Oct 02

Pending Court Cases Ask The Question: What’s The Difference Between A Tax And A Fee

Pending Court Cases Ask The Question: What’s The Difference Between A Tax And A Fee

By Angie Haflich Sep 20, 2017

What’s the difference between a tax and a fee?

As The Denver Post reports, that’s the question being asked in three major court cases in Colorado.

In one case, a small business coalition is arguing that the Secretary of State’s office has been illegally using business filing fees to cover the cost of a myriad of government services that are completely unrelated to those fees.

A more significant case involves the TABOR Foundation’s challenge of the constitutionality of a $264 million hospital fee that is matched by the federal government for uncompensated medical care.

The other case involves a 20-cent surcharge on grocery bags.

Colorado’s Taxpayer Bill of Rights, or TABOR, requires voter approval to raise taxes but since it was passed in 1992, lawmakers have turned to fees to fund some services because fees don’t require voter approval.

The outcome of the cases could result in a change that would require voter approval for fees, as well.

 

http://hppr.org/post/pending-court-cases-ask-question-whats-difference-between-tax-and-fee

Oct 02

Taxpayers Have Their Own Bill of Rights in Colorado. But Who Benefits?

Taxpayers Have Their Own Bill of Rights in Colorado. But Who Benefits?

The unique anti-tax tool has defined spending in the state, and it may spread to more states.
BY  OCTOBER 2017

Anti-tax advocate Douglas Bruce led the TABOR effort in 1992. “No one has had the impact on Colorado politics” that he has, according to one academic in the state. (AP Photo/Ed Andrieski)

The blue tag on the streetlight outside Robert Loevy’s Colorado Springs home in 2010 didn’t signal an upcoming utility project. It was a receipt to show he had paid the $100 to keep his light on for the year. The city was facing a decimating $40 million budget gap and, among many other cuts, it was turning off one-third of its streetlights. That is, unless residents could come up with the money themselves. “I could afford to pay it,” Loevy says today, “but I have to think that would have been a stretch for many lower-income people.”

Loevy, a retired Colorado College professor, says the lights-out incident — which earned Colorado Springs international infamy that year — is just one of the many instances in which Colorado’s Taxpayer Bill of Rights (TABOR) has only benefited those taxpayers who can afford to pay for services out of their own pocket. Loevy has been a vocal critic of the law. As he sees it, “TABOR has had its worst effects on poor people.”

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