39-22-104(2), 2026 edition, printed p.691; C.R.S. §39-22-104(3)(p.7)(I), 2026 edition, printed p.694; C.R.S. §39-22-104(3)(p.7)(I)(A), 2026 edition, printed p.695; C.R.S. §39-22-104(3)(p.7)(I)(B), 2026 edition, printed p.695; C.R.S. §39-22-104, 2026 edition, editor's note (12), printed p.714; IRS Publication 590-A (2025), Converting From Any Traditional IRA Into a Roth IRA, Income; Official 2025 referring-legislation packet, SB25B-003 §2 amending §22-82.9-213, p.46; Colorado Secretary of State, certified November 4, 2025 results, PDF p.3 (printed p.2), Proposition MM; HB26-1026 signed act, sections 5 and 8, PDF pp. 6 and 8; HB26-1026 final fiscal note, July 9, 2026, p. 3.
The examples isolate Colorado regular income tax. They do not calculate federal income tax, Medicare premium surcharges, health-insurance credits, alternative minimum tax or every state benefit. The two households are separate illustrations, not steps in one plan.
Before applying either example, check the tax year, filing status, age at year-end, account type, actual taxable income, other retirement income and residency. Joint returns, mixed-age spouses, inherited accounts, itemized deductions and moving years need their own analysis.
Sources and rule details
C.R.S. §39-22-104(1.7)(c), 2026 edition, printed p.691; C.R.S. §39-22-104(4)(f)(III)(A), 2026 edition, printed p.698; C.R.S. §39-22-104(3)(p.7)(I)(A), 2026 edition, printed p.695; C.R.S. §39-22-104(4)(f)(I), 2026 edition, printed p.697; C.R.S. §39-22-104, 2026 edition, editor's note (12), printed p.714; C.R.S. §39-22-104(4)(f)(III)(C), 2026 edition, printed p.698; C.R.S. §39-22-107(2), 2026 edition, printed p.719; 2026 Colorado Revised Statutes, 39-22-110(1)-(2), printed p. 723; Rule 39-22-104(4)(f)(2)(a)(i), printed p.16; Rule 39-22-104(4)(f)(2)(b), printed p.16; 1 CCR 201-2, Rule 39-22-110(1) and (1)(a)-(b), printed pp. 50-57; current compilation effective 2026-03-02; 1 CCR 201-2, Rule 39-22-104(1.7)(3), printed p. 8; current compilation effective 2026-03-02; IRS Publication 915 (2025), Worksheet 1 line 2; IRS Publication 915 (2025), Worksheet 1 line 11, single increment; IRS Publication 915 (2025), Worksheet 1 line 15; IRS Publication 915 (2025), Worksheet 1 line 19; IRS Publication 915 (2025), Worksheet 1 line 9, single base; IRS Publication 915 (2025), Maximum taxable part; IRS Publication 915 (2025), Worksheet 1 line 16; IRS Form 1040 (2025), line 11a; 2025 form structure; IRS IR-2025-103, TY2026 standard deduction; Colorado Secretary of State, certified November 4, 2025 results, PDF p.3 (printed p.2), Proposition MM.
Worksheets and sources
The workbook lets you explore the two single-filer illustrations with visible assumptions and formulas. It is a teaching tool, not tax-return software. The CSV and the expandable reference below contain the same dated collection of source-linked explanations.
Reuse with attribution to RothIRAHub and a link to this guide. Government materials retain their own terms. Reuse terms.
Income tax, conversions and payments: source-linked reference
Colorado starts with federal taxable income, not federal AGI; its statutory rate is 4.4%, subject to temporary reductions.
A Roth conversion moves retirement money into a Roth account. For a Traditional IRA conversion, the federally taxable amount enters the Colorado starting point in the federal income-recognition year; a return of federal basis is not taxed again merely because it is converted. Apply Colorado additions and subtractions afterward. Do not multiply the gross transfer by 4.4% without first computing federal taxable income and Colorado modifications. Section 39-22-103(11) uses comparable federal meanings as amended for the taxable period. The 4.4% rate is statutory; confirm the effective rate in final 2026 return instructions. Do not assume that Colorado permits a special multiyear spread of conversion income without authority for that treatment.
Applies: 2026; statutory rate effective for tax years beginning on or after 2022-01-01 · Checked 2026-09-09
Deductible Traditional IRA and pre-tax workplace contributions can lower the federal starting point; Roth contributions do not.
Traditional IRA: an actually allowed federal deduction reduces federal AGI and ordinarily Colorado taxable income; a nondeductible IRA contribution does not create that deduction. Roth IRA: contributions are after-tax and not federally deductible. Pre-tax workplace elective deferrals: excluded from current federal wage income under the governing plan rules. Designated Roth workplace deferrals: included in current income, unlike pre-tax deferrals. These are contribution rules, not conversion or withdrawal rules. A contribution does not itself qualify for Colorado's pension/annuity subtraction. Federal compensation, plan-coverage, income, and annual-limit rules still govern eligibility; no independent Colorado IRA contribution allowance is asserted. Other Colorado adjustments can alter the net state saving.
Applies: 2026 · Checked 2026-09-09
Federally qualified Roth withdrawals are outside Colorado's federal-taxable-income starting point; no pension subtraction is needed.
For a Roth IRA, federal qualification generally requires the account's five-tax-year period plus age 59½, death, disability, or the limited qualifying first-home exception. A distribution of regular Roth IRA contributions is also excluded federally under the ordering rules even if the distribution is not qualified. Colorado's conformity starting point preserves those federal income exclusions absent an applicable state-specific adjustment. Do not call all Roth withdrawals qualified, and do not take a second Colorado pension subtraction for an amount never included in federal income. Federally qualified designated Roth workplace distributions similarly do not enter federal income, but workplace and IRA qualification/ordering rules are not interchangeable. This income-tax conclusion does not decide means-tested program income definitions.
Applies: 2026; current fetched IRS publication is the 2025-return edition · Checked 2026-09-09
The ordinary cap is $20,000 per person at ages 55–64 and $24,000 at age 65+, measured at year-end.
The age test is age at the close of the taxable year, not age on the date of conversion or withdrawal. Subject to qualifying-income rules and Social Security coordination, the ordinary maximum is $20,000 for a person aged 55 through 64 and $24,000 for a person aged 65 or older. A taxpayer who turns 55 or 65 by December 31 of a calendar tax year meets that year's corresponding age gate. The subtraction cannot exceed qualifying income included federally in the same year. The ordinary owner rule does not cover someone still under 55 at year-end; death-beneficiary and military provisions require separate analysis. These are shared annual caps, not a separate cap for every IRA, pension, or conversion.
Applies: 2026 · Checked 2026-09-09
A properly completed taxable IRA-to-Roth conversion appears eligible to use an otherwise unused pension allowance at age 55+.
This is a reasoned reading of the cited authorities, not an express Colorado conversion ruling. The Colorado rule includes IRA distributions even if nonperiodic or unrelated to prior employment, and defines disqualifying premature IRA distributions by whether federal additional tax applies. IRS Publication 590-A says a properly and timely converted IRA amount is not subject to the federal 10% early-distribution tax. Therefore the taxable converted amount appears to qualify once the taxpayer meets Colorado's year-end age test, subject to the shared $20,000/$24,000 cap and Social Security usage. This reasoning also matters at ages 55–59½: federal age alone does not establish that a properly converted amount is penalized. Any amount withheld or retained instead of properly converted must be analyzed separately. An owner still under 55 at year-end does not gain the ordinary allowance merely because the conversion is federal-penalty-free.
Applies: 2026 · Checked 2026-09-09
Social Security uses the same pension allowance; age 65+ can subtract all federally taxable Social Security without this provision's income gate.
For taxpayers 65 or older at year-end, beginning with 2022 the cap is increased to federally taxable Social Security when that amount exceeds $24,000. This is not all Social Security plus an independent $24,000 pension exclusion. If S is that person's federally taxable Social Security and P is other qualifying pension/IRA income, the full-Social-Security calculation is S + min(P, max(0, 24000 - S)). Thus S=$30,000 leaves no ordinary pension allowance for a conversion; S=$10,000 leaves at most $14,000 for qualifying non-Social-Security income. The relevant S is the federally taxable portion, not gross benefits. A conversion can change the federal taxable portion, so recalculate S before applying the Colorado rule.
Applies: 2022 and later, including 2026 · Checked 2026-09-09
Since 2025, ages 55–64 receive the expanded Social Security subtraction only at AGI ≤$75,000 individually or ≤$95,000 jointly.
The income test uses adjusted gross income for the applicable tax year, not Colorado taxable income after the pension subtraction. The statute says filing individually or jointly. When federally taxable Social Security exceeds $20,000 and the AGI test is met, the cap is raised to that Social Security amount. Above the income threshold, the ordinary $20,000 shared cap applies; the excess Social Security subtraction is lost at once rather than gradually phased out. A taxable conversion raises federal AGI and can cross this gate even if part of the conversion would otherwise qualify for a state pension subtraction. The special cliff requires taxable Social Security above $20,000; crossing the AGI threshold alone does not create that loss when benefits are at or below the ordinary cap. For MFS/other nonjoint return implementation, retain the statute's wording and confirm current instructions before relying on a filing-status-specific calculation.
Applies: 2025 and later, including 2026 · Checked 2026-09-09
Each spouse has an individual allowance; unused capacity is not a pooled joint-return deduction.
Apply the applicable age cap and qualifying pension/IRA income to each person. Two qualifying spouses can each receive their own allowance, but a spouse without qualifying income cannot lend unused capacity to the other spouse's conversion. For joint returns, allocate federally taxable Social Security in the ratio of each spouse's gross Social Security to their combined gross benefits, then apply each person's age rules. If one spouse is under 65 and one is 65+, their Social Security rules can differ. Colorado follows the federal joint-versus-separate return determination under section 39-22-107; do not change marital filing treatment only for Colorado to manufacture an allowance. The $300,000 high-income deduction gate is not automatically halved for separate filers; implementation of new subsection (3)(p.7) requires separate confirmation.
Applies: 2026 · Checked 2026-09-09
Individual death beneficiaries can qualify below age 55; trusts and estates do not receive this pension subtraction.
Benefits received because of the original owner's death can qualify for an individual beneficiary, including one under 55. The rule applies the $20,000 limit to beneficiaries under 65 and $24,000 at 65+, with the otherwise applicable income and coordination rules. A trust, estate, partnership, or other nonindividual recipient cannot claim it; neither can an individual receiving the benefits through such an entity. This death-beneficiary exception concerns distributions, not permission to convert an inherited IRA. A nonspouse inherited IRA cannot simply be converted into the beneficiary's own Roth IRA under the ordinary owner-conversion route. Qualified inherited-Roth withdrawals have no federally taxable amount requiring this subtraction.
