Time allowed for refund claims

An individual must file any claim for refund within the period allowed for filing a claim for refund of federal income tax plus one year. The period allowed for filing a claim for refund of federal income tax is affected by various factors, including the date the original return is filed, the date any payment of tax was made, any agreement for extension between the taxpayer and the taxing authority, and a number of other factors not discussed in this publication. The period for filing a claim for refund of Colorado income tax is similarly affected by these factors.

In general, the period allowed for claiming a refund of federal income tax is three years. Consequently, the period allowed for claiming a refund of Colorado income tax is generally four years. The application of this time period in various circumstances, as well as other factors that may affect the period allowed for claiming a refund of Colorado income tax, are discussed in the following sections. A claim for refund of Colorado individual income tax is made with the filing of either an original Colorado Individual Income Tax Return (DR 0104) or an Amended Colorado Individual Income Tax Return (DR 0104X) .

Any request made by an individual to apply an overpayment toward the estimated tax due for the following tax year is a claim for refund subject to the limitations discussed in this Part 8. If the period for claiming a refund has expired and no refund may be claimed, the crediting of any overpayment toward the following year’s estimated tax is similarly prohibited.