SALT Cap Workaround Retroactive to 2018 Advances in Colorado

April 27, 2022, 6:44 PM

  • State is only one with retroactivity provision
  • Practitioners see possible concerns at the IRS

Colorado could be flooded with tens of thousands of amended tax returns under fast-moving legislation that would make the state’s workaround to the federal $10,000 cap on deductions for state and local taxes retroactive to 2018.

The Senate on Wednesday unanimously passed the SALT Parity Act, S.B. 22-124, which modifies a previous law permitting pass-through businesses such as partnerships and S corporations to pay their state income taxes at the entity level as a workaround to the $10,000 cap in the 2017 federal tax law. Colorado’s original law was effective for tax years beginning Jan. 1, 2022, but S.B. …

Michael J. Bologna

Staff Correspondent

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