Old | New | Differences | |
---|---|---|---|
1 | + | Second Regular Session | |
2 | + | Seventy-fourth General Assembly | |
3 | + | STATE OF COLORADO | |
4 | + | REREVISED | |
5 | + | This Version Includes All Amendments | |
6 | + | Adopted in the Second House | |
7 | + | LLS NO. 24-0919.01 Megan McCall x4215 | |
1 | 8 | HOUSE BILL 24-1268 | |
2 | - | BY REPRESENTATIVE(S) Weissman and Ortiz, Amabile, Bacon, Bird, | |
3 | - | Boesenecker, Brown, Clifford, Daugherty, deGruy Kennedy, Duran, Epps, | |
4 | - | Froelich, Hamrick, Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lukens, | |
5 | - | Mabrey, McLachlan, Ricks, Rutinel, Sirota, Snyder, Story, Titone, Valdez, | |
6 | - | Velasco, Willford, Woodrow, Young, McCluskie; | |
7 | - | also SENATOR(S) Exum and Fields, Bridges, Buckner, Coleman, Cutter, | |
8 | - | Danielson, Ginal, Gonzales, Jaquez Lewis, Kolker, Michaelson Jenet, | |
9 | - | Mullica, Priola, Roberts, Sullivan, Winter F., Fenberg. | |
9 | + | House Committees Senate Committees | |
10 | + | Finance Finance | |
11 | + | Appropriations Appropriations | |
12 | + | A BILL FOR AN ACT | |
10 | 13 | C | |
11 | - | ONCERNING FISCAL POLICY FOR THE FINANCIAL SUPPORT OF CERTAIN | |
12 | - | LOW | |
13 | - | -INCOME INDIVIDUALS BASED ON NEED , AND, IN CONNECTION | |
14 | - | THEREWITH | |
15 | - | , MAKING ORGANIZATIONAL MODIFICATIONS TO THE | |
16 | - | GRANTS FOR REAL PROPERTY TAX ASSISTANCE AND HEAT OR FUEL | |
17 | - | EXPENSES ASSISTANCE | |
18 | - | , ENDING SUCH GRANTS FOR INDIVIDUALS WITH | |
19 | - | A DISABILITY BEGINNING | |
20 | - | JANUARY 1, 2025, AND CREATING AN | |
21 | - | INCOME TAX CREDIT FOR QUALIFIED INDIVIDUALS WITH A DISABILITY | |
22 | - | TO CLAIM FOR TAX YEARS COMMENCING ON OR AFTER | |
23 | - | JANUARY 1, | |
24 | - | 2025. | |
25 | - | ||
26 | - | Be it enacted by the General Assembly of the State of Colorado: | |
27 | - | SECTION 1. In Colorado Revised Statutes, 39-31-101, amend | |
28 | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative | |
29 | - | officers and the Governor. To determine whether the Governor has signed the bill | |
30 | - | or taken other action on it, please consult the legislative status sheet, the legislative | |
31 | - | history, or the Session Laws. | |
32 | - | ________ | |
33 | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes | |
34 | - | through words or numbers indicate deletions from existing law and such material is not part of | |
35 | - | the act. (1)(a), (1)(b), (1)(c)(I), (1)(d), (2)(d), (4), (5)(a), (5)(c), and (5)(d); repeal | |
36 | - | (2.5); and add (1)(c)(III), (1.5), (2.1), and (5)(e) as follows: | |
37 | - | 39-31-101. Real property tax - tax equivalent - assistance - heat | |
38 | - | or fuel expenses assistance - eligibility - applicability - definitions - | |
39 | - | repeal. (1) (a) Individuals having resided within this state for the entire | |
40 | - | taxable year who are sixty-five years of age or older during the taxable year | |
41 | - | shall be | |
42 | - | ARE eligible for a grant to be determined with respect to the income | |
43 | - | taxes imposed by article 22 of this title based upon TITLE 39, SUBJECT TO | |
44 | - | THE ADDITIONAL QUALIFICATION REQUIREMENTS OF THIS SECTION | |
45 | - | , TO AID | |
46 | - | IN | |
47 | - | the payment by such persons | |
48 | - | INDIVIDUALS of: | |
49 | - | (I) Real estate taxes, including taxes on mobile homes, or trailer | |
50 | - | coach specific ownership tax on, or tax-equivalent payments with respect | |
51 | - | to, such | |
52 | - | residences occupied by such persons; subject to the additional | |
