Apr 30

Landmark Towers Taxpayers Entitled to Tax Relief After 5 Year Legal Battle

Posted on by

Landmark Towers Taxpayers Entitled to Tax Relief After 5 Year Legal Battle

By on April 29, 2016
After a five year legal battle, the Colorado Court of Appeals has ruled that homeowners at the Landmark Towers high-rise condominiums will receive refunds of property taxes paid to the Marin Metropolitan District dating back to 2009. The homeowners at the Landmark have been represented by Burg Simpson Eldredge Hersh & Jardine, P.C. since the beginning of this lawsuit.

Denver, Colorado (PRWEB) April 29, 2016

After a five year legal battle, the Colorado Court of Appeals has ruled that homeowners at the Landmark Towers high-rise condominiums will receive refunds of property taxes paid to the Marin Metropolitan District dating back to 2009 (Court of Appeals Nos. 14CA2099 & 14CA2463). The homeowners at the Landmark have been represented by Burg Simpson Eldredge Hersh & Jardine, P.C. since the beginning of this lawsuit. “This decision by the Court of Appeals represents a real victory for taxpayers,” said Brian K. Matise, lead counsel for the homeowners. “We are happy to have obtained this result for our clients.”

The Colorado Court of Appeals determined that the property taxes were levied without the Landmark homeowners approval, a violation of the Taxpayer’s Bill of Rights (“TABOR”). Additionally, it also held that the TABOR election was held under false pretenses. These decisions upheld the determination of the trial court, rendered in 2014.

“This decision will return real money to these homeowners,” said David P. Hersh, co-counsel on this matter. Pursuant to TABOR’s refund provision, the District must refund all illegal taxes paid with ten percent annual simple interest. Based on the State of Colorado public filings, the Marin Metropolitan District illegally collected $3,723,503 in property taxes from 2009 through 2013. With interest, the total refund obligation is expected to exceed $5 million.

Created in 2007, the Marin Metropolitan District was developed to help finance a new subdivision to the south of the Landmark development. Including two condominium buildings and a retail center, The Landmark sits on 15 acres at East Berry Avenue and Interstate 25 in Greenwood Village, Colorado.

The Landmark homeowners have been represented by Brian K. Matise, David P. Hersh, Diane Vaksdal Smith, and Nelson Boyle of Burg Simpson Eldredge Hersh & Jardine, P.C. throughout the life of this action.

For the original version on PRWeb visit: http://www.prweb.com/releases/2016/04/prweb13380322.htm

Apr 29

House OKs hospital provider fee and road funding bills

Posted on by

A desire to fix roads and fund schools led at least two House Republicans on Thursday to join Democrats to give preliminary approval to a bill that frees up about $700 million in state revenue for those purposes.
The legislation would re-categorize revenue collected under the seven-year-old hospital provider fee, which now goes into the state’s general fund and is subject to spending caps imposed by the Taxpayer’s Bill of Rights.
Colorado House Minority Leader Brian DelGrosso and House Speaker Dickey Lee Hullinghorst debate the hospital-provider fee bill.

Most Republicans question the constitutionality of changing how the hospital provider fee revenue is accounted for, calling it a “magic trick.” The fee program collects money from the hospitals for each patient they treat and leverages the money to bring in the same amount of federal funds.
GOP members argue that the maneuver alsol would cost Coloradans the chance to get Taxpayer’s Bill of Rights refunds for many years.
But House Speaker Dickey Lee Hullinghorst — the Boulder County Democrat who sponsored both the hospital provider fee bill originally said the legislation allocates money that doesn’t come in through tax collections and puts it toward transportation, higher education, K-12 schools and other priorities.

