Statutes, codes, and regulations
Colorado Administrative Code
Department 200 - Department of RevenueDivision 201 - Taxation Division
Rule 1 CCR 201-2 - INCOME TAX
Rule 39-22-123.5 - Earned Income Tax Credit

Colo. Code Regs. 39-22-123.5

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Current through Register Vol. 47, No. 17, September 10, 2024
Rule 39-22-123.5 - Earned Income Tax Credit

Basis and Purpose. The bases for this rule are sections 39-21-112(1), 39-21-113, 39-22-123, and 39-22-123.5, C.R.S. The purpose of this rule is to clarify the availability and calculation of the earned income tax credit.

(1) The Colorado earned income tax credit is allowed:
(a) under section 39-22-123, C.R.S., for tax years commencing during 1999, 2000, 2001, and 2015; and
(b) under section 39-22-123.5, C.R.S. for income tax years commencing on or after January 1, 2016.
(2) Under section 39-22-123.5(2), C.R.S., the allowable Colorado earned income tax credit is equal to a percentage of the allowed federal earned income tax credit. If the federal earned income tax credit a taxpayer claims is disallowed, in whole or in part, or otherwise adjusted, the allowable Colorado earned income tax credit under section 39-22-123.5(2), C.R.S., shall be adjusted accordingly based on the amount of the federal credit that is allowed. However, additional Colorado earned income tax credit may be allowable under sections 39-22-123.5 (2.5) or (2.7), C.R.S.
(3) In the case of a part-year Colorado resident, the allowable Colorado earned income tax credit shall be apportioned by multiplying the credit otherwise calculated pursuant to section 39-22-123.5, C.R.S., by the ratio determined under section 39-22-110(1), C.R.S.; except that the ratio for apportioning the Colorado earned income tax credit may not exceed 100%, even if the ratio determined under section 39-22-110(1), C.R.S., exceeds 100%.

39-22-123.5

Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/14/2014
37 CR 18, September 25, 2014, effective 10/15/2014
37 CR 19, October 10,2014, effective 10/30/2014
37 CR 22, November 25, 2014, effective 12/16/2014
38 CR 04, February 25, 2015, effective 3/17/2015
38 CR 07, April 10, 2015, effective 4/30/2015
38 CR 11, June 10, 2015, effective 6/30/2015
38 CR 22, November 25, 2015, effective 12/15/2015
38 CR 24, December 25, 2015, effective 1/14/2016
38 CR 24, December 25, 2015, effective 1/19/2016
39 CR 01, January 10, 2016, effective 1/30/2016
39 CR 16, August 25, 2016, effective 9/14/2016
40 CR 08, April 25, 2017, effective 5/15/2017
40 CR 12, June 25, 2017, effective 7/15/2017
40 CR 16, August 25, 2017, effective 9/14/2017
40 CR 23, December 10, 2017, effective 1/1/2018
41 CR 14, July 25, 2018, effective 8/14/2018
41 CR 20, October 25, 2018, effective 11/14/2018
42 CR 02, January 25, 2019, effective 12/18/2018
42 CR 02, January 25, 2019, effective 12/18/2018, expires 4/17/2019
42 CR 06, March 25, 2019, effective 4/14/2019
43 CR 04, February 25, 2020, effective 3/16/2020
43 CR 13, July 10, 2020, effective 6/2/2020
43 CR 17, September 10, 2020, effective 9/30/2020
44 CR 03, February 10, 2021, effective 3/2/2021
44 CR 07, April 10, 2021, effective 4/30/2021
44 CR 08, April 25, 2021, effective 5/15/2021
45 CR 01, January 10, 2022, effective 1/30/2022
45 CR 04, February 25, 2022, effective 3/17/2022
45 CR 05, March 10, 2022, effective 3/30/2022
46 CR 11, June 10, 2023, effective 5/2/2023
46 CR 09, May 10, 2023, effective 5/30/2023