Colorado § 39-22-202 - Resident partners - definition.

§ 39-22-202. Resident partners - definition.

(1) In determining the federal taxable income of a resident partner for Colorado income tax purposes, any modification described in section 39-22-104 which relates to an item of partnership income, gain, loss, or deduction shall be made in accordance with the partner's distributive share, for federal income tax purposes, of the item to which the modification relates. Where a partner's distributive share of any such item is not required to be taken into account separately for federal income tax purposes, the partner's distributive share of such item shall be determined in accordance with his distributive share, for federal income tax purposes, of partnership taxable income or loss generally.

(2) Each item of partnership income, gain, loss, deduction, or credit shall have the same character for a partner under this article as for federal income tax purposes.

(3) Where a partner's distributive share of an item of partnership income, gain, loss, deduction, or credit is determined for federal income tax purposes by special provision of the partnership agreement with respect to such item and where the principal purpose of such provision is the avoidance or evasion of tax under this article, the partner's distributive share of such item and any modification required with respect thereto shall be determined as if the partnership agreement made no special provision with respect to such item.

(4) For purposes of section 39-22-108, each resident partner is considered to have paid a tax on each resident partner in an amount equal to each resident partner's pro rata share of any net income tax paid by the partnership to a state that does not measure the income of partners of a partnership by reference to the income of the partnership. As used in this subsection (4), "net income tax" means any tax imposed on, or measured by, a partnership's net income.

Source: L. 64: R&RE, p. 766, § 1. C.R.S. 1963: § 138-1-26. L. 87: (1) amended, p. 1437, § 4, effective June 22. L. 2022: (4) added, (SB 22-124), ch. 164, p. 1018, § 1, effective May 16.