Omar Bennett
In Colorado, an individual's primary residence is defined as their principal or primary home or place of abode, where their habitation is fixed and to which they intend to return after any period of absence. This definition includes a range of living situations, such as a house, condominium, apartment, room in a house, or mobile home, or even a recreational vehicle with sleeping and cooking accommodations. To establish Colorado residency, individuals must demonstrate their intention to make Colorado their permanent home through various actions and legal ties, such as obtaining a Colorado driver's license, registering to vote, paying state income taxes, and more. The specific criteria for determining primary residence can vary depending on the context, such as taxation, voter registration, or education, and it's important to refer to the relevant Colorado laws and guidelines for each situation.
| Characteristics | Values |
|---|---|
| Residence | A permanent building or part of a building, including a house, condominium, apartment, room in a house, or mobile home. |
| Domicile | A person's true, fixed, and permanent home and place of habitation, where the individual intends to remain and to which they intend to return when they leave. |
| Factors Determining Domicile | Business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse, or civil union partner, and children, if any, leaseholds, situs of personal and real property, existence of any other residences and the amount of time spent at each residence, and motor vehicle registration. |
| Evidence of Domicile | Colorado driver's license, Colorado voter registration, Colorado vehicle registration, Colorado income tax payment, graduation from a Colorado high school, continued residence in Colorado during periods when not enrolled as a student or between academic sessions, employment in Colorado, and acceptance of future permanent employment in Colorado. |
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What You'll Learn
Primary place of abode
The primary place of abode or residence of an individual in Colorado is the principal or primary home in which a person's habitation is fixed. This means that the individual has the intention to return to the residence after any departure or absence, regardless of the duration of the absence.
A primary place of abode is a permanent building or part of a building, including a house, condominium, apartment, room in a house, or mobile home. No vacant lot or business address shall be considered a primary place of abode. A recreational vehicle with sleeping and cooking accommodations can also constitute a permanent place of abode.
An individual's primary place of abode is determined by several factors, including business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse, or civil union partner, and children, if any. Other factors include leaseholds, the situs of personal and real property, the existence of any other residences, and the amount of time spent at each residence.
For individuals who are not citizens of the United States but are permanent resident aliens, they may establish a domicile in Colorado. A person on a temporary visa is not considered a domiciliary but may be considered a resident under the six-month rule.
To establish domicile in Colorado, an individual must reside in Colorado with the present intention to reside permanently in the state. This includes taking actions that are normally expected of, or characteristic of, any permanent resident. Examples of evidence of Colorado domicile include obtaining a Colorado driver's license, Colorado voter registration, Colorado vehicle registration, and property ownership.
It is important to note that no single factor or combination of factors may be considered conclusive evidence of domicile. The determination of an individual's primary place of abode is based on a comprehensive assessment of the relevant circumstances and factors.
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Intent to remain
In Colorado, a person's residence is their principal or primary home or place of abode. This is defined as a permanent building or part of a building, including a house, condominium, apartment, room in a house, or mobile home. A vacant lot or business address does not count as a residence.
To be considered a resident of Colorado, an individual must demonstrate their intention to remain in the state. This is distinct from a temporary home or residence, where an individual might live for months or years while on a temporary work assignment or to attend school, but maintains a domicile in another state.
The primary factor in determining domicile is the person's intent, as shown by objective facts. Evidence of intent to remain in Colorado includes:
- Payment of Colorado income tax.
- Obtaining a Colorado driver's license or state ID within 120 days of moving to the state.
- Registering to vote in Colorado.
- Registering a vehicle in Colorado within 180 days of moving to the state.
- Graduating from a Colorado high school.
- Maintaining a residence in Colorado during periods when not enrolled as a student or during periods between academic sessions.
- Employment in Colorado, excluding temporary employment.
- Acceptance of future permanent employment in Colorado.
- Ownership of residential real property in Colorado.
- Any other factor that indicates the individual's intent to make Colorado their permanent home.
It is important to note that no single factor or combination of factors is considered conclusive evidence of domicile. Individuals on temporary visas or temporary work assignments in Colorado, for example, may meet some of the above criteria without establishing domicile in the state.
Additionally, a person who is not a citizen of the United States but is a permanent resident alien may establish a domicile in Colorado. A person on a temporary visa is not considered a domiciliary but may be considered a resident under the six-month rule for income tax purposes.
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Permanent building
According to Colorado law, a residence is a permanent building or part of a building. This includes a house, condominium, apartment, room in a house, or mobile home. No vacant lot or business address shall be considered a residence.
