Enlarge image | DR 0106K (12/08/22) Page 21 COLORADO DEPARTMENT OF REVENUE Tax.Colorado.gov Partnership Instructions for Colorado K-1 (DR 0106K) Partnerships must complete a Colorado K-1 (DR 0106K) Part-Year Residents & Nonresidents for additional for each of its partners for each tax year. Completed assistance in determining Colorado residency Colorado K-1s must be fi led with the Department, as for individuals. described below. On or before the date the Colorado K-1s • An estate is a Colorado resident if it is the estate of a are fi led with the Department, the partnership must furnish deceased person that is administered in Colorado in a each partner with a copy of the Colorado K-1 reporting proceeding other than an ancillary proceeding. their income, deductions, modifi cations, and credits. • A trust is a Colorado resident if it is administered in Colorado. Due Dates A C corporation that is a partner in a partnership Colorado K-1s due to be fi led the fi fteenth day of the fourth is a Colorado resident partner if it is organized month after the close of the tax year, or after the automatic under Colorado law. six-month extension, if applicable. Colorado K-1s for A partnership that is a partner in another partnership is a calendar year 2022 are due on April 15, 2023. If the due Colorado resident partner if it is organized under Colorado date falls on a weekend or federal holiday, the Colorado law. A limited liability company (LLC) that is treated as a K-1s will be due the next business day. partnership for federal income tax purposes is treated as a partnership for Colorado income tax purposes. Filing Colorado K-1s with the Department Partnerships must submit a copy of each partner’s Colorado Part-Year Resident Partners K-1 to the Department. These copies may be submitted in If a partner was a resident for only part of the tax year, spreadsheet or XML form at Colorado.gov/RevenueOnline. check the box to indicate that they were a resident and Partnerships may also enter the data manually at complete the Colorado K-1 for the partner following the Colorado.gov/RevenueOnline. Finally, paper copies may instructions for resident partners. be submitted with the Annual Transmittal of DR 0106K – Colorado K-1 Forms cover sheet (form DR 1706) by mail to: SALT Parity Act Election Colorado Department of Revenue If the partnership has made an election for the tax year Denver, CO 80261-0006 pursuant to section 39-22-343, C.R.S., to be subject to tax at the entity level, check the applicable box to indicate the Do not submit the copies of the Colorado K-1s issued SALT Parity Act election. A SALT Parity Act election made to partners (or the DR 1706 transmittal form) as an by a partnership is binding on all of its partners, regardless attachment to the partnership’s income tax return. of whether the partner is an individual, corporation, or other legal entity, and regardless of whether the partner is a Completing the Colorado K-1 resident or nonresident. Fiscal Year Filers Nonresident Partners If the partnership’s tax year is a fi scal year, enter the dates If the partnership did not make a SALT Parity Act election the partnership’s fi scal year begins and ends. and the partner is a nonresident of Colorado, check the applicable box to indicate whether the partnership is, with Information About the Partner respect to the nonresident partner, fi ling a composite return, Enter the partner’s name and address. fi ling a DR 0107, or remitting payment with a DR 0108. Enter the partner’s applicable tax identifi cation number. • Composite Return – A partnership may fi le a If the partner is an individual, enter the individual’s social composite return on behalf of one or more of its security number (SSN) or individual taxpayer identifi cation nonresident partners, reporting and remitting the number (ITIN). If the partner is an estate, trust, corporation, Colorado income tax due on the Colorado-source partnership, or other legal entity, enter the partner’s federal income of the nonresident partner(s) included in the employer identifi cation number (FEIN). composite return. If the nonresident partner has no Check the applicable box to indicate whether the partner is other Colorado-source income, the composite return a Colorado resident or nonresident. Check the applicable satisfi es their Colorado income tax fi ling obligation box to indicate the partner is a resident if they were a for the tax year. Colorado resident for the entire tax year or for any part • DR 0107 – A nonresident partner may complete and of the tax year. sign form DR 0107 thereby agreeing to fi le a Colorado • An individual is a Colorado resident if they are income tax return, make timely payment of the tax due, domiciled in Colorado or if they maintain a permanent and be subject to personal jurisdiction in Colorado for place of abode in Colorado and spend in the aggregate the purpose of income tax collection. The partnership more than six months of the taxable year in Colorado. must submit a copy of the signed form DR 0107 with its See Department publication Income Tax Topic: return (form DR 0106). |
