Dems seek TABOR’s demise in court – again | Jimmy Sengenberger | Opinion | gazette.com
Apr
04
Category Archives: TABOR Refunds
Apr
02
10th Circuit dismisses lawsuit challenging validity of TABOR
We just wanted to remind you that the premise of this case was settled in December, 2021 but the political party on the left doesn’t learn. Here’s the headline and story:
10th Circuit dismisses lawsuit challenging validity of TABOR
Chief Judge Timothy M. Tymkovich, writing for himself and six of his colleagues, concluded that the Boulder County Board of County Commissioners, a handful of school districts and one special district failed to show that the 1875 Enabling Act that guaranteed to Colorado a “republican” form of government had also given the local government entities the ability to challenge TABOR’s taxing and spending restrictions.
“Looking at the Enabling Act’s language, we conclude the plaintiffs cannot state a claim under the Act’s promise of a republican constitution. Neither the Enabling Act’s text nor structure supports the political subdivisions’ arguments. The clause promising a constitution republican in form has no clear beneficiary,” Tymkovich wrote in the Dec. 13 decision.
Apr
01
Democrats roll out tax and TABOR reform plan
Democrats roll out tax and TABOR reform plan to remake state finances, calling for “a reckoning”
Colorado lawmakers float legal challenge that, if successful, could kill TABOR outright
A group of Colorado lawmakers has unveiled a plan to fundamentally change state tax policy and attempt to eliminate the Taxpayer’s Bill of Rights, or TABOR.
The plan, announced Monday afternoon by Democratic legislators, includes reclassifying chunks of Colorado highway funding so it doesn’t fall under the TABOR spending cap, which would free up money for other things. They also hope to end Colorado’s flat income tax and replace it with a system in which higher-income taxpayers pay higher rates than low-income filers.
Lawmakers also introduced a resolution Monday that seeks to launch a lawsuit challenging the legality of TABOR, which was passed by Colorado voters in 1992, under the U.S. Constitution.
“The state is coming to a reckoning on whether we can sustain ourselves,” said Sean Camacho, a Denver Democrat. “And all of these measures are critical to figuring that out.”
The lawsuit resolution has attracted a roster of co-sponsors, including some top legislative leaders. The proposals come as Colorado faces a budget hole of more than $1 billion because of the cap set by TABOR.
TABOR limits how much state spending can grow based on inflation and population growth. Certain sectors of government spending, chiefly mandatory Medicaid costs, have far outstripped the pace of consumer inflation, effectively eating into how much the state can spend on nonmandatory programs.
To read the rest of this article, click (HERE) to go to the Denver Post.
Mar
30
OPINION: ‘Fiscal tailgating’ caused Colorado’s budget woes
OPINION: ‘Fiscal tailgating’ caused Colorado’s budget woes
- By Mark Hillman
- Mar 27, 2025 Updated Mar 28, 2025
The gold dome of the state Capitol is seen in Denver.
The Associated Press File
Headlines from the state Capitol might cause a reader to believe Colorado is in a deep recession. Legislators say they must cut more than $1 billion in spending to balance the 2025-26 budget.
Still, state government has $687 million more to spend than last year in a $19 billion budget. So why all the histrionics about a budget “crisis”?
Because Colorado lawmakers practice fiscal tailgating.
Tailgating on the highway is dangerous because when drivers travel too fast and follow too close to the car ahead, the tailgating driver doesn’t have time to react if the lead driver unexpectedly brakes or swerves.
Fiscal tailgating is much the same. Lawmakers spend money as fast as it comes in, then when the economy slows, they face much harder choices than if they had tapped the brakes when awash in money.
After COVID, Congress inflated the money supply and passed out trillions to states. Colorado raked in billions, which lawmakers knew would someday run out.
Not long ago, veteran members of the Joint Budget Committee, regardless of party, would stand firmly against spending one-time funds for ongoing programs because they knew they’d ultimately be forced to cut the new program or cut something else.
Ending a program people have come to rely on is never popular.
But for the past few years, the Democrat-controlled legislature has done the opposite. As one local news organization reported, “The budget has actually been out of balance for years.
To continue reading the rest of the story, please click (HERE).
Mar
29
How to Get Your 2024 TABOR Refund in Colorado
How to Get Your 2024 TABOR Refund in Colorado
Thanks to Colorado’s Taxpayer’s Bill of Rights (TABOR), residents will receive a refund when filing their 2024 state income taxes in 2025.
? How to Get It:
- File your Colorado state income tax return (Form DR0104) by the deadline.
- No extra forms are needed — TABOR refund is on line 35 of Form DR 0104.
? How Much Will You Get? Refund amounts are based on your income and filing status. Here’s what to expect:
Single Filers:
- Up to $53K: $177
- $53K–$105K: $240
- $105K–$166K: $277
- $166K–$233K: $323
- $233K–$302K: $350
- Over $302K: $565
Joint Filers:
- Up to $53K: $354
- $53K–$105K: $480
- $105K–$166K: $554
- $166K–$233K: $646
- $233K–$302K: $700
- Over $302K: $1,130
? Bonus: Lower Income Tax Rate The state income tax rate dropped from 4.40% to 4.25% for 2024 — another TABOR win for taxpayers!
Mar
28
Colorado’s Budget Gap Myth!
Colorado’s Budget Gap Myth!
How Anti-TABOR Legislators are Laying the Groundwork to Raise Your Taxes & How you can Fight Back!