A permanent place of abode is defined as a person's true, fixed, and permanent home and place of habitation, where the individual intends to remain and to which they plan to return when they leave. This definition includes both physical presence and evidence of intent to stay.
To establish domicile in Colorado, an individual must be physically present in the state and have no intention of returning to their former state of residence. They must also take appropriate action on all factors relevant to their circumstances, such as obtaining a Colorado driver's license, registering to vote in Colorado, and registering their vehicle in Colorado.
The amount of time spent in one place is not always the determining factor between a temporary home and domicile. A person's intent, as shown by objective facts, is the primary factor used to determine domicile. For example, an individual can be on a temporary work assignment in Colorado and maintain a domicile in another state, even if they remain in Colorado when not working. However, if that same employee pays for their apartment in Colorado and remains in the state when not working, their apartment is considered a permanent place of abode.
In addition to the factors mentioned above, the following circumstances are also considered when determining a person's primary place of abode: business pursuits, employment, income sources, age, marital status, residence of spouse or civil union partner, leaseholds, the existence of other residences, and the amount of time spent at each residence.
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Temporary residence
In Colorado, a person's residence is their principal or primary home or place of abode. This is defined as a permanent building or part of a building, including a house, condominium, apartment, room in a house, or mobile home. A vacant lot or business address does not count as a residence.
A temporary residence in Colorado can be established if an individual is on a temporary work assignment in the state. For example, if an employer pays for an employee's apartment while they are on a temporary assignment in Colorado, this does not constitute a permanent place of abode. However, if the employee pays for the apartment themselves and remains in Colorado when not working, then it is considered their permanent place of abode.
The amount of time spent in one place does not always determine the difference between a temporary home and a domicile. A person may live in a temporary home for months or years while maintaining their domicile in another state. The primary factor in determining domicile is the person's intent, as shown by objective facts. For example, a person who has a house in Colorado and another in Arizona and seasonally moves between the two may be considered a domiciliary of both states for different parts of a tax year if they treat both homes as their primary place of abode for that season.
To establish domicile in Colorado, an individual must reside in the state with the present intention to reside permanently. This includes taking actions that would normally be expected of a permanent resident. Evidence of Colorado domicile includes obtaining a Colorado driver's license or state ID within 120 days of moving, registering to vote in Colorado, registering a vehicle in Colorado within 180 days of moving, graduating from a Colorado high school, continuing to reside in Colorado during periods when not enrolled as a student, gaining employment in Colorado, and accepting future permanent employment in the state.
It is important to note that no single factor or combination of factors may be considered conclusive evidence of domicile. Individuals who are in Colorado on a temporary basis, such as for completing a degree, cannot establish domicile by taking these actions alone. Additionally, a person on a temporary visa is not considered a domiciliary but may be considered a resident under the six-month rule.
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Domicile eligibility
To be eligible for domicile status in Colorado, an individual must be physically present in the state and not intend to return to their former state of domicile or acquire a new domicile elsewhere. They must also have the present intention to reside permanently in the state, and this intention must be supported by actions that would be expected of a permanent resident.
Evidence of domicile in Colorado includes:
- Payment of Colorado income tax
- Obtaining a Colorado driver's license or state ID within 120 days of moving
- Registering to vote in Colorado
- Registering a vehicle in Colorado within 180 days of moving
- Graduating from a Colorado high school
- Maintaining residence in Colorado during periods when not enrolled as a student or between academic sessions
- Employment in Colorado, excluding temporary student employment
- Acceptance of future permanent employment in Colorado
- Owning residential real property in Colorado that is the individual's primary residence
It is important to note that no single factor or combination of factors is considered conclusive evidence of domicile. Additionally, individuals on a temporary visa or temporary work assignment in Colorado are generally not considered domiciliaries, even if they maintain a permanent place of abode in the state.
To qualify for resident status for tuition purposes at a Colorado educational institution, an individual must have been domiciled in the state for at least 12 consecutive months immediately preceding the beginning of the semester for which resident status is sought.
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Frequently asked questions
A primary residence is an individual's principal home or place of abode. It is a permanent building where a person's habitation is fixed, and they intend to return after an absence.
An individual is considered a primary resident of Colorado if they have a permanent place of abode in the state and live there for more than six months in a tax year.
To establish domicile in Colorado, an individual must be physically present in the state and have the intention to remain and return. They must also take actions characteristic of a permanent resident, such as obtaining a Colorado driver's license, registering to vote, and paying state income tax.
If an individual is on a temporary work assignment in Colorado and their employer provides accommodation, this does not constitute a permanent place of abode. However, if the individual pays for their accommodation and remains in Colorado when not working, they can establish a primary residence.