Enlarge image | Page 22 • DR 0108 – If a nonresident partner is not included in a Column A that is derived from sources within Colorado as composite return fi led by the partnership and has not determined pursuant to 1 CCR 201-2, Rule 39-22-109(3) completed and signed form DR 0107, the partnership (b)(xii). Enter on lines 1 through 3, lines 5 through 8, must, with form DR 0108, remit payment of the and line 11 in Column B the portions of the partner’s Colorado income tax due on the nonresident partner’s distributive shares of income and deduction from Column Colorado source income. The nonresident partner may A that are derived from sources within Colorado as claim credit on their Colorado income tax return for the determined pursuant to section 39-22-203(1)(a), C.R.S. payment remitted on their behalf by the partnership. Amounts derived from sources within Colorado are either determined in accordance with the provisions of Information About the Partnership section 39-22-109, C.R.S., and Rule 39-22-109 or, at the Enter the partnership’s name, address, and either partnership’s election, apportioned or allocated to Colorado Colorado account number or federal employer pursuant to section 39-22-303.6, C.R.S., and the related identifi cation number (FEIN). rules. See also General Information Letter 22-003. Line 9. State income tax addback Partner’s or Shareholder’s Share of Partner’s or Shareholder’s Share of Income and Other Income and Other items Items (Column A) On each Colorado K-1, the partnership must report in For all partners that are not C corporations, enter on line Column A (Partner’s or Shareholder’s Share of Income 9 in Column A the partner’s distributive share of any state and Other Items) the partner’s distributive share of each income tax deducted by the partnership on line 14 of IRS item listed. In Column B (Partner’s or Shareholder’s Share Form 1065 for the tax year, regardless of the state to which of Income and Other Items Attributable to Colorado), the the income tax was paid or accrued. partnership must report the portion of each listed item For all partners that are C corporations, enter on line 9 in attributed to Colorado. In each column, enter income and Column A the partner’s distributive share of any Colorado gains as positive numbers; enter losses and deductions as income tax deducted by the partnership on line 14 of IRS negative numbers. For paper returns, put negative amounts Form 1065 for the tax year. in parentheses, for example, ($1,234). The following instructions provided guidance for determining the amounts The partner’s distributive share of the deduction is to enter in each column. determined with the same ratio used to determine the partner's distributive share of partnership taxable income Federal Income and Deductions or loss generally for federal income tax purposes. Enter on lines 1 through 8 and line 11 in Column A the Partner’s or Shareholder’s Share of Income and Other income and deduction information about the partner’s Items Attributable to Colorado (Column B) share of income and deductions from the partner’s Enter on line 9 in Column B the partner’s distributive federal Schedule K-1. Enter income and gains as positive share of any Colorado income tax deducted by the numbers. Enter any losses on lines 1, 2, 3, or 8, and any partnership on line 14 of IRS Form 1065 for the tax year. federal deductions on line 11, as negative amounts. The partner’s distributive share of the deduction claimed Colorado K-1 Partner’s Schedule by the partnership must be determined in accordance (Form DR 0106K) K-1 (IRS Form 1065) with the partner's distributive share, for federal income tax 1. Ordinary purposes, of partnership taxable income or loss generally. Box 1 business income (loss) Line 10. Other Colorado additions 2. Net rental real Partner’s or Shareholder’s Share of Income and Other Box 2 estate income (loss) Items (Column A) 3. Other net rental income (loss) Box 3 Enter on line 10 in Column A the partner’s distributive share of any required Colorado additions. 4. Total guaranteed payments Box 4c Include on line 10 the partner’s distributive share of any Sum of Boxes 5. Interest and dividends addition required for non-Colorado state or local bond interest. 5 and 6a A partner’s distributive share of state and local bond interest 6. Royalties Box 7 is generally included in the amount reported in box 18 of the Sum of Boxes partner’s Schedule K-1 (IRS Form 1065). The required addition 7. Net capital gain 8, 9a, and 10 does not include any amortization of the bond premium and 8. Other income (loss) Box 11 is reduced by the amount of the deductions required by the Internal Revenue Code to be allocated to the interest income. Sum of 11. Federal deductions Include on line 10 the partner’s distributive share of following Boxes 12 and 13 additions. The partner’s distributive share of any addition Enter on line 4 in Column B (Partner’s or Shareholder’s is determined with the same ratio used to determine the Share of Income and Other Items Attributable to Colorado) partner's distributive share of partnership taxable income or the portion of the partner’s guaranteed payments from loss generally for federal income tax purposes. |
Enlarge image | Page 23 • Business expenses deducted in the calculation of and its possessions. A partner’s distributive share of federal taxable income for wages or remuneration paid U.S. government interest is generally included in the to an unauthorized alien for the physical performance amount reported in box 5 of the partner’s Schedule K-1 of services in Colorado; (IRS Form 1065). • Expenses deducted in the calculation of federal taxable Include on line 12 the partner’s distributive share of following income that were incurred with respect to expenditures subtractions, The partner’s distributive share of any subtraction made at, or payments made to, any club that is is determined with the same ratio used to determine the licensed pursuant to section 44-3-418, C.R.S., that partner's distributive share of partnership taxable income or has a policy to restrict membership on