Category Archives: Taxes

Nov 26

PLF opposes illegal taxes in Colorado

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PLF opposes illegal taxes in Colorado

The Colorado Secretary of State has been illegally charging businesses millions of dollars in unnecessary filing fees every year. Rather than refund those excess fees, the secretary funneled the money into his general budget, converting the fees into general tax revenue in violation of the state’s Taxpayer’s Bill of Rights. The National Federation of Independent Business sued to stop the unconstitutional fees, and the case is now before the Colorado Supreme Court.

PLF partnered with three other liberty organizations in this friend of the court brief, making two important arguments:

  • First, PLF urged the Colorado Supreme Court to do away with the “beyond a reasonable doubt” standard for unconstitutional laws, because it neuters the court’s ability to strike down unconstitutional laws and allows many unconstitutional laws to remain on the books.
  • Second, PLF argued that the amount of a fee cannot exceed the cost of providing the service or regulation funded by the charge. Here, 90% of the business “fees” fund services and regulations totally unrelated to businesses.

Weekly litigation report: Private property rights and illegal taxation

Nov 09

A sit-down with Jared Polis day after winning Colorado governor’s race

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INTERVIEW: Jared Polis on energy, death penalty, TABOR and more

Author: Next with Kyle Clark, 9News – November 9, 2018 –

Colorado Gov.-elect Jared Polis is interviewed Nov. 7 on “Next with Kyle Clark.” (KUSA-9News, Denver)

Shortly after he was elected governor of Colorado, Jared Polis sat down with 9News anchor Kyle Clark to discuss his historic victory and his plans.

During a 10-minute conversation, which aired Nov. 7 on 9News’ “Next with Kyle Clark,” the Democrat weighed in on oil and gas regulation, the death penalty, TABOR and taxes, and on being America’s first openly gay candidate to be elected governor.

Here’s a transcript of Clark’s interview with Polis. And watch the full interview below.

Kyle Clark: Governor Elect Jared Polis, congratulations. Welcome back to “Next.”

Jared Polis: Thank you, Kyle. Pleasure to be here.


Clark: Colorado voters gave Democrats sweeping control of state government last night, yet they also rejected two statewide tax increases and rejected increased restrictions on oil and gas drilling. What’s your takeaway from all that together? Continue reading →

Oct 22

Ballot initiative seeks to increase taxes by $1.6 billion

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Admin’s note: Vote NO on 73. It’s not “for the kids” as supporters of this TAX INCREASE say. This ballot question is a liberals spending dream and an end run around TABOR. Education already gets a funding increase every year since Amendment 23 passed in 2000. It’s too bad that student’s achievement results didn’t rise. More money does not equal better outcomes. TABOR will survive this misguided attempt.

Ballot initiative seeks to increase taxes by $1.6 billion; could end Colorado’s Taxpayer Bill of Rights

A controversial ballot initiative would raise taxes on Coloradans by $1.6 billion to increase funding for public schools if approved. Opponents argue it also would make the constitutionally protected Taxpayer Bill of Rights (TABOR) impotent.

Amendment 73, the Establish Income Tax Brackets and Raise Taxes for Education Initiative, seeks to amend the state constitution to replace Colorado’s flat rate income tax with a progressive income tax. Individuals earning more than $150,000 would be taxed more and the corporate income tax rate would increase. The revenue collected from the tax hikes would go into a newly created Quality Public Education Fund.

The state constitution requires a 55 percent supermajority vote for the initiative to become law.

“‘Take your success elsewhere’ should be the signs erected if Colorado approves Amendment 73,” Penn Pfiffner, former state legislator and chairman of the board of the TABOR Foundation, told Watchdog.org. “The Taxpayer’s Bill of Rights properly treats everyone equally, requiring the same income tax rate be applied to everyone. Currently, if you make more money, you pay more, but only at the rate that everyone else pays. This proposal would change that, bringing an attitude that the upper middle class and wealthy should be attacked and made to pay increasing amounts. It is the worst concept in raising taxes.”

A group of opponents of the measure launched a “Blank Check. Blatant Deception. Vote No on 73,” campaign, arguing the ballot language is deceptive. It tried to have the question removed after the required deadline and Colorado’s secretary of state rejected its complaint. Continue reading →

Oct 19

Beware the seven county-wide property tax hike, Question 7G

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Beware the seven county-wide property tax hike, Question 7G

October 19, 2018

By Karl Honegger

Almost 60% of Colorado’s population, roughly 2.8 million people, live within the seven county Urban Drainage and Flood Control District (UDFCD). If you are a voter within this district, you will see question 7G on your ballot, the first question ever referred by the district since its creation in 1969.  The ballot language asks voters to approve a $14.9 million property tax increase, and to exempt that new money from the revenue limits in the Taxpayer’s Bill of Rights (TABOR).  They deceptively claim this really isn’t a tax increase, but rather just a full restoration of their taxing authority.

If you are like me and want your community protected from flooding, and also love spending time near your local pond or stream, then why would you want to vote against such a proposal?

The answer has to do with two things, common sense and government entitlement.

