Colorado Gold IRA: State Tax Rules and 2026 Considerations

OPRS may receive compensation when readers open an account through partner links on this page. Our analysis is based on independent research, BBB data, and IRS publications.

30-second verdict

  • Colorado taxes traditional IRA and self-directed gold IRA distributions as ordinary income at a flat 4.40 percent rate under Proposition 121 of 2022, codified at C.R.S. Section 39-22-104. The TABOR refund mechanism can temporarily reduce the rate further in years with a state surplus.
  • The pension and annuity subtraction under C.R.S. Section 39-22-104(4)(f) shaves up to $20,000 per person for ages 55 to 64 and up to $24,000 per person for ages 65 and older. The subtraction covers traditional IRA, Roth IRA earnings (when taxable), 401(k), 403(b), 457(b), defined benefit pension, and self-directed gold IRA distributions.
  • Colorado imposes no state-level early-distribution penalty parallel to federal IRC Section 72(t). Wisconsin charges 33 percent under Statute 71.83(1)(b)6. California charges 2.5 percent. Colorado charges zero on the same dollar.
  • Colorado has no state estate tax. Colorado decoupled from the federal pickup credit when the credit was phased out under EGTRRA 2001. The federal estate-tax regime under IRC Section 2001 applies unchanged.
  • Federal mechanics still bite: the IRC Section 72(t) 10 percent additional tax on pre-59-and-a-half distributions applies. SECURE 2.0 set the RMD age at 73 for participants born 1951 to 1959 and 75 for those born 1960 and after.
  • No Colorado-based IRS-approved depository exists. Metals for a Colorado-resident self-directed gold IRA are stored at Delaware Depository, IDS, Brink’s, or HSBC vaults. The custodian arranges insured shipping at distribution.

A Colorado resident who funds a self-directed gold IRA from a rolled balance and then takes a distribution faces a two-layer tax question: federal first, then Colorado state on the same dollar. The Colorado Department of Revenue administers the state income tax. The federal Form 1099-R flows to the IRS and to Colorado through the DR 0104 resident return and the DR 0104AD subtraction schedule.

Element I is the Colorado AGI baseline. Federal taxable income is the starting point for Colorado taxable income on Form DR 0104. See the dealers OPRS clears and the ones we warn against before any distribution call. The custodian’s depository, shipping, and Form 1099-R coding control whether the DR 0104 filing is clean or messy.

Element II is the pension and annuity subtraction under C.R.S. Section 39-22-104(4)(f). The subtraction reduces taxable retirement income per person, claimed on Form DR 0104AD. Element III is the federal mechanic stack: IRC Section 72(t), the SECURE 2.0 RMD age, and IRC Section 3405 withholding default. These federal layers apply at the federal level no matter the Colorado residency.

Element IV is sourcing risk. A Colorado resident who moved from a high-tax former state may carry latent state-tax exposure if domicile was not cleanly broken. The federal Pension Source Tax Act of 1996 (4 U.S.C. Section 114) blocks former-state claims on retirement income once Colorado residency is established. Missing any one of these four elements complicates an otherwise routine IRA distribution.

How Colorado taxes traditional IRA distributions: the flat-rate framework

Colorado Revised Statutes Title 39, Article 22 is the Colorado Income Tax Act. The flat individual income tax rate is set by C.R.S. Section 39-22-104. The rate was reduced from 4.63 percent to 4.55 percent by Proposition 116 of 2020 and again from 4.55 percent to 4.40 percent by Proposition 121 of 2022. Colorado uses a single flat rate across all taxable income, distinct from the bracketed structures of California, New York, or Arkansas.

The Colorado Department of Revenue administers the tax through Form DR 0104 (resident return) and Form DR 0104PN (part-year resident or nonresident). A traditional IRA distribution from a self-directed gold IRA is reported on federal Form 1099-R. The federally taxable amount flows into federal taxable income. Colorado taxable income starts from federal taxable income on Form DR 0104, then applies Colorado-specific additions and subtractions on Form DR 0104AD.