A coalition of more than 100 business and civic groups back the measure. Hullinghorst argued that money that will be put toward these needs will improve the state economy much more than sending small refunds back to residents.
“I believe this bill is the most important we will consider this session for one single reason — its adoption ultimately would touch the lives of every single Coloradan,” Hullinghorst told the House during a roughly 3-1/2-hour debate. Continue reading →

Apr 28

Research & Commentary: Colorado’s Hospital Provider Tax and TABOR Collide

Posted on by

Research & Commentary: Colorado’s Hospital Provider Tax and TABOR Collide

Matthew Glans –
February 8, 2016
Funding Medicaid programs has proven to be an increasingly difficult task for many states.
In 2009, the Colorado General Assembly passed legislation creating a hospital provider fee (HPF) as part of its effort to provide health care for those Coloradoans who cannot afford private medical coverage and do not qualify for Medicaid. The HPF is assessed on hospitals based on the number of patients they treat and the number of outpatient services provided.

Each hospital pays a different amount for the tax, ranging from millions of dollars to nothing at all. The Denver Post reported preliminary state figures estimate the state’s hospitals paid $688.5 million in fees from October 2014 through September 2015. The federal government matched the fees, paying $1.2 billion.

The provider tax became a more important issue in Colorado after the Affordable Care Act (ACA) was passed in 2010. The Colorado legislature added an expansion of Medicaid to the hospital provider fee program in 2013, growing the program to roughly $2.4 billion during the state’s 2014–15 fiscal year. The fee is matched by the federal government, and it is used to provide expanded Medicaid coverage and increased enrollment in Colorado’s Child Health Plan Plus program.

The amount of revenue generated by HPF has grown rapidly over the past year. Revenue in 2015 increased by around 30 percent compared to the previous year, because the state’s Medicaid program is only now appearing in fee revenue. All told, the program funds an expanded Medicaid population of around 300,000 people.

Linda Gorman of the Independence Institute argues HPF has generated controversy ever since its inception. The original legislation creating the tax attempted to hide the true nature of the tax by calling it a “fee.” Even the federal government referred to the provider fee as a tax in a letter approving its payment.

Continue reading →

Apr 28

Colorado Legislators May Push HPF Through Constitutional Loophole

Posted on by

Colorado Legislators May Push HPF Through Constitutional Loophole

April 27, 2016
 A bill that would exempt Colorado’s Hospital Provider Fee (HPF) program from the state constitution’s Taxpayer’s Bill of Rights (TABOR) has advanced to hearings on the House floor.

The House Committee on Appropriations voted 7–6 on March 29 to refer House Bill 1420, sponsored by House Speaker Dickey Lee Hullinghorst (D-Boulder County) and Sen. Larry Crowder (R-Alamosa County), to the Committee of the Whole.

HB 1420 would establish the Colorado Healthcare Affordability and Sustainability Enterprise (CHASE) as a government-owned business to administer the state’s HPF. HPF is the vehicle by which Colorado expanded Medicaid under the Affordable Care Act (ACA) in 2014 and by which the state collected almost $700 million in revenue the following year.

CHASE’s designation as an “enterprise” would exempt the program from the state constitution’s TABOR, which mandates voters shall decide at the ballot whether Colorado must refund to taxpayers surplus revenue collected by the state, except when the surplus comes from a state “enterprise.”

If passed, CHASE will take effect on July 1, 2016, provided the federal Centers for Medicare and Medicaid Services (CMS) determine the program complies with federal law, according to the bill’s fiscal note.

Word Games

Linda Gorman, director of the Health Care Policy Center at the Independence Institute, says the bill manipulates the meaning of “enterprise” in order to circumvent the state’s constitution.

Continue reading →

Apr 25

Survey: More than half don’t understand TABOR

Posted on by

Survey: More than half don’t understand TABOR

And at the GOP event, some criticize media, Chieftain

by sarah grasmick the pueblo chieftain
Published: April 24, 2016;

Approximately two-thirds of Coloradans don’t understand what the Taxpayer’s Bill of Rights is, according to the Colorado Fiscal Institute.