53 | - | qualification requirements of this section; INDIVIDUALS; OR | |
54 | - | (II) HEAT OR FUEL EXPENSES FOR RESIDENCES OCCUPIED BY SUCH | |
55 | - | INDIVIDUALS | |
56 | - | . | |
57 | - | (b) (I) Spouses are treated as jointly qualifying for the grant under | |
14 | + | ONCERNING FISCAL POLICY FOR THE FINANCIAL SUPPORT OF101 | |
15 | + | CERTAIN LOW-INCOME INDIVIDUALS BASED ON NEED , AND, IN102 | |
16 | + | CONNECTION THEREWITH , MAKING ORGANIZATIONAL103 | |
17 | + | MODIFICATIONS TO THE GRANTS FOR REAL PROPERTY TAX104 | |
18 | + | ASSISTANCE AND HEAT OR FUEL EXPENSES ASSISTANCE , ENDING105 | |
19 | + | SUCH GRANTS FOR INDIVIDUALS WI TH A DISABILITY BEGINNING106 | |
20 | + | J | |
21 | + | ANUARY 1, 2025, AND CREATING AN INCOME TAX CREDIT FOR107 | |
22 | + | QUALIFIED INDIVIDUALS WITH A DI SABILITY TO CLAIM FOR TAX108 | |
23 | + | YEARS COMMENCING ON OR AFTER JANUARY 1, 2025.109 | |
24 | + | Bill Summary | |
25 | + | (Note: This summary applies to this bill as introduced and does | |
26 | + | not reflect any amendments that may be subsequently adopted. If this bill | |
27 | + | passes third reading in the house of introduction, a bill summary that | |
28 | + | SENATE | |
29 | + | 3rd Reading Unamended | |
30 | + | May 7, 2024 | |
31 | + | SENATE | |
32 | + | 2nd Reading Unamended | |
33 | + | May 6, 2024 | |
34 | + | HOUSE | |
35 | + | 3rd Reading Unamended | |
36 | + | April 26, 2024 | |
37 | + | HOUSE | |
38 | + | 2nd Reading Unamended | |
39 | + | April 25, 2024 | |
40 | + | HOUSE SPONSORSHIP | |
41 | + | Weissman and Ortiz, Amabile, Bacon, Bird, Boesenecker, Brown, Clifford, Daugherty, | |
42 | + | deGruy Kennedy, Duran, Epps, Froelich, Hamrick, Herod, Jodeh, Joseph, Kipp, Lieder, | |
43 | + | Lindsay, Lukens, Mabrey, McCluskie, McLachlan, Ricks, Rutinel, Sirota, Snyder, Story, | |
44 | + | Titone, Valdez, Velasco, Willford, Woodrow, Young | |
45 | + | SENATE SPONSORSHIP | |
46 | + | Exum and Fields, Bridges, Buckner, Coleman, Cutter, Danielson, Fenberg, Ginal, | |
47 | + | Gonzales, Jaquez Lewis, Kolker, Michaelson Jenet, Mullica, Priola, Roberts, Sullivan, Winter | |
48 | + | F. | |
49 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. | |
50 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. | |
51 | + | Dashes through the words or numbers indicate deletions from existing law. applies to the reengrossed version of this bill will be available at | |
52 | + | http://leg.colorado.gov.) | |
53 | + | The bill changes the "Property Tax/Rent/Heat Credit Rebate" | |
54 | + | (PTC). Under current law, the PTC is available to qualifying seniors and | |
55 | + | individuals with a disability who earn income below a threshold amount | |
56 | + | and who pay real property tax, or a tax equivalent through rent, or heat or | |
57 | + | fuel expenses, or an equivalent through rent. Under current law, 2 | |
58 | + | sections of statute provide for the PTC. The first section provides the PTC | |
59 | + | for assistance in the payment of real property tax and the second section | |
60 | + | provides the PTC for assistance in the payment of heat or fuel expenses. | |
61 | + | The bill eliminates the second statutory section and combines both types | |
62 | + | of PTC, into the first statutory section. The bill also updates certain dollar | |
63 | + | values used to calculate the PTC to their current levels. Additionally, the | |
64 | + | PTC, for tax years commencing on or after January 1, 2025, will only be | |
65 | + | available to qualifying seniors. | |
66 | + | Qualified individuals with a disability for tax years commencing | |