Any voter with common sense would want to find out how the money is to be spent and what kind of oversight mechanisms are in place. Unfortunately, the Flood District has never held an election that allows citizens to choose their board of directors. Instead, 20 of the 22 directors of the District are politicians appointed by local city councils or county commissioners. For example, the Mayor of Broomfield was appointed to the board by Broomfield City Council.  These politicians then appoint two professional engineers to serve with the Board Continue reading →

Sep 21

Most Coloradans aren’t getting a TABOR tax refund – for now – according to latest revenue forecast

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Most Coloradans aren’t getting a TABOR tax refund – for now – according to latest revenue forecast

The state collected $37.5 million more than it’s allowed under TABOR

By  | astaver@denverpost.com | The Denver Post
PUBLISHED:  | UPDATED: 

Most Coloradans won’t get a TABOR tax refund next spring even though the state collected millions more dollars than it’s allowed to keep, according to the quarterly revenue forecast presented to lawmakers Thursday.

The Taxpayer Bill of Rights, or TABOR, limits how much money Colorado can collect from residents each year. Whatever comes in above the limit has to go back to the people. And for the fiscal year that ended in June, that’s a total of about $37 million.

However, a 2017 law requires the first refunds go to the state-administered senior homestead exemption and disabled veterans property tax exemption before they go to everyone else.

Exceeding the TABOR limit is a sign of the Colorado economy’s continued growth — even beyond the expectations of just a few months ago. In the last quarterly report, in June, state forecasters thought revenue would come in under the TABOR cap by $93 million.

To read the rest of this story, click (HERE):

Sep 13

Little-known flood-control district asks Denver metro voters for first tax hike

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Little-known flood-control district asks Denver metro voters for first tax hike

Urban Drainage and Flood Control District proposes tax-restoration measure on Nov. 6 ballot

Andy Cross, The Denver Post

Greenway Foundation educator Kate Ronan, right, checks Annalena Tylicki’s net for bugs and other living creatures she collected in the South Platte River during a SPREE day camp at the restored Johnson-Habitat Park on June 9, 2015. The restoration, which included improvements to reduce flood risk, was paid for partly by the Urban Drainage and Flood Control District.

By JON MURRAY | jmurray@denverpost.com | The Denver Post

September 13, 2018 at 6:00 am

 

In an election season full of proposed tax hikes, one of the less familiar ballot measures facing voters across the Denver metro area this fall comes from a regional district that aids dozens of cities and counties in flood control.

The little-known Urban Drainage and Flood Control District hasn’t asked for an increase in its property tax since its formation nearly five decades ago. That means it has actually lost ground, with its tax rate falling by 44 percent since the early 1990s under revenue growth limits in the voter-passed Taxpayer’s Bill of Rights.

On the Nov. 6 ballot, the district’s Ballot Issue 7G asks voters across its jurisdiction for permission to restore its full taxing authority, as many cities, counties and other special districts have done. The district covers 1,600 square miles across Denver and all or part of Boulder, Broomfield, Jefferson, Adams, Arapahoe and Douglas counties.

Next year, a partial increase is expected to generate $14.9 million. Further increases within the restored limit would be left up to the district’s board, made up of elected officials from around the region, the UDFCD says.

Once that happens, the full tax increase would raise an estimated $24 million a year, doubling the current funding level for projects and programs. The hit for the owner of a $400,000 home would be an extra $13 a year.

The flood-control district faces no organized opposition to its proposed tax increase, but it does face a big challenge: Most voters don’t know what the district is or what it does.

To read the rest of this Denver Post story, click (HERE):

 

Sep 05

Amendment 73 property tax changes detrimental to non-school district taxing authorities

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Miller: Amendment 73 property tax changes detrimental to non-school district taxing authorities

 By 

There would be four additional income tax brackets on top of the current 4.63 percent single rate for individual filers, with a top rate of 8.25 percent, along with a 30 percent increase in the corporate income tax.

To stabilize school district property tax revenues, the writers of the amendment went into the property tax laws and did some embellishing there, too. They should have stopped with the income tax.

The Gallagher Amendment, passed in 1982, is the foundation of our property tax system. Gallagher specifies that 45 percent of all property taxes paid statewide are paid on residential properties and that 55 percent are paid on nonresidential properties. That 45:55 proportion is the “Gallagher ratio”.

Continue reading →

Aug 30

Nonprofit leaders back TABOR ballot issue

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Nonprofit leaders back TABOR ballot issue

County would reap benefits, they say

  • GABRIELLE PORTER
Nonprofit leaders back TABOR ballot issue

Carol Skubic, secretary and treasure, left, and Sharon Raggio, CEO of Mind Springs Health and West Springs Hospital, right, answer questions about the county’s proposed TABOR exemption outside the West Springs Hospital on Tuesday.

Chancey Bush

A ballot measure that would allow Mesa County to accept state grants as a revenue stream outside strict governmental growth limits could open potential funding sources for local projects, ranging from a psychiatric hospital facility to a new space for a nonprofit that services developmentally disabled adults, advocates said at a Tuesday press conference.

