Form 105 - Colorado Fiduciary Income Tax Return - 2011 Page 3

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Form 105 instructions
general inFormaTion
to be withheld is 4.63% of the beneficiary’s share of said income,
This filing guide will assist you with completing this Colorado
Income Tax Return. once you finish the form, file it with a computer,
computed without exemption, unless the nonresident beneficiary
smartphone, or tablet using our free and secure Revenue online
files a timely return of his total income from sources within Colorado,
in which case the fiduciary shall withhold and pay only the amount of
service at or, you may file using
tax disclosed by the beneficiary’s return. use Form 104BEp on the
private eFile software or with a paid tax preparer. By filing your return
inside back cover to make the payment. File Form 104BEP using
electronically, you significantly reduce the chance of errors and you
the name, address and social security number of the beneficiary.
will receive your refund much faster. If you cannot file electronically
Photocopy additional copies of Form 104BEP as needed. Payment
for any reason, mail the enclosed forms as instructed.
is due at the time the income is distributed.
Please read through this guide before starting your return. All
Period to be covered by the return. The return must cover the
Colorado forms and publications referenced in this guide are
same tax period as is used for federal tax purposes.
available for download at — the official
Colorado Taxation Web site.
Amending your return. A change or correction on
your return may be made through Revenue online,
account number. A Colorado account number is not assigned
If you are unable to amend
to a fiduciary account until the first tax return has been filed. If the
online, complete a corrected Form 105. Check the amended return
eight-digit account number has been assigned, please enter it on
box at the top of the corrected Form 105. Any adjustment made on a
the return. This will speed processing of the return and the issuance
federal amended return must be reported and the Colorado income
of any refund.
tax adjusted accordingly. Any adjustments made by the IRS must be
Resident estates and trusts. A resident estate is defined as an
reported to Colorado by attaching the revenue agent’s report (RAR)
estate of a deceased person which is administered in Colorado in
to the amended return. Attachments may be uploaded in Revenue
any manner other than by an ancillary proceeding. A resident trust
online. The statute of limitations for assessment will not run on any
is defined as any trust which is administered in Colorado.
year for which such adjustments are not reported.
Nonresident estates and trusts. The Colorado tax of a nonresident
When and where to file. The Colorado fiduciary income
estate or trust shall be what the tax would have been were it a resident
tax return is due by the fifteenth day of the fourth month
estate or trust apportioned in the ratio of the Colorado taxable income
following the close of the taxable year. See form DR 0158-F
to the modified federal taxable income. use schedule E to make
for automatic extension of time for filing. Electronically file at
the apportionment.
or, if you cannot file
electronically for any reason, mail Form 105 to: Colorado
Requirement for filing. Every resident estate or trust or every
Department of Revenue, Denver, Colorado 80261-0006.
nonresident estate or trust with Colorado source income must file
a Colorado income tax return if it is required to file a federal income
Additional information available. Forms, FyIs and
tax return or if it has a Colorado tax liability.
other information is available on the Taxation Web site at
or you can call 303-238-SERV (7378)
information returns. Any estate or trust that is required to file a
for information.
federal information return (such as the 5227 or 1041A) must also
line By line insTrucTions
file Form 105 with Colorado. Complete the appropriate schedules
to provide beneficiary and income information.
First, complete the federal income tax return to be filed with the
Return for decedent. If an executor or administrator is required to
IRs–form 1041. you will use the information from that form to
file a federal income tax return for a decedent who was a Colorado
complete this Colorado income tax return.
resident or a nonresident with Colorado source income, he/she is
Line 1 Federal Taxable Income
required to file a Colorado return for such decedent.
Enter the federal taxable income of the estate or trust.
If a final determination of tax liability is requested for the estate
Line 2 Additions to Taxable Income
or trust of a decedent, the request must be submitted on form
Enter the sum of the following:
DR 0253. Such request must be submitted under separate cover.
• Any state income tax claimed as a deduction in computing federal
Estimated tax payments are not required for a fiduciary return.
taxable income.
However, if you want to make estimated payments, use estimated
• Any interest income accrued or received during the taxable year on
tax Form 105EP to submit your payment.
obligations of any state or subdivision thereof other than obligations
of the state of Colorado or a subdivision thereof. The amount of
Withholding for nonresident beneficiaries. Every fiduciary of
interest entered shall be net of any bond premium amortization
an estate or trust, with a nonresident beneficiary who receives net
and any expenses required to be allocated to such interest income
income from real or tangible personal property within Colorado, shall
under provisions of the internal revenue code.
withhold and pay taxes to the Department of Revenue out of the
income to be distributed to such nonresident beneficiary. The amount
Page 3

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