Category Archives: Common Sense Institute

Nov 25

Perspective: Taxes — by another name

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Perspective: Taxes — by another name

  • By Lang Sias

Since 2018, Colorado taxpayers have benefited from two reductions to the state income tax that together have brought the rate from 4.63% to 4.4%, for an aggregate reduction of 0.23%. These reductions have been much heralded by state government leaders and have elicited approving comments from a wide range of observers.

The applause for these tax cuts, however, has obscured a separate tactic that state leaders increasingly have used to extract revenue from Coloradans in amounts that dwarf the income tax reductions. During the last two decades, Coloradans have seen a steady increase in the fees paid to a wide range of state enterprises. The pattern has accelerated dramatically since 2018.

According to a recent Common Sense Institute study, fee-based revenue to enterprises has increased since 2018 by an amount equivalent to a 0.51% increase in the state income tax — so, more than double the recent tax cuts. If Colorado’s fee enterprises, minus higher education, were instead funded by the state income tax, the state income tax would increase to 7.68%, a 75% increase over the current rate of 4.4%.

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May 23

2024 Colorado Legislative Session: TABOR Takings Tracker

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May 17, 2024 | 2024 Research, Featured, Recent Research, Taxes & Fees

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PDF OF FULL REPORT

Author: Erik Gamm and Chris Brown

TABOR Takings Tracker

Legislators placed Coloradans’ TABOR refunds squarely in their crosshairs during the 2024 legislative session, having passed over 100 bills that would slash the TABOR refund to a quarter of its projected size if signed into law. Amid a period of state revenue growth in unprecedented excess of the Referendum C spending cap and a state budget larger than $40 billion for the first time in history, the state’s legislative majority has seen fit to circumvent the standard refund mechanisms through a long list of proposed tax rate reductions, tax credits, and redistribution efforts. Since the last issue of this report five days before the end of session, five TABOR-impacting bills were defeated, four new ones were introduced, and several others were amended heavily.

By the end of the legislative session, lawmakers passed 101 bills that will affect TABOR refunds. Most of these redirect money out of refunds towards targeted tax reductions for specific groups, mainly families and low-income Coloradans. Through such measures, the state will diminish taxpayers’ agency to decide, whether by saving, investing, or donating to charity, how best to allocate money that they would normally be owed. Voters rejected Proposition HH, which proposed to take TABOR refunds in exchange for limited property tax relief, just last November.

  • 101 bills were passed during the 2024 legislative session that, if signed into law, will reduce projected TABOR refunds by a combined $2.8 billion (47%) of the $6 billion projected between FY24 and FY26.
    • These bills propose to reduce the TABOR refund by a combined $523 million in FY24, $1.06 billion in FY25, and $1.25 billion in FY26. The recent announcement that an additional $67 million in TABOR refunds is owed to taxpayers due to an accounting error is not reflected in this report.
    • The reduction in refunds over the next three years is similar in size to the FY23 TABOR refund. Of the $3.28 billion available, $3.1 billion was distributed as direct payments of $800 to each Colorado taxpayer. The remaining $180 million was diverted via an expansion of the Earned Income Tax Credit approved during the 2023 session.
    • The two most impactful bills from the 2024 session (see the list below) will reduce TABOR refunds by $1.8 billion, more than 42%, between FY25 and FY26. The rest of the bills would reduce refunds by a total of $391 million (9%) over that period.
    • Some major bills, like SB24-166, were lost in the final days of the session.
  • SB24-228, which is expected to be signed into law shortly, proposes to change the TABOR refund mechanism by lowering the state income tax rate according to the level of excess state revenue. When it comes into effect, Coloradans’ TABOR refunds will be partially replaced by income tax reductions.

The figure below shows projected TABOR refunds in the next three fiscal years and the amounts of those refunds that each bill would remove.

2024 legislation will reduce the current fiscal year’s TABOR refund to $1.3 billion, which is 71% of the latest projection.

2024 Colorado Legislative Session: TABOR Takings Tracker

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May 23

EDITORIAL: Faux refunds preempt Colorado’s taxpayers

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    • The Gazette editorial board

052024-dg-editorial-1

The Colorado State Capitol (Gazette file photo)
Our state government is required under Colorado’s constitution to refund excess tax revenue. Any year-to-year increases in collections above the rates of inflation and population growth combined must be returned to the public. Hence, taxpayers’ “TABOR refunds.”

When it comes to the actual process for returning the money, however, there’s a lot of wiggle room. Too much.

Exhibit A is a package of bills adopted near the end of the 2024 legislative session earlier this month. As we noted here then, the legislation hijacks Coloradans’ TABOR refunds, doling them out through a combination of temporary tax cuts and credits. It further complicates a refund mechanism that already was complicated enough thanks to previous legislative tinkering.