67 | + | on or after January 1, 2025, are allowed an income tax credit. Eligibility | |
68 | + | with respect to disability mirrors the eligibility as it exists under current | |
69 | + | law for the PTC. The income tax credit is allowed in the following | |
70 | + | amounts: | |
71 | + | ! $1,200 for a qualified individual filing a single return with | |
72 | + | adjusted gross income less than or equal to $10,000 or for | |
73 | + | 2 qualified individuals, or a qualified individual and a | |
74 | + | nonqualified individual, filing a joint return with adjusted | |
75 | + | gross income less than or equal to $16,000; | |
76 | + | ! $1,000 for a qualified individual filing a single return with | |
77 | + | adjusted gross income between $10,001 and $12,500 or for | |
78 | + | 2 qualified individuals, or a qualified individual and a | |
79 | + | nonqualified individual, filing a joint return with adjusted | |
80 | + | gross income between $16,001 and $20,000; | |
81 | + | ! $800 for a qualified individual filing a single return with | |
82 | + | adjusted gross income between $12,501 and $15,000 or for | |
83 | + | 2 qualified individuals, or a qualified individual and a | |
84 | + | nonqualified individual, filing a joint return with adjusted | |
85 | + | gross income between $20,001 and $24,000; | |
86 | + | ! $600 for a qualified individual filing a single return with | |
87 | + | adjusted gross income between $15,001 and $17,500 or for | |
88 | + | 2 qualified individuals, or a qualified individual and a | |
89 | + | nonqualified individual, filing a joint return with adjusted | |
90 | + | gross income between $24,001 and $28,000; and | |
91 | + | ! $400 for a qualified individual filing a single return with | |
92 | + | adjusted gross income between $17,501 and $20,000 or for | |
93 | + | 2 qualified individuals, or a qualified individual and a | |
94 | + | nonqualified individual, filing a joint return with adjusted | |
95 | + | 1268 | |
96 | + | -2- gross income between $28,001 and $32,000. | |
97 | + | The department of revenue must adjust the amounts of the credit | |
98 | + | and the amounts of adjusted gross income annually for inflation. | |
99 | + | An individual who is a qualifying senior and a qualified individual | |
100 | + | with a disability and would meet the eligibility requirements to claim both | |
101 | + | the income tax credit and the PTC can only claim one or the other in the | |
102 | + | same income tax year. | |
103 | + | The bill also makes conforming amendments. | |
104 | + | Be it enacted by the General Assembly of the State of Colorado:1 | |
105 | + | SECTION 1. In Colorado Revised Statutes, 39-31-101, amend2 | |
106 | + | (1)(a), (1)(b), (1)(c)(I), (1)(d), (2)(d), (4), (5)(a), (5)(c), and (5)(d); repeal3 | |
107 | + | (2.5); and add (1)(c)(III), (1.5), (2.1), and (5)(e) as follows:4 | |
108 | + | 39-31-101. Real property tax - tax equivalent - assistance -5 | |
109 | + | heat or fuel expenses assistance - eligibility - applicability - definitions6 | |
110 | + | - repeal. (1) (a) Individuals having resided within this state for the entire7 | |
111 | + | taxable year who are sixty-five years of age or older during the taxable8 | |
112 | + | year shall be | |
113 | + | ARE eligible for a grant to be determined with respect to the9 | |
114 | + | income taxes imposed by article 22 of this title based upon TITLE 39,10 | |
115 | + | SUBJECT TO THE ADDITIONAL QUALIFICATION REQUIREMENTS OF THIS11 | |
116 | + | SECTION, TO AID IN the payment by such persons INDIVIDUALS of:12 | |