Applies: 2026 · Checked 2026-09-09
Illustrative $20,000 IRA conversion: $264 state increment at age 60 versus $88 at age 65 when $6,000 of qualifying pension already uses the cap.
Two separate full-year Colorado-resident, single-filer examples for 2026: each has $30,000 other ordinary income, $6,000 qualifying pension, no Social Security, and a $20,000 fully taxable, properly completed Traditional IRA-to-Roth conversion. Assume no other state adjustments, credits, AMT, benefit interactions, or changes to federal deductions; the age-65 example stays below the enhanced senior deduction's $75,000 MAGI phaseout start. Both have sufficient positive federal taxable income to use the subtractions. Age 60: unused allowance=20000-6000=14000; additional state taxable income=20000-14000=6000; 6000×0.044=$264. Age 65: unused allowance=24000-6000=18000; additional state taxable income=2000; 2000×0.044=$88. These are formula-based planning differences before return rounding/tax-table conventions and depend on independent confirmation of the IRA-conversion eligibility interpretation. Neither result is a special tax rate or an individual recommendation.
Applies: 2026 illustrations using the 4.4% statutory/planning rate · Checked 2026-09-09
Single age-60 illustration: a $1,000 fully taxable IRA conversion raises isolated Colorado regular tax by $286 at the 4.4% statutory rate; federally taxable Social Security remains $25,500.
Finite TY2026 illustration only: full-year Colorado resident, single, age 60 at year-end, not blind or claimable as a dependent; $30,000 gross Social Security actually received equals net box 5 benefits; $49,500 unchanged other ordinary non-pension income; no other pension. Assume benefit entitlement, no repayments or prior-year lump-sum election, no tax-exempt interest, federal worksheet exclusions, above-the-line adjustments, itemizing, QBI deduction or other federal/state modifications. Add a properly completed $1,000 fully taxable owner Traditional IRA-to-Roth conversion with no withholding. IRS Publication 915 Worksheet 1 uses single bases $25,000/$34,000: provisional income is $49,500+$15,000=$64,500 before and $65,500 after; the 50% lower-band term is min($15,000,0.50×$9,000)=$4,500. Taxable Social Security is min($25,500,0.85×($64,500-$34,000)+$4,500)=$25,500 before and min($25,500,0.85×($65,500-$34,000)+$4,500)=$25,500 after. Federal AGI is $75,000/$76,000. Since 2025, the age-55–64 Colorado shared cap rises to taxable Social Security when that exceeds $20,000 and individual AGI is at most $75,000; therefore the subtraction falls from $25,500 to $20,000. The 2026 single standard deduction is $16,100, giving federal taxable income $58,900/$59,900 and Colorado taxable income $33,400/$39,900. At statutory 4.4%, isolated tax is $1,469.60/$1,755.60: increase $286, composed of $44 on conversion income and $242 from losing $5,500 of subtraction. Social Security exhausts the post-conversion cap, so this result does not depend on the IRA-conversion subtraction interpretation. These are formula outputs, not filed-return amounts or total conversion cost; exclude federal taxes, credits, AMT, additional taxes, benefit effects and rounding. These results depend on the stated assumptions and statutory rate; they should not be generalized to other ages, income mixtures or filing statuses.
Applies: 2026 illustration using the 4.4% statutory/planning rate · Checked 2026-09-09
Source details
C.R.S. §39-22-104(1.7)(c), 2026 edition, printed p.691; C.R.S. §39-22-104(4)(f)(III)(A), 2026 edition, printed p.698; Rule 39-22-104(4)(f)(2)(a)(i), printed p.16; IRS Publication 915 (2025), Worksheet 1 line 2; IRS Publication 915 (2025), Worksheet 1 line 11, single increment; IRS Publication 915 (2025), Worksheet 1 line 15; IRS Publication 915 (2025), Worksheet 1 line 19; IRS Publication 915 (2025), Worksheet 1 line 9, single base; IRS Publication 915 (2025), Maximum taxable part; IRS Publication 915 (2025), Worksheet 1 line 16; IRS Form 1040 (2025), line 11a; 2025 form structure; IRS IR-2025-103, TY2026 standard deduction
Effective TY2026, federal AGI of at least $300,000 triggers the standard/itemized-deduction add-back above $1,000 for a single return or $2,000 jointly; Proposition MM activated this rule.
C.R.S. §39-22-104(3)(p.7)(I) applies for income tax years beginning on or after January 1, 2026, following approval of the ballot issue in §22-82.9-213. Colorado's certified November 4, 2025 results identify Proposition MM and record 1,010,644 Yes and 681,400 No votes; the referring legislation ties MM to §22-82.9-213. The 2026 codification, editor's note (12) on p.714, additionally confirms approval on November 4, 2025 and the governor's proclamation on December 9, 2025. For federal AGI equal to or exceeding $300,000, the addition is the excess of the §63 standard or itemized deduction over $1,000 on a single return or $2,000 jointly. Use federal AGI, not federal taxable income, and ≥ rather than >. This is an addition to the tax base, not a new marginal-rate bracket; crossing the gate can activate the full addition. Do not carry the predecessor 2023–2025 $12,000/$16,000 limits into 2026. Under subsection (p.7)(II), it does not apply to years commencing after repeal of the school-meals program or a successor. No such repeal is identified in the 2026 sources cited here. New-rule coordination with overlapping itemized additions and MFS/HoH implementation require separate confirmation and are excluded from the simple single-filer illustration.
Applies: 2026 and later; not the 2023–2025 rule · Checked 2026-09-09
Source details
C.R.S. §39-22-104(3)(p.7)(I), 2026 edition, printed p.694; C.R.S. §39-22-104(3)(p.7)(I)(A), 2026 edition, printed p.695; C.R.S. §39-22-104(3)(p.7)(I)(B), 2026 edition, printed p.695; C.R.S. §39-22-104, 2026 edition, editor's note (12), printed p.714; Official 2025 referring-legislation packet, SB25B-003 §2 amending §22-82.9-213, p.46; Colorado Secretary of State, certified November 4, 2025 results, PDF p.3 (printed p.2), Proposition MM
Single age-50 illustration: $299,000 wages plus a $2,000 taxable IRA conversion raises isolated Colorado regular tax by $752.40 at statutory 4.4%, including the activated $15,100 deduction add-back.
Finite TY2026 illustration only: full-year Colorado resident, single, age 50 at year-end, not blind or claimable as a dependent, $299,000 taxable wages and no other income before a $2,000 fully taxable owner Traditional IRA-to-Roth conversion. Assume a proper conversion with no withholding and no special death-beneficiary income; the ordinary Colorado pension age gate is not met. Use the $16,100 2026 federal single standard deduction. Exclude itemizing, QBI, above-the-line or additional federal deductions, all other Colorado additions/subtractions, credits, AMT, federal-tax and benefit effects. Proposition MM's passage is established by certified election results, activating §39-22-104(3)(p.7) for tax years beginning in 2026. Before conversion, AGI=$299,000 and federal/Colorado taxable income=$282,900. After conversion, AGI=$301,000 and federal taxable income=$284,900; the state adds back $16,100-$1,000=$15,100, producing Colorado taxable income=$300,000. The state-base increase is $17,100. At statutory 4.4%, formula tax rises from $12,447.60 to $13,200.00, an increase of $752.40: $88 on the conversion plus $664.40 from the deduction add-back. This is not a general filing-status or high-income calculator, a final TY2026 effective-rate certification, or a filed-return calculation. The result depends on the fixed assumptions, single-only scope, statutory rate and exclusion of rounding.
Applies: 2026 illustration using the 4.4% statutory/planning rate · Checked 2026-09-09
Source details
C.R.S. §39-22-104(1.7)(c), 2026 edition, printed p.691; C.R.S. §39-22-104(3)(p.7)(I)(A), 2026 edition, printed p.695; C.R.S. §39-22-104(4)(f)(I), 2026 edition, printed p.697; C.R.S. §39-22-104, 2026 edition, editor's note (12), printed p.714; IRS IR-2025-103, TY2026 standard deduction; Colorado Secretary of State, certified November 4, 2025 results, PDF p.3 (printed p.2), Proposition MM
The high-income QBI add-back did not expire in 2026; a conversion can cross its separate AGI gate.
Section 39-22-104(3)(o) adds back the federal section 199A deduction for a single-return filer with AGI greater than $500,000 or joint filers with AGI greater than $1,000,000, subject to the statutory exception for taxpayers required to file Schedule F. HB25B-1001, enacted and effective August 28, 2025, removed the impending 2026 end date. A taxable conversion is not itself QBI, but can increase AGI enough to trigger this add-back; recompute the federal QBI deduction as well. Section (3)(r) separately applies to owners of electing pass-through entities; do not assume taxpayers below the income thresholds escape all QBI add-backs. The current rule prevents duplicating the same deduction under (o) and (r). This is separate from the $300,000 standard/itemized-deduction rule.
Applies: 2026 and later; extension effective 2025-08-28 · Checked 2026-09-09
Colorado adds back the federal overtime deduction for TY2026 onward; the separate federal age-65+ deduction is not an AGI reduction or a Social Security exclusion.
Colorado begins with federal taxable income and then applies state additions/subtractions. For income tax years beginning on or after January 1, 2026, C.R.S. §39-22-104(3)(u), as amended by HB26-1289 §4 (enacted June 3, 2026) and printed in the 2026 codification, adds back the amount of overtime compensation excluded or deducted from federal gross income. The DOR January 2026 guide states that the full federal Schedule 1-A overtime deduction must be added back for 2026 and later. The lost SB26-056 proposal does not limit this add-back to 2026. Separately, IRS guidance establishes an additional federal deduction up to $6,000 per eligible person age 65 by year-end for 2025–2028, in addition to the existing senior standard-deduction provision, with phaseout above MAGI $75,000 individually/$150,000 jointly and joint filing required when married. It is claimed below AGI in computing federal taxable income, not as an AGI reduction or exclusion of Social Security. A conversion can affect its federal phaseout, changing the federal taxable-income starting point. Do not infer broader state conformity or a specific interaction between the senior deduction and the new §63 add-back; each state modification needs its own authority. Both selected single-filer illustrations are under 65 and exclude this deduction and overtime adjustments. HB26-1289 also adds separate opportunity-fund provisions beginning in 2027; they do not change the 2026 caps/gates used here.
Applies: 2026 Colorado overtime adjustment; federal senior deduction 2025–2028 · Checked 2026-09-09
Source details
C.R.S. §39-22-104(3)(u), 2026 edition, printed p.696; Signed HB26-1289 §4, printed p.7, new tax-year text; DOR Individual Income Tax Guide, revised January 2026, printed p.6, official State Publications Library copy; IRS, Deduction for seniors; IRS Form 1040 (2025), line 13b, below AGI
Colorado has a previously-taxed-income subtraction; do not assume federal basis is the only possible recovery adjustment.
