Category Archives: TABOR news story

Mar 04

Colorado Department of Revenue hopes to start taxing digital movies, music and books

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 By Sherrie Peif

DENVER —The Colorado Department of Revenue will be meeting to gather input before considering changes to the tax code that would make a movie streamed or downloaded from Amazon — among other digital items — taxable in Colorado, a move that has some questioning if this circumvents the state constitution’s requirement that new or increased taxes get voter approval first.

The “stakeholder workgroup” is scheduled for 10 a.m. Wednesday, March 4 at 1313 Sherman St. Room 220 in Denver to “discuss the promulgation of a sales tax rule to clarify the department’s treatment of digital goods as tangible property.”

The department defines “stakeholder workgroup” as a forum for the department to gather information from stakeholders. It occurs before the actual rulemaking hearing. Stakeholders are defined as “individuals who have particular knowledge of the issues being discussed … to provide relevant information, opinions, and constructive feedback and suggestions.”

The public is invited to give input. Anyone who cannot attend in person can request a conference number to call in at dor_taxrules@state.co.us or by submitting comments via email to the same address.

According to a draft of the proposed change to rule 39-26-102(15) “Tangible Personal Property,” “the purpose of this rule is to provide clarification on the definition of tangible personal property.”

Laura Carno, founder of SpringsTaxpayers.com, said regardless of what they choose to call it, when they take more money from the people, they need to ask permission. She called this process a violation of the Taxpayer’s Bill of Rights (TABOR).

“The fact that they are doing this through rulemaking instead of doing it properly by asking the voters shows the contempt they have for taxpayers.,” Carno said. “They just look at us as their ATM.”

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Mar 04

TABOR repeal is off the table for 2020. Now it’s Initiative 271, a $2 billion tax hike targeting the wealthy

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Vision 2020 Colorado, a coalition behind a tax system overhaul, tells The Sun it will move forward with a graduated income tax measure that will lower taxes for the vast majority

John Frank

The Colorado Sun — johnfrank@coloradosun.com

A coalition pushing to overhaul Colorado’s tax system will not pursue a complete repeal of the Taxpayer’s Bill of Rights this year, opting instead for a ballot measure in November that would generate billions in new money with higher taxes on the wealthy.

The new initiative — which is expected to receive final legal approval Wednesday — is designed to create a more equitable tax system in Colorado by lowering the current 4.63% tax rate for households making less than $250,000 a year.

MORE: Colorado’s regressive tax system, and a proposed graduated income tax, explained

An estimated 95% of taxpayers who are below the threshold would qualify for the tax cut, which would tax effect for 2021. For those who make more, the rate is higher with a maximum of 8.9% for annual taxable income over $1 million.

The organizations behind the ballot question, known collectively as Vision 2020 Colorado, expect the new graduated income tax to generate an estimated $2 billion a year in new money with at least half earmarked to increase teacher salaries and retention. The remainder would be spent at the discretion of state lawmakers.

“We know middle-income Coloradans are paying a greater share of the tax burden than the wealthy 5%, but our tax code isn’t just unfair, it’s inadequate,” said Scott Wasserman, president of the Bell Policy Center, a leading proponent of the measure. The tough decisions made by state lawmakers about how to spend the $30 billion annual budget, he added, are “a purely consequence of our state not having enough money.”

After repeated losses, supporters hope for a different outcome in 2020

The decision to move forward on this measure — shared first with The Colorado Sun — ends months of speculation about the direction liberal advocacy organizations would take in the 2020 election after testing more than 100 different ways, to revamp TABOR or the state’s tax system.

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Mar 04

Title Board to take on marijuana repeal, enterprises in ballot measure hearing

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Title Board rehearing on 2/19/20
Title Board members David Powell (left) and Theresa Conley listen to an argument during the board’s meeting of Feb. 19, 2020.

The Colorado Initiative Title Setting Review Board on Wednesday will consider whether to set ballot titles for 10 proposed initiatives, and will weigh challenges to 16 measures previously given clearance.

In the current period for measures eligible for the November 2020 ballot, the Title Board has seen a flood of proposals from interest groups and individuals pushing through minor variations of the same initiative. Their strategy serves to guard against challenges and to have time to consider which single measure to ultimately pursue.

Wednesday’s scheduled proposals pertain to tobacco and nicotine taxes, state enterprises and repeal of recreational marijuana.

Voter Approval Requirement for Creation of Certain Fee-Based Enterprises (Initiatives 273-275): These proposals would require statewide voter approval for the creation of new enterprises that are projected to meet certain revenue thresholds in the first three to five years, ranging from $50 million to $100 million. Enterprises are self-supporting, government-owned businesses that have bonding authority and are exempt from the requirements of the Taxpayer Bill of Rights. The designated representatives are Michael Fields of Parker and Lindsey Singer of Highlands Ranch.

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Feb 25

More Tax Increases Headed to the Ballot?

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They’re coming for more of your money!

Denver, CO – New taxes may be on their way to the ballot. Colorado Initiative Title Setting Review Board approved language for 12 new taxes. The next step will be collecting the two hundred thousand or more signature to have these ballot initiatives appear on your November 2020 ballot.

After the sound defeat of Proposition CC in 2019, the tax and spend crowd would go away for a while. The simple answer is no. As long as liberal billionaires fund “think tanks” like the Colorado Fiscal Policy Institute and the Bell Center For Policy, they will always be pushing for tax increases and the repeal of the Taxpayer’s Bill of Rights (TABOR).

From Colorado Politics:

The board also approved 12 initiatives from Carol Hedges and Steve Briggs of Denver that would create a graduated income tax system, raising approximately $2 billion to $2.4 billion. The money would go toward education and addressing “the impacts of a growing population and a changing economy.”

