Updated October 5, 2026. Quick answer: No. Colorado has no gift tax for a gift made in 2026. The Colorado Revised Statutes show Title 39, Article 25, Gift Tax, sections 39-25-101 to 39-25-120, as repealed, with the source note “Entire article repealed, p. 2003, § 69, effective May 22”. The federal annual exclusion is $19,000 per recipient for 2026.
Putting a loan in writing? The interest limit, the signing rules and the time limit to sue, from the state’s own statutes: Colorado promissory note.
Colorado gift tax at a glance
| Item | What the documents say |
|---|---|
| State gift tax | None |
| What the documents say | Colorado Revised Statutes Title 39, Article 25 (Gift Tax) was repealed in 2003 |
| State estate or inheritance tax | None collected: no Colorado estate tax filing is required for estates of individuals who die after December 31, 2004 |
| Federal annual exclusion, 2026 | $19,000 per recipient |
| Federal basic exclusion amount, 2026 | $15,000,000 |
| Source | Colorado Office of Legislative Legal Services; Colorado Legislative Council Staff; IRS Revenue Procedure 2025-32 |
What the Colorado documents say
The Office of Legislative Legal Services’ printout of the 2024 statutes lists the article as “ARTICLE 25 Gift Tax 39-25-101 to 39-25-120. (Repealed)”.
Estates, inheritances and gifts near death in Colorado
The Legislative Council Staff memo explains Colorado’s death taxes: “the state legislature replaced the inheritance tax with an estate tax” in 1980, and “Under current law, no Colorado estate tax filing is required for estates” of individuals who die after December 31, 2004.
What applies to a gift from a Colorado resident
Federal gift tax is separate and applies wherever you live. The IRS says gifts “not more than the annual exclusion for the calendar year” are generally not taxable gifts, and Revenue Procedure 2025-32 sets the 2026 annual exclusion at “the first $19,000 of gifts to any person”. The same procedure puts the basic exclusion amount at “$15,000,000 for calendar year 2026”. The IRS adds that “The donor is generally responsible for paying the gift tax”.
An illustration: a $50,000 gift to one child in 2026 is $31,000 above the federal annual exclusion, and Colorado adds no gift tax of its own on top of that. CMG’s gift tax limit and Form 709 who must file pages explain the federal side, and how Colorado taxes 401(k) and IRA withdrawals covers a gift of retirement money.
What the documents do not say
- The Legislative Council Staff memo describes gift taxes only in general terms; the repeal rests on the statutes’ own listing of the Gift Tax article as repealed.
Common mistakes
- Assuming the 2003 repeal and the end of the estate tax filing requirement mean Colorado has no rules left on its books; the statute headings remain, but marked repealed.
- Assuming the state answer settles the federal one, or the answer for a gift of property located in another state.
Related: the federal gift tax limit, gift tax by state, Colorado estate tax, and Colorado probate cost.
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Answer againSources
- Colorado Revised Statutes 2024, Title 39 Taxation (Article 25 Gift Tax): https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-39.pdf
- Estate Tax (Colorado Online Tax Handbook): https://content.leg.colorado.gov/agencies/legislative-council-staff/estate-tax
- Revenue Procedure 2025-32 (Internal Revenue Service): https://www.irs.gov/pub/irs-drop/rp-25-32.pdf
- Frequently asked questions on gift taxes (Internal Revenue Service): https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes
Sources: the primary documents linked above, read on October 5, 2026. General information, not tax advice. Your own facts decide the outcome, and a tax professional or the state agency itself is the right place to confirm anything consequential.