Section 39-22-104(4)(c) prevents taxing an annuity or other income again when it was properly included and taxed under Colorado law in an earlier year, including qualifying amounts previously taxed to the relevant decedent, trust, or estate. Current official legislative guidance identifies historic PERA employee contributions from 1984–1986 and Denver Public Schools retirement contributions from 1986 as examples. This requires records tracing previously Colorado-taxed amounts; it is not a blanket deduction for all public pensions, all after-tax money, or amounts taxed only by another state. Federal nondeductible IRA basis already excluded from federal taxable income must not be subtracted again. The precise recovery schedule after a rollover into an IRA and subsequent Roth conversion requires account-specific authority and records.
Applies: 2026 recovery rule; historical PERA 1984–1986 / DPS 1986 contributions · Checked 2026-09-09
Government pensions generally use the ordinary pension rules; permanent disability does not by itself waive the Colorado age gate.
The current rule lists government-employer pension/annuity benefits as qualifying, subject to the ordinary source, retirement/payment, income, and cap conditions; private employment pensions use that same general framework. It also allows qualifying taxable permanent-disability benefits when the individual meets the rule's age limitations, even when federal reporting calls the benefits wages. Do not create an unlimited government-pension exemption or an under-55 disability exception from that language. The rule expressly excludes disability payments that are not for permanent disability. Federally excluded disability amounts do not need a Colorado subtraction in the first place. Historic previously taxed public-plan contributions are a distinct recovery adjustment.
Applies: 2026 · Checked 2026-09-09
Under-55 military retirees have a separate, limited $15,000 military-benefit subtraction for 2022–2028.
For an individual under 55 at the close of the tax year, section 39-22-104(4)(y) permits subtraction of qualifying military retirement benefits included in federal AGI, up to $15,000 for tax years 2022 through 2028. It defines military retirement benefits by service in the U.S. armed forces. At age 55+, analyze the ordinary pension subtraction instead; the under-55 provision is not an extra unused allowance for an unrelated IRA conversion. Do not assume that all TSP or other account balances owned by a veteran constitute qualifying military retirement benefits under this section. Federally excluded veterans' benefits are a separate issue and are not added to the Colorado starting point merely to subtract them.
Applies: 2022–2028, including 2026 · Checked 2026-09-09
Federally included railroad retirement benefits have a separate subtraction and do not consume the $20,000/$24,000 pension cap.
The current Colorado rule implements federal exemption of railroad retirement annuity benefits, including Tier I/Tier II and specified spouse, survivor, disability, and supplemental benefits. The subtraction is not limited by the ordinary pension age/source/dollar restrictions, and railroad retirement benefits do not use the ordinary pension allowance available for other qualifying income. Amounts excluded federally need no second subtraction; an amount subtracted as railroad retirement cannot be subtracted again as pension income. Do not treat railroad benefits as ordinary Social Security for the shared-cap calculation.
Applies: 2026 · Checked 2026-09-09
Current Colorado rules provide voluntary withholding by payer/payee agreement; verify the custodian's conversion election.
Rule 39-22-604-3, effective March 2, 2026, governs voluntary Colorado withholding from payments not otherwise subject to mandatory withholding. It requires a participating payer to maintain a 1099 withholding account and provide the applicable information returns. This supports asking an IRA custodian about a Colorado withholding election; it does not show that every custodian supports the same percentage, dollar minimum, opt-out/default, or direct-conversion interface. Do not assume a universal Colorado IRA conversion withholding minimum, mandatory percentage, or individual election form. Do not prescribe the wage form DR 0004 as a universal IRA form. Confirm the actual account-specific election and whether the amount will be withheld from the distribution or paid separately; estimated payments are a distinct option.
Applies: Current rule effective 2026-03-02; 2026 conversion elections · Checked 2026-09-09
Tax withheld from a distribution is not Roth money unless the shortfall is replaced in a valid rollover.
For a distribution paid to the taxpayer and then converted, any part retained or sent as withholding is not deposited into the Roth account unless replaced from other funds within the applicable rollover period. The unconverted portion can remain taxable and, when no exception applies, federally subject to early-distribution additional tax; Colorado pension eligibility must be tested for that portion separately. IRS Publication 590-A distinguishes a qualified-plan indirect rollover's mandatory 20% federal withholding from a direct rollover with no such withholding, and its IRA discussion provides the separate IRA election framework. The plan's 20% federal rule is not a Colorado rate and must not be imposed on all IRA conversions. A 60-day rollover and a direct trustee-to-trustee conversion are different transaction paths.
Applies: 2026; current fetched IRS publication is the 2025-return edition · Checked 2026-09-09
Colorado's ordinary estimated-tax safe harbor is the lesser of 70% of current-year tax or 100%/110% of prior-year tax; the specific small-balance underpayment exception is strictly below $1,000.
Under C.R.S. §39-22-605(6), ordinary individual required annual payments are generally the lesser of 70% of actual current-year Colorado tax or 100% of actual preceding-year Colorado tax. Prior-year protection requires a filed Colorado return for a full 12-month preceding tax year. Use 110% instead of 100% when preceding-year federal AGI exceeds $150,000, or $75,000 for a taxpayer legally eligible to file jointly who files separately. Tax and allowable credits must be measured under the statute; qualifying withholding and credits reduce payment needs. Section 605(7)(a), the current rule and the DOR guide's penalty-exception section excuse the underpayment addition when tax after the specified credits is less than $1,000, not when it equals$1,000. An exact $1,000 balance does not qualify for that particular exception; other safe harbors, timely payments and statutory exceptions can still prevent an addition. A full-year Colorado resident with a 12-month preceding year and no preceding-year liability has a separate exception. Example: current tax $9,000 and prior tax $4,000 give min($6,300,$4,000)=$4,000, or min($6,300,$4,400)=$4,400 when the high-prior-AGI multiplier applies; ordinary equal installments are $1,000/$1,100 before withholding. The safe harbor affects underpayment additions, not the final balance of tax due.
Applies: 2026 installments; prior-year inputs generally 2025 · Checked 2026-09-09
Source details
C.R.S. §39-22-605(6)(b)(I), 2026 edition, printed p.1182; C.R.S. §39-22-605(6)(b)(II)(A), 2026 edition, printed p.1182; C.R.S. §39-22-605(6)(c)(I), 2026 edition, printed p.1183; C.R.S. §39-22-605(7)(a), 2026 edition, printed p.1183; Rule 39-22-605(6)(b)(i), printed p.278; DOR Individual Income Tax Guide, revised January 2026, printed p.20, penalty exceptions
2026 installments are April 15, June 15, September 15, and January 15, 2027; late conversion income may support annualization.
Ordinary installments are 25% of the required annual payment. The listed 2026/2027 dates fall on Wednesday, Monday, Tuesday, and Friday respectively; apply any officially applicable deadline relief separately. Colorado annualized installments require the taxpayer to have elected annualized installments federally under section 39-22-605(6)(d), and DOR computation rules govern. A late-year conversion does not make an ordinary estimated payment retroactively timely for earlier quarters; annualization or qualifying withholding timing can change the analysis. Under (8), qualifying withholding credits are ordinarily deemed paid equally on installment due dates unless actual withholding dates are established; wage withholding and other withholding may be treated separately. Thus late-year withholding can have different installment consequences from a late estimated payment. Retain dated income/withholding records and verify final 2026 underpayment forms. Filing and paying the entire return by the statutory January 31 rule addresses only the fourth installment, not earlier deficiencies; confirm the applicable 2027 deadline before relying on that optional rule.
Applies: 2026 calendar-year installments; fourth installment 2027-01-15 · Checked 2026-09-09
Part-year tax uses a full-year tentative tax times an income-allocation ratio, not months of Colorado residence.
Rule 39-22-110 computes tentative Colorado tax as though the taxpayer were a full-year resident, then multiplies it by Colorado modified federal AGI divided by total modified federal AGI. The rule says the ratio may exceed 100% and cannot be below zero. The Colorado numerator includes residency-period income and applicable Colorado-source income from the nonresident period, with specified modifications. IRA and self-employed retirement-plan deductions are allocated using Colorado wages/self-employment income relative to total wages/self-employment income, not simply the date a contribution was deposited. Pension subtractions must be matched to underlying qualifying Colorado income; do not automatically prorate the annual allowance by months. Exact conversion-recognition timing, nonresident retirement protection, and application of newer high-income/SS modifications to the ratio need separate confirmation against applicable authority and final DR 0104PN instructions.
Applies: 2026 framework; final 2026 line implementation unverified · Checked 2026-09-09
Denver's occupational privilege tax is a work-related monthly levy, not an added percentage tax on a Roth conversion.
The current Denver Treasury page describes OPT as a monthly employer/employee tax when work is performed in Denver and lists $5.75 employee/$4 employer per month. Its work/employment base differs from IRA conversion income; do not append these amounts as a tax on a retiree's conversion alone. The Colorado Constitution, article X section20(8)(a), prohibits a new local district income tax, but that text alone is not a survey proving the absence of every preexisting municipal levy. These Denver rules do not describe every city's payroll thresholds or special district. A working retiree can separately owe an occupational levy because of work, independent of converting an IRA. Do not infer a county/city/school-district percentage surcharge on conversion income from these Denver rules.
Applies: Current Denver page fetched 2026-09-09 · Checked 2026-09-09
Savings programs and benefit rules: source-linked reference
Automatic enrollment defaults to a Roth IRA; employee participation is voluntary.
An employee who takes no action during the initial 30-day window is enrolled in a Roth IRA funded through payroll. Employees may opt out; the governing rule also permits opting out later and rejoining. This is an individual IRA, not a mandatory employee pension contribution.
Applies: 2026 operating program · Checked 2026-09-09
A Traditional IRA can be elected; the program is not Roth-only.
Contact the administrator to establish a Traditional IRA. The May 2025 description also permits directing future contributions to Traditional and timely recharacterizing earlier regular Roth contributions plus attributable net income. Deductibility is separate from eligibility; this is not permission to recharacterize a completed Roth conversion.
Applies: May 2025 program document, checked 2026-09-09 · Checked 2026-09-09
Default 5% of wages; annual 1-percentage-point escalation stops at 8%.
The rule requires at least six months of participation before escalation at the start of a subsequent calendar year. The employee can change the rate or decline escalation. Thus 5% becomes 6%, not 5.05%. The default initially holds contributions in capital preservation for 30 days after the opt-out period, then uses an age-based target-date option unless changed.
Applies: 2026; rule effective 2022-12-15 · Checked 2026-09-09
SecureSavings coverage includes prior-year headcount and a two-year qualified-plan lookback.