117 | + | (I) Real estate taxes, including taxes on mobile homes, or trailer13 | |
118 | + | coach specific ownership tax on, or tax-equivalent payments with respect14 | |
119 | + | to, such residences occupied by such persons; subject to the additional15 | |
120 | + | qualification requirements of this section; INDIVIDUALS; OR16 | |
121 | + | (II) H | |
122 | + | EAT OR FUEL EXPENSES FOR RESIDENCES OCCUPIED BY SUCH17 | |
123 | + | INDIVIDUALS.18 | |
124 | + | (b) (I) Spouses are treated as jointly qualifying for the grant under19 | |
58 | 125 | paragraph (a) of this subsection (1) | |
59 | - | SUBSECTION (1)(a) OF THIS | |
60 | - | either spouse meets the age requirement and they jointly meet all | |
61 | - | limitations of subsection (3) of this section. In all cases spouses must | |
62 | - | one joint claim. | |
126 | + | SUBSECTION (1)(a) OF THIS SECTION20 | |
127 | + | if either spouse meets the age requirement and they jointly meet all the21 | |
128 | + | 1268-3- limitations of subsection (3) of this section. In all cases spouses must file1 | |
129 | + | one joint claim.2 | |
63 | 130 | (II) A surviving spouse | |
64 | - | WHO IS fifty-eight years of age or older shallbe treated as qualifying QUALIFIES for the grant under paragraph (a) of this | |
65 | - | subsection (1) SUBSECTION (1)(a) OF THIS SECTION if such THE surviving | |
66 | - | spouse meets all the limitations imposed by subsection (3) of this section. | |
131 | + | WHO IS fifty-eight years of age or older3 | |
132 | + | shall be treated as qualifying | |
133 | + | QUALIFIES for the grant under paragraph (a)4 | |
134 | + | of this subsection (1) SUBSECTION (1)(a) OF THIS SECTION if such THE5 | |
135 | + | surviving spouse meets all the limitations imposed by subsection (3) of6 | |
136 | + | this section.7 | |
67 | 137 | (c) (I) B | |
68 | - | EFORE JANUARY 1, 2025, the grant authorized by | |
69 | - | shall | |
70 | - | IS also be allowed to individuals having resided in this | |
71 | - | entire taxable year and coming within the limitations imposed | |
72 | - | (3) of this section who, regardless of age, have a | |
73 | - | taxable year to a degree sufficient to qualify for | |
74 | - | benefits from any bona fide public or private | |
75 | - | upon such disability. | |
138 | + | EFORE JANUARY 1, 2025, the grant authorized by this8 | |
139 | + | section shall | |
140 | + | IS also be allowed to individuals having resided in this state9 | |
141 | + | for the entire taxable year and coming within the limitations imposed by10 | |
142 | + | subsection (3) of this section who, regardless of age, have a disability11 | |
143 | + | during the entire taxable year to a degree sufficient to qualify for the12 | |
144 | + | payment to them of full benefits from any bona fide public or private plan13 | |
145 | + | or source based solely upon such disability.14 | |
76 | 146 | (III) T | |
77 | - | HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE | |
78 | - | ||
79 | - | ||
80 | - | ( | |
81 | - | ||
82 | - | ||
83 | - | ||
84 | - | , AN INDIVIDUAL OR SPOUSES MAY CLAIM THE GRANT | |
85 | - | SUBSECTIONS | |
86 | - | ||
147 | + | HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE DECEMBER15 | |
148 | + | 31, | |
149 | + | 2030.16 | |
150 | + | (d) (I) Eligibility under more than one provision of this subsection17 | |
151 | + | (1) shall not operate to | |
152 | + | DOES NOT increase the amount of any grant18 | |
153 | + | available to an individual or spouses under subsection (2) of this section;19 | |
154 | + | EXCEPT THAT, AN INDIVIDUAL OR SPOUSES MAY CLAIM THE GRANT UNDER20 | |
