Definitions

As used in this article, unless the context otherwise requires:

(1) Alien means a decedent who, at the time of the decedent's death, was not domiciled in Colorado or any other state of the United States and was not a citizen of the United States.

(2) Colorado return means the Colorado estate tax return with respect to the credit allowable under section 2011 of the internal revenue code and the Colorado generation-skipping transfer tax return with respect to the credit allowable under section 2604 of the internal revenue code.

(3) Decedent means a deceased natural person.

(4) Department means the department of revenue.

(4.5) Repealed.

(5) Domiciliary means a decedent who was domiciled in Colorado at the time of such decedent's death.

(5.5) Federal additional estate tax return means any federal estate tax return designated for reporting the recapture of estate tax under section 2032A of the internal revenue code, the additional estate tax imposed for failure to materially participate in a business, dispositions of interests, or other noncompliance under section 2057 of the internal revenue code, and the additional estate tax imposed for failure to implement the agreement under section 2031 of the internal revenue code.

(6) Federal credit means the maximum amount of the credit for state death taxes allowable under section 2011 of the internal revenue code or, in the case of an alien, under section 2102 of the internal revenue code.

(7) Federal return means the federal estate tax return with respect to the credit allowable under section 2011 of the internal revenue code and the federal generation-skipping transfer tax return with respect to the credit allowable under section 2604 of the internal revenue code.

(8) Generation-skipping transfer means every transfer for which a credit for state taxes is allowable under section 2604 of the internal revenue code.

(9) Gross estate means gross estate as defined in section 2031 of the internal revenue code or, in the case of an alien, in section 2103 of the internal revenue code.

(9.5) Internal revenue code means the Internal Revenue Code of 1986, as amended, and any regulations thereunder. The change of references in this article from the Internal Revenue Code of 1954 to the Internal Revenue Code of 1986 shall not affect any act done or any right accrued or accruing before or after such change, but all rights and liabilities shall continue and may be enforced in the same manner as if such references had not been changed.

(10) Nondomiciliary means a decedent, other than an alien decedent, who was not domiciled in Colorado at the time of such decedent's death.

(11) Other state means any of the fifty states in the United States (other than Colorado), the District of Columbia, or any possession or territory of the United States.

(12) Person includes any natural person, corporation, association, limited liability company, partnership, joint venture, syndicate, estate, trust, or other entity under which business or other activities may be conducted.

(13) Personal representative means the personal representative of a decedent's estate, as defined by the Colorado Probate Code, articles 10 to 17 of title 15, C.R.S., or, if there is no personal representative appointed, qualified, and acting within this state, any person in actual or constructive possession of any property of the decedent within the meaning of section 2203 of the internal revenue code.

(13.3) Person required to file means any person, including a personal representative, qualified heir, distributee, or trustee required or permitted to file a federal return or a Colorado return pursuant to the provisions of the internal revenue code or this article.

(13.6) Qualified heir means a qualified heir as defined in section 2032A

(e)(1) of the internal revenue code or as defined in section 2057 (i)(1) of the internal revenue code if the family-owned business deduction provisions of the internal revenue code are applicable.

(14) to (16) Repealed.

(17) Transfer means a transfer within the meaning of section 2001 of the internal revenue code.

(17.5) Repealed.

(17.7) Unified credit means the credit against federal estate tax under sections 2010 and 2102 (c)(1) of the internal revenue code.

(18) Except as provided in section 39-23.5-108 (5)(c)(I), value means gross value as finally determined for purposes of the federal estate tax or generation-skipping transfer tax.