C.R.S. 24-54.3-102 defines a covered employer as an in-state for-profit or nonprofit enterprise that employed five or more statutory employees at any time during the previous calendar year, has been in business at least two years, and has not offered a qualified retirement plan to any employees in the preceding two years. A statutory employee is at least 18, has worked for the employer at least 180 days, and earns wages subject to Colorado income tax. Covered employers facilitate participation; an exemption must be evaluated under these definitions, not just current headcount or current plan status.
Applies: 2026 operating guidance · Checked 2026-09-09
Employers cannot contribute or match in SecureSavings.
Payroll facilitation does not create an employer matching contribution. Keep this separate from PERAPlus or another employer-sponsored qualified plan, which can have different employer-contribution rules.
Applies: 2026 operating program · Checked 2026-09-09
Source details
The enforcement rule sets $100 per employee per year, capped at $5,000 per calendar year, with notice and timing safeguards.
Under 8 CCR 1508-3.9, CDLE sends three noncompliance notices. Fines start no earlier than twelve months after the assigned Registration Date or one year after the employer is scheduled to enter the program, whichever is later, and never earlier than three months after the first notice is postmarked. The Registration Date is the program-assigned deadline, not the employer's eventual actual registration. These are enforcement rules, not reported enforcement results.
Applies: 2026; rule effective 2022-12-15 · Checked 2026-09-09
Source details
2026 aggregate IRA limit: $7,500, or $8,600 at age 50+; auto-enrollment does not establish eligibility.
Regular Traditional and Roth IRA contributions share the annual limit and remain subject to compensation. Roth MAGI phaseouts for 2026: single/HoH $153,000-$168,000; joint $242,000-$252,000; MFS living with spouse $0-$10,000. An under-50 saver contributing $4,000 here plus $4,000 to another IRA has $8,000 total, $500 above the dollar ceiling. Roth income limits can reduce the permitted amount further.
Applies: 2026 tax year · Checked 2026-09-09
A taxable Roth conversion is subtracted when calculating Roth-contribution MAGI.
Do not claim a conversion by itself makes the saver ineligible for SecureSavings Roth contributions. IRS Worksheet 2-1 removes conversion and qualified-plan-to-Roth-IRA rollover income for this specific MAGI calculation. Other AGI-tested programs can still count it.
Applies: 2026 analysis; nonindexed rule in current 2025 publication · Checked 2026-09-09
Source details
2026 CollegeInvest deduction ceilings: $26,200 single and $39,200 joint, per beneficiary.
These are contribution-year deduction ceilings, not tax credits or rollover allowances. Single is per taxpayer; joint is per tax filing, not twice the joint amount. The published 2025 comparators are $25,400/$38,100. A deduction can be recaptured in a later nonqualified-withdrawal year.
Applies: 2026 tax year · Checked 2026-09-09
Federal 529-to-Roth permission is conditional and has a $35,000 lifetime ceiling.
Since 2024, a direct trustee-to-trustee transfer can go to the beneficiary's Roth IRA, subject to the annual IRA limit, the account-age requirement, and exclusion of recent five-year contributions/earnings. IRS's current text says the 529 must have been open for more than 15 years. Federal eligibility does not determine Colorado recapture.
Applies: 2024 onward; checked 2026-09-09 · Checked 2026-09-09
Colorado treats a 529-to-Roth rollover as nonqualified; older deductions are not categorically protected.
The current plan expressly identifies Roth rollovers as nonqualified for Colorado income tax. Its recapture section reaches contributions previously deducted; the tax-advantages page expressly allows recapture in subsequent years. Older deductions are not categorically protected from recapture. Do not confuse a deduction claimed in the contribution year with recapture in the withdrawal year.
Applies: 2026 analysis; November 2025 disclosure with January, April and July 2026 supplements · Checked 2026-09-09
The senior property exemption is an age/ownership benefit, not an AGI-based conversion cliff.
For ordinary 2026 eligibility, DPT requires birth on/before January 1, 1961 and continuous ownership/primary occupancy since January 1, 2016 or earlier. Qualifying applicants exempt half of the first $200,000 actual home value: at most $100,000 of actual value, not $100,000 tax savings. State retirement-income AGI changes do not themselves alter these criteria.
Applies: 2026 property-tax year · Checked 2026-09-09
Disabled-veteran property relief has different qualification gates from the senior exemption.
DPT lists honorable discharge, qualifying active service, and VA-rated 100% permanent service-connected disability or individual unemployability status. Ownership by applicant/spouse and primary occupancy are tested January 1. There is no senior-age requirement. Do not impose the senior ten-year ownership gate on this program or confuse it with the income-tested Disability Assistance Credit.
Applies: 2026 property-tax year · Checked 2026-09-09
The qualified-senior primary residence classification ends after 2026; current law states a July 15 first-year application deadline.
C.R.S. 39-1-104.6 applies the classification to property tax years beginning January 1, 2025 through December 31, 2026. The qualifying owner-occupier must have received the senior homestead exemption for a different property in 2020 or later, not qualify for that exemption on the current property for the current year, and satisfy the statutory primary-residence and ownership definitions, including the specified spouse, civil-union, surviving-partner and estate-planning ownership rules. Under subsection (3)(a), an application must be filed with the assessor no later than July 15 of the first year for which classification is sought, through July 15, 2026; mailed applications use the postmark. Use the statutory deadline rather than the DPT page's March/late-July distinction. SB26-116, effective August 12, 2026, expressly ends classification after 2026. The July 15, 2026 deadline is already past as of the date this guide was checked.
Applies: 2025-2026 property-tax years · Checked 2026-09-09
SB25-013's proposed 2025-2026 senior-housing credit extension did not become law.
The official bill page is marked Lost. Its introduced summary proposes an $800 credit with $75,000 individual/$125,000 joint income gates. Those numbers are proposal text, not authority for a 2026 conversion-cliff worksheet. Any separate later enactment must be established before assuming a 2026 credit.
Applies: 2025 proposal covering tax years 2025-2026; failed · Checked 2026-09-09
PTC remains age-based; disability-only eligibility ended with tax year 2024.
PTC requires full-year Colorado residency and ordinarily age 65 during the claim year, or surviving-spouse age 58, plus income and expense conditions. Disability alone was a qualifying route only before January 1, 2025. Disability-based relief now has a separate credit; it cannot be stacked with PTC for the same year.
Applies: 2025 onward · Checked 2026-09-09
Disability Assistance Credit qualification is based on full-year qualifying disability, not necessarily actual receipt of disability payments.
For tax years beginning in 2025 or later, C.R.S. 39-31-104.5 defines a qualified individual as a Colorado resident with a disability throughout the income-tax year sufficient to qualify for full benefits from a bona fide public or private disability-based source. The impairment must prevent substantial gainful activity and be expected to result in death or have lasted at least twelve continuous months. CDPHE's 2025 filing guidance specifies residence from January 1 through December 31, 2025. The credit is refundable and cannot be claimed with PTC for the same tax year. Use the applicable year's statutory federal-AGI boundaries; dependent-filer treatment needs separate confirmation.
Applies: 2025 claim-year implementation, filed in 2026 · Checked 2026-09-09
2025 example: a $2,000 taxable conversion can remove a $400 Disability Assistance Credit.
For an otherwise eligible single filer, 2025 federal AGI $19,000 gives $400; adding a fully taxable $2,000 conversion gives $21,000 and $0. Loss: $400, separate from income tax. Hold other AGI components constant. A qualified $2,000 Roth distribution instead leaves AGI unchanged. A Colorado pension subtraction cannot reduce federal AGI. This is a 2025 example only.
Applies: 2025 tax year only · Checked 2026-09-09
Colorado's LTC eligibility rule counts the applicant's self-funded retirement account even when it pays monthly income.
Current 10 CCR 2505-10 8.100.5.N includes IRAs, Keogh plans, 401(k)s, 403(b)s and other self-funded retirement accounts. An account in the applicant's name is countable as a resource. The rule values it at gross account value less taxes due, regardless of whether monthly income is being received. If the applicant cannot provide the taxes due, the rule deducts 20% from gross value. Taking RMDs or other monthly payouts therefore does not by itself make the account balance exempt. Evaluate distribution income and retained cash separately; federal Roth tax treatment alone does not determine Medicaid eligibility.
Applies: Current version dated 2026-06-12; substance unresolved · Checked 2026-09-09
Community-spouse retirement accounts are included in Colorado's LTC resource assessment, subject to the spousal allowance rules.
Under current 10 CCR 2505-10 8.100.5.N(4), self-funded retirement accounts in a community spouse's name are countable when the applicant seeks long-term-care institutional, HCBS or PACE coverage. They may be included in the Community Spouse Resource Allowance up to the applicable allowable amount. Sections .7.M-.7.P govern allocation and income attribution: properly allocated CSRA resources are not treated as available to the institutionalized spouse, and resource assessment is not a rule automatically deeming all community-spouse income to that spouse. Check the applicable year's Community Spouse Resource Allowance maximum separately.
Applies: 2026 LTC spouse application unresolved · Checked 2026-09-09
Colorado estate recovery is separate from both income-tax treatment and Medicaid eligibility.
C.R.S. 25.5-4-302 permits recovery for assistance received at age 55+ and for institutionalized recipients, subject to federal law, economic appropriateness and waiver authority. Federal protections include a surviving spouse, child under 21, or blind/disabled child, and hardship procedures. This does not establish that every Roth IRA or beneficiary transfer enters the recoverable estate.
Applies: 2026 analysis of current codified authority · Checked 2026-09-09
PERAPlus offers Roth 401(k)/457 options, but 2026 availability depends on the employer.
All employees of PERA employers may enroll in PERAPlus 401(k); not all employers offer 457 or Roth. These are voluntary workplace-plan accounts, not SecureSavings Roth IRAs. Roth deferrals are after-tax; qualified distributions are federally and, where applicable, state/local income-tax-free. Do not treat an ordinary taxable distribution as qualified merely because the plan has a Roth option.
Applies: 2026 before HB26-1026 implementation · Checked 2026-09-09
HB26-1026 is enacted with implementation beginning January 1, 2027.
The act requires PERA-affiliated employers to offer both PERAPlus 401(k) and 457, each with pretax and Roth options. It does not require employee contributions or enrollment. This is effective-later authority, not proof all options were already available in September 2026.
Applies: 2027 onward; signed 2026-06-01 · Checked 2026-09-09
CU offers pretax/Roth 403(b); its 403(b) and PERA 401(k) share the elective-deferral ceiling.
CU faculty/staff can use the TIAA-administered 403(b). For 2026, its ordinary combined 403(b)/401(k) limit is $24,500, not $24,500 for each account; age-50 catch-up gives $32,500, while ages 60-63 use $35,750. Pretax and Roth deferrals share that ceiling. A governmental 457 has a separate limit.
Applies: 2026 calendar year · Checked 2026-09-09
CHFA offers homebuyer assistance in Colorado.