You’ve probably seen the headlines… “Lawmakers stare down long-term cuts as Colorado runs into TABOR’s hard spending cap,” and “Food banks, kids’ therapy and diapers: What Colorado lawmakers have cut from the state budget so far,” are just two recent examples.
It’s becoming more obvious that the “budget gap” is going to be used as an excuse to attack the Taxpayer’s Bill of Rights (TABOR), and raise our taxes!
Thankfully, we have Natalie Menten, a Liberty Leader and Taxpayer Advocate who is standing up for TABOR.
In this video, Natalie and Brandon talk about the reality of Colorado’s budget and explain how TABOR has helped Coloradans keep more money in their wallets.
New video: youtu.be/Y3bEZnq7new
Mar
25
This is what’s happening at the Colorado State Capitol and broadcast media….
This is what’s happening at the Colorado State Capitol and broadcast media….
#DontBeFooled
#ItsYourMoneyNotTheirs
#VoteOnTaxesAndFees
#FeesAreTaxes
#TABOR
#FollowTheMoney
#FollowTheLaw
#ThankGodForTABOR
Mar
23
Rep. Gonzalez: Colorado doesn’t have a revenue problem, it has a spending problem
By Rep. Ryan Gonzalez / March 21, 2025 / | Guest Commentary, Rocky Mountain Voice
In the state of Colorado, we are facing over a $1.2 BILLION dollar shortfall. As we are now halfway through the 2025 legislative session, we have seen little progress from the lawmaking majority on making hard and significant cuts to our budget.
Rather than admit the improper allocation of taxpayer dollars, the majority uses this predicament to go after and attack our Taxpayer Bill of Rights (TABOR).
Our state budget this year is over 43 BILLION. In the last 6 years they have gone from a budget surplus to a very progressive spending spree at the expense of taxpayers.
More offices, tax credits, and programs that require funding and eat away at TABOR refunds have been – and continue to be – the norm for the majority rule in Colorado.
Much of this is due, in part, to the COVID ripple effect that we are seeing now, just years in the making. As a first term legislator, I can see – firsthand – many problems in how things are being managed and run under the Gold Dome.
We do not, and I cannot stress this enough, we do not have a revenue problem.
We have a spending problem, a big one.
To continue reading this story, please click (HERE) to go to the Rocky Mountain Voice:
Mar
13
Letter to the Editor: Facts about TABOR
Facts about TABOR
Editor:
The Taxpayer’s Bill of Rights (TABOR) was approved by voters in 1992. Colorado voters approved a measure which amended Article X of the Colorado Constitution that restricts revenues for all levels of government (state, local and schools).
Under TABOR, state and local governments cannot raise tax rates without voter approval and cannot spend revenues collected under existing tax rates without voter approval. Revenue in excess of the TABOR limit, must be refunded to taxpayers. Under TABOR, the state has returned more than $2 billion to taxpayers.
For 32 years Colorado citizens have received a TABOR check with no conditional requirements. Last year, taxpayers received an $800 check for one qualifying taxpayer or $1,600 for two qualifying taxpayers filing jointly.
Today’s Colorado Department of Revenue’s web page states:
“Attention, please remember that you must claim the state sales tax refund (TABOR refund) when filing your state income tax return or Property Tax/Rent/Heat Rebate (PTC) Application. If you claimed a 2024 refund, the TABOR refund will be combined and issued with your tax refund. Unlike the 2022 Colorado cashback, no separate check will be issued.”
Now you, the taxpayer, must opt in your “Modified Adjusted Gross Income” from your Federal Tax Report to determine your TABOR refund. If you do not fill in lines 31 to 34 on your state 2024 Colorado individual income tax return form DR 0104, you will not receive a refund. No $800 or $1,600 checks this year. Continue reading
Mar
08
Citizen watchdogs needed for Arapahoe County 1A tax windfall
In the November, 2024 general election, Arapahoe County voters approved ballot issue 1A, removing spending limits imposed by the Taxpayer’s Bill of Rights (TABOR). Moving forward, this means county government gets to keep and spend over-collected tax revenue that would have otherwise been refunded to taxpayers.
In other words, voters gave county commissioners what amounts to a tax hike, and now it’s time to keep them accountable for it.
As part of the ballot language, a provision was included that mandates all spending of this tax revenue windfall be transparently reported. Specifically, it requires that the new spending be included in the county’s annual independent audit, published on the county website and that it be monitored and reviewed by a “resident advisory committee.” That’s where you come in.
The county pushed ballot measure 1A as a way to fund existing services that they claimed were potentially going to be cut due to budget shortfalls. And while I understand the need for transparency of how this massive influx of money should be spent, we must also make sure the advisory committee is up to the task and doesn’t just become a rubber stamp for political agendas and new pet projects.
According to the county website, the job of the committee is to ensure that 1A funds “are being used in alignment with their intended purpose, advocating for proper stewardship of these resources.”
If you think you’re up to that task, you should consider applying. It’s a great opportunity to get involved in your community, while also holding your elected officials accountable to the taxpayers.
There are ten committee slots to be filled, with at least one from each county commission district. Members serve three-year terms, with a two-term maximum. And if you’ve ever thought about running for public office, this is a great way to get some local government experience under your belt first.
Arapahoe County voters gave up their TABOR refunds in perpetuity, now it’s time to ensure county commissioner honor that sacrifice and hold up their end of the bargain.
Kathleen Chandler is an Arapahoe County resident and directs the Citizen Involvement Project at the Independence Institute, a free market think tank in Denver. She can be reached by email at Kathleen@i2i.org.
Citizen watchdogs needed for Arapahoe County 1A tax windfall – Complete Colorado