the basis of sex, loss generally for federal income tax purposes. sexual orientation, gender identity, gender expression, • If the partnership is licensed under the “Colorado marital status, race, creed, religion, color, ancestry, or Marijuana Code,” any expenditure that is eligible to national origin; and be claimed as a federal income tax deduction but is • An amount equal to a federal deduction claimed for disallowed by section 280E of the Internal Revenue the income tax year for a food and beverage expense Code because marijuana is a controlled substance that exceeds 50% of the amount of the expense and under federal law; that was allowed under section 274(n)(2)(D) of the • If the partnership is an “export taxpayer” as defi ned in Internal Revenue Code. section 39-22-206, C.R.S., any partnership income or Partner’s or Shareholder’s Share of Income and Other gain that constitutes foreign source income for federal Items Attributable to Colorado (Column B) income tax purposes; Enter on line 10 in Column B the portions of the partner’s • For all partners that are not C corporations, the distributive shares of the additions from Column A that are amount of any refund or credit for overpayment of attributable to Colorado. income taxes imposed by Colorado or any other taxing Include on line 10 in Column B the full amount of any of the jurisdiction to the extent included in the partnership’s following additions entered in Column A: gross income for federal income tax purposes but not • Business expenses deducted in the calculation of previously allowed as a deduction for Colorado income federal taxable income for wages or remuneration paid tax purposes; and to an unauthorized alien for the physical performance • For all partners that are C corporations, the amount of services in Colorado; and of any refund or credit for overpayment of income • Expenses deducted in the calculation of federal taxable taxes imposed by Colorado to the extent included in income that were incurred with respect to expenditures the partnership’s gross income for federal income tax made at, or payments made to, any club that is licensed purposes but not previously allowed as a deduction for pursuant to section 44-3-418, C.R.S., that has a policy to Colorado income tax purposes. restrict membership on the basis of sex, sexual orientation, Partner’s or Shareholder’s Share of Income and Other gender identity, gender expression, marital status, race, Items Attributable to Colorado (Column B) creed, religion, color, ancestry, or national origin. Enter on line 12 in Column B the portions of the partner’s Include on line 10 in Column B the amount of the distributive shares of the subtractions from Column A that following addition entered in Column A to the extent that are attributable to Colorado. the underlying or related expenses were from business activity in Colorado: Include on line 12 in Column B the full amount of any of the following subtraction entered in Column A: • An amount equal to a federal deduction claimed for the income tax year for a food and beverage expense • If the partnership is licensed under the “Colorado that exceeds 50% of the amount of the expense and Marijuana Code,” any expenditure that is eligible to that was allowed under section 274(n)(2)(D) of the be claimed as a federal income tax deduction but is Internal Revenue Code. disallowed by section 280E of the Internal Revenue Code because marijuana is a controlled substance See sections 39-22-104, 39-22-202, and 39-22-203, under federal law; C.R.S., and 1 CCR 201-2, Rules 39-22-109 and 39-22-110 for additional information regarding Colorado additions. Include on line 12 in Column B the amount of the following subtraction entered in Column A to the extent Line 12. Colorado subtractions the underlying or related income is included on lines 1 Partner’s or Shareholder’s Share of Income and Other through 8 in Column A: Items (Column A) • The amount of any refund or credit for overpayment of Enter on line 12 in Column A the partner’s distributive income taxes imposed by Colorado or any other taxing share of any allowable Colorado subtractions. Enter jurisdiction to the extent included in the partnership’s subtractions on line 12 as a negative amount. gross income for federal income tax purposes but Include on line 12 the partner’s distributive share of not previously allowed as a deduction for Colorado any interest income on obligations of the United States income tax purposes. |
Enlarge image | Page 24 See sections 39-22-104, 39-22-202, and 39-22-203, Partner’s or Shareholder’s C.R.S., and 1 CCR 201-2, Rules 39-22-109 and 39-22-110 for additional information regarding Colorado subtractions. Share of Credits Enter on lines 16 through 33 the partner’s distributive share Lines 13 and 14. Partner’s Share of Total Receipts and of any credits allowed to the partnership for the tax year. Non-Apportionable Income Do not include any credits allowed in prior tax years. Lines 13 and 14 of the Colorado K-1 must be completed for any partner that is a C corporation or that is treated as a C Line 16. Advanced Industry Investment credit corporation for Colorado income tax purposes, but is not Information regarding the advanced industries investment required for any other partner, unless the partner needs the tax credit is available online at OEDIT.Colorado.gov/ad- information reportable on these lines for the preparation of vanced-industries-investment-tax-credit. their Colorado income tax return. Line 17. Business Personal Property credit Enter on line 13 in Column A the partner’s distributive Please see section 