§ 39-23.5-102 — Definitions

Colorado § 39-23.5-102

• Jurisdiction: Colorado
• Title 39: Taxation
• Art.: Colorado Estate Tax

Text

As used in this article, unless the context
otherwise requires:

(1) Alien means a decedent who, at the time of the decedent's death, was
not domiciled in Colorado or any other state of the United States and was not a
citizen of the United States.

(2) Colorado return means the Colorado estate tax return with respect to
the credit allowable under section 2011 of the internal revenue code and the
Colorado generation-skipping transfer tax return with respect to the credit
allowable under section 2604 of the internal revenue code.

(3) Decedent means a deceased natural person.

(4) Department means the department of revenue.

(4.5) Repealed.

(5) Domiciliary means a decedent who was domiciled in Colorado at the
time of such decedent's death.

(5.5) Federal additional estate tax return means any federal estate tax
return designated for reporting the recapture of estate tax under section 2032A of
the internal revenue code, the additional estate tax imposed for failure to materially
participate in a business, dispositions of interests, or other noncompliance under
section 2057 of the internal revenue code, and the additional estate tax imposed
for failure to implement the agreement under section 2031 of the internal revenue
code.

(6) Federal credit means the maximum amount of the credit for state death
taxes allowable under section 2011 of the internal revenue code or, in the case of an
alien, under section 2102 of the internal revenue code.

(7) Federal return means the federal estate tax return with respect to the
credit allowable under section 2011 of the internal revenue code and the federal
generation-skipping transfer tax return with respect to the credit allowable under
section 2604 of the internal revenue code.

(8) Generation-skipping transfer means every transfer for which a credit
for state taxes is allowable under section 2604 of the internal revenue code.

(9) Gross estate means gross estate as defined in section 2031 of the
internal revenue code or, in the case of an alien, in section 2103 of the internal
revenue code.

(9.5) Internal revenue code means the Internal Revenue Code of 1986, as
amended, and any regulations thereunder. The change of references in this article
from the Internal Revenue Code of 1954 to the Internal Revenue Code of 1986
shall not affect any act done or any right accrued or accruing before or after such
change, but all rights and liabilities shall continue and may be enforced in the same
manner as if such references had not been changed.

(10) Nondomiciliary means a decedent, other than an alien decedent, who
was not domiciled in Colorado at the time of such decedent's death.

(11) Other state means any of the fifty states in the United States (other
than Colorado), the District of Columbia, or any possession or territory of the United
States.

(12) Person includes any natural person, corporation, association, limited
liability company, partnership, joint venture, syndicate, estate, trust, or other entity
under which business or other activities may be conducted.

(13) Personal representative means the personal representative of a
decedent's estate, as defined by the Colorado Probate Code, articles 10 to 17 of
title 15, C.R.S., or, if there is no personal representative appointed, qualified, and
acting within this state, any person in actual or constructive possession of any
property of the decedent within the meaning of section 2203 of the internal
revenue code.

(13.3) Person required to file means any person, including a personal
representative, qualified heir, distributee, or trustee required or permitted to file a
federal return or a Colorado return pursuant to the provisions of the internal
revenue code or this article.

(13.6) Qualified heir means a qualified heir as defined in section 2032A
(e)(1) of the internal revenue code or as defined in section 2057 (i)(1) of the internal
revenue code if the family-owned business deduction provisions of the internal
revenue code are applicable.

(14) to (16) Repealed.

(17) Transfer means a transfer within the meaning of section 2001 of the
internal revenue code.

(17.5) Repealed.

(17.7) Unified credit means the credit against federal estate tax under
sections 2010 and 2102 (c)(1) of the internal revenue code.

(18) Except as provided in section 39-23.5-108 (5)(c)(I), value means gross
value as finally determined for purposes of the federal estate tax or generation-skipping transfer tax.

Legislative History

Source: L. 79: Entire article added, p. 1431, � 16, effective July 3. L. 83: (1), (2), (6) to (9), (13), (17), and (18) amended, (4.5), (9.5), (13.3), (13.6), and (17.5) added, and (14) to (16) repealed, pp. 1532, 1538, �� 1, 15, effective July 1. L. 88: (2), (7), (8), (9.5), and (17) amended and (4.5) and (17.5) repealed, pp. 1325, 1327, �� 1, 7, effective April 6. L. 90: (12) amended, p. 457, � 39, effective April 18. L. 92: (5.5) and (17.7) added and (18) amended, p. 2247, � 2, effective July 1. L. 98: (5.5) and (13.6) amended, p. 314, � 1, effective July 1. L. 99: (5.5) and (13.6) amended, p. 630, � 43, effective August 4.