Background Information:
Internal Audit annually reviews personnel compliance with the Department of Revenue (DOR) Policy, EDO-035, Requirement to File & Pay Colorado Income Taxes. This policy was last updated on May 2, 2023.
The policy requires that all Colorado Department of Revenue (CDOR) employees, contractors, and external agencies’ staff with access to CDOR data, systems, and/or secured facilities file and pay their Colorado income taxes by the required filing and payment deadlines.
A1. The CDOR Internal Audit reviews that all workers satisfied the policy’s filing and tax
payment requirements for their current State individual income tax return after they were hired to be compliant with DOR Policy, EDO-035, Requirement to File & Pay Colorado Income Taxes.
Q2. Who is required to comply with this policy?
A2. This policy is a condition for continued employment and access to CDOR secured
facilities, data, systems, or applications for all workers. The policy applies to:
CDOR employees (including CDOR contract employees as well as those who reside in another state as a condition of their employment), interns, and volunteers, or
Contractors or third-party vendor employees, or
Other state agency employees with access to CDOR data, systems, or facilities.
Q3. What do I need to do to be in compliance with the policy requirements?
A3. The policy requirement has two main requirements:
(1) File your State Individual Income Tax return by the filing deadline. The filing due date is typically April 15th of the following year of each tax year.
If you cannot file your return by the filing deadline, you may take advantage of the state’s automatic six-month extension of time to file. There is no form to fill out to notify the Department of Revenue that you are taking the extension. The extension filing due date is typically October 15th of the following year of each tax year.
(2) Pay any tax liability to the state by the individual income tax payment deadline if you owe taxes on your return. The payment due date is typically April 15th of the following year of each tax year.
Unlike the filing requirement, there is no extension for tax payments owed. Your full Colorado tax liability is still due on the payment deadline.
Each year the deadlines for requirements to file & pay Colorado income taxes can change when the due date falls on Saturday, Sunday, or a legal holiday. Please see the Taxation Division’s Individual Income Tax | Due Dates & Filing Extension website for each year update information. If you are required to file an income tax return with another state, please refer to that State’s income tax return filing and payment deadlines.
Q4. I have filed my Colorado individual taxes, but I cannot pay my full Colorado tax liability by the April payment deadline. What should I do?
A4. If you cannot pay the full amount of your tax obligation to the state of Colorado by the due date, you must initiate a request for an Agreement to Pay (ATP) with the Collection’s Section of the Taxation Division.
You can begin this process by first completing this Google Form to request an ATP. You must complete this form on or before the April payment deadline to be in compliance with DOR policy.
The Collection’s Section will contact you after the April payment deadline to set up an ATP. They will not contact you prior to the payment deadline.
Q5. Do I need to notify Internal Audit after I have set up an Agreement to Pay (ATP)?
A5. No. Internal Audit does not need to be notified that you have set up an ATP. As long as you make timely payments per the agreement, you are in compliance with DOR policy.
Q6. I didn’t need to file a federal tax return for the current tax year. Do I still need to file a Colorado individual tax return to be compliant with DOR policy?
A6. No. If you are not required to file a federal income tax return for the current tax year, then you do not need to file a Colorado individual tax return to be compliant with DOR policy.
Q7. I am expecting a refund or zero balance owed to Colorado for the current tax year. Do I still need to file my Colorado individual tax return to be compliant with DOR policy?
A7. Yes. If you are required to file a federal income tax return, it is mandatory that you file a Colorado individual tax return to be compliant with DOR policy, regardless of whether you are expecting a refund or zero balance is owed to Colorado.
Q8. I am missing some tax documents and I will not be able to complete and file my Colorado tax return by the April filing deadline. What do I need to do?
A8. If you are expecting a refund or zero balance owed to Colorado, no action is required.
Just be sure to file your return by the filing extension deadline in October.
If there's a chance you may owe Colorado income tax payment, you may want to make an additional payment with an extension form by the payment due date. You can make an extension payment using form DR 0158-I. This form can be found under its applicable tax year at Individual Income Tax Forms for Individuals & Families.
Please see the Taxation Division’s Individual Income Tax | Due Dates & Filing Extension website for more information.
Q9. I was notified by my manager that I’m not in compliance with DOR Policy EDO-035 and that I did not file a tax return for the prior tax year. I have a receipt from the IRS confirming that I filed my tax return on time. Can you please clarify why my tax return was found non-compliant?
A9. The Colorado Department of Revenue (DOR) is a separate entity from the IRS and processes Colorado taxes, not federal. You are required to file both your federal tax return with the IRS as well as the Colorado individual income tax return with DOR.
Q10. I owe on my federal income tax return, but I will be receiving a refund from the state of Colorado. I filed both my federal and Colorado individual income tax returns by the filing due date. What will happen if I am unable to pay my federal taxes by the due date?
A10. If you are receiving a refund from the state of Colorado, then you are compliant with the DOR employee tax filing and payment policy. The scope of DOR policy EDO-035 includes only the Colorado individual income tax, not federal taxes.
Q11. I received a Notice of Deficiency (NOD) for a DOR return correction or adjustment. I cannot afford to pay the full balance within 30 days. What should I do?
A11. If you cannot pay the full amount of your tax obligation within 30 days that the NOD is issued, you must initiate a request for an Agreement to Pay (ATP) with the Collections Section of the Taxation Division. Call the Collections Section at 303-205-8291 to set-up the ATP within 30 days of the NOD date to comply with the policy.
Q12. I was notified by my appointing authority that I have a non-compliant tax payment, but I already paid the full tax balance. Why did my manager say that there was a non-compliance?
A12. Payment for an outstanding tax balance for the prior tax year that is made after the payment deadline is considered a late payment. The deadline to make a payment is typically April 15th. Although there is no action required for that tax payment since it has been made in full, please review the EDO-035 policy to know the related requirements for the next tax filing and payment season.
Internal Audit strives to be a trusted advisor to every employee and manager at the Colorado Department of Revenue (DOR). We are here to answer any questions you may have on how to comply with EDO-035 policy. Contact DOR Internal Audit at DOR_lnternalAudit@state.co.us. You can also reach us by phone at 303-205-2938.