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May 23

Colorado taxpayers to lose $2.8 billion in TABOR refunds due to legislature, study shows

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Common Sense Institute says the state reduced just less than half of expected TABOR refunds to Colorado taxpayers between 2024 and 2026

 

Capitol Building in Downtown Denver Colorado Photo Credit: Boogich (iStock).
Photo Credit: Boogich (iStock).

The $2.8 billion loss is just less than half of the projected $6 billion in TABOR refunds for the next three years, CSI found in its report following the 2024 Colorado legislative session.

“Legislators focused intensely on TABOR refunds this session,” CSI Mike A. Leprino Fellow Lang Sias said in a statement.

“What started a few years ago,” he said, “has snowballed into what we saw play out during the 2024 session where more than 100 bills redirected TABOR refunds.”

TABOR refunds come from excess state revenue that is sent back to Colorado taxpayers in the next fiscal year.

Over the next three years, Colorado taxpayers will lose $2.8 million in TABOR refunds mostly due to tax cuts, and due to the cost of the bills impacting TABOR, according to CSI’s TABOR refund report.

TABOR refund reductions will increase over the next three years, according to CSI’s report.

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Jun 17

The Past Present and Future of TABOR featuring Michael Fields and Dustin Zvonek

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On this edition of Common Sense Digest, we take a deep dive into a major law unique to Colorado, and why it is relevant today, nearly three decades after being voted in by Coloradans in 1992. That’s right, we’re discussing the Taxpayer’s Bill of Rights, commonly referred to as TABOR.

In recent years, we have seen direct attempts through our state’s ballot process to strike TABOR entirely. At present, TABOR is being challenged from multiple angles and our Host and Chairman Earl Wright welcomes two guests to discuss why TABOR matters, what makes it unique, and what challenges lie ahead for it.

Joining Earl is, first, Michael Fields, Executive Director of Colorado Rising Action, a 501(c)(4) that fights “for limited government, lowering taxes, fighting government over-regulation that stifles freedom, affordable and accessible health care, free enterprise, and a strong national security.” Also joining is Dustin Zvonek, current candidate for Aurora City Council, a small business owner, former congressional and legislative aide, current member of the Aurora Citizens Advisory Budget Committee, and alumnus of Common Sense Institute.

Thank you for listening to Common Sense Digest.

Apr 18

Common Sense Institute study says Colorado UI debt will need more payroll tax revenues.

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Colorado will need to increase payroll tax revenues to repay the Unemployment Insurance (UI) trust fund according to a new study by the Common Sense Institute. Colorado, alongside states like California, New York, and Connecticut, has one of the country’s highest burdens of federal loans to its unemployment insurance fund. As of April 8th, Colorado is one of 19 states currently reliant upon federal loans and has the 9th-greatest amount of money outstanding in both absolute and population-adjusted dollars. 8 of the top 9 states who need federal loans to support their unemployment insurance are blue states.

Repaying the UI Trust Fund’s debt will require nearly 25% more payroll tax revenue per year, on average. Between FY20 and FY23, total revenue to the fund is projected to grow at an average annual rate of 24.8%. For the fund to be restored to its pre-pandemic solvency by 2028, five years after the end of the latest projection, contributions will have to exceed payments by an average of almost $316 million in each year after 2023.

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Mar 12

Colorado’s Competitiveness: The Challenge of Economic Recovery Under More than $1.8 Billion in New Regulations, Taxes and Fees

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Prior to 2020 and the global economic and cultural upheaval caused by the COVID-19 pandemic, Colorado stood out for having strong economic growth and offering a desirable lifestyle. Coloradans had created the #1 state economy and enjoyed competitive advantages in attracting business growth and an educated workforce. In fact, in late 2019, US News World Report ranked Colorado’s business climate as one of the best in the nation.

However, after two periods of negative economic shocks in 2020, in both late spring and through the holidays, the state of business in Colorado remains under duress.

  • There were 150,000 fewer jobs in Colorado in December 2020 relative to the start of the years, representing a 5.4% cut.[i] While the statewide reduction is significant, it masks the disproportionate impacts across industries, as the leisure and hospitality industry was down 90,900 jobs by end of 2020, whereas professional and business services was up 7,100 jobs.[ii]
  • State taxable sales were down $8.9B, or -1.35%, in 2020 relative to 2019.[iii] Small business suffered, especially. As of February 10th, small business revenue was down 29.5% from January 2020 levels.[iv]
  • Colorado’s unemployment rate increased by the 2nd-most among all states, from 2.5% to 8.5%. The Colorado state unemployment ranking went from near first (4th) to almost last (48th).[v]

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