Colorado Shared Earnings Agreement between Fund & Company

State:
Multi-State
Control #:
US-ENTREP-0057-1
Format:
Word; 
Rich Text
Instant download

Description

"A "Shared Earnings Agreement" (SEA) isan arrangement between a business and an investor about an upfront investment in a startup or a small businessthat entitles the investor to a share of the future earnings (hence the name) of the business.
used as a substitute for equity-like structures like a SAFE, convertible note, or equity. It is not debt, doesn't have a fixed repayment schedule, doesn't require a personal guarantee."
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FAQ

A Shared Earnings Agreement establishes alignment between investors and founders without the need for equity, shares, preferred voting rights, or board seats.

The source of income refers to the location where income is earned and not to the location of the payor or to the residency of the taxpayer. § 39-22-109, C.R.S., lists several types of income that are conclusively presumed to be Colorado-source income, but it is not an exclusive list of Colorado-source income.

A Colorado resident is subject to tax by Colorado on his entire income from all sources. Credit for tax paid other states will be allowed with respect to income from sources within such states.

Nonresident Definition However, the person may have temporarily worked in Colorado and/or received income from a source in Colorado. A nonresident is required to file a Colorado income tax return if they: are required to file a federal income tax return, and. had taxable Colorado-sourced income.

An S CORPORATION must file Form 106 for any year it is doing business in Colorado. Doing business in a state is defined as having income arising from the activity of one or more employees located in the state; or arising from the fact that real or personal property is located in the state for business purposes.

A partnership or S corporation may file a composite income tax return for its nonresident partners or shareholders, as a simplified way of paying the income tax owed by those partners or shareholders.

Colorado Income Tax PERA can withhold Colorado state income tax if requested. PERA does not withhold taxes for any other state. Colorado law excludes from Colorado state income tax total pension income up to $20,000 per year per person for those retirees age 55 through 64, or $24,000 for those retirees age 65 and over.

39-22-301(1) Rule 39-22-301(1) - Doing Business in Colorado (1) A corporation is doing business in Colorado for income tax purposes whenever the minimum standards of Public Law 86-272(15 U.S.C. 381) are exceeded, and it has substantial nexus with this state as further provided in this rule.

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Colorado Shared Earnings Agreement between Fund & Company