CHFA currently offers home-purchase loan programs, grants and second-mortgage assistance through participating lenders. These program descriptions do not establish a specific applicant's eligibility, grant amount, or a claim that a Roth withdrawal avoids all program income/asset tests.
Applies: Current program availability checked 2026-09-09 · Checked 2026-09-09
Source details
Creditors, beneficiaries and estates: source-linked reference
Colorado expressly covers Traditional and Roth IRAs; paragraph (1)(s) states no dollar ceiling.
Outside bankruptcy, C.R.S. 13-54-102(1) exempts specified property from levy and sale under attachment or execution. Paragraph (1)(s) expressly includes IRC 408 individual retirement accounts and IRC 408A Roth individual retirement accounts, as well as other retirement arrangements. Its complete operative paragraph contains neither a dollar ceiling nor an IRA-specific contribution-age or transfer-lookback condition. This is not protection against every kind of claim. The separate 48-month contribution restriction in paragraph (1)(l) concerns life-insurance cash surrender value, not IRAs. Keep funds held in the account, payments awaiting distribution, and cash already withdrawn distinct.
Applies: 2026 codification; operative retirement paragraph checked as of 2026-09-09 · Checked 2026-09-09
No IRA-specific seasoning rule does not authorize voidable transfers; the 2025 amendments apply by claim-filing date.
Colorado's current statute is the Colorado Voidable Transactions Act, renamed and amended by SB25-133. The act became effective August 6, 2025, and enacted section 12(2) makes it applicable to claims filed on or after that date, not simply to transfers made on or after that date. C.R.S. 38-8-105(1)(a) addresses covered transfers made with actual intent to hinder, delay, or defraud a creditor; sections 38-8-105(1)(b) and 38-8-106 supply separate value and financial-condition tests. Section 38-8-102(2)(b) excludes property generally exempt immediately before transfer under nonbankruptcy law from the asset definition, so a transfer between exempt retirement accounts is not automatically a voidable transfer. Under the current 38-8-110(1)(a), an actual-intent claim must be brought within four years after the transfer or obligation or, if later, one year after it was or reasonably could have been discovered. The other listed current claims have four-year periods, including the section 38-8-106(2) insider claim formerly subject to one year. These are claim-extinguishment periods, not an IRA contribution exclusion for the last four years. Application to an older transaction, any already extinguished claim, bankruptcy avoidance and available remedies require case-specific legal review.
Applies: 2026 codification; SB25-133 effective August 6, 2025 · Checked 2026-09-09
Money already paid out is not protected by the retirement paragraph merely because it came from retirement savings.
In In re Gordon, the Tenth Circuit interpreted C.R.S. 13-54-102(1)(s) not to protect funds already paid from a retirement plan. The actual case concerned the remaining cash from a lump-sum 401(k) withdrawal placed in a savings account, not an inherited IRA. This holding construes the common statutory paragraph covering IRAs; do not imply it was an IRA-specific factual ruling. The 2026 annotated Colorado code still expressly lists Gordon for this rule. Separate currently available exemptions and qualifying federal bankruptcy rollover rules must be evaluated before describing withdrawn cash as reachable.
Applies: Decision June 26, 2015; retained in 2026 statutory annotation · Checked 2026-09-09
A separate $2,500 cumulative deposit-account exemption may protect some withdrawn cash.
C.R.S. 13-54-102(1)(w) protects up to $2,500 cumulatively in depository accounts in the debtor's name. It is not $2,500 for each account. Illustrative ordinary-creditor case: assume $10,000 of withdrawn retirement cash is the debtor's only depository balance, the full deposit exemption is available, and no exception or other exemption applies. Paragraph (w) amount = min($10,000, $2,500) = $2,500; $10,000 - $2,500 = $7,500 is not protected by paragraph (w). That is not a forecast that a creditor will recover $7,500. Ownership, procedure, other exemptions, support/federal claims, and any valid rollover must be resolved separately.
Applies: 2026 codification; current $2,500 deposit-account text established by SB22-086, effective April 7, 2022 · Checked 2026-09-09
Source details
Colorado specifies FIFO tracing, with a single-transaction pro-rata rule; tracing does not create an exemption.
Under 13-54-102(6), where exempt assets are commingled with nonexempt assets, first-in first-out accounting determines the exempt portion. Where exempt/nonexempt assets are commingled as part of a single transaction, amounts withdrawn for that transaction are assessed pro rata. The rule applies to Colorado statutory asset-seizure exemptions except those requiring segregation. It presupposes that the asset is exempt; it does not by itself overturn Gordon or restore paragraph (1)(s) protection after an ordinary withdrawal. Preserve statements and transaction records; a commingling calculation requires the underlying exemption and transaction sequence to be established.
Applies: 2026 codification; subsection (6) added by SB22-086, effective April 7, 2022 · Checked 2026-09-09
Retirement benefits can be attached for child-support arrears or child-support debt, subject to statutory limits.
Section 13-54-102(3) expressly overrides the retirement exemption for a judgment for child-support arrearages or child-support debt, subject to 13-54-104. Section 13-54-104(1)(b)(II)(B) includes pension or retirement benefits or payments in its child-support earnings definition. For support enforcement, 13-54-104(3)(b) ordinarily caps the attachable share of weekly aggregate disposable earnings at 50% when the debtor supports another spouse/dependent child, or 60% otherwise. The figures become 55%/65% to the extent enforcement concerns a period before the preceding twelve-week period. A totally and permanently disabled debtor with at least 75% of income derived from disability income/benefits can seek a lower amount under (3)(b)(III). These are ceilings, not amounts automatically due; do not apply the percentages mechanically to a whole IRA balance. Paragraph 13-54-102(3) names child support, not every alimony or marital-property award. Other domestic-support and divorce rules require their own authority.
Applies: 2026 codification, checked September 9, 2026 · Checked 2026-09-09
The statutory exemption has a specific exception for a qualifying felonious-killing judgment.
Notwithstanding the section's other provisions, property of a person who commits a felonious killing, as defined and determined under 15-11-803, is subject to attachment or levy for a judgment under 13-21-201 or 13-21-202 for that killing. This exception is not a general statement that every civil tort judgment defeats IRA protection. Beneficiary disqualification under the probate homicide statute is a separate issue.
Applies: 2026 codification · Checked 2026-09-09
Colorado's state exemption does not itself defeat federal tax collection.
The IRS explains that state exemption laws do not prevent federal tax liens or create federal levy exemptions, and specifically states that a federal tax lien attaches to a taxpayer's IRA. Federal assessment, notice, levy restrictions, ownership rights, and retirement-account collection procedures still govern whether and when collection occurs. A state ordinary-creditor exemption is not an IRS-levy exemption. Do not turn this into an instruction to liquidate or transfer an IRA in response to a tax claim.
Applies: Current IRM fetched September 9, 2026 · Checked 2026-09-09
Colorado opts out of the federal subsection (d) list, but bankruptcy domicile rules and federal exceptions still matter.
C.R.S. 13-54-107 denies Colorado residents the exemptions in 11 U.S.C. 522(d). It does not repeal the separately available federal retirement-funds exemption in 522(b)(3)(C). Bankruptcy exemption-law selection is not identical to current mailing address or state income-tax residency: 522(b)(3)(A) generally looks to the 730 days before filing; if domicile was not in one state throughout, it uses the 180 days preceding that period, or the longer portion of those 180 days than in any other place. The federal fallback permits subsection (d) if the domicile rule would leave the debtor ineligible for any exemption. A recent mover needs a bankruptcy-law analysis, not an assumed immediate Colorado exemption.
Applies: Colorado 2026 codification; federal statute and currentness checks as of 2026-09-09 · Checked 2026-09-09
A federal retirement-funds exemption is available alongside the state-law exemption route, with qualification conditions.
11 U.S.C. 522(b)(3)(C) protects retirement funds in tax-exempt accounts under IRC 401, 403, 408, 408A, 414, 457 or 501(a), including an owner's qualifying Traditional or Roth IRA. Section 522(d)(12) supplies equivalent retirement wording when the federal list is available. Section 522(b)(4) supplies favorable-determination and alternative compliance requirements; do not describe a disqualified account as automatically protected merely because it is labeled IRA. Section 522(n), Clark's inherited-account limitation, liens and debt-specific exceptions remain relevant. These are bankruptcy rules, not an outside-bankruptcy federal IRA shield.
Applies: Federal law checked September 9, 2026; official 2024 annual-code text with current 2025 judicial materials · Checked 2026-09-09
The current adjusted federal IRA cap is $1,711,975 in aggregate, not per account.
For cases filed April 1, 2025 through March 31, 2028, the scheduled 11 U.S.C. 522(n) amount is $1,711,975. The statute aggregates the debtor's affected IRC 408/408A IRA assets; opening more accounts does not multiply it. Section 522(n) excludes SEP accounts under 408(k), SIMPLE accounts under 408(p), and the separately enumerated qualified-plan rollover amounts and earnings; a court may increase the amount if the interests of justice require. The cap is not an across-the-board ceiling on every retirement arrangement or every possible exclusion/exemption. A disputed independent Colorado state-law claim above the federal cap requires separate legal analysis.
Applies: Cases filed April 1, 2025-March 31, 2028, absent an intervening statutory change · Checked 2026-09-09
Source details
U.S. Bankruptcy Court, Northern District of Florida, April 1, 2025 adjustment table, Section 522(n), new amount column; Same official adjustment notice, adjustment footnote; Current 11 U.S.C. 522(n), aggregate limitation; Federal Judicial Center, Consumer Bankruptcy Law: Chapters 7 and 13, second edition, printed pp. 55-56
Only the enumerated qualified-plan rollover lineage and its earnings are left out of the federal cap calculation.
Section 522(n) counts IRA assets without regard to amounts attributable to rollover contributions under IRC 402(c), 402(e)(6), 403(a)(4), 403(a)(5) and 403(b)(8), and earnings on those amounts. Preserve originating-plan and transfer records to substantiate lineage. The list does not name IRA-to-IRA rollover provision 408(d)(3) or Roth-conversion provision 408A(e); the mere act of moving or converting an ordinary contributory IRA does not create a newly uncapped category. This does not decide a complex tracing claim for money originally rolled from a listed plan and later moved or converted. Illustration of the federal cap calculation only: an owner's $2,000,000 IRA consists of $600,000 attributable to a listed plan rollover plus its earnings, and $1,400,000 ordinary IRA money. Counted amount = $2,000,000 - $600,000 = $1,400,000; cap headroom = $1,711,975 - $1,400,000 = $311,975. If all $2,000,000 were ordinary counted assets, $288,025 would exceed the standard cap. Neither illustration resolves other objections, debt exceptions, state-law alternatives or judicial adjustment.
Applies: Current federal cap period April 1, 2025-March 31, 2028 · Checked 2026-09-09
Preserving an existing retirement exemption is different from qualifying for the cap carve-out.