155 | + | BOTH SUBSECTIONS (1)(a)(I) AND (1)(a)(II) OF THIS SECTION, IF21 | |
156 | + | APPLICABLE.22 | |
87 | 157 | (II) T | |
88 | - | HIS SUBSECTION (1)(d) IS REPEALED, EFFECTIVE DECEMBER 31, | |
89 | - | 2030. | |
158 | + | HIS SUBSECTION (1)(d) IS REPEALED, EFFECTIVE DECEMBER23 | |
159 | + | 31, | |
160 | + | 2030.24 | |
90 | 161 | (1.5) (a) T | |
91 | - | HE GRANT SET FORTH IN SUBSECTION (1) OF THIS SECTION | |
92 | - | IS ALLOWED AS FOLLOWS | |
93 | - | : | |
162 | + | HE GRANT SET FORTH IN SUBSECTION (1) OF THIS25 | |
163 | + | SECTION IS ALLOWED AS FOLLOWS:26 | |
94 | 164 | (I) A | |
95 | - | N INDIVIDUAL OR SPOUSES CLAIMING THE GRANT PURSUANT TO | |
96 | - | SUBSECTION | |
97 | - | (1)(a)(I) OR (1)(c) OF THIS SECTION MAY CLAIM THE GRANT IN | |
98 | - | AN AMOUNT SET FORTH IN SUBSECTION | |
99 | - | (2) OF THIS SECTION; | |
165 | + | N INDIVIDUAL OR SPOUSES CLAIMING THE GRANT PURSUANT27 | |
166 | + | 1268 | |
167 | + | -4- TO SUBSECTION (1)(a)(I) OR (1)(c) OF THIS SECTION MAY CLAIM THE1 | |
168 | + | GRANT IN AN AMOUNT SET FORTH IN SUBSECTION (2) OF THIS SECTION;2 | |
100 | 169 | (II) A | |
101 | - | N INDIVIDUAL OR SPOUSES CLAIMING THE GRANT PURSUANT TO | |
102 | - | SUBSECTION | |
103 | - | (1)(a)(II) OF THIS SECTION MAY CLAIM THE GRANT IN AN | |
104 | - | AMOUNT SET FORTH IN SUBSECTION | |
105 | - | (2.1) OF THIS SECTION; AND | |
106 | - | (III) AN INDIVIDUAL OR SPOUSES CLAIMING THE GRANT PURSUANT | |
107 | - | TO BOTH SUBSECTIONS | |
108 | - | (1)(a)(I) AND (1)(a)(II) OF THIS SECTION MAY CLAIM | |
109 | - | THE GRANT IN THE AMOUNT SET FORTH IN SUBSECTION | |
110 | - | (2) OF THIS SECTION | |
111 | - | PLUS THE AMOUNT SET FORTH IN SUBSECTION | |
112 | - | (2.1) OF THIS SECTION. | |
170 | + | N INDIVIDUAL OR SPOUSES CLAIMING THE GRANT PURSUANT3 | |
171 | + | TO SUBSECTION (1)(a)(II) OF THIS SECTION MAY CLAIM THE GRANT IN AN4 | |
172 | + | AMOUNT SET FORTH IN SUBSECTION (2.1) OF THIS SECTION; AND5 | |
173 | + | (III) A | |
174 | + | N INDIVIDUAL OR SPOUSES CLAIMING THE GRANT PURSUANT6 | |
175 | + | TO BOTH SUBSECTIONS (1)(a)(I) AND (1)(a)(II) OF THIS SECTION MAY7 | |
176 | + | CLAIM THE GRANT IN THE AMOUNT SET FORTH IN SUBSECTION (2) OF THIS8 | |
177 | + | SECTION PLUS THE AMOUNT SET FORTH IN SUBSECTION (2.1) OF THIS9 | |
178 | + | SECTION.10 | |
113 | 179 | (b) (I) T | |
114 | - | HE PROVISIONS OF SUBSECTION (1.5)(a) OF THIS SECTION | |
115 | - | APPLY TO AN INDIVIDUAL CLAIMING THE GRANT PURSUANT TO SUBSECTION | |
116 | - | (1)(c) OF THIS SECTION. | |
180 | + | HE PROVISIONS OF SUBSECTION (1.5)(a) OF THIS SECTION11 | |
181 | + | APPLY TO AN INDIVIDUAL CLAIMING THE GRANT PURS UANT TO SUBSECTION12 | |
182 | + | (1)(c) | |
183 | + | OF THIS SECTION.13 | |
117 | 184 | (II) T | |
118 | - | HIS SUBSECTION (1.5)(b) IS REPEALED, EFFECTIVE DECEMBER | |
119 | - | 31, 2030. | |
120 | - | (2) A grant is the amount of the general property taxes actually paid | |
121 | - | on the residence or the amount of taxes actually paid on a mobile home, | |
122 | - | plus any tax-equivalent payments computed pursuant to subsection (4) of | |
123 | - | this section, with respect to the rent of a trailer space during the year for | |
124 | - | which the grant is claimed, the amount of the specific ownership tax | |
125 | - | actually paid on a trailer coach, or the amount of the tax-equivalent | |
126 | - | PAGE 3-HOUSE BILL 24-1268 payments, computed pursuant to subsection (4) of this section, actually | |
127 | - | made during the year for which such grant is claimed, but in no event may | |