The pension and annuity subtraction under C.R.S. Section 39-22-104(4)(f) is the most consequential of those subtractions for a gold IRA participant. The subtraction reduces taxable retirement income before the flat-rate math runs. A retired Colorado resident at age 67 with a $50,000 traditional IRA distribution applies up to $24,000 against the taxable portion. The remaining $26,000 runs through the 4.40 percent flat rate.

A Roth IRA qualified distribution (five-year period satisfied and the participant age 59 and a half or older) is federally tax-free and Colorado tax-free. A non-qualified Roth distribution is subject to federal income tax on the earnings portion only under the basis-ordering rules of IRC Section 408A(d). That taxable earnings portion is also subject to Colorado state tax through federal taxable income on Form DR 0104, reduced by the pension and annuity subtraction if available.

The pension and annuity subtraction under C.R.S. Section 39-22-104(4)(f)

The subtraction is the most significant Colorado-specific retirement tax benefit. C.R.S. Section 39-22-104(4)(f) allows a Colorado resident to subtract a portion of qualifying retirement income from federal taxable income on Form DR 0104AD. The age-tiered caps are $20,000 per person for ages 55 to 64 and $24,000 per person for age 65 and older. A participant under age 55 cannot claim the subtraction unless the income is a survivor benefit.

The covered plan types include traditional IRA, Roth IRA (the taxable earnings portion of a non-qualified distribution), 401(k), 403(b), 457(b), defined benefit pension, military retirement, and self-directed gold IRA distributions. The subtraction is per person, not per account, and applies to the DR 0104 federal taxable income starting figure.

A married couple filing jointly each get a separate cap if both have qualifying retirement income on a Form 1099-R. The combined subtraction can reach $40,000 for an ages-55-to-64 couple or $48,000 for an ages-65-plus couple. A single retired filer with one Form 1099-R uses one cap. The subtraction does not roll forward to subsequent tax years; unused amount is lost.

The mechanical effect at 4.40 percent on a $50,000 traditional IRA distribution for a 67-year-old single filer is approximately $1,056 of state tax owed: $50,000 minus the $24,000 subtraction equals $26,000 of Colorado-taxable retirement income, taxed at 4.40 percent. Without the subtraction, the same distribution would owe $2,200 in Colorado state tax. The subtraction saves the participant roughly $1,144 in this scenario.

The state-tax-rate spread matters at distribution scale. A retired Colorado resident age 65 or older with the $50,000 distribution and the $24,000 subtraction faces approximately $1,144 in Colorado state tax. A retired Alabama resident with the same distribution faces approximately $2,475 at the 5 percent Alabama bracket without a parallel age-tiered subtraction.

A retired California resident faces approximately $4,400 at the 9.3 percent California bracket. A Texas or Florida resident faces $0 at the state level because neither state imposes a state individual income tax.

Separate from the pension and annuity subtraction, Colorado fully exempts federally taxable Social Security benefits from state income tax for taxpayers age 65 and older under HB22-1414 changes to C.R.S. Section 39-22-104(4). For ages 55 to 64, federally taxable Social Security counts against the $20,000 pension and annuity cap. Colorado does not impose its own Social Security inclusion formula separate from the federal IRC Section 86 treatment.

Bar chart showing the Colorado flat individual income tax rate declining from 4.63 percent through 2019 to 4.55 percent for 2020 and 2021 to 4.40 percent for 2022 and after. The 2020 reduction came through Proposition 116 of 2020. The 2022 reduction came through Proposition 121 of 2022. The current statutory rate of 4.40 percent applies to all taxable income under Colorado Revised Statutes Section 39-22-104, subject to potential TABOR-driven temporary reductions in years with a state revenue surplus.
Figure 1. Colorado flat individual income tax rate over time. Two voter-approved ballot measures stepped the flat rate down from 4.63 percent (in effect through 2019) to 4.55 percent (Proposition 116 of 2020) to 4.40 percent (Proposition 121 of 2022). The current statutory rate of 4.40 percent applies to all taxable income under C.R.S. Section 39-22-104. The TABOR refund mechanism under Article X Section 20 of the Colorado Constitution can temporarily reduce the rate further in years with a state revenue surplus. Source: Colorado Department of Revenue rate bulletins; C.R.S. Section 39-22-104.