Section 522(b)(4)(C) says an otherwise qualifying direct transfer between listed tax-exempt retirement accounts does not cease to qualify for the federal retirement exemption because of that transfer. Section 522(b)(4)(D) separately addresses eligible rollover distributions and other distributions lawfully redeposited in a listed account within 60 days. Those provisions do not make any and every withdrawal exempt, do not waive tax-law rollover restrictions, and do not automatically turn ordinary IRA contributions into the specific uncapped plan-rollover amounts in 522(n). A nonspouse inherited IRA's permitted trustee transfer does not itself cure Clark.
Applies: Federal law checked September 9, 2026 · Checked 2026-09-09
An IRA retained as an inherited account is not the beneficiary's retirement funds under Clark's federal exemption rule.
Clark v. Rameker held that an inherited IRA did not qualify as retirement funds under 522(b)(3)(C). The Court describes inherited IRAs as Traditional or Roth IRAs inherited after the owner's death. The identical retirement-funds wording in 522(d)(12) is not a workaround. Clark's actual debtor inherited from her mother; do not conflate a retained inherited account with a surviving spouse's valid pre-bankruptcy rollover into the spouse's own IRA. FJC's current discussion recognizes the latter may qualify subject to other tax/exemption requirements. Clark decides the federal retirement-funds route, not the meaning of every state's separate IRA exemption. Its 2014 distribution-rule discussion is not authority for current post-SECURE payout deadlines.
Applies: Decision June 12, 2014; current FJC treatment checked September 9, 2026 · Checked 2026-09-09
A valid written IRA death-beneficiary arrangement can transfer outside ordinary probate administration.
Section 15-15-101(1) recognizes nonprobate death-transfer provisions in individual retirement plans and custodial/account agreements as nontestamentary. Determine the effective designation under the actual governing agreement, including permitted separate writings and applicable state/federal law. The statute does not support the absolute slogan that a will can never matter: paragraph (1) expressly contemplates certain separate writings, including a will. Nonprobate status alone does not mean exemption from every creditor, elective-share or tax claim. A custodian's default beneficiary provisions, a missing/invalid beneficiary or an estate designation must be considered separately.
Applies: 2026 codification · Checked 2026-09-09
Colorado excludes retirement-account transfers from this specific probate-insufficiency clawback statute.
Section 15-15-103 ordinarily can impose liability on specified nonprobate transferees when the deceased Colorado domiciliary's estate cannot pay allowed creditor claims and statutory spouse/child allowances. Paragraph (1)(b)(IV) expressly excludes property/funds held in or payable from pension/retirement plans, IRAs and listed similar arrangements from this section. This is a rule about the decedent's debts and this particular statutory recovery route, not blanket protection against the beneficiary's creditors, federal tax claims, a valid elective-share claim or other independently supported law. Do not mistakenly assign this section's one-year claim period as an IRA beneficiary filing deadline.
Applies: 2026 codification · Checked 2026-09-09
An IRA's individual title and creditor exemption do not decide marital-property division.
Under 14-10-113, the court sets apart separate property and divides marital property in proportions it deems just, without regard to marital misconduct. Property acquired during marriage is generally marital regardless of whether titled separately, with specified exclusions including gifts/inheritance, exchanges of separate property, property acquired after a legal-separation decree, and a valid agreement. An increase in value of specified separate property during marriage can be marital under subsection (4). Applied to an IRA, its marital portion may be divided; neither all of the IRA nor exactly half is automatically awarded. Characterization, dates, records and the court order control.
Applies: 2026 codification · Checked 2026-09-09
Use the IRA-specific divorce-transfer rule; do not substitute a cash withdrawal or a workplace-plan QDRO rule.
IRS 2026 information-return instructions state that transfer/redesignation of an interest from one spouse's IRA to an IRA for the other spouse under a divorce or separation instrument, as provided by 408(d)(6), is tax free and not reported as a distribution on Form 1099-R. The legal instrument and transfer must satisfy that provision. This is not a claim that every negotiated IRA cash payment is tax free, or that an ERISA-plan QDRO is the tax-authorizing mechanism for an IRA. Have the custodian implement the IRA transfer as required by the decree and governing law.
Applies: 2026 information-return instructions, fetched September 9, 2026 · Checked 2026-09-09
Divorce can revoke a pre-divorce revocable beneficiary designation, with express exceptions.
C.R.S. 15-11-804 applies to covered governing instruments executed before divorce or annulment. Except as expressly provided by the instrument, a court order or the specified marital-estate contract, divorce/annulment revokes revocable dispositions to a former spouse and specified relatives of that former spouse. Legal separation that does not terminate the marriage is not itself a divorce for this rule. Remarriage to the former spouse or nullification can revive revoked provisions under subsection (5). Account type, federal preemption, timing and payer notice matter; do not extend the state rule indiscriminately to ERISA plans or promise that leaving an old form untouched is safe.
Applies: 2026 codification; relevant definition amendments effective August 10, 2022 · Checked 2026-09-09
Moving to Colorado does not by itself settle prior community-property interests at death.
Colorado's Uniform Community Property Disposition at Death Act covers specified property traceable to community property, with domicile, ownership, tracing, partition/reclassification and waiver gates. HB26-1189 amended 15-20-103 effective August 12, 2026, distinguishing personal property for Colorado-domiciled decedents from covered Colorado real property regardless of domicile. An IRA owner who previously lived in a community-property jurisdiction may need this reviewed when identifying rights at death. Do not mechanically give a spouse one-half of a nonprobate IRA under 15-20-106: subsection (4) excepts nonprobate/survivorship transfers from that section's operation other than for augmented-estate/elective-share calculations. The act is not authority for a Colorado IRA income-tax basis step-up.
Applies: HB26-1189 effective August 12, 2026; checked September 9, 2026 · Checked 2026-09-09
No Colorado estate tax or Colorado estate-tax return for a September 2026 death under current law.
Colorado's remaining pickup-tax statute measures liability by the federal state-death-tax credit. The Colorado General Assembly explains that the credit's elimination ended Colorado estate-tax collection for deaths after December 31, 2004 and no Colorado estate-tax filing is required for those deaths. Current 2026 sections 39-23.5-103 through 105 retain credit-based formulas, including resident/nonresident/alien provisions; they do not create a separate currently operative tax. For a 2026 death, Colorado estate-tax threshold, positive rate schedule, payer, payment deadline, beneficiary classes and portability are not applicable, rather than a large exemption amount. There is no Colorado estate-tax base to which a Roth balance produces current state liability; that is not a Roth-specific exclusion. Federal estate tax and another jurisdiction's death tax may still apply. No Colorado estate-tax return requirement does not establish that a custodian needs no beneficiary claim documents or that federal release obligations never arise.
Applies: Deaths January 1, 2005 onward; current-law check September 9, 2026 · Checked 2026-09-09
No Colorado inheritance tax applies to a 2026 death; no Colorado beneficiary-class schedule applies.
C.R.S. 39-23.5-116(1) expressly states that the former inheritance-tax laws do not apply to estates of decedents dying on or after January 1, 1980. The current 2026 code identifies former Article 23 as Inheritance and Succession Tax and marks sections 39-23-101 through 39-23-170 repealed, with the repeal effective July 1, 2002. For a 2026 death, a Colorado inheritance-tax payer, beneficiary-class exemption or rate, portability election and inheritance-tax return deadline are not applicable. This does not exclude otherwise taxable inherited Traditional IRA distributions or nonqualified Roth earnings from income tax. Connections of the beneficiary or property to another state require that state's separate analysis.
Applies: Deaths January 1, 1980 onward; current 2026 codification · Checked 2026-09-09
No separate Colorado gift tax applies to a 2026 transfer.
Colorado DOR's March 2006 Tax Update expressly states that Colorado inheritance or gift tax does not apply to transfers made on or after January 1, 1980. The official 2026 code continues to mark former Article 23, captioned Inheritance and Succession Tax, and sections 39-23-101 through 39-23-170 as repealed; its source note dates the repeal to July 1, 2002. The affirmative DOR statement, corroborated by this current codification, supports no separate Colorado gift tax for a 2026 transfer. A state gift-tax exemption amount, rate, payer, filing deadline and portability feature are not applicable. This state-tax finding does not authorize gifting an IRA tax free, waive federal gift-reporting requirements or make an IRA withdrawal exempt from income tax.
Applies: Transfers January 1, 1980 onward; verified against 2026 codification as of 2026-09-09 · Checked 2026-09-09
A qualified inherited-Roth distribution is federally income-tax free and ordinarily adds no Colorado taxable income.
IRS Publication 559 says a distribution to an owner's beneficiary or estate on/after death is qualified if made after the five-tax-year period beginning with the first tax year in which a contribution was made to any Roth IRA of that owner. Death supplies the qualifying event; the beneficiary need not separately be 59 1/2, but the owner's five-year qualification period is not erased. Colorado 39-22-104 starts with federal taxable income subject to specified modifications. Applied to an ordinary qualified inherited-Roth distribution, the federal exclusion carries into that starting point; no Roth-distribution add-back is identified in the current income-tax provisions cited here. This is an income-tax conclusion, not a creditor, Medicaid or estate-tax conclusion. Nonqualified earnings can be taxable, and beneficiary distribution deadlines remain a separate federal requirement.
Applies: Current law checked September 9, 2026; IRS 2025 publications are the fetched current editions · Checked 2026-09-09
Colorado preserves qualifying amounts already taxed by the state to the decedent; inheritance is not an automatic basis reset.
IRS Publication 590-B states that an inherited Traditional IRA retains the decedent's basis from nondeductible contributions, with separate beneficiary basis accounting in the ordinary nonspouse case. Publication 559 treats taxable Traditional IRA amounts up to the decedent's taxable balance and taxable predeath Roth earnings in a nonqualified distribution as income in respect of a decedent. Do not use the ordinary inherited brokerage-account fair-market-value basis rule to erase those amounts. Colorado has an affirmative anti-double-tax rule: 39-22-104(4)(c) subtracts the amount necessary to prevent state taxation of annuity or other income/gain properly included and taxed by Colorado in a prior year to the taxpayer, the decedent from whom the right was inherited, or a distributing trust/estate. Subsection (4)(b) separately addresses qualifying recognized gain/loss on property with a higher Colorado basis. Thus 'Colorado basis always equals federal basis' is too broad, while an automatic death-date IRA basis step-up is unsupported. Any IRA-specific subtraction must document the prior Colorado taxation and satisfy the operative rule; merely living in Colorado, receiving an inheritance, or previously making a Roth conversion does not establish an additional subtraction.
Applies: Current 2026 Colorado codification; federal basis rules checked September 9, 2026 · Checked 2026-09-09
Residence and moving: source-linked reference
Colorado domicile requires an actual home connection and intent to return; an existing domicile continues until another is established.
