SB19-029 Summary

• Creates a rebuttable presumption that active duty military personnel stationed outside Colorado have acquired legal residency in another state for Colorado income tax purposes.

• Presumption applies when individual provides any one of five documents: DD Form 2058 (state of legal residence certificate), W-2 form, voter registration proof, notification of intent to Colorado, or a will indicating another state as residence.

• Presumption may only be overcome by preponderance of specific evidence clearly establishing the individual did not intend to change residence from Colorado, with the presumption liberally construed in favor of the individual changing residence.

• Allows individuals not meeting the presumption requirements to establish residency in another state by other means.

• Act takes effect August 2, 2019, subject to potential referendum petition; applies to individuals reacquiring residence before, on, or after the effective date.