Precious metals IRA early-withdrawal penalty estimator

Taking money out of a precious metals IRA before age 59 and a half triggers a 10% federal additional tax on top of ordinary income tax. State add-on taxes vary; check your state. The federal penalty is estimated below.

Estimate only, not tax advice. The 10% federal additional tax applies to early distributions before age 59 and a half; specific exceptions exist. Your state may add its own tax, and ordinary income tax applies separately. Source: IRS Publication 590-B. Consult a tax advisor.

The right dealer explains every fee up front. Get Augusta's free precious metals IRA company checklist.

Federal mechanics that still apply: 72(t), RMDs, and withholding

Colorado state law does not reach the federal mechanics on a gold IRA. The IRC Section 72(t) 10 percent additional tax on pre-59-and-a-half distributions applies in full. The exceptions are the same federal exceptions that apply in every state. They include medical expenses above 7.5 percent of AGI, qualified higher education expenses, first-time homebuyer ($10,000 lifetime), substantially equal periodic payments under Section 72(t)(2)(A)(iv), and the public safety officer age-50 exception under Section 72(t)(10).

The SECURE Act 2.0 amended IRC Section 401(a)(9). The required minimum distribution (RMD) age is 73 for participants born between 1951 and 1959. It is 75 for participants born in 1960 and after. The RMD calculation uses the Uniform Lifetime Table in IRS Publication 590-B Appendix B. Colorado does not impose a parallel state-level RMD because the federal RMD already triggers the Colorado income inclusion through federal taxable income on Form DR 0104.

The withholding default on a traditional IRA distribution to a Colorado resident is 10 percent federal withholding under IRC Section 3405(b)(1) unless the participant elects out on Form W-4R. Colorado state withholding on retirement distributions is not mandatory at the federal level. The Colorado DR 0004 Withholding Certificate can be filed with the custodian to set a specific state withholding amount, but the participant can also wait until the DR 0104 is filed and pay any balance due at filing.

An indirect rollover (60-day rollover under IRC Section 408(d)(3)) subjects the participant to a mandatory 20 percent federal withholding on the distribution from an employer plan to the participant before re-deposit. The 20 percent is held against federal tax. Colorado state tax is not pre-withheld on the indirect rollover. A direct trustee-to-trustee transfer avoids both withholdings entirely.

The IRS Publication 590-B treatment of an in-kind distribution from a self-directed gold IRA is the same in Colorado as in every other state. The fair market value of the physical metal on the distribution date is the federally taxable amount. The custodian reports the FMV on Form 1099-R Box 1. Colorado applies the 4.40 percent flat rate against that FMV on Form DR 0104, reduced by any available pension and annuity subtraction.

Snowbirds, former-state taxation, and the Pension Source Tax Act

A Colorado resident who previously lived in California, New York, Illinois, or another high-tax state may carry latent state-tax exposure if the former state asserts continuing-residency status. The federal Pension Source Tax Act of 1996 (4 U.S.C. Section 114) blocks a former state of residence from taxing retirement income paid to a person who is no longer a resident of that state. The protection covers traditional IRA, Roth IRA, 401(k), 403(b), 457(b), defined benefit pension, and self-directed gold IRA distributions.

The statute defines retirement income broadly. It includes IRA distributions under IRC Section 408 and qualified plan distributions under IRC Section 401. The protection applies once the participant has established residency in the new state. The Colorado side is the current-state-of-residence claim. The former state’s claim is the question the Pension Source Tax Act resolves.

Documentation discipline matters. Update the IRA custodian’s address of record to the Colorado address. File a final part-year return for the former state in the year of the move. Update any state withholding election. Update voter registration, driver’s license, and any other indicia of domicile to Colorado. Hold the old state’s documents for the audit lookback period (typically four years).

