The Colorado Department of Revenue, Division of Taxation, will host a public rulemaking hearing on the income tax rules listed below at 10:00 a.m. on November 30, 2023.
This hearing will be conducted virtually. The Department has created a Virtual Rulemaking Hearing Guide that provides more information for participants
Proposed Rules:
● 39-22-104(2)-1. Modification to Federal Taxable Income for FAMLI Benefits. The purpose of this rule is to clarify that the exemption from state income tax for family and medical leave insurance benefits is applied as a subtraction from federal taxable income.
● 39-22-104(3)(d). State Income Tax Addback. The purpose of this rule is to provide guidance regarding the addition to federal taxable income required for individuals, estates, and trusts for state income taxes, including FAMLI premiums, deducted by the individual, estate, or trust or by a partnership or S corporation in which the individual, estate, or trust is a partner or shareholder.
● 39-22-104(3)(p). Itemized Deductions Addback. The purpose of this rule is to provide guidance to certain individual income taxpayers who are required to add back a portion of the itemized deductions from their federal income tax return to determine their Colorado taxable income pursuant to House Bill 21-1311.
● 39-22-104(3)(p.5). Federal Deductions Addback. The purpose of this rule is to provide guidance to certain individual income taxpayers who are required to add back a portion of the itemized or standard deductions from their federal income tax return to determine their Colorado taxable income pursuant to House Bill 22-1414 and Proposition FF.
The Department encourages participants to participate through video conference because of additional participation features it provides. Participants are welcome to use a webcam to appear by video but may also leave their video camera off. If you would like to virtually attend the rulemaking hearing, please register to participate virtually.
Parties wishing to attend or participate by teleconference should connect as follows:
Phone Number: 1 (669) 900-6833
Meeting ID: 857 0189 7538
The Department will accept oral and written comments on these proposed rules. Oral comments will be accepted by video and telephone conference at the hearing. Written comments may be submitted to dor_taxrules@state.co.us in advance or in lieu of oral commentary at the hearing and will be accepted until 5:00 P.M. on November 30, 2023.
You can find the proposed rules and statements of basis and purpose at the links above.
The proposed rules will be published in the Colorado Register on November 10, 2023.
We would appreciate your feedback to help us measure and improve the success of the rulemaking program. If you participate in the rulemaking process, we invite you to complete a short survey. Follow the link and choose the "I participated in the Rulemaking Process (written comments, workgroup meeting, or hearing)" option.