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Colorado DOR Adopts Emergency Rules on Individual Income Tax Extension

Dated May 12, 2021

Citations: 1 CCR 201-2; Rule 39-22-608–2; Rule 39-22-609–1

SUMMARY BY TAX ANALYSTS

The Colorado Department of Revenue, Taxation Division, adopted emergency rules to reflect Democratic Gov. Jared Polis’s executive order that extended the individual income tax filing and payment deadline from April 15 to May 17, without penalties or interest.

INCOME TAX

[Publication instruction: Please maintain the 2 spaces between the rule number and title]

Rule 39-22-608–2. Extension of Time for Filing Individual Income Tax Returns for Tax Year 2020.

Basis and Purpose. The bases for this rule are Executive Order D 2021 075 and sections 39-21-112(1) and 39-22-608(2), C.R.S. The purpose of this rule is to provide an extension of time for filing individual income tax returns for tax year 2020.

In the case of an original individual income tax return for tax year 2020 required to be made pursuant to section 39-22-601(1)(a), C.R.S., and due on April 15, 2021 pursuant to section 39-22-608(2), C.R.S., a one-month extension of the time, from April 15, 2021 to May 17, 2021, is granted for filing such return. This one-month extension of time for filing the return runs concurrently with the automatic six-month extension for filing income tax returns granted under Rule 39-22-608(2) and does not further extend the six-month filing extension granted under Rule 39-22-608(2). Returns due on April 15, 2021 by operation of a prior extension granted pursuant to section 39-22-608(2) or (3), C.R.S., or Rule 39-22-608(2) are not eligible for this extension.

Rule 39-22-609–1. Due Date for Individual Income Tax Payments.

Basis and Purpose. The bases for this rule are Executive Order D 2021 075 and sections 39-21-112(1), 39-22-608, and 39-22-609, C.R.S. The purpose of this rule is to amend the due date for individual income tax payments.

(1) Individual Income Tax Payment Due Date. All payments of individual income tax imposed pursuant to sections 39-22-104 and 39-22-105, C.R.S., for tax year 2020 and reported on an original individual income tax return are granted a one-month extension from April 15, 2021 to May 17, 2021. Any payment of tax described in this paragraph made on or before May 17, 2021 shall be considered timely. Neither penalty nor interest shall accrue pursuant to section 39-21-109(1) or sections 39-22-621(1) or 39-22-621(2)(b), C.R.S., for the period between April 15, 2021 and May 17, 2021 with respect to any payment described in this paragraph.

(2) Applicability to Rule 39-22-621(2)(j). For purposes of Rule 39-22-621(2)(j), the “original due date” shall be May 17, 2021 for original individual income tax returns for tax year 2020.

(3) Payments Not Subject to This Rule. This rule shall not apply to:

(a) any payment of income tax withholding required pursuant to section 39-22-604 or 39-22-604.5, C.R.S.;

(b) any payment of estimated tax required pursuant to section 39-22-605 or 39-22-606, C.R.S.; or

(c) any payment required pursuant to section 39-22-601(2.5)(d), (e), or (h), C.R.S.;

(d) any payment required pursuant to section 39-22-601(4), C.R.S.;

(e) any payment required pursuant to section 39-22-601(5)(d), (e), or (h), C.R.S.

(f) any payment remitted for additional tax reported on an amended return;

(g) any payment made pursuant to:

(i) any notice of deficiency;

(ii) any notice of final determination;

(iii) any demand for payment;

(iv) any installment agreement;

(v) any closing agreement; or

(vi) any other agreement or requirement to pay.

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