The reverse case is also possible. A Colorado retiree who moves to a no-state-tax state (Texas, Florida, Tennessee, Wyoming, South Dakota) drops the Colorado tax claim from the date of new domicile. The Pension Source Tax Act bars the prior Colorado state from taxing retirement income paid after the move. A move to a higher-tax state (Oregon, Minnesota) raises the state-tax cost on the same dollar.

Snowbird households that maintain two residences must pick one as the state of domicile. Day-count rules vary by state. California uses a multi-factor presumption with a nine-month tendency. New York uses a 183-day statutory residency test. Colorado asserts residency based on physical presence plus intent to remain, addressed in Department of Revenue guidance on FYI Income 17 (Income Tax Topics: Part-Year Residents and Nonresidents). The custodian’s address of record should match the chosen domicile.

Bar chart comparing the state income tax owed on a 50000 dollar traditional IRA or self-directed gold IRA distribution for a single retired filer age 65 or older across five reference states. A retired Colorado resident with the 50000 dollar traditional IRA distribution and the 24000 dollar pension and annuity subtraction under Colorado Revised Statutes Section 39-22-104 subsection 4f faces approximately 1144 dollars in Colorado state tax at the 4.40 percent flat rate. A retired Alabama resident with the same distribution faces approximately 2475 dollars at the 5 percent Alabama bracket. A retired California resident faces approximately 4400 dollars at the 9.3 percent California bracket. A Texas resident faces 0 dollars at the state level because Texas imposes no state individual income tax. A Florida resident faces 0 dollars for the same reason.
Figure 2. State income tax owed on a $50,000 traditional IRA / self-directed gold IRA distribution for a single retired filer age 65 or older. Colorado (with the $24,000 pension and annuity subtraction under C.R.S. Section 39-22-104(4)(f) applied) owes approximately $1,144 at the 4.40 percent flat rate. Alabama owes approximately $2,475 at the 5 percent top bracket. California owes approximately $4,400 at the 9.3 percent California bracket. Texas and Florida owe $0 because neither state imposes a state individual income tax. Sources: C.R.S. Section 39-22-104; Alabama Code Section 40-18; California Revenue and Taxation Code Section 17041.

Depository, custodian, and shipping considerations from Colorado

The IRS does not approve any depository located in Colorado. Self-directed gold IRA metals for a Colorado-resident participant are held at one of the standard out-of-state IRS-approved depositories. The most common include Delaware Depository (Wilmington), International Depository Services (Dallas and Delaware), Brink’s Global Services USA (Salt Lake City and Los Angeles), HSBC Bank USA vaults (New York), and CNT Depository (Bridgewater, Massachusetts).

The depository choice is set by the custodian. A self-directed IRA custodian such as Equity Trust, STRATA Trust Company, Kingdom Trust, or Madison Trust has standing relationships with specific depositories. A Colorado-resident participant does not select the depository directly. The participant selects the custodian. The custodian selects the depository from its approved list.

An in-kind distribution to a Colorado-resident participant ships from the depository via insured carrier. The carrier is typically Brink’s, Loomis, or a similar armored-transport firm with secured-package experience. The shipping cost is borne by the participant and is not deductible because the distribution itself is the taxable event.

Shipping fees commonly run from $150 to $500 per shipment depending on insured value and destination ZIP code. High-elevation rural destinations on the Western Slope or in the San Luis Valley may carry surcharges relative to Front Range metro ZIP codes.

An in-cash distribution avoids the shipping question entirely. The depository sells the metal at the spot price on the distribution date. The cash proceeds are wired to the participant’s bank or sent by ACH. The federally taxable amount is the cash distribution amount on Form 1099-R Box 1. The Colorado mechanic is identical to any other IRA cash distribution: the DR 0104AD pension and annuity subtraction runs against the same dollar if the age tier is met.

Property tax, sales tax, and the broader Colorado retirement landscape

Colorado’s retirement landscape is friendly but not zero-tax. The flat state income tax rate is 4.40 percent. The pension and annuity subtraction shaves the first $20,000 to $24,000 per person from the taxable retirement income.

