Basis and Purpose. The statutory bases for this rule are sections 39-21-112(1), 39-22-104(3)(o), and 39-22-104(3)(r), C.R.S. The purpose of this rule is to clarify the requirement to add back, in the calculation of Colorado taxable income, the amount that an electing pass-through entity owner is allowed to deduct under section 199A of the internal revenue code.
General Rule. A taxpayer who takes a federal deduction pursuant to section 199A of the Internal Revenue Code and adds that amount back to federal taxable income pursuant to section 39-22-104(3)(o), C.R.S., does not need to make any addition pursuant to section 39-22-104(3)(r), C.R.S.
39-22-104(3)(r)