May 4, 2023

Newly Enacted Colorado Law Expands Employer Notification Obligations

Signed into law March 31, 2023, Colorado’s HB23-1006 (Employer Notice of Income Tax Credits) requires an employer to provide written notice of the availability of federal and state earned income tax credits and federal and state child tax credits at least once annually.  

Employers may send the written notice to employees electronically, including via email or text message. The written notice must be in English and any other language the employer uses to communicate with employees and must include any additional content the state’s Department of Revenue may prescribe through its rulemaking processes.  

Current Colorado law requires an employer to provide its employees with an annual statement showing the total compensation paid and the income tax withheld for the preceding calendar year. Notice of federal and state earned income tax credits and child tax credits must be provided in addition to the required annual statement.