Source: L. 2011: Entire part added, (SB 11-165), ch. 184, p. 703, § 1, effective August 10.
Section 2013 of the Internal Revenue Code of 1986 allows a credit for federal estate taxes paid on certain properties that were included in the taxable estate of a person who died within a relatively short time of the decedent's death. This credit often is referred to as a credit for property previously taxed.
A beneficiary of property attracting a foreign or State death tax may have paid that tax directly or may have paid it indirectly by virtue of the tax's being paid out of the property passing to that person. If that occurs, while the beneficiary's payment of the foreign or State tax reduces the amount that the beneficiary will receive, it will not reduce the value of the beneficiary's interest in the apportionable estate according to the definition of "value" in this Act. See section 15-12-1402 (8). The Act mitigates the beneficiary's burden by giving the beneficiary the benefit of any estate tax credit allowed for the foreign or State tax and paid by the beneficiary.
The benefits and burdens described in subsection (1)(c) are to be allocated ratably among persons in accordance with the amount of deferral or extension attributable to their interests in the apportionable estate.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 12 - Probate of Wills and Administration
Part 14 - Colorado Uniform Estate Tax Apportionment Act
§ 15-12-1403. Apportionment by Will or Other Dispositive Instrument
§ 15-12-1404. Statutory Apportionment of Estate Taxes
§ 15-12-1405. Credits and Deferrals
§ 15-12-1406. Insulated Property, Advancement of Tax - Definitions
§ 15-12-1407. Apportionment and Recapture of Special Elective Benefits
§ 15-12-1408. Securing Payment of Estate Tax From Property in Possession of Fiduciary
§ 15-12-1409. Collection of Estate Tax by Fiduciary
§ 15-12-1410. Right of Reimbursement
§ 15-12-1411. Action to Determine or Enforce Part