State sales tax sits at 2.90 percent under C.R.S. Section 39-26-106, one of the lowest base rates in the country. Local sales taxes add 1 to 7 percent depending on the city and county; the combined rate in Denver, Boulder, or Aurora commonly reaches 8 to 9 percent.

The Senior Homestead Property Tax Exemption is the largest property-related benefit for retirees. Adopted in 2000 under Article X Section 3.5 of the Colorado Constitution, the exemption exempts 50 percent of the first $200,000 of the assessed value of a qualifying primary residence from property tax.

To qualify, the homeowner must be age 65 or older, must have owned and occupied the home for at least 10 consecutive years, and must apply through the county assessor. A disabled veteran exemption operates on parallel terms.

Colorado does not impose a state estate tax. The state decoupled from the federal pickup credit when the credit was phased out under the Economic Growth and Tax Relief Reconciliation Act of 2001. The federal estate-tax regime under IRC Section 2001 applies unchanged. The federal estate-tax exclusion for 2025 was $13.99 million per individual ($27.98 million for a married couple with portability). The 2026 figures will be set by IRS Revenue Procedure for inflation adjustment.

The Tax Cuts and Jobs Act of 2017 doubled the federal estate-tax exclusion through 2025. The doubling is set to sunset on January 1, 2026 absent congressional action. The post-sunset exclusion is projected at approximately $7 million per individual after inflation adjustment. A Colorado-resident gold IRA participant with a balance close to the post-sunset threshold should review the federal estate-tax exposure with a planning attorney. The state-level dimension remains zero in Colorado either way.

The TABOR refund mechanism (Article X Section 20 of the Colorado Constitution) requires the state to refund revenue collected above the TABOR cap. In years with a state surplus, the General Assembly has used a temporary income tax rate reduction as one of several refund vehicles, alongside the Colorado Cash Back rebate and the local government TABOR backfill.

The TABOR-driven temporary rate reduction can shave the 4.40 percent rate to 4.25 percent or lower in qualifying years. Participants should check the Colorado Department of Revenue rate bulletin for the current tax year before completing Form DR 0104.

Common mistakes Colorado retirees make on a gold IRA

  1. Forgetting to claim the pension and annuity subtraction on Form DR 0104AD. A retiree who receives a Form 1099-R for an IRA distribution and lets the tax software default the DR 0104AD pension and annuity subtraction line to zero overpays the Colorado state tax by up to $1,056 per person (4.40 percent times $24,000). The fix is to manually enter the qualifying retirement income on DR 0104AD up to the age-tiered cap.
  2. Missing the age-tier transition at 65. A 64-year-old participant uses the $20,000 cap. A 65-year-old participant uses the $24,000 cap. The transition is based on the participant’s age on the last day of the tax year. A participant who turned 65 on December 31 qualifies for the higher cap for that tax year. A participant who turned 65 on January 2 of the following year does not.
  3. Missing the former-state residency lookback. A retiree who moved to Colorado from California within the prior four years and takes a distribution may receive an audit notice from the California Franchise Tax Board asserting continuing residency. The defense is the documentation file: voter registration date, driver’s license issue date, lease or property tax records, DR 0104 filing history. The Pension Source Tax Act preempts the assertion if domicile was cleanly broken.
  4. Selecting a custodian without confirming depository shipping to Colorado. Not every custodian’s standing depository contract covers in-kind shipping to mountain or rural Western Slope ZIP codes. The participant who plans for an in-kind distribution at retirement should confirm the shipping arrangement in writing at account opening, not at distribution.
  5. Missing the SECURE 2.0 RMD age update. A 73-year-old Colorado participant born in 1953 is under the age-73 rule. A 71-year-old participant born in 1955 is also under the age-73 rule (RMD starts at age 73). A 65-year-old participant born in 1961 is under the age-75 rule. The custodian’s automated RMD calculation should reflect the birth-year cohort.
  6. Confusing state estate-tax status with federal estate-tax status. Colorado has no state estate tax. The federal estate tax under IRC Section 2001 applies in full. A self-directed gold IRA with a balance above the federal exclusion amount is subject to federal estate tax at the participant’s death. The state-level zero does not erase the federal liability.
  7. Skipping dealer vetting because the state-tax math feels small. Colorado’s age-tiered subtraction and 4.40 percent flat rate make the state-level cost manageable. They do not remove the dealer-selection layer. The custodian, depository, fee schedule, and buyback policy still matter. Check this dealer against the 2026 OPRS list before any custodian conversation.