Voters have turned down tax increases and eliminating spending caps every election they have been on the state-wide ballot. The last successful attempt was Referendum C in 2005 after too many Republicans campaigned hard for it. In a related note, those Republicans political careers ended that day.

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Feb 25

LETTERS: Amend TABOR to include “fees”

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AFP Colorado@AFPColorado
Do you think that voters should be able to vote on fees like they do taxes?
#TABOR #copolitics

Amend TABOR to include ‘fees’

Just received my annual registration for my 2004 Subaru Outback and just reading the receipt my blood again begins to boil. The only “tax” listed is $3 for specific ownership tax, the next 12 items are all “fees”. Age of vehicle fee $7, bridge safety surcharge fee $23, clerk hire fee $4, county road and bridge fee $1.50, emergency medical services fee $2, emissions-statewide air account fee, $0.5 and many more, for a grand total of $70.17.

These are in addition to all of the gas taxes we all pay each time we fill up. I don’t mind being charged for normal needs-based surcharges such as those required to maintain our infrastructure but lets call it what they are.. Taxes! Since I/we are already paying all of these “fees” to the state, it’s another reason why I am appalled at the thought of eventually having to also pay more and more for the myriad of oncoming toll lanes throughout the state.

Feb 18

Commissioners’ handling of refunds at odds with TABOR’s long-term survival

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Guest blog from Dennis Simpson, retired CPA and TABOR activist.  Simpson lives in Mesa County.

There are not many local Colorado governments left that have not relaxed TABOR restrictions.  One of the remaining few is Mesa County. Recent action by County Commissioners increased the possibility that anti-TABOR folks (including our local newspaper) soon will mount an effort to remove protections that TABOR provides you.

In this case, TABOR limits the ability of a government to retain excess revenue in two distinct ways.  It limits the amount of property taxes collected and additionally limits the overall revenue collected in any year.

In 2018, Mesa County’s collection of property taxes was not an issue.  However, the County had a banner year in the collection of sales taxes which resulted in excess revenue exceeding $5 million.

The concept of refunding anything other than excesses caused by property taxes has not happened for many years, presenting a new challenge to staff and Commissioners.  The Commissioners ignored helpful suggestions for alternatives and dismissed the issue too rapidly. They decided to take the option that required the least amount of thought. They are giving the $5 million to property taxpayers proportionate to how much property tax each paid.   Our largest property taxpayers are oil companies and box stores with main offices far away.  Over $2 million of the sales tax refund will be removed from the local economy.  Those who do not own property will get zero and those who own lower value homes will get a pittance.

A guest column on this issue, “Commissioners’ handling of refunds at odds with TABOR’s long-term survival,” provides additional discussion.

Feb 14

Colorado House Rep Jovan Melton Said It’s None Of Taxpayer’s Business As To Where Taxpayer Money Is Spent

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Ruh roh….
Colorado Rising State Action@COStateAction
 This says a lot. We need more accountability in state spending, not less.
Another reason we’re thankful for the Taxpayer’s Bill of Rights.
Feb 14

Federal Spending Is Out Of Control, But State Lawmakers Are Introducing Reforms To Rein In The Growth Of Government

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Wyoming

Americans are frequently told – by members of the media, candidates, and others – that political division is heightened in this consequential election year. Members of Congress, however, have reached bipartisan agreement that the federal government should spend more money than it brings in, even when the economy is growing and unemployment is low. Fiscal profligacy carries the day in Washington, yet lawmakers in state capitals are taking action to ensure that state spending and the size of government grows at a sustainable clip.

A member of the Wyoming Legislature, Representative Chuck Gray (R), introduced a joint resolution last week that seeks to limit the growth of the state budget and require voter consent for the approval of future tax increases. House Joint Resolution 2, introduced by Representative Gray on February 7, would amend the state constitution to include a “Taxpayer’s Bill of Rights” that would do two things: limit state spending to the rate of population growth plus inflation, and require all state tax hikes receive voter approval.

Representative Gray’s bill is inspired by Colorado’s Taxpayer’s Bill of Rights (TABOR). Like the TABOR measure now pending in the Wyoming statehouse, Colorado’s TABOR, which has been the law since it was approved by Colorado voters in 1992, requires that all state tax hikes receive approval from Colorado voters. Colorado’s TABOR also caps the increase in state spending at the rate of population growth plus inflation.

Colorado’s TABOR is the reason why Democrats who control the Colorado Legislature and would like to impose a host of tax increases are unable to do so. In November of 2019, Colorado voters affirmed their support for TABOR by rejecting Proposition CC, a measure referred to the ballot by legislative Democrats that would’ve gutted TABOR by ending the taxpayer refunds due in accordance with it.

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Feb 01

Bill to transfer funds to road and bridge projects dies in committee

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The #coleg is discussing the possibility of raising the #gastax. Luckily, our Taxpayer’s Bill of Rights makes you the decisionmaker, not politicians.

FILE - Colorado Interstate 25
In this Thursday, July 11, 2019, file photograph, southbound Interstate 25 traffic lanes bog down to a crawl at the interchange with Interstate 70 just north of downtown Denver.

AP Photo/David Zalubowski

A bill that sponsors say would add revenue to funding for Colorado’s roads and bridges without raising taxes was shelved by Democrats in a Senate committee hearing on Wednesday.

Senate Bill 044 was postponed indefinitely by the Democratic-controlled State, Veterans, & Military Affairs Committee on Wednesday.

The bill would allocate 10 percent of revenue from sales and use taxes on vehicles toward the state’s highway users tax fund and local governments. That revenue would be moved from the general fund under the legislation.

A fiscal note for the bill says it would transfer $366.3 million in fiscal 2021 from the general fund to the highway users tax fund, and $380.7 million in the following year.

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