“When you actually look into the surveys and ask them what TABOR does, a handful of people who said, ‘I know what TABOR is’ thought it was a shopping mall in Denver. If they do know what it is, they only know one facet of TABOR, and that is that I have the right to vote on my own taxes. Elected officials can’t raise my taxes .?.?. without my vote,” said economist Chris Stiffler Saturday at a town hall meeting hosted by state Rep. Daneya Esgar and state Sen. Leroy Garcia, both Pueblo Democrats.

TABOR also limits how everything is taxed.

“In Colorado, we have a flat income tax rate — I pay 4.63 percent, you pay 4.63 percent, Peyton Manning pays 4.63 percent. Most states have a tiered system that grabs a little more income for higher-income earners,” Stiffler said.
– See more at: http://www.chieftain.com/news/4683773-120/tabor-taxes-chieftain-percent#sthash.DzpkBSki.dpuf

http://www.chieftain.com/news/4683773-120/tabor-taxes-chieftain-percent

Apr 23

Voters Can Make Colorado History in PAWSD Election

Posted on by

EDITORIAL: Voters Can Make Colorado History in PAWSD Election

by · April 22, 2016

Ballots were mailed recently to residents and customers in the Pagosa Area Water and Sanitation District service area, asking them to vote for three board members (from a selection of four candidates) and also allowing them to weigh in, on an historic ballot measure.

The historic measure, written in election-legalese and printed in “all capital letters” for some un-Godly reason, reads like this:

PAGOSA AREA WATER AND SANITATION DISTRICT BALLOT ISSUE A:

SHALL PAGOSA AREA WATER AND SANITATION DISTRICT BE SUBJECT TO THE REVENUE, COLLECTION AND SPENDING LIMITS UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION (OTHERWISE KNOWN AS THE TAXPAYERS BILL OF RIGHTS), SECTION 29-1-301, C.R.S., AND OTHER COLORADO LAWS BY REPEALING THE BALLOT ISSUE APPROVED BY DISTRICT VOTERS ON MAY 2, 2000; PROVIDED THAT 2016 SHALL BE USED AS THE BASE YEAR FOR CALCULATING LIMITS AND SUCH LIMITS SHALL BE EFFECTIVE BEGINNING JANUARY 1, 2017?

You will want to vote “Yes” on this measure, if you wish to help the current PAWSD board — Mike Church, Glenn Walsh, Gordon McIver, Paul Hansen and Blake Brueckner — make political history.

The ballot language does not include the acronym “TABOR” — the more common way to refer to the Taxpayers Bill of Rights, Article X, Section 20 of the Colorado Constitution — but some voters may feel more comfortable marking “Yes” on their PAWSD ballot for Ballot Measure A, if they understand that a “Yes” vote will put our water and sewer district’s General Fund back under the taxing and spending controls offered by TABOR.

22PAWSDOfficesWaterDistrict

But don’t take my word for it.

The state of Colorado allows its citizens to submit statements in favor of, or in opposition to, ballot measures that increase or reduce taxes, and these statements are required to be mailed out to all registered voters.  In the case of Ballot Measure A, no one submitted a statement opposing the measure, but PAWSD board member Glenn Walsh submitted a statement explaining why you might want to vote “Yes.”

Continue reading →

Apr 20

Colorado’s Budget Settled, But Debate Coming On Taxes, Refunds

Posted on by

Colorado’s Budget Settled, Debate Coming On Taxes, Refunds « CBS Denver .

April 19, 2016 1:57 PM

Speaker Dickey Lee Hullinghorst and other Democrats, including Gov. John Hickenlooper, want the fee set aside to avoid refunds under the Taxpayer’s Bill of Rights, free millions of dollars for Colorado’s underfunded roads and schools, and give momentum to pending ballot initiatives that would ease TABOR’s grip on state finances.

It’s a debate that some thought settled well before both chambers approved the $27 billion budget last week. Not so, said Hullinghorst, a Boulder Democrat.

