Smithfield, UT asked in Tax Law for Colorado

Q: Colorado is claiming that I own them back taxes for a year that I didn't live there or earn any income there.

On September 15th 2014 I moved out of Colorado to Utah and have resided there ever sense. 2014 tax year I simited a partial year tax return to both the state of Colorado and Utah. Now Colorado is claiming that I own them back taxes for the tax your 2015 of just over $4,000. All of my income for that year was earned in the state of Utah. My question is how should i proceed with the state on this matter?

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1 Lawyer Answer
D. Mathew Blackburn
D. Mathew Blackburn
Answered
  • Tax Law Lawyer
  • Englewood, CO
  • Licensed in Colorado

A: Colorado is incredibly aggressive regarding residency for income tax purposes. You're going to have to provide evidence that you were not physically in Colorado and that you had changed your residency to Utah. Here's a CO Dept. of Revenue ("CDOR") FYI publication explaining resident/non-resident status. https://www.colorado.gov/pacific/sites/default/files/Income6.pdf

I would start with sending in the applicable documents to establish residency in Utah. If CDOR rejects those I would suggest hiring a professional to challenge the tax assessed.

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