39-22-537.5, C.R.S., for information share of the total receipts from line 8 in the “Everywhere” about the business personal property tax credit. column of the partnership’s form DR 0106, part V. Enter Line 18. Child care center family care home on line 13 in Column B the partner’s distributive share investment credit of the total receipts from line 8 in the “Colorado” column For information about the credit, please see FYI Income 7, of the partnership’s form DR 0106, part V. The partner’s available online at Tax.Colorado.gov/individual-income-tax- distributive shares of receipts entered in both columns guidance-publications. are determined with the same ratio used to determine the partner's distributive share of partnership taxable income Line 19. Child care contribution credit or loss generally for federal income tax purposes. For information about the child care contribution credit, Enter on line 14 in Column A the partner’s distributive share please see FYI Income 35, available online at tax. of the total income directly allocable to any state from line Colorado.gov/individual-income-tax-guidance-publications. 10 of the partnership’s form DR 0106, part V. Enter on line Line 20. Colorado job growth incentive credit 14 in Column B the partner’s distributive share of the total Information regarding the advanced industries income directly allocable to Colorado from line 13 of the investment tax credit is available online at partnership’s form DR 0106, part V. The partner’s distributive OEDIT.Colorado.gov/job-growth-incentive-tax-credit. shares of directly allocable income entered in both columns are determined with the same ratio used to determine the Line 21. Preservation of Historic Structures credit partner's distributive share of partnership taxable income or For information about the credit, please visit loss generally for federal income tax purposes. OEDIT.Colorado.gov/commercial-historic-preservation-tax- credit and historycolorado.org/preservation-tax-credits. Line 15. Partner’s or shareholder’s share of tax paid with SALT Parity election Line 22. SALT Parity credit from lower-tier partnership If the partnership has made an election for the tax year If the partnership is a partner (an “upper-tier partnership) pursuant to section 39-22-343, C.R.S., to be subject to tax in another partnership (a “lower-tier partnership”) that at the entity level, enter on line 15 the partner’s share of made an election for the tax year pursuant to section the tax calculated and paid by the partnership pursuant to 39-22-343, C.R.S., to be subject to tax at the entity level, section 39-22-344(1), C.R.S. The partner’s share of the tax enter on line 22 the partner’s distributive share of the calculated and paid depends on whether the partner is a upper-tier partnership’s share of the tax calculated and resident or nonresident of Colorado for the tax year. paid by the lower-tier partnership pursuant to section • In the case of a resident partner, including a partner 39-22-344(1), C.R.S. who is a part-year resident for the tax year, sum the Lines 23 through 32. Enterprise Zone Tax Credits amounts on lines 1 through 3 and lines 5 through 12 For information about enterprise zone tax credits, please in Column A, multiply the sum by 4.4% (0.044), and see the Enterprise Zone Tax Guide and Income Tax Topics: enter the result on line 15. If the sum of the amounts on Enterprise Zone Contribution Credits, both of which are lines 1 through 3 and lines 5 through 12 is a negative available online at Tax.Colorado.gov/individual-income-tax- amount, enter 0 (zero) on line 15. guidance-publications. • In the case of a nonresident partner, sum the amounts Line 33. Other Credits on lines 1 through 3 and lines 5 through 12 in Column Please visit Tax.Colorado.gov/individual-income-tax-guid- B, multiply the sum by 4.4% (0.044), and enter the ance-publications for information about any other Colorado result on line 15. If the sum of the amounts on lines 1 income tax credits. through 3 and lines 5 through 12 is a negative amount, enter 0 (zero) on line 15. Do not enter on line 15 any amount that the partnership has not remitted to the Department. The total amounts entered on all Colorado K-1s must equal the total amounts tax calculated and paid by the partnership making the SALT parity election. |
Enlarge image | Page 25 S corporation Instructions for Colorado K-1 (DR 0106K) S corporations must complete a Colorado K-1 (DR 0106K) assistance in determining Colorado residency for each of its shareholders for each tax year. Completed for individuals. Colorado K-1s must be fi led with the Department, as • An estate is a Colorado resident if it is the estate of a described below. On or before the date the Colorado K-1s deceased person that is administered in Colorado in a are fi led with the Department, the S corporation must furnish proceeding other than an ancillary proceeding. each shareholder with a copy of the Colorado K-1 reporting • A trust is a Colorado resident if it is their income, deductions, modifi cations, and credits. administered in Colorado. Due Dates Part-Year Resident Shareholders Colorado K-1s due to be fi led the fi fteenth day of the fourth If a shareholder was a resident for only part of the tax year, month after the close of the tax year, or after the automatic check the box to indicate that they were a resident and six-month extension, if applicable. Colorado K-1s for complete the Colorado K-1 for the shareholder following calendar year 2022 are due on April 15, 2023. If the due the instructions provided below for resident shareholders. date falls on