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DR 1083 (10/17/13)
COLORADO DEPARTMENT OF REVENUE *141083==19999*
Denver, CO 80261-0005
www. TaxColorado.com

Information with Respect to a Conveyance
of a Colorado Real Property Interest
1. Transferor's Last Name First Name Middle Initial

Address City State Zip

Spouse's Last Name (if applicable) First Name Middle Initial

Address City State Zip

2. Transferor is (check one): If other, please specify:
Individual Estate Corporation Trust Other (specify)
3. SSN Colorado Account Number 4. FEIN

5. Type of property sold 6.Date of closing (MM/DD/YY)

7. Address or legal description of property sold City State Zip

8. Selling price of the property $

9. Selling price of this transferor's interest $

10. If Colorado tax was withheld, check this box

11. Amount of tax withheld $
12. If withholding is not made, give reason (check one):

a. Affirmation of Colorado residency signed

b. Affirmation of permanent place of business signed

c. Affirmation of principal residence signed

d. Affirmation of partnership signed

e. Affirmation of no tax reasonably estimated to be due to no gain on sale signed

f. No net proceeds
13. Title Insurance Company Phone Number
( )
Address City State Zip

File this form together with DR 1079, if applicable, within 30 days of the closing date with the
Colorado Department of Revenue
Denver, CO 80261-0005

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                                                                                *141083==29999*

                                              Affirmation of Colorado Residency

I (we) hereby affirm that I am (we are) the transferor(s) or the fiduciary of the transferor of the property described on this 
DR 1083 and that as of the date of closing I am (we are) or the estate or the trust is a resident of the State of Colorado. 
Signed under the penalty of perjury
Signature of transferor or fiduciary                                               Date (MM/DD/YY)

Spouse's signature (if applicable)                                                 Date (MM/DD/YY)

                                     Affirmation of Permanent Place of Business
I hereby affirm that the transferor of the property described on this DR 1083 is a corporation which maintains a 
permanent place of business in Colorado. 
Signed under the penalty of perjury. 
Signature of corporate officer                                                     Date (MM/DD/YY)

                                              Affirmation of Sale by Partnership
I hereby affirm that the transfer of property described on this DR 1083 was sold by an organization defined as a 
partnership under section 761(a) of the Internal Revenue Code and required to file an annual federal partnership return 
of income under section 6031(a) of the Internal Revenue Code.
Signed under the penalty of perjury. 
Signature of general partner                                                       Date (MM/DD/YY)

                                              Affirmation of Principal Residence
I hereby affirm that I am (we are) the transferor(s) of the property described on this DR 1083 and immediately prior to the 
transfer it was my (our) principal residence which could qualify for the exclusion of gain provision of section 121 of the 
Internal Revenue Code. 
Signed under the penalty of perjury. 
Signature of transferor                                                            Date (MM/DD/YY)

Spouse's signature if applicable                                                   Date (MM/DD/YY)

                               Affirmation of No Reasonably Estimated Tax to be Due
I hereby affirm that I am (we are) the transferor(s) or an officer of the corporate-transferor or a fiduciary of the estate 
or trust-transferor of the property described on the front side of this form, and I (we) further affirm that there will be no 
Colorado income tax reasonably estimated to be due on the part of the transferor(s) as a result of any gain realized on 
the transfer.
Please understand before you sign this affirmation that nonresidents of Colorado are subject to Colorado tax  
on gains from the sale of Colorado real estate to the extent such gains are included in federal taxable income. 
Signed under the penalty of perjury.
Signature of transferor, officer or fiduciary                                      Date (MM/DD/YY)

Spouse's signature if applicable                                                   Date (MM/DD/YY)

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                                   Instructions for DR 1083

