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Completion of DR 1083. DR 1083 must be completed and

Line 9.

Selling price of the transferor's interest is that part

submitted to the Department of Revenue with respect to

of the selling price entered on line 8 apportioned to

sales of Colorado real property if Colorado tax was withheld

the ownership interest of the transferor for whom

from the net proceeds from the sale, or if Colorado tax would

the DR 1083 is being prepared. For example, if

have been withheld but for the signing of an affirmation by

the property was owned 60% by Smith and 40%

the transferor.

by Jones and the property was sold for $150,000,

the DR 1083 being prepared for Jones would show

Information. Forms and additional information are available

$150,000 on line 8 and $60,000 on line 9. Note that

through the Tax Information Index at

it is the amount on line 8 that determines whether

or call (303) 238-SERV (7378) for information.

or not the $100,000 withholding tax threshold is

Line 1.

Enter the name and address of the transferor.

met, not the amount entered on line 9, but the

In the case of multiple transferors of the same

withholding is to be computed on the amount on

real property, a separate DR 1083 must be filed

line 9 if it is smaller than the amount on line 8.

for each transferor except that if the transferors

Line 10

If Colorado tax is withheld on the transaction,

are husband and wife at the time of closing who

check the box on line 10 and show the amount

held the property as joint tenants, tenants by the

withheld on line 11.

entirety, tenants in common, or as community

property, and they are both subject to withholding

Line 11

If Colorado tax is being withheld on the transfer,

or both exempt from withholding, treat them as

the title insurance company or the person providing

a single transferor and list both of their names

the closing and settlement services must complete

on line 1. Do not list husband and wife as one

DR 1079 which is the form used to transmit the tax

transferor if they do not choose to be listed as

withheld to the Colorado Department of Revenue.

one transferor. Use the same address as is used

Line 12.

If Colorado tax is not withheld on the transaction,

on the federal FORM 1099-S if one is required to

check appropriate box on line 12.

be filed. Otherwise, use the most current address

Due date and penalty. The title insurance company or other

available.

person providing the closing and settlement services must

Line 3.

If both husband and wife are listed on line 1, show

file DR 1083, together with DR 1079 if Colorado tax was

both Social Security Numbers on line 3.

withheld on the transfer, with the Colorado Department of

Line 5.

Type of property sold would be residential, rental,

Revenue within 30 days of the closing date of the transaction.

commercial, unimproved land, farm, etc.

Any title insurance company or its authorized agent which is

Line 6.

Address or legal description would be the same

required to withhold any amount pursuant to §39-22-604.5,

as shown on federal FORM 1099-S.

C.R.S. (relating to withholding on transfers of Colorado real

property interests) and fails to do so shall be liable for the

Line 7.

Date of closing would be the same as shown on

greater of five hundred dollars or ten percent of the amount

Form 1099-S.

required to be withheld, not to exceed twenty-five hundred

Line 8.

Selling price of the property is the contract sales

dollars.

price. Selling price means the sum of:

• the cash paid or to be paid but not including

interest;

• the fair market value of other property

transferred or to be transferred; and

• the outstanding amount of any liability assumed

by the transferee to which the Colorado real

property interest is subject immediately before

and after the transfer.

Form Dr 1083 - Information With Respect To A Conveyance Of A Colorado Real Property Interest - 2013 Page 4

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