a weekend or federal holiday, the Colorado K-1s will be due the next business day. SALT Parity Act Election If the S corporation has made an election for the tax year Filing Colorado K-1s with the Department pursuant to section 39-22-343, C.R.S., to be subject to tax S corporations must submit a copy of each shareholder’s at the entity level, check the applicable box to indicate the Colorado K-1 to the Department. These copies SALT Parity Act election. A SALT Parity Act election made may be submitted in spreadsheet or XML form at by a S corporation is binding on all of its shareholders, Colorado.gov/RevenueOnline. S corporations may also regardless of whether the shareholder is an individual, enter the data manually at Colorado.gov/RevenueOnline. estate, or trust, and regardless of whether the shareholder Finally, paper copies may be submitted with the Annual is a resident or nonresident. Transmittal of DR 0106K – Colorado K-1 Forms cover sheet (form DR 1706) by mail to: Nonresident Shareholders If the S corporation did not make a SALT Parity Act election, Colorado Department of Revenue and the shareholder is a nonresident of Colorado, check the Denver, CO 80261-0006 applicable box to indicate whether the S corporation is, with Do not submit the copies of the Colorado K-1s issued respect to the nonresident shareholder, fi ling a composite to shareholders (or the DR 1706 transmittal form) as an return, fi ling a DR 0107, or remitting payment with a DR 0108. attachment to the S corporation’s income tax return. • Composite Return – An S corporation may fi le a composite return on behalf of one or more of its Completing the Colorado K-1 nonresident shareholders, reporting and remitting the Colorado income tax due on the Colorado-source Fiscal Year Filers income of the nonresident shareholder(s) included in If the S corporation’s tax year is a fi scal year, enter the the composite return. If the nonresident shareholder dates the S corporation’s fi scal year begins and ends. has no other Colorado-source income, the composite return satisfi es their Colorado income tax fi ling Information About the Shareholder obligation for the tax year. Enter the shareholder’s name and address. • DR 0107 – A nonresident shareholder may complete Enter the shareholder’s applicable tax identifi cation number. and sign form DR 0107 thereby agreeing to fi le a If the shareholder is an individual, enter the individual’s social Colorado income tax return, make timely payment of security number (SSN) or individual taxpayer identifi cation the tax due, and be subject to personal jurisdiction in number (ITIN). If the shareholder is an estate or trust, enter the Colorado for the purpose of income tax collection. The shareholder’s federal employer identifi cation number (FEIN). S corporation must submit a copy of the signed form Check the applicable box to indicate whether the shareholder is DR 0107 with its return (form DR 0106). a Colorado resident or nonresident. Check the applicable box • DR 0108 – If a nonresident shareholder is not included to indicate the shareholder is a resident if they were a Colorado in a composite return fi led by the S corporation and resident for the entire tax year or for any part of the tax year. has not completed and signed form DR 0107, the S • An individual is a Colorado resident if they are corporation must, with form DR 0108, remit payment domiciled in Colorado or if they maintain a permanent of the Colorado income tax due on the nonresident place of abode in Colorado and spend in the aggregate shareholder’s Colorado source income. The more than six months of the taxable year in Colorado. nonresident shareholder may claim credit on their See Department publication Income Tax Topic: Colorado income tax return for the payment remitted Part-Year Residents & Nonresidents for additional on their behalf by the S corporation. |
Enlarge image | Page 26 Information About the S corporation For all nonresident shareholders, enter on line 9 in Column Enter the S corporation’s name, address, and either A the shareholder’s pro rata share of any Colorado income Colorado account number or federal employer tax deducted by the S corporation on line 12 of IRS Form identifi cation number (FEIN). 1120-S for the tax year. The shareholder’s pro rata share of the deduction Partner’s or Shareholder’s Share of claimed by the S corporation is determined in the manner provided in, and subject to any election made under, Income and Other items section 1377 (a) or 1362 (e), as the case may be, of the On each Colorado K-1, the S corporation must report in Column Internal Revenue Code. A (Partner’s or Shareholder’s Share of Income and Other Items) the shareholder’s pro rata share of each item listed. In Column Partner’s or Shareholder’s Share of Income and Other B (Partner’s or Shareholder’s Share of Income and Other Items Attributable to Colorado (Column B) Items Attributable to Colorado), the S corporation must report Enter on line 9 in Column B the shareholder’s pro rata the portion of each listed item attributed to Colorado. In each share of any Colorado income tax deducted by the S column, enter income and gains as positive numbers; enter corporation on line 12 of IRS Form 1120-S for the tax losses and deductions as negative numbers. For paper returns, year. The shareholder’s pro rata share of the deduction put negative amounts in parentheses, for example, ($1,234). claimed by the S corporation is determined in the manner The following instructions provided guidance for determining the provided in, and subject to any election made under, amounts to enter