What changed in 2026 for a Colorado gold IRA participant

The federal contribution and distribution rules continue to evolve. The IRA contribution limit for 2025 was $7,000 (under age 50) and $8,000 (age 50 and older catch-up) under IRC Section 219(b)(5). The 2026 figures will be released by IRS Revenue Procedure in late 2025 for the 2026 tax year. The Colorado state-level dimension does not change with the federal limit; the DR 0104 still uses federal taxable income as the starting point.

The SECURE 2.0 Roth catch-up rule under Section 603 takes effect for tax years beginning after December 31, 2025. Participants age 50 and older with prior-year wages above $145,000 (indexed) must make catch-up contributions on a Roth basis only. The rule applies to 401(k), 403(b), and 457(b) plans. The IRA catch-up rule under Section 219(b)(5)(B) is not affected by the change.

The federal estate-tax exclusion is set to sunset from the doubled level on January 1, 2026. The pre-sunset exclusion was $13.99 million per individual in 2025. The post-sunset exclusion is projected at approximately $7 million per individual after inflation adjustment. The Colorado state-level dimension remains zero either way. The federal liability for a Colorado-resident gold IRA holder above the post-sunset threshold should be reviewed with an estate-planning attorney.

The Colorado flat individual income tax rate stands at 4.40 percent under Proposition 121. The TABOR refund mechanism may continue to temporarily reduce the rate in qualifying years. The pension and annuity subtraction caps under C.R.S. Section 39-22-104(4)(f) remain unchanged in the current code at $20,000 (ages 55 to 64) and $24,000 (age 65 and older). Participants should check the Colorado Department of Revenue rate bulletin each January for the current rate and any subtraction adjustment.

A Colorado-resident gold IRA participant has a manageable state-tax matrix. The 4.40 percent flat rate and the age-tiered subtraction of $20,000 (ages 55 to 64) or $24,000 (age 65 and older) stack against the federal mechanics. The federal layer is the same as in every other state.

The state layer is small enough that the dealer-selection layer carries the operational weight of the planning decision. The custodian’s depository, fee schedule, in-kind distribution shipping arrangement, and buyback policy determine the quality of the account through retirement and at distribution.

The dealer-side trust signal stack that OPRS uses includes four markers that travel across all 50 states. The markers are listed below.

  • Money Magazine Best Overall Gold IRA Company (2022 to 2026)
  • Investopedia Most Transparent Gold IRA Company (2022 to 2026)
  • BBB A+ Rating with Zero Complaints (accredited since 2014)
  • Education-First Process with non-commissioned customer success agents

Get the Augusta company-comparison checklist

The free company-comparison checklist walks through the custodian, depository, distribution-code, and Form 1099-R coding mechanics that a Colorado-resident distribution has to coordinate with. The checklist is the higher-intent asset for screening any single dealer against the four-marker trust-signal stack at the pre-distribution planning moment.

OPRS may receive compensation when readers proceed. Editorial selection is independent. Updated July 2026.

Does Colorado tax traditional IRA distributions at all?

Yes. Colorado taxes traditional IRA and self-directed gold IRA distributions as ordinary income on Form DR 0104 at the flat 4.40 percent rate under C.R.S. Section 39-22-104. The pension and annuity subtraction under C.R.S. Section 39-22-104(4)(f) reduces the taxable amount by up to $20,000 per person for ages 55 to 64 and up to $24,000 per person for age 65 and older. The remaining taxable amount runs through the flat rate.

