Question: Does
Colorado comply with the Federal
Military Spouse Residency Relief Act?
For tax years beginning on or after January 1, 2009, wages and tips of a
qualifying nonresident spouse are not taxable in Colorado and should not
be included on Form 104PN. A qualifying spouse must:
- Have moved to
Colorado from another state,
- Be in Colorado
solely to accompany their active duty service member spouse who is
stationed in Colorado in accordance with military orders,
- AND
- Have the same
state of residency as the home of record of the service member.
A
qualifying spouse who claims exempt wages and tips must submit form DR
1059 to their employer and submit a copy of the DR 1059 along with their
military ID card when filing the Colorado income tax return. A
qualifying spouse may also be required to provide proof of qualification
including, but not limited to, permanent change of station
documentation, prior state filing history and tax returns, voter
registration, and driver's license of the other state.
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