in each column. section 1377 (a) or 1362 (e), as the case may be, of the Internal Revenue Code. Federal Income and Deductions Enter on lines 1 through 8 and line 11 in Column A the Line 10. Other Colorado additions income and deduction information about the shareholder’s Partner’s or Shareholder’s Share of Income and Other share of income and deductions from the shareholder’s Items (Column A) federal Schedule K-1. Enter income and gains as positive Enter on line 10 in Column A the shareholder’s pro rata numbers. Enter any losses on lines 1, 2, 3, or 8, and any share of any required Colorado additions. federal deductions on line 11, as negative amounts. Include on line 10 the shareholder’s pro rata share of any Shareholder’s addition required for non-Colorado state or local bond Colorado K-1 Schedule K-1 interest. A shareholder’s pro rata share of state and local (Form DR 0106K) (IRS Form 1120-S) bond interest is generally included in the amount reported in box 16 of the shareholder’s Schedule K-1 (IRS Form 1. Ordinary Box 1 1120-S). The required addition does not include any business income (loss) amortization of the bond premium and is reduced by the 2. Net rental real amount of the deductions required by the Internal Revenue Box 2 estate income (loss) Code to be allocated to the interest income. 3. Other net rental income (loss) Box 3 Include on line 10 the shareholder’s pro rata share of the 4. Total guaranteed payments N/A following additions. The shareholder’s pro rata share of 5. Interest and dividends Boxes 4 and 5a any addition is determined with the same ratio used to determine the shareholder’s pro rata shares of items of 6. Royalties Box 6 income, loss, deduction, or credit for federal income tax Boxes 7. Net capital gain purposes. See section 39-22-321(4), C.R.S., and sections 7, 8a, and 9 1377(a) and 1362(e) of the Internal Revenue Code. 8. Other income (loss) Box 10 • Any income, war profi ts, or excess profi ts taxes paid 11. Federal deductions Boxes 11 and 12 or accrued to any foreign country or to any possession of the United States deducted by the S corporation on Enter on lines 1 through 8 and line 11 in Column B the line 12 of IRS Form 1120-S for the tax year; portions of the shareholder’s pro rata shares of income and deduction from Column A that are apportioned or allocated • Business expenses deducted in the calculation of to Colorado pursuant to section 39-22-303.6, C.R.S., and, federal taxable income for wages or remuneration paid if applicable section 39-22-303.7, C.R.S. to an unauthorized alien for the physical performance of services in Colorado; Line 9. State income tax addback • Expenses deducted in the calculation of federal taxable Partner’s or Shareholder’s Share of Income and Other income that were incurred with respect to expenditures Items (Column A) made at, or payments made to, any club that is For all resident shareholders, enter on line 9 in Column licensed pursuant to section 44-3-418, C.R.S., that A the shareholder’s pro rata share of any state income has a policy to restrict membership on the basis of sex, tax deducted by the S corporation on line 12 of IRS Form sexual orientation, gender identity, gender expression, 1120-S for the tax year, regardless of the state to which the marital status, race, creed, religion, color, ancestry, or income tax was paid or accrued. national origin; and |
Enlarge image | Page 27 • An amount equal to a federal deduction claimed for be claimed as a federal income tax deduction but is the income tax year for a food and beverage expense disallowed by section 280E of the Internal Revenue that exceeds 50% of the amount of the expense and Code because marijuana is a controlled substance that was allowed under section 274(n)(2)(D) of the under federal law; Internal Revenue Code. • For all resident shareholders, the amount of any refund Partner’s or Shareholder’s Share of Income and Other or credit for overpayment of income taxes imposed by Items Attributable to Colorado (Column B) Colorado or any other taxing jurisdiction to the extent Enter on line 10 in Column B the portions of the included in the S corporation’s gross income for federal shareholder’s pro rata shares of the additions from Column income tax purposes but not previously allowed as a A that are attributable to Colorado. deduction for Colorado income tax purposes; Include on line 10 in Column B the full amount of any of the • For all nonresident shareholders, the amount of any following additions entered on line 10 in the in Column A: refund or credit for overpayment of income taxes imposed by Colorado to the extent included in the • Business expenses deducted in the calculation of S corporation’s gross income for federal income tax federal taxable income for wages or remuneration paid purposes but not previously allowed as a deduction for to an unauthorized alien for the physical performance Colorado income tax purposes; and of services in Colorado; and • Any portion of wages or salaries paid or incurred by • Expenses deducted in the calculation of federal taxable the S corporation for the tax year, but which are not income that were incurred with respect to expenditures made at, or payments made to, any club that is licensed deductible for federal income tax purposes due to pursuant to section 44-3-418, C.R.S., that has a policy to section 280C of the Internal Revenue Code. restrict membership on the basis of sex, sexual orientation, Partner’s or Shareholder’s Share of Income and Other gender identity, gender expression, marital status, race, Items Attributable to Colorado (Column