Income Tax Residency Presumption For Military

Income tax- military service - reacquisition of residency. Under current law, an individual in active duty military service whose home of record is Colorado and whose state of residence is a state other than Colorado is allowed to reacquire residency in Colorado and not pay Colorado state income tax on his or her military income.

The act creates a presumption that the individual acquired residence in a state other than Colorado if the individual was stationed in another state and provides certain documentation to demonstrate that the other state was the individual's residence. If an individual is presumed to have acquired a state of residence other than Colorado, the presumption may only be overcome with a preponderance of specific evidence that clearly establishes that the individual did not intend to change his or her residence to a state other than Colorado.

(Note: This summary applies to this bill as enacted.)