Colo. Code Regs. 39-22-538

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 39-22-538 - Rural Primary Health Care Preceptor Credit

Basis and Purpose. The statutory bases for this rule are sections 39-21-112(1) and 39-22-538, C.R.S. The purpose of this rule is to set forth the requirements for claiming the rural health care preceptor income tax credit.

(1)General Rule. For the tax years specified in section 39-22-538(3)(a), C.R.S., and subject to the limit established by section 39-22-538(3)(b)(III), C.R.S., primary health care preceptors are eligible to claim a non-refundable income tax credit of $1,000 for a preceptorship provided by the preceptor to eligible health professional students during the applicable income tax year for which the credit is claimed. The credit must be claimed by an individual and cannot be claimed by an estate, trust, partnership, corporation, or other legal entity.

(2)Definitions. For definitions of terms used in this rule, see section 39-22-538, C.R.S.

(3)Preceptorship.

(a) A primary health care preceptor is eligible for this credit if the preceptor:

(i) provides an uncompensated mentoring experience in which a preceptor provides a program of personalized instruction, training, and supervision in a rural or frontier area of Colorado for no fewer than four consecutive or nonconsecutive working weeks or 20 consecutive or nonconsecutive business days per calendar year to eligible Colorado health professional students to enable the students to obtain their professional degree, or certification and

(ii) receives notification from the Department that the preceptor is eligible to claim the credit as described in paragraph (4) of this rule.

(b)Uncompensated Mentoring Experience. A primary health care preceptor is not eligible for this credit if he or she receives any form of compensation for providing a preceptorship. This includes, but is not limited to, any compensation from grants or nonprofit organizations, additional compensation provided by the preceptor's employer, or any compensation provided by the Colorado institution of higher education.

(i) Free continuing education courses provided to all faculty of an institution of higher education, including part-time faculty and preceptors, are not considered compensation for providing a preceptorship because the continuing education courses are provided to all faculty.

(4)Claiming the Credit.

(a) The number of primary health care preceptors that are entitled to claim this credit each tax year is limited by section 39-22-538(3)(b)(III), C.R.S. In order to claim this credit, the preceptor must:

(i) Receive certification that the preceptor satisfied all requirements to receive the credit from the institution for which the preceptor teaches, whether it is an institution of higher education or a hospital, clinic, or other medical facility, or from the regional AHEC office with jurisdiction over the area in which the preceptorship took place.

(ii) Send an electronic copy of the completed certification to the Department by email to dor_preceptor@state.co.us.

(iii) If the preceptor receives notification from the Department that the credit has been issued to the preceptor, file a Colorado income tax return and claim the credit on his or her return.

(b) Subject to the limit established by section 39-22-538(3)(b)(III), C.R.S., credits will be issued each tax year in chronological order based on the timestamp of the email the Department receives from the preceptor, which must include an electronic copy of the completed certification.

(c) The Department will send notification once a month to preceptors that their credit has been either issued or denied.

(5)Protest. A preceptor cannot protest the denial of a credit based on the chronological order the certification was received by the Department. If a preceptor wishes to protest the denial of the credit, the preceptor must claim the credit on his or her return, which will be denied, and the preceptor may protest the denial of such credit after the Department denies the credit claimed on the tax return.

39-22-538

Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/14/2014

37 CR 18, September 25, 2014, effective 10/15/2014

37 CR 19, October 10,2014, effective 10/30/2014

37 CR 22, November 25, 2014, effective 12/16/2014

38 CR 04, February 25, 2015, effective 3/17/2015

38 CR 07, April 10, 2015, effective 4/30/2015

38 CR 11, June 10, 2015, effective 6/30/2015

38 CR 22, November 25, 2015, effective 12/15/2015

38 CR 24, December 25, 2015, effective 1/14/2016

38 CR 24, December 25, 2015, effective 1/19/2016

39 CR 01, January 10, 2016, effective 1/30/2016

39 CR 16, August 25, 2016, effective 9/14/2016

40 CR 08, April 25, 2017, effective 5/15/2017

40 CR 12, June 25, 2017, effective 7/15/2017

40 CR 16, August 25, 2017, effective 9/14/2017

40 CR 23, December 10, 2017, effective 1/1/2018

41 CR 14, July 25, 2018, effective 8/14/2018

41 CR 20, October 25, 2018, effective 11/14/2018

42 CR 02, January 25, 2019, effective 12/18/2018

42 CR 02, January 25, 2019, effective 12/18/2018, expires 4/17/2019

42 CR 06, March 25, 2019, effective 4/14/2019

43 CR 04, February 25, 2020, effective 3/16/2020

43 CR 13, July 10, 2020, effective 6/2/2020

43 CR 17, September 10, 2020, effective 9/30/2020

44 CR 03, February 10, 2021, effective 3/2/2021

44 CR 07, April 10, 2021, effective 4/30/2021

44 CR 08, April 25, 2021, effective 5/15/2021

45 CR 01, January 10, 2022, effective 1/30/2022

45 CR 04, February 25, 2022, effective 3/17/2022

45 CR 05, March 10, 2022, effective 3/30/2022

46 CR 11, June 10, 2023, effective 5/2/2023

46 CR 09, May 10, 2023, effective 5/30/2023

46 CR 15, August 10, 2023, effective 8/30/2023