B) creed, religion, color, ancestry, or national origin. Enter on line 12 in Column B the portions of the Include on line 10 in Column B the amount of the following shareholder’s pro rata shares of the subtractions from addition entered in Column A to the extent that the underlying Column A that are attributable to Colorado. or related expenses were from business activity in Colorado: Include on line 12 in Column B the full amount of any of the • An amount equal to a federal deduction claimed for following subtraction entered on line 12 in the in Column A: the income tax year for a food and beverage expense • If the S corporation is licensed under the “Colorado that exceeds 50% of the amount of the expense and Marijuana Code,” any expenditure that is eligible to that was allowed under section 274(n)(2)(D) of the be claimed as a federal income tax deduction but is Internal Revenue Code. disallowed by section 280E of the Internal Revenue See sections 39-22-104, 39-22-304, 39-22-322, and Code because marijuana is a controlled substance 39-22-323, C.R.S., and 1 CCR 201-2, Rules 39-22-109 under federal law. and 39-22-110 for additional information regarding Include on line 12 in Column B the amount of the following Colorado additions. subtraction entered on line 12 in Column A to the extent Line 12. Colorado subtractions the underlying or related income is included on lines 1 Partner’s or Shareholder’s Share of Income and Other through 8 in Column A: Items (Column A) • The amount of any refund or credit for overpayment of Enter on line 12 in Column A the shareholder’s pro rata income taxes imposed by Colorado or any other taxing share of any allowable Colorado subtractions. Enter jurisdiction to the extent included in the S corporation’s subtractions on line 12 as a negative amount. gross income for federal income tax purposes but Include on line 12 the shareholder’s pro rata share of any not previously allowed as a deduction for Colorado interest income on obligations of the United States and its income tax purposes. possessions. A shareholder’s pro rata share of U.S. government Include on line 12 in Column B the amount of the following interest is generally included in the amount reported in box 4 of subtraction entered on line 12 in Column A to the extent the the shareholder’s Schedule K-1 (IRS Form 1120-S). underlying or related expenses or losses are from business Include on line 12 the shareholder’s pro rata share of activity in Colorado: following subtractions. The shareholder’s pro rata share • Any portion of wages or salaries paid or incurred by of any subtraction is determined with the same ratio used the S corporation for the tax year, but which are not to determine the shareholder’s pro rata shares of items of deductible for federal income tax purposes due to income, loss, deduction, or credit for federal income tax section 280C of the Internal Revenue Code. purposes. See section 39-22-321(4), C.R.S., and sections See sections 39-22-104, 39-22-304, 39-22-322, and 1377(a) and 1362(e) of the Internal Revenue Code. 39-22-323, C.R.S., and 1 CCR 201-2, Rules 39-22-109 • If the S corporation is licensed under the “Colorado and 39-22-110 for additional information regarding Marijuana Code,” any expenditure that is eligible to Colorado subtractions. |
Enlarge image | Page 28 Lines 13 and 14. Partner’s Share of Total Receipts and Partner’s or Shareholder’s Non-Apportionable Income The completion of lines 13 and 14 is not required on a Share of Credits Colorado K-1 prepared for any S corporation shareholder, Enter on lines 16 through 33 the shareholder’s pro rata unless the shareholder needs the information reportable share of any credits allowed to the S corporation for the tax on these lines for the preparation of their Colorado year. Do not include any credits allowed in prior tax years. income tax return. Line 16. Advanced Industry Investment credit Enter on line 13 in Column A the shareholder’s pro rata share Information regarding the advanced industries investment of the total receipts from line 8 in the “Everywhere” column of tax credit is available online at OEDIT.Colorado.gov/ad- the S corporation’s form DR 0106, part V. Enter on line 13 in vanced-industries-investment-tax-credit. Column B the shareholder’s pro rata share of the total receipts Line 17. Business Personal Property credit from line 8 in the “Colorado” column of the S corporation’s Please see section 39-22-537.5, C.R.S., for information form DR 0106, part V. The shareholder’s pro rata shares of about the business personal property tax credit. receipts entered in both columns are determined with the same ratio used to determine the shareholder’s pro rata Line 18. Child care center family care home shares of items of income, loss, deduction, or credit for federal investment credit income tax purposes. See section 39-22-321(4), C.R.S., and For information about the credit, please see FYI Income 7, sections 1377(a) and 1362(e) of the Internal Revenue Code. available online at Tax.Colorado.gov/individual-income-tax- Enter on line 14 in Column A the shareholder’s pro rata guidance-publications. share of the total income directly allocable to any state Line 19. Child care contribution credit from line 10 of the S corporation’s form DR 0106, part V. For information about the child care contribution credit, Enter on line 14 in Column B the shareholder’s pro rata please see FYI Income 35, available online at tax. share of the total income directly allocable to Colorado from Colorado.gov/individual-income-tax-guidance-publications. line 13 of the S corporation’s form DR 0106, part V. The