128 | - | it exceed: | |
185 | + | HIS SUBSECTION (1.5)(b) IS REPEALED, EFFECTIVE DECEMBER14 | |
186 | + | 31, | |
187 | + | 2030.15 | |
188 | + | (2) A grant is the amount of the general property taxes actually16 | |
189 | + | paid on the residence or the amount of taxes actually paid on a mobile17 | |
190 | + | home, plus any tax-equivalent payments computed pursuant to subsection18 | |
191 | + | (4) of this section, with respect to the rent of a trailer space during the19 | |
192 | + | year for which the grant is claimed, the amount of the specific ownership20 | |
193 | + | tax actually paid on a trailer coach, or the amount of the tax-equivalent21 | |
194 | + | payments, computed pursuant to subsection (4) of this section, actually22 | |
195 | + | made during the year for which such grant is claimed, but in no event may23 | |
196 | + | it exceed:24 | |
129 | 197 | (d) For a grant claimed for the 2019 | |
130 | - | THE 2023 calendar year, either | |
131 | - | seven hundred thirty-five EIGHT HUNDRED SEVENTY-TWO dollars reduced by | |
132 | - | ten percent of the claimant's income over the phase-out amount or the | |
133 | - | PROPERTY TAX flat grant amount, whichever amount is greater. For a grant | |
134 | - | claimed for years commencing on or after January 1, 2020 | |
135 | - | JANUARY 1, | |
136 | - | 2024, either the maximum grant amount allowed under this subsection | |
137 | - | (2)(d) for the prior year, adjusted for inflation and reduced by ten percent | |
138 | - | of the claimant's income over the phase-out amount, or the | |
139 | - | PROPERTY TAX | |
140 | - | flat grant amount, whichever amount is greater. | |
198 | + | THE 2023 calendar year,25 | |
199 | + | either seven hundred thirty-five EIGHT HUNDRED SEVENTY -TWO dollars26 | |
200 | + | reduced by ten percent of the claimant's income over the phase-out27 | |
201 | + | 1268 | |
202 | + | -5- amount or the PROPERTY TAX flat grant amount, whichever amount is1 | |
203 | + | greater. For a grant claimed for years commencing on or after January 1,2 | |
204 | + | 2020 JANUARY 1, 2024, either the maximum grant amount allowed under3 | |
205 | + | this subsection (2)(d) for the prior year, adjusted for inflation and reduced4 | |
206 | + | by ten percent of the claimant's income over the phase-out amount, or the5 | |
207 | + | PROPERTY TAX flat grant amount, whichever amount is greater.6 | |
141 | 208 | (2.1) F | |
142 | - | OR A GRANT CLAIMED FOR THE 2023 CALENDAR YEAR, EITHER | |
143 | - | TWO HUNDRED FORTY DOLLARS REDUCED BY TEN PERCENT OF THE | |
144 | - | CLAIMANT | |
145 | - | 'S INCOME OVER THE PHASE-OUT AMOUNT OR THE HEAT OR FUEL | |
146 | - | EXPENSES FLAT GRANT AMOUNT | |
147 | - | , WHICHEVER AMOUNT IS GREATER . FOR A | |
148 | - | GRANT CLAIMED FOR YEARS COMMENCING ON OR AFTER | |
149 | - | JANUARY 1, 2024, | |
150 | - | EITHER THE MAXIMUM GRANT AMOUNT ALLOWED UNDER THIS SUBSECTION | |
151 | - | (2.1) FOR THE PRIOR YEAR, ADJUSTED FOR INFLATION AND REDUCED BY TEN | |
152 | - | PERCENT OF THE CLAIMANT | |
153 | - | 'S INCOME OVER THE PHASE-OUT AMOUNT, OR | |
154 | - | THE HEAT OR FUEL EXPENSES FLAT GRANT AMOUNT | |
155 | - | , WHICHEVER AMOUNT | |
156 | - | IS GREATER | |
157 | - | . | |
209 | + | OR A GRANT CLAIMED FOR THE 2023 CALENDAR YEAR,7 | |
210 | + | EITHER TWO HUNDRED FORTY DOLLARS REDUCED BY TEN PERCENT OF THE8 | |
211 | + | CLAIMANT'S INCOME OVER THE PHASE-OUT AMOUNT OR THE HEAT OR FUEL9 | |
212 | + | EXPENSES FLAT GRANT AMOUNT , WHICHEVER AMOUNT IS GREATER . FOR10 | |
213 | + | A GRANT CLAIMED FOR YEARS COMMENCING ON OR AFTER JANUARY 1,11 | |