Under the ordinary rule, the person has a Colorado place of abode and a present intention to return whenever absent. Abode here can mean the place or area, not only a particular building. Intent without physical presence is insufficient to establish a new domicile, and a person has only one domicile at an instant. Temporary absence, including a lengthy absence for work or school, does not by itself end Colorado domicile. The regulation permits genuine seasonal changes in limited circumstances, not a blanket snowbird election. Its separate mobile-home example treats a traveler with no residential home in another state, permanent Colorado ties, and more time in Colorado than in any other state as a full-year domiciliary. The special active-duty military rules must be considered separately, including C.R.S. 39-22-110.5.
Applies: TY2026; current CCR compilation effective 2026-03-02, not a claim that this longstanding rule began in 2026 · Checked 2026-09-09
The person asserting a domicile change or rebutting a presumption bears the evidentiary burden; no single address or registration decides it.
The rule puts the burden of production and persuasion on the person asserting the change or rebutting a presumption and uses objective evidence. Relevant factors include prior domicile, time spent, spouse/dependents, homes, licenses, vehicle and voter registration, work and business assets, benefits, resident returns, statements in documents or social media, financial mailing address, community ties, physicians, and property. Factors are not necessarily equally weighted. Current residence and continuation of an established domicile are presumptions; spouses generally share domicile unless separated, and dependents generally follow the custodial parent. A foreign work assignment does not presumptively abandon Colorado domicile. Tax motivation is not itself disqualifying if abandonment and establishment are genuine. Changing a brokerage mailing address alone cannot establish the result.
Applies: TY2026; current CCR compilation effective 2026-03-02 · Checked 2026-09-09
Outside domicile does not prevent Colorado residency: permanent Colorado abode AND aggregate presence of more than six months can establish statutory residency.
The two routes are alternatives: Colorado domicile, OR the statutory test. The latter requires BOTH maintaining a permanent place of abode in Colorado and spending, in aggregate, more than six months of the taxable year in Colorado, subject to express regulatory exceptions. Neither a Colorado home alone nor the time condition alone satisfies that second route. The operative law uses months, not an independently stated 183-day threshold. Remaining below the statutory time threshold does not make an existing Colorado domiciliary a nonresident.
Applies: TY2026; 2026 Colorado Revised Statutes · Checked 2026-09-09
Domicile can be established on the first day of physical presence under the ordinary rule; statutory residency separately uses more than six aggregate months plus a permanent Colorado abode.
For ordinary domicile, Rule 39-22-103(8)(a)(2)(a)-(c) requires the abode, physical presence and required present intent; presence alone is insufficient. Rule (2)(c)(ii) says domicile can be established on the first day of physical presence; time spent is evidence of intent, not a minimum waiting period or a safe harbor. Rule (2)(a)(iv)-(v) also preserves an existing domicile during temporary absence until another domicile is established. The separate statutory test in C.R.S. 39-22-103(8)(a) and Rule (3) retains more than six aggregate months and a permanent Colorado abode, subject to its exceptions. Do not substitute a universal 183/184-day conversion, leap-year threshold, partial-day rule, or transit exception for the stated statutory test. Rule 39-22-109's majority-of-work-time day count and inbound/outbound travel provisions allocate wages; they are not a domicile or statutory-residency counter. Do not rely on an automated day count alone to determine residency.
Applies: TY2026 question unresolved as of 2026-09-09 · Checked 2026-09-09
A permanent abode generally turns on a possessory right to live there, not ownership or personal liability on the lease.
A rented apartment can qualify, as can a recreational vehicle with sleeping and cooking facilities. Mere ownership or leasing of real property is not itself a presumption that it is an abode. A home leased to unrelated occupants is presumed not to be a permanent abode when the owner has no right to occupy any part and does not use it as a mailing address during the lease. The regulation also gives presumptions for campground lots without hookups and lodging lacking ordinary residential facilities. Whether a retained Colorado home remains available after a move matters to the move-year exception. Employer-provided temporary housing needs case-specific advice because two paragraphs of the regulation conflict.
Applies: TY2026; current CCR compilation effective 2026-03-02 · Checked 2026-09-09
A genuine move may produce part-year residency even after lengthy Colorado presence, but the retained-abode conditions are essential.
The six-month rule does not apply to a Colorado domiciliary who abandons that domicile during the tax year and does not maintain a permanent Colorado abode afterward. It also does not apply to a person domiciled elsewhere who establishes Colorado domicile during the year, unless the person already had a Colorado place of abode while domiciled elsewhere. Thus neither an outbound nor inbound move is automatically a clean part-year case. The same paragraph separately excepts servicemembers stationed in Colorado under orders and out-of-state-domiciled college students without a permanent Colorado abode. These exceptions to statutory residency do not substitute for proving the underlying domicile facts.
Applies: TY2026; current CCR compilation effective 2026-03-02 · Checked 2026-09-09
Part-year Colorado tax uses a tentative full-year tax multiplied by an income ratio, not days or months of residence.
Rule 39-22-110(1) computes tentative Colorado tax as if the taxpayer were a full-year resident and multiplies it by Colorado modified federal adjusted gross income divided by total modified federal adjusted gross income. The numerator combines resident-period income and Colorado-source income from the nonresident period, then applies the prescribed allocation of adjustments, additions and subtractions. The denominator is modified federal AGI, not simply federal taxable income. The ratio may exceed one hundred percent and cannot be negative. Federal-joint filers must also file jointly in Colorado; differing spousal residency requires appropriate income allocation, not invented separate state filing status. DR 0104PN is the associated apportionment schedule.
Applies: TY2026 statutory/regulatory method; 2026 form line numbers not verified · Checked 2026-09-09
A wholly before-move versus wholly after-move IRA conversion can illustrate Colorado income allocation only after residency is independently established.
Illustrative assumptions, not a DOR ruling: an individual actually abandons Colorado domicile and establishes another state's domicile on July 1, 2026, retains no permanent Colorado abode afterward, and has no other basis for Colorado residency after that date. Compare mutually exclusive direct Traditional-IRA-to-Roth conversion scenarios with an assumed $10,000 federally taxable amount and no basis issue. If the distribution, completed conversion and income recognition all occur June 15, the full $10,000 is resident-period income for Colorado allocation before any allowable subtraction. If all occur August 15 while the individual is neither a Colorado resident nor domiciliary, the protected IRA income contributes $0 to Colorado-source gross income. This is an applied reading of the cited rules, not a specific Colorado conversion-date ruling. It does NOT establish a $0 total Colorado bill or a fixed tax saving: tentative tax, the denominator, deductions, other income, credits, and the new state's law still matter.
Applies: Hypothetical TY2026 dates and amounts; no final TY2026 rate or dollar-tax result assumed · Checked 2026-09-09
4 U.S.C. 114 bars a state from taxing covered retirement income of someone who is neither its resident nor its domiciliary.
The protection includes any income from an individual retirement plan under IRC 7701(a)(37), which defines individual retirement accounts and annuities; Roth IRAs are individual retirement plans under IRC 408A. A taxable conversion from a Traditional IRA is treated federally as a distribution, making the IRA-income coverage relevant. The life/periodic-payment conditions attached to certain nonqualified deferred-compensation arrangements in 114(b)(1)(I) are not conditions on the IRA category in (E). The federal rule does not establish that a move changed residency, eliminate federal conversion income tax, or prevent the new resident state from taxing under its own law. State is defined to include political subdivisions. A lump-sum IRA payment does not lose the IRA-category protection merely because it is not paid in installments.
Applies: Amounts received after 1995-12-31; current 4 U.S.C. 114 checked through laws in effect 2026-09-08 · Checked 2026-09-09
Colorado's current source rule expressly honors 4 U.S.C. 114, including protected benefits earned during earlier Colorado work or residency.
The nonresident deferred-compensation provision expressly excludes income protected by 4 U.S.C. 114 even where the retirement benefit was earned during Colorado residency or Colorado-source employment. Thus earlier Colorado contributions or employment do not alone establish Colorado-source taxation of a later protected nonresident IRA distribution. This is affirmative Colorado implementation of federal protection; no independently supported broader state-only rule for all retirement-like compensation is asserted. Amounts outside the federal categories can still require the regulation's ordinary compensation sourcing analysis. Current state residency must be resolved first.
Applies: TY2026; current CCR compilation effective 2026-03-02 · Checked 2026-09-09
The IRA deduction is allocated using Colorado wages/self-employment income relative to total wages/self-employment income, not the conversion receipt rule.
For the numerator of the part-year apportionment ratio, the regulation assigns IRA deductions among specified federal above-the-line adjustments using the ratio of Colorado wages and Colorado self-employment income to total wages and/or self-employment income. This is contribution-side deduction allocation, not a rule spreading a taxable IRA distribution or conversion over work days, residence months, or contribution years. Confirm federal deduction eligibility and any special or zero-denominator facts separately before calculating a return.
Applies: TY2026 regulatory allocation method · Checked 2026-09-09
An allowable pension/annuity subtraction is allocated to Colorado to the extent its underlying income is in Colorado gross income.
The apportionment rule links the subtraction to the underlying or related income included in Colorado gross income under the resident/nonresident allocation rule. It sends the reader to the separate pension-subtraction rule for qualification and limitations. This does not authorize inventing a months-resident fraction of an annual cap or assigning a full subtraction against protected out-of-state retirement income in the Colorado numerator. Before calculating an example, separately check the particular conversion's eligibility, age gates, cap usage and Social Security coordination.
Applies: TY2026 regulatory allocation method; no cap amount or conversion eligibility assumed · Checked 2026-09-09
A move does not supply a new federal IRA basis or erase contribution/conversion history; preserve the existing records.
IRS instructions define Traditional IRA basis from nondeductible contributions and nontaxable rollover amounts, reduced by nontaxable distributions and required adjustments. Retain Forms 8606, 5498, 1099-R, relevant returns and worksheets, including records of prior Roth contributions and conversions. Federal Roth qualified-distribution seasoning starts with the first qualifying contribution year, not with arrival in Colorado; this is an application of the federal history-based rules, not a special Colorado reset rule. Historical state-only after-tax amounts are a separate issue and must not be inserted into federal Form 8606 basis without federal authority.
Applies: Federal recordkeeping and history rules in 2025 instructions, checked 2026-09-09; no 2026 contribution limits inferred · Checked 2026-09-09
Colorado-source wages and protected nonresident IRA income use different rules; a wage work-day fraction does not allocate an IRA conversion.