In general. With certain exceptions, sales of Colorado real   or
property valued of $100,000 of more, and are made by                the transferor is a corporation incorporated under  
nonresidents of Colorado, are subject to a withholding tax         Colorado law or currently registered with the 
in anticipation of the Colorado income tax that will be due        Secretary of State's Office as authorized to transact  
on the gain from the sale.                                         business in Colorado;
A transferor who is an individual, estate, or trust will be   or
subject to the withholding tax if either the federal Form             the title insurance company or the person providing  
1099-S to be filed with the Internal Revenue Service                the closing and settlement services,  in good faith,  
to report the transaction or the authorization for the              relies upon a written affirmation executed by the  
disbursement of the funds resulting from the transaction            transferor, certifying under the penalty of perjury  
shows a non-Colorado address for the transferor.                      one of the following:
A corporate transferor will be subject to the withholding            that the  transferor, if a corporation, has a        
tax if immediately after the transfer of the title to the          permanent place of business in Colorado;
Colorado real property interest, it has no permanent place 
                                                                     that the  transferor is a partnership as defined   
of business in Colorado.  A corporation will be deemed to 
                                                                   in section 761(a) of the Internal Revenue             
have a permanent place of business in Colorado if it is a 
                                                                   Code required to file an annual federal return      
Colorado domestic corporation, if it is qualified by law to 
                                                                   of income under section 6031(a) of the Internal  
transact business in Colorado, or if it maintains and staffs 
                                                                   Revenue Code;
a permanent office in Colorado.
                                                                     that the Colorado real property being conveyed  
Amount of withholding. The withholding shall be made 
                                                                   is the principal residence of the transferor           
by the title insurance company or its authorized agent 
                                                                   which could qualify for the exclusion of gain    
or any attorney, bank, savings and loan association, 
                                                                   provisions of section 121 of the Internal              
savings bank, corporation, partnership, association, joint 
                                                                   Revenue Code;
stock company, trust, unincorporated organization or any 
combination thereof acting separately or in concert that             that the transferor will not owe Colorado            
provides closing and settlement services. The amount               income tax reasonably estimated to be due              
to be withheld shall be the lesser of: (a) two percent of          from the inclusion of the actual gain required    
the selling price of the property interest or, (b) the net          to be recognized on the transaction in the gross  
proceeds that would otherwise be due to the transferor as          income of the transferor.
shown on the settlement statement.                            Normally Colorado tax will be due on any transaction upon 
"Closing and settlement services" means providing             which gain will be recognized for federal income tax purposes. 
services for the benefit of all necessary parties in          Gain  will  normally  be  recognized  for  federal  income  tax 
connection with the sale, leasing, encumbering,               purposes any time the selling price of the property exceeds 
mortgaging, creating a secured interest in and to the real    the total of the taxpayer's adjusted basis in the property, 
property,  and the receipt and disbursement of money in       plus the expenses incurred in the sale of the property. The 
connection with any sale, lease, encumbrance, mortgage,       taxpayer's adjusted basis of the property will normally be 
or deed of trust. [§10-11-102 (3.5), C.R.S.]                  the taxpayer's total investment in the property, minus any 
                                                              depreciation thereon he has previously claimed for federal 
Exceptions to Withholding. Withholding shall not be 
                                                              income tax purposes.
made when:
                                                              Partnership as Transferor. Sales of real property interests 
      the selling price of the property is not more than  
                                                              by  organizations  recognized  as  partnerships  for  federal 
      $100,000;
                                                              income  tax  purposes  and  required  to  file  annual  federal 
or                                                            partnership  returns of income  will  not be subject to the 
     the transferor is an individual, estate, or trust and    Colorado withholding tax. This exception will not apply to 
     both the Form 1099-S and the authorization for           joint ownerships of property which are not recognized as 
     disbursement of funds show a Colorado address for        partnerships for federal income tax purposes. The sale of 
     the transferor;                                          property jointly owned by a husband and wife, for example, 
or                                                            is a sale by two individuals, not a sale by a partnership, and 
     the transferee is a bank or corporate beneficiary        not exempt from withholding tax.
     under a mortgage or beneficiary under deed of trust,  
     and the Colorado real property is acquired in judicial  
     nonjudicial foreclosure or by deed in lieu of  
     foreclosure;

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Completion of DR 1083. DR 1083 must be completed and Line 9. Selling price of the transferor's interest is that part
submitted to the Department of Revenue with respect to of the selling price entered on line 8 apportioned to
sales of Colorado real property if Colorado tax was withheld the ownership interest of the transferor for whom
from the net proceeds from the sale, or if Colorado tax would the DR 1083 is being prepared. For example, if
have been withheld but for the signing of an affirmation by the property was owned 60% by Smith and 40%
the transferor. by Jones and the property was sold for $150,000,
Information. Forms and additional information are available the DR 1083 being prepared for Jones would show
through the Tax Information Index at www.TaxColorado.com $150,000 on line 8 and $60,000 on line 9. Note that
or call (303) 238-SERV (7378) for information. it is the amount on line 8 that determines whether
or not the $100,000 withholding tax threshold is
Line 1. Enter the name and address of the transferor. met, not the amount entered on line 9, but the
In the case of multiple transferors of the same withholding is to be computed on the amount on
real property, a separate DR 1083 must be filed line 9 if it is smaller than the amount on line 8.
for each transferor except that if the transferors
are husband and wife at the time of closing who Line 10 If Colorado tax is withheld on the transaction,
held the property as joint tenants, tenants by the check the box on line 10 and show the amount
entirety, tenants in common, or as community withheld on line 11.
property, and they are both subject to withholding Line 11 If Colorado tax is being withheld on the transfer,
or both exempt from withholding, treat them as the title insurance company or the person providing
a single transferor and list both of their names the closing and settlement services must complete
on line 1. Do not list husband and wife as one DR 1079 which is the form used to transmit the tax
transferor if they do not choose to be listed as withheld to the Colorado Department of Revenue.
one transferor. Use the same address as is used If Colorado tax is not withheld on the transaction,
Line 12.
on the federal FORM 1099-S if one is required to check appropriate box on line 12.
be filed. Otherwise, use the most current address
available. Due date and penalty. The title insurance company or other
person providing the closing and settlement services must
Line 3. If both husband and wife are listed on line 1, show file DR 1083, together with DR 1079 if Colorado tax was
both Social Security Numbers on line 3. withheld on the transfer, with the Colorado Department of
Line 5. Type of property sold would be residential, rental, Revenue within 30 days of the closing date of the transaction.
commercial, unimproved land, farm, etc. Any title insurance company or its authorized agent which is
Line 6. Address or legal description would be the same required to withhold any amount pursuant to §39-22-604.5,
as shown on federal FORM 1099-S. C.R.S. (relating to withholding on transfers of Colorado real
Line 7. Date of closing would be the same as shown on property interests) and fails to do so shall be liable for the
Form 1099-S. greater of five hundred dollars or ten percent of the amount
required to be withheld, not to exceed twenty-five hundred
Line 8. Selling price of the property is the contract sales dollars.
price. Selling price means the sum of:
• the cash paid or to be paid but not including
interest;
• the fair market value of other property
transferred or to be transferred; and
• the outstanding amount of any liability assumed
by the transferee to which the Colorado real
property interest is subject immediately before
and after the transfer.

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