“In this budget we managed to get by, but next year it will be twice as bad with cuts in education and higher education,” she said. The House could debate her bill this week.

Hullinghorst said reclassifying the fee can provide at least five years’ flexibility to spend more on schools and roads, and tackle TABOR and other constitutional restrictions on budget writers’ room to maneuver.

TABOR requires refunds whenever total state income surpasses a cap that’s based on inflation and population, not the economy’s performance.

 

Continue reading →

Apr 04

9 Colorado cities vote Tuesday on municipal broadband internet; pot also on local ballots

Posted on by

Thirteen cities are deciding various tax proposals, and Nederland voters will face a “de-Brucing” measure (lifting the restrictions of Douglas Bruce’s Taxpayers Bill of Rights, or TABOR, capping tax revenue and spending).

http://www.bizjournals.com/denver/morning_call/2016/04/9-colorado-citiesvote-tuesday-on-municipal.html?ana=e_den_rdup&s=newsletter&ed=2016-04-04&u=ewaw5QTZsfAZ0BN1ha0knw0d36a24e&t=1459794946&j=72022272

Apr 03

Budget fix still crucial for Colorado

Posted on by

Budget fix still crucial for Colorado

Lawmakers should reclassify hospital provider fee

By The Denver Post Editorial Board

POSTED:   04/01/2016 05:00:00 PM MDT

Colorado legislators are seeking to reclassify the state hospital provider fee into a separate enterprise fund that would allow Colorado to remain below

Colorado legislators are seeking to reclassify the state hospital provider fee into a separate enterprise fund that would allow Colorado to remain below revenue limits imposed by the Taxpayer s Bill of Rights without refunding money. (Steve Nehf, Denver Post file)

Yes, Colorado lawmakers, it’s still important to deal with a projected budgetary crunch triggered by future tax refunds even if they are no longer likely in the next fiscal year.

The problem is only being delayed for one year. Refunds will almost certainly be required in the following years under the Taxpayer’s Bill of Rights unless the economy entirely tanks. And yet they will come at the expense of critical transportation, capital maintenance and education funding. Indeed, transportation funding is already slated to decline in next year’s budget.

In other words, lawmakers still have urgent reason this session to reclassify the hospital provider fee into a separate “enterprise fund” to allow the state to remain below TABOR revenue limits without refunding money.

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

 

 

Mar 30

Business leaders battle Republican lawmaker in hospital-fee bill hearing

Posted on by

Business leaders battle Republican lawmaker in hospital-fee bill hearing

Denver Traffic cars

KATHLEEN LAVINE | DENVER BUSINESS JOURNAL

Overcrowded highways like this stretch of C-470 near Yosemite would be a primary beneficiary of the hospital-provider fee bill, business leaders argue.

Colorado business leaders charged into the state Capitol Tuesday to advocate for a newly introduced change in the hospital provider fee that they believe will increase funding for transportation and education — and ran right into a key Republican legislator who questioned whether they would be taking revenues illegally from companies and individuals that need them more.

House Speaker Dickey Lee Hullinghorst’s long-planned bill to pull some $700 million out from under the Taxpayer’s Bill of Rights (TABOR) revenue cap and turn it into an enterprise fund received its first hearing in the House Appropriations Committee Tuesday, one day after it was introduced.

Committee Democrats passed it onto the House floor over the objections of Republicans, the first of several steps in what is expected to be a weeks-long fight over one of the most watched measures of this legislative session.

The seven-year-old provider fee charges hospitals for each night a bed is occupied, leverages that money to get an equal amount of federal matching funds and expands the eligibility of childless adults for Medicaid, reducing the burden of uncompensated care on hospitals.

By turning the fee into an enterprise, it frees a lot more room for the state to collect new revenues without reaching its TABOR cap and having to give back any excess money as tax refunds.

 

Continue reading →