Under Rule 39-22-109(3)(b)(i), a nonresident employee's work physically performed in Colorado generally produces Colorado-source wages unless a more specific rule applies. Telecommuting from outside Colorado is not Colorado work under that rule. Its work-day allocation uses days meeting the majority-of-work-time test divided by total work days; it includes travel time to Colorado and excludes travel time departing Colorado from Colorado work-day hours. Those compensation rules do not determine domicile or spread an IRA conversion over work days. Covered IRA income of someone who is neither Colorado resident nor domiciliary is separately protected by 4 U.S.C. 114 and Colorado Rule 39-22-109(3)(b)(xi). Reciprocal wage-tax agreements are a separate question; confirm any agreement-specific treatment before relying on it.
Applies: TY2026 wage-source rule; current reciprocity inventory unresolved · Checked 2026-09-09
Military orders alone do not change protected tax domicile; married servicemembers and spouses have specific federal residence-election choices.
50 U.S.C. 4001(a)(1)-(2) protects against gaining or losing residence solely through presence or absence caused by military orders, including a spouse's presence solely to accompany the servicemember. For any taxable year of marriage, subsection (a)(3) allows the servicemember and spouse to elect the servicemember's residence/domicile, the spouse's residence/domicile, or the permanent duty station, regardless of marriage date. Its military-compensation and spouse-service-income provisions are not blanket IRA exemptions. Resolve the permitted tax-residence treatment and the separate retirement-income rule before classifying a conversion. Colorado's older regulatory citations must not narrow the later federal election.
Applies: Current federal law checked through 2026-09-08; residence election amended 2023-01-05 · Checked 2026-09-09
Colorado has a limited 305-day overseas active-duty nonresident election, not a general civilian or snowbird absence exception.
Under Rule 39-22-103(8)(b), a Colorado-domiciled servicemember stationed on active military duty outside the fifty states, District of Columbia and United States possessions for at least 305 days of the tax year may elect nonresident treatment on the Colorado return. A spouse accompanying the servicemember for the required overseas period may also elect if the servicemember makes the election. Days need not be consecutive, but all must fall within the relevant tax year. This is not a rule allowing every Colorado domiciliary absent for that many days to become a nonresident. Do not infer an automatic IRA conversion exemption solely from deployment; verify the election and its return treatment.
Applies: TY2026; current statute and CCR compilation effective 2026-03-02 · Checked 2026-09-09
Current rules and effective dates: source-linked reference
The official 2026 C.R.S. compilation is available; the 2025 Title 39 is no longer the newest compilation.
The legislature's 2026 titles index links to the OLLS Title 39 PDF. Its current text incorporates the 2026 regular-session amendments and the activated 2025 ballot language. Read this edition together with enacted session laws when checking current law. The final 2026 Red Book, updated July 2, 2026, supplies a section-level amendment inventory. The current codification does not by itself resolve every interpretation or replace final agency implementation.
Applies: 2026 codification, checked 2026-09-09 · Checked 2026-09-09
SB25-136 was lost; its proposed 2026 unlimited retirement subtraction never became law through that bill.
The official history records indefinite postponement on February 27, 2025. The introduced summary would have removed pension/annuity subtraction caps regardless of age or income beginning in 2026. The page explicitly labels that summary as introduced and the bill as Lost. A description of this proposal as signed law cannot support a 2026 tax rule. Current 2026 statutory pension caps remain in section 39-22-104(4)(f).
Applies: Failed 2025-02-27; proposed applicability would have begun TY2026 · Checked 2026-09-09
HB26-1062 was lost on February 9, 2026; it supplies no enacted cap removal.
The official House history records indefinite postponement. The proposed expansion was for individuals age 55 or older and tax years beginning in 2027, not an enacted 2026 expansion. Its later final fiscal-note publication does not change the bill's Lost status. Do not combine this proposal with SB25-136 or turn either proposal's summary into current law.
Applies: Failed 2026-02-09; proposed applicability TY2027 onward · Checked 2026-09-09
Signed HB26-1289 amends other parts of section 39-22-104, not the retirement caps, statutory rate or high-income deduction gate.
Section 4 amends (3)(t) and (3)(u), and adds (3)(v) and (4)(ff). The signed page makes the overtime add-back's TY2026-and-later start explicit in (3)(u); the (3)(t) edit removes a conjunction while retaining the forfeited employer home-savings contribution provision. Section 4 does not amend (4)(f), (1.7)(c), or (3)(p.7). These amendments do not repeal the retirement cap. The new opportunity-fund mechanism is separate.
Applies: Act effective 2026-06-03; overtime provision expressly TY2026 onward · Checked 2026-09-09
The enacted opportunity-fund add-back/recovery mechanism begins in 2027; it is not a 2026 Roth-conversion exemption.
New (3)(v)(I)(A) adds federally excluded opportunity-fund gain to the extent it exceeds the gain invested in a qualifying Colorado fund, for tax years beginning in 2027. Paragraph (B) separately addresses gain excluded under IRC 1400Z-2(c) for non-Colorado-fund investments made after December 31, 2026. New (4)(ff) allows the corresponding later-recognition subtraction, beginning in 2027, only to the extent the gain was previously added under (3)(v). This paired mechanism concerns opportunity-fund gains, not IRA distributions or pension-cap removal.
Applies: TY2027 onward; separate investment-date gate after 2026-12-31 · Checked 2026-09-09
Source details
Certified 2025 results establish passage of Proposition MM and support activation of the 2026 deduction add-back rule.
The Secretary of State's certificate is dated November 26, 2025 for the November 4 election. The Proposition MM statewide row reports 1,010,644 Yes and 681,400 No, total 1,692,044. The 2026 statute states that (3)(p.7) constitutes a voter-approved revenue change approved in November 2025. Proposition LL is a different measure concerning retention of revenue from the earlier deduction limits; it should not be substituted for MM's activation evidence.
Applies: Election 2025-11-04; certification 2025-11-26; tax branch TY2026 onward · Checked 2026-09-09
Use statutory federal AGI and the inclusive boundary; official ballot and guide shorthand differ.
The official Proposition MM ballot text says federal taxable income of $300,000 or more. The operative 2026 statute instead uses federal adjusted gross income equal to or exceeding that amount. Separately, DOR's January 2026 guide, p.7, correctly shows the new deduction-limit years but describes AGI as exceeding $300,000, omitting equality. Neither shorthand should redefine the calculation. Use the statutory gate for this calculation. Filing-status implementation and overlapping deduction add-backs still need separate confirmation.
Applies: TY2026 onward · Checked 2026-09-09
DOR's current developer inventory marks the 2026 main return and relevant schedules Draft, posted September 3, 2026.
The 2026 grid's first column group lists DR 0104, revision 08/28/26; DR 0104AD, 07/08/26; DR 0104AMT, 07/30/26; and DR 0104PN, 07/20/26. Each has Date Posted 09/03/26, Status Draft and Release Date Annual. The developer page defines Draft as evaluation material and Annual as not available for public release until January 1, 2027. The inventory lists these forms as drafts, not finalized forms; it does not mean every 2026 tax form is absent.
Applies: TY2026 annual return package; draft posted 2026-09-03; stated public-release date 2027-01-01 · Checked 2026-09-09
Enacted HB26-1419 changes future TABOR over-refund accounting conditionally; it does not itself set the 2026 income-tax rate.
If the Controller certifies in September 2026 that FY2025-26 revenues did not exceed the TABOR limit, new 24-77-103.7(4.5) requires a determination before November 16, 2026 of the FY2024-25 over-refund associated with the specified federal-law revenue effect. The amount can offset refunds only for fiscal years beginning on or after July 1, 2026, with no more than one-half used in any fiscal year. The enacted mechanism alone does not confirm that the certification condition has been met or establish the final amount. Do not treat a projected offset as a personal conversion tax, settled refund amount or rate certification.
Applies: Enacted 2026-06-03; conditional determination before 2026-11-16; offsets FY2026-27 onward · Checked 2026-09-09
Colorado alternative minimum tax is separate from the regular-tax conversion illustrations.
Section 39-22-105 imposes additional Colorado AMT equal to the excess of tentative minimum tax, calculated at 3.47% of the separate Colorado AMT base, over regular Colorado income tax. This is not an extra 3.47% tax on every conversion dollar. The DOR guide directs taxpayers to prepare federal Form 6251 and Colorado DR 0104AMT, with a separate base and applicable Colorado modifications. The guide's examples exclude AMT; their regular-tax differences are not total state-tax effects.
Applies: TY2026; current statutory AMT mechanism applies to years beginning on or after 2000-01-01 · Checked 2026-09-09
The 2026 PTC technical amendment retains distinct 2023 and inflation-adjusted 2024-and-later formula branches.
HB26-1216 section 3 amends 39-31-101(2)(d) and (2.1), adding the alternative conjunction between the calendar-year branches and an explicit heat/fuel-grant introductory phrase. For years beginning in 2024 and later, the text uses the prior-year maximum adjusted for inflation, with the existing phase-out and flat-grant comparison. The act's historical 2023 amounts are not 2026 grant maxima. This amendment does not reinstate disability-only PTC eligibility or establish the 2026 dollar table, which needs separate confirmation.
Applies: Effective 2026-08-12; distinguishes 2023 grants from 2024-and-later indexed grants · Checked 2026-09-09
Enacted SB26-116 expressly ends the special qualified-senior primary-residence classification after property-tax year 2026.
Section 1 limits the special classification under 39-1-104.6 to property-tax years beginning in 2025 but before January 1, 2027, and ends its ordinary application window at July 15, 2026. The act also aligns related notice/reporting provisions. This ends the temporary classification, not the separate senior homestead exemption, and does not create a new conversion-income/AGI test. Do not promise this particular classification for property-tax year 2027 from an older open-ended webpage.
Applies: Act effective 2026-08-12; classification property-tax years 2025-2026 only · Checked 2026-09-09
Fidelity's current conversion packet supports a voluntary state-withholding election for Colorado-address IRAs.
Fidelity's Roth IRA Conversion form includes a state-withholding section, with elections not to withhold unless legally required or to withhold a whole-number percentage. In its January 2026 state table, Colorado falls within All Other States, for which withholding is not mandatory under the described ordinary procedure but may be elected. The packet uses the IRA's legal/residential address and cautions that withholding rules can change. This establishes a named custodian's published election support, not a universal Colorado percentage, minimum, legal domicile rule, live-account default or guarantee that every online conversion path uses the paper form.
Applies: Packet fetched 2026-09-09; state-withholding attachment dated 01/26 · Checked 2026-09-09
Initiative 195 qualified for the November 2026 ballot; its proposed graduated income-tax changes are not current enacted rates.
The Secretary of State's September 1, 2026 release affirmatively reports ballot qualification for the November 3 election. The final petition text, section 3, would introduce graduated individual rates for tax years beginning on or after January 1, 2027. Ballot qualification is not voter approval or enactment. These proposed rates do not belong in a 2026 current-law calculation. Recheck the proposal's status before relying on rates for a later year. No election outcome is predicted.
Applies: Qualified 2026-09-01 for election 2026-11-03; proposed rate applicability TY2027 onward · Checked 2026-09-09