Roth IRA qualified distributions (five-year period satisfied and the participant age 59 and a half or older, or another qualifying event) are federally tax-free and Colorado tax-free. Federally taxable Social Security benefits are fully exempt from Colorado state income tax for taxpayers age 65 and older under HB22-1414. For ages 55 to 64, federally taxable Social Security counts against the $20,000 pension and annuity cap.

How does the pension and annuity subtraction work for a couple?

The subtraction is per person, not per return. A married couple filing jointly each get a separate cap if both spouses have qualifying retirement income reported on a Form 1099-R. The combined subtraction can reach $40,000 for an ages-55-to-64 couple or $48,000 for an ages-65-plus couple. A single spouse with retirement income uses one cap; the other spouse’s cap is not transferable.

The qualifying retirement income includes traditional IRA distributions, Roth IRA earnings (when taxable), 401(k) distributions, 403(b) distributions, 457(b) distributions, defined benefit pension payments, military retirement, and self-directed gold IRA distributions. The subtraction is administered through Form DR 0104AD as a subtraction from federal taxable income.

Does Colorado impose a state-level early-distribution penalty like Wisconsin?

No. Colorado does not impose a state-level additional tax on early IRA distributions parallel to the federal IRC Section 72(t) 10 percent additional tax. Wisconsin imposes a 33 percent state mini-penalty under Wisconsin Statute 71.83(1)(b)6. California imposes a 2.5 percent additional tax under California Revenue and Taxation Code Section 17085.

A Colorado-resident participant who takes a pre-59-and-a-half distribution from a traditional IRA pays the federal 10 percent additional tax. The participant also pays Colorado state tax on the taxable portion at the 4.40 percent flat rate. The pension and annuity subtraction is not available to participants under age 55 (other than for survivor benefits). The state-level early-distribution penalty layer is zero.

If I move from California to Colorado, when does my California income tax stop?

California state income tax stops when Colorado residency is established and California domicile is broken. The California Franchise Tax Board uses a multi-factor presumption analysis: physical presence, intent to remain, voter registration, driver’s license, vehicle registration, location of personal effects, professional and social ties, and the place where minor children attend school.

The federal Pension Source Tax Act of 1996 (4 U.S.C. Section 114) preempts California’s claim on IRA distributions paid after Colorado residency is established. The protection applies to traditional IRA, Roth IRA, 401(k), 403(b), 457(b), defined benefit pension, and self-directed gold IRA distributions. The participant should retain documentation of the move and the date of new Colorado residency.

Are PERA pension benefits taxable in Colorado?

Yes, in part. Colorado Public Employees’ Retirement Association (PERA) defined benefit pension payments are taxable as ordinary income at the Colorado level through federal taxable income on Form DR 0104. The pension and annuity subtraction under C.R.S. Section 39-22-104(4)(f) reduces the taxable portion by up to $20,000 per person for ages 55 to 64 or up to $24,000 per person for age 65 and older.

The federal tax treatment under IRC Section 72 applies in full. The federal exclusion ratio applies if the PERA participant made after-tax contributions during the working years. PERA reports the federally taxable amount on Form 1099-R Box 2a. Colorado applies the flat rate against the Form 1099-R Box 2a amount, reduced by the pension and annuity subtraction.

Sources cited

  1. Colorado Department of Revenue, Individual Income Tax Division
  2. Colorado Revised Statutes Title 39, Income Tax (C.R.S. Section 39-22-104)
  3. IRC Section 72, Annuities; Certain Proceeds of Endowment and Life Insurance Contracts
  4. IRC Section 72(t), Additional Tax on Early Distributions from Qualified Retirement Plans
  5. IRC Section 408, Individual Retirement Accounts (Traditional IRA)
  6. IRC Section 408A, Roth IRA Distribution Rules
  7. IRC Section 3405, Withholding on Pension and Annuity Distributions
  8. 4 U.S.C. Section 114, Pension Source Tax Act of 1996
  9. IRS Publication 590-B, Distributions from Individual Retirement Arrangements
  10. Colorado Public Employees’ Retirement Association (PERA)

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