Leaders of Mind Springs Health, the Grand Junction Area Chamber of Commerce and other local organizations called the event Tuesday morning, the day after the Mesa County Commission voted to place Issue 1A on the November ballot.

The ballot issue involves Mesa County’s relationship with the Taxpayer’s Bill of Rights, which limits governmental income, including grants, unless an exception is made. Mesa County voters in November will decide whether the county can permanently make that exception for state grants, which are often applied for by nonprofits using the county government as a pass-through agency.

The still-under-construction Mind Springs Health psychiatric hospital project became a case study on the legal tangle last year when the county decided not to apply for a $5 million grant that could have made a major dent in the group’s fundraising goals in anticipation of going over TABOR limits.

“Had we been able to partner with the county as well as other communities in being able to secure some TABOR funds, that would have really put us over the top (of fundraising efforts),” said Mind Springs President and CEO Sharon Raggio at the event outside the facility.

HopeWest President and CEO Christy Whitney said she hopes voters will agree.

“There’s a lot of state money available to make some amazing things happen in Mesa County, but we have just fundamentally not been able to access it because of the really outdated view of the TABOR law,” Whitney said.

Diane Schwenke, president and CEO of the Grand Junction Area Chamber of Commerce, said both her organization and the Grand Junction Economic Partnership are behind the measure, in part because they believe that local nonprofits provide important services that serve the workforce, that the ballot measure is in “the spirit”of TABOR, and that state grants are partially funded by severance taxes that local businesses pay.

“It’s only right that those dollars can come back and help the nonprofits that are doing the good work,” Schwenke said.

http://www.gjsentinel.com/news/western_colorado/nonprofit-leaders-back-tabor-ballot-issue/article_ca9261ce-ab50-11e8-9dbe-10604b9f7e7c.html

Aug 30

Arvada, Lakewood each put spending measures on November ballot that avoid tax increases

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Arvada, Lakewood each put spending measures on November ballot that avoid tax increases

Measures would fund transportation improvements, open space purchases

By JOHN AGUILAR | jaguilar@denverpost.com | The Denver Post

PUBLISHED: August 28, 2018 at 6:11 pm |

Suburban voters west of Denver will weigh in on more than $100 million in municipal spending proposals on this fall’s ballot, with Arvada residents set to vote on two major road projects and residents in Lakewood ready to decide whether the city can hang on to extra revenues to fix roads, buy open space property and purchase law enforcement equipment.

Each ballot measure was sent to the Nov. 6 ballot Monday night by a vote of the city council in its community. Neither would raise taxes.

Lakewood’s measure asks voters if the city can retain and spend $12.5 million in revenues it collected in 2017 that exceed what the Taxpayer Bill of Rights, or TABOR, permits governments in Colorado to keep. The measure also asks if the city can do the same with any excess money it collects through fiscal year 2025. Continue reading →

Aug 30

Candidates traveled different paths to Treasurer’s office race

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Candidates traveled different paths to Treasurer’s office race

 By 

As a member of the Joint Budget Committee for the past four years, retired math teacher and term-limited State Representative Dave Young has had a front row seat to how every department of the state functions.

As a self-made entrepreneur and CEO of an investment firm, Brian Watson has spent most of his career managing other people’s money.

Despite two very different paths to the Colorado Treasurer’s office, both men believe they have the skills necessary to do the job.

As different as their experience is, what they’ll do when they get there is equally different, in everything from the role the Treasurer should play on the Public Employees Retirement Association (PERA) board, state policy formation, and the Taxpayer’s Bill of Rights (TABOR).

“The Treasurer sits on several boards, the big one being the PERA board,” said Young, the Democrat nominee. “Having sat on the joint budget committee, I see the financial crisis the state is in. We a have a deep hole in every aspect of our budget, and it’s because we have the most restrictive tax and expenditure provision in our constitution of any state in the union. The collision of TABOR and Gallagher — they are working against us.”

The Gallagher Amendment is a provision in the Colorado Constitution passed by voters in 1982 that made major changes to property tax assessments in Colorado, including lowering the tax burden immediately on certain types of property and exempting certain property (such as household furnishings, non-business personal items, business inventory, livestock, and farm or ranch equipment, to name a few). Most importantly, perhaps, is Gallagher limits how fast the assessed value can grow on residences. Because residential property value has grown much faster than commercial property, residential assessment rates have dropped from 21 percent in 1982 to 7.20 percent today.  Over the same time period, however, inflation adjusted property tax revenues have risen from $1.35 billion in 1982 to nearly $9 billion in 2017.

TABOR is another amendment to the Colorado Constitution. It was passed by voters in 1992. It limits the growth of government to the annual inflation rate and population change. It requires government entities to take all new debt and tax increases to voters.

“I will use my business experience to help the legislature be a positive force in addressing the budget issues the state has,” said the Republican nominee Watson about working under Gallagher/TABOR restrictions. “I will meet with them as well and work with them.  I think the people of Colorado have made clear their priorities.”

Continue reading →