214 | + | 2024, | |
215 | + | EITHER THE MAXIMUM GRANT AMOUNT ALLOWED UNDER THIS12 | |
216 | + | SUBSECTION (2.1) FOR THE PRIOR YEAR, ADJUSTED FOR INFLATION AND13 | |
217 | + | REDUCED BY TEN PERCENT OF THE CLAIMANT 'S INCOME OVER THE14 | |
218 | + | PHASE-OUT AMOUNT, OR THE HEAT OR FUEL EXPENSES FLAT GRANT15 | |
219 | + | AMOUNT, WHICHEVER AMOUNT IS GREATER .16 | |
158 | 220 | (2.5) In 2000 and in every even-numbered year thereafter, the | |
159 | - | finance committees of the senate and the house of representatives shall | |
160 | - | examine the grant amounts and reduction percentages set forth in subsection | |
161 | - | (2) of this section, considering the level of the federal poverty index and | |
162 | - | such other information as is available to the committees, and shall | |
163 | - | determine whether said amounts and percentages should be modified. | |
164 | - | (4) (a) The tax-equivalent amount for persons INDIVIDUALS | |
165 | - | otherwise qualified who paid rent for the right to occupy premises as a | |
166 | - | residence during the taxable year is twenty percent of the actual rent paid | |
221 | + | 17 | |
222 | + | finance committees of the senate and the house of representatives shall18 | |
223 | + | examine the grant amounts and reduction percentages set forth in19 | |
224 | + | subsection (2) of this section, considering the level of the federal poverty20 | |
225 | + | index and such other information as is available to the committees, and21 | |
226 | + | shall determine whether said amounts and percentages should be22 | |
227 | + | modified.23 | |
228 | + | (4) (a) The tax-equivalent amount for persons INDIVIDUALS24 | |
229 | + | otherwise qualified who paid rent for the right to occupy premises as a25 | |
230 | + | residence during the taxable year is twenty percent of the actual rent paid26 | |
167 | 231 | during the taxable year, not including any charge for utilities or food, | |
168 | - | ||
169 | - | ||
170 | - | ||
171 | - | (2) OF THIS SECTION. | |
232 | + | FOR27 | |
233 | + | 1268 | |
234 | + | -6- THE PURPOSES OF CALCULATING THE AMOUNT OF THE GRANT PURSUANT1 | |
235 | + | TO SUBSECTION (2) OF THIS SECTION.2 | |
172 | 236 | (b) To qualify as a tax-equivalent payment | |
173 | - | SET FORTH | |
174 | - | ||
175 | - | a bona fide tenancy or leasing agreement and shall | |
176 | - | ||
177 | - | ||
178 | - | DOES include rent paid for the use of a | |
179 | - | or paid on trailer space if paid as a part of a bona fide tenancy. | |
237 | + | SET FORTH IN3 | |
238 | + | SUBSECTION (4)(a) OF THIS SECTION, rent must have been paid as a part of4 | |
239 | + | a bona fide tenancy or leasing agreement and shall | |
240 | + | DOES not include any5 | |
241 | + | portion of payments made to institutions or facilities commonly known6 | |
242 | + | as nursing homes but shall DOES include rent paid for the use of a mobile7 | |
243 | + | home or paid on trailer space if paid as a part of a bona fide tenancy.8 | |
180 | 244 | (c) F | |
181 | - | OR INDIVIDUALS OTHERWISE QUALIFIED WHO PAID HEAT OR FUEL | |
182 | - | EXPENSES INDIRECTLY AS PART OF THEIR RENTAL PAYMENTS | |
183 | - | , IT IS PRESUMED | |
184 | - | THAT TEN PERCENT OF THE ACTUAL RENT PAID DURING THE TAXABLE YEAR | |
185 | - | WAS FOR HEAT OR FUEL EXPENSES FOR THE PURPOSE OF CALCULATING THE | |
186 | - | AMOUNT OF THE GRANT PURSUANT TO SUBSECTION | |
187 | - | (2.1) OF THIS SECTION. | |
188 | - | F | |
189 | - | OR RENTAL PAYMENTS TO QUALIFY UNDER SUBSECTION (1)(a)(II) OF THIS | |
190 | - | SECTION | |
191 | - | , THEY MUST HAVE BEEN PAID AS A PART OF A BONA FIDE TENANCY | |