shareholder’s pro rata shares of directly allocable income Line 20. Colorado job growth incentive credit entered in both columns are determined with the same ratio Information regarding the advanced industries investment used to determine the shareholder’s pro rata shares of items tax credit is available online at OEDIT.Colorado.gov/job- of income, loss, deduction, or credit for federal income tax growth-incentive-tax-credit. purposes. See section 39-22-321(4), C.R.S., and sections Line 21. Preservation of Historic Structures credit 1377(a) and 1362(e) of the Internal Revenue Code. For information about the credit, please visit OEDIT. Line 15. Partner’s or shareholder’s share of tax paid Colorado.gov/commercial-historic-preservation-tax-credit with SALT Parity election and historycolorado.org/preservation-tax-credits. If the S corporation has made an election for the tax year Line 22. SALT Parity credit from lower-tier partnership pursuant to section 39-22-343, C.R.S., to be subject to If the S corporation is a partner in a partnership (a tax at the entity level, enter on line 15 the shareholder’s “lower-tier partnership”) that made an election for the tax share of the tax calculated and paid by the S corporation year pursuant to section 39-22-343, C.R.S., to be subject pursuant to section 39-22-344(1), C.R.S. The shareholder’s to tax at the entity level, enter on line 22 the shareholder’s share of the tax calculated and paid depends on whether pro rata share of the S corporation’s share of the tax the shareholder is a resident or nonresident of Colorado calculated and paid by the lower-tier partnership pursuant for the tax year. to section 39-22-344(1), C.R.S. • In the case of a resident shareholder, including a shareholder who is a part-year resident for the tax year, Lines 23 through 32. Enterprise Zone Tax Credits sum the amounts on lines 1 through 12 in Column A, For information about enterprise zone tax credits, please multiply the sum by 4.4% (0.044), and enter the result see the Enterprise Zone Tax Guide and Income Tax Topics: on line 15. If the sum of the amounts on lines 1 through Enterprise Zone Contribution Credits, both of which are 12 is a negative amount, enter 0 (zero) on line 15. available online at Tax.Colorado.gov/individual-income-tax- guidance-publications. • In the case of a nonresident shareholder, sum the amounts on lines 1 through 12 in Column B, multiply Line 33. Other Credits the sum by 4.4% (0.044), and enter the result on line Please visit Tax.Colorado.gov/individual-income-tax-guid- 15. If the sum of the amounts on lines 1 through 12 is a ance-publications for information about any other Colorado negative amount, enter 0 (zero) on line 15. income tax credits. Do not enter on line 15 any amount that the S corporation has not remitted to the Department. The total amounts entered on all Colorado K-1s must equal the total amounts tax calculated and paid by the S corporation making the SALT parity election. |
Enlarge image | DR 0106K (12/08/22) COLORADO DEPARTMENT OF REVENUE Tax.Colorado.gov *220106K=19999* Page 1 of 2 2022 Colorado K-1 Fiscal Year Beginning (MM/DD/22) Fiscal Year Ending (MM/DD/YY) Name of Partner or Shareholder Partner’s or Shareholder’s SSN, ITIN, FEIN, or Colorado Account Number Address City State ZIP Resident Non-Resident Composite DR 0107 Included DR 0108 Filed SALT Parity Election Name of Partnership or S Corporation Partnership’s or S Corporation’s Colorado Account Number or FEIN Address City State ZIP B. Share of Income A. Share of Income Partner’s or Shareholder’s: and Other Items and Other items Attributable to Colorado 1. Ordinary business income (loss) 1 00 00 2. Net rental real estate income (loss) 2 00 00 3. Other net rental income (loss) 3 00 00 4. Total guaranteed payments 4 00 00 5. Interest and dividends 5 00 00 6. Royalties 6 00 00 7. Net capital gain 7 00 00 8. Other income (loss) 8 00 00 9. State income tax addback 9 00 00 10. Other Colorado additions 10 00 00 11. Federal deductions 11 00 00 12. Colorado subtractions 12 00 00 13. Partner’s share of total receipts from line 8 of the DR 0106, part V. 13 00 00 14. Partner’s share of non-apportionable income from the DR 0106, part V. 14 00 00 15. Partner’s or shareholder’s share of tax paid with SALT Parity election 15 00 |
Enlarge image | DR 0106K (12/08/22) COLORADO DEPARTMENT OF REVENUE Tax.Colorado.gov *220106K=29999* Page 2 of 2 Name of Partner or Shareholder Partner’s or Shareholder’s SSN, ITIN, FEIN, or Colorado Account Number Partner’s or Shareholder’s Share of Credits Amount 16. Advanced Industry Investment credit 16 00 17. Business Personal Property credit 17 00 18. Child care center family care home investment credit 18 00 19. Child care contribution credit 19 00 20. Colorado job growth incentive credit 20 00 21. Preservation of Historic Structures credit 21 00 22. SALT Parity credit from lower-tier partnership (see instructions) 22 00 23. Enterprise zone agricultural processing new employee credit 23 00 24. Enterprise zone commercial vehicle investment tax credit 24 00 25. Enterprise zone contribution credit 25 00 26. Enterprise zone employee health insurance credit 26 00 27. Enterprise zone enhanced rural agricultural processing new employee credit 27 00 28. Enterprise zone enhanced rural new employee credit 28 00 29. Enterprise zone investment tax credit 29 00 30. Enterprise zone job training investment tax credit 30 00 31. Enterprise zone research and experimental activities credit 31 00 32. Enterprise zone vacant commercial building rehabilitation credit 32 00 33. Other Credits, explain below: 33 00 Explain |