192 | - | OR LEASE AGREEMENT | |
193 | - | . RENTAL PAYMENTS MADE TO INSTITUTIONS OR | |
194 | - | FACILITIES COMMONLY KNOWN AS NURSING HOMES DO NOT QUALIFY | |
195 | - | , BUT | |
196 | - | RENTAL PAYMENTS FOR THE USE OF A MOBILE HOME QUALIFY IF PAID AS A | |
197 | - | PART OF A BONA FIDE TENANCY OR LEASE AGREEMENT | |
198 | - | . | |
199 | - | (5) As used in this section: | |
245 | + | OR INDIVIDUALS OTHERWISE QUALIFIED WHO PAID HEAT OR9 | |
246 | + | FUEL EXPENSES INDIRECTLY AS PART OF THEIR RENTAL PAYMENTS , IT IS10 | |
247 | + | PRESUMED THAT TEN PERCENT OF THE ACTUAL RENT PAID DURING THE11 | |
248 | + | TAXABLE YEAR WAS FOR HEAT OR FUEL EXPENSES FOR THE PURPOSE OF12 | |
249 | + | CALCULATING THE AMOUNT OF THE GRANT PURSUANT TO SUBSECTION13 | |
250 | + | (2.1) | |
251 | + | OF THIS SECTION. FOR RENTAL PAYMENTS TO QUALIFY UNDER14 | |
252 | + | SUBSECTION (1)(a)(II) OF THIS SECTION, THEY MUST HAVE BEEN PAID AS15 | |
253 | + | A PART OF A BONA FIDE TE NANCY OR LEASE AGREEMENT . RENTAL16 | |
254 | + | PAYMENTS MADE TO INSTITUTIONS OR FACILITIES COMMONLY KNOWN AS17 | |
255 | + | NURSING HOMES DO NOT QUALIFY , BUT RENTAL PAYMENTS FOR THE USE18 | |
256 | + | OF A MOBILE HOME QUALIFY IF PAID AS A PART OF A BONA FIDE TENANCY19 | |
257 | + | OR LEASE AGREEMENT.20 | |
258 | + | (5) As used in this section:21 | |
200 | 259 | (a) "Flat grant amount" means an amount equal to two hundred | |
201 | - | thirty-eight dollars for the 2019 calendar year, and for each year thereafter | |
202 | - | the amount for the prior year adjusted for inflation. "HEAT OR FUEL | |
203 | - | EXPENSES FLAT GRANT AMOUNT | |
204 | - | " MEANS AN AMOUNT EQUAL TO | |
205 | - | NINETY | |
206 | - | -TWO DOLLARS FOR THE 2023 CALENDAR YEAR, AND FOR EACH YEAR | |
207 | - | THEREAFTER THE AMOUNT FOR THE PRIOR YEAR ADJUSTED FOR INFLATION | |
208 | - | . | |
209 | - | (c) "Maximum eligible income amount" means: | |
210 | - | (I) For an individual, income that is less than or equal to fifteen | |
211 | - | thousand one hundred ninety-two EIGHTEEN THOUSAND TWENTY -SIX dollars | |
212 | - | for the 2019 THE 2023 calendar year and for each year thereafter, the | |
213 | - | amount for the prior year adjusted for inflation; and | |
214 | - | (II) For spouses, income that is less than or equal to twenty thousand | |
215 | - | five hundred eighteen TWENTY-FOUR THOUSAND THREE HUNDRED | |
216 | - | FORTY | |
217 | - | -FIVE dollars for the 2019 | |
218 | - | THE 2023 calendar year and for each year | |
219 | - | thereafter, the amount for the prior year adjusted for inflation. | |
220 | - | (d) "Phase-out amount" means: | |
221 | - | PAGE 5-HOUSE BILL 24-1268 (I) In the case of an individual, an amount equal to eight thousand | |
222 | - | one hundred sixty-nine NINE THOUSAND SIX HUNDRED NINETY -TWO dollars | |
223 | - | for the 2019 THE 2023 calendar year and for each year thereafter, the | |
224 | - | amount for the prior year adjusted for inflation; and | |
225 | - | (II) In the case of spouses, an amount equal to thirteen thousand two | |
226 | - | hundred five FIFTEEN THOUSAND SIX HUNDRED SIXTY -EIGHT dollars for the | |
227 | - | 2019 THE 2023 calendar year and for each year thereafter, the amount for | |
228 | - | the prior year adjusted for inflation. | |
260 | + | 22 | |
261 | + | thirty-eight dollars for the 2019 calendar year, and for each year thereafter23 | |
262 | + | the amount for the prior year adjusted for inflation. "HEAT OR FUEL24 | |
263 | + | EXPENSES FLAT GRANT AMOUNT " MEANS AN AMOUNT EQUAL TO25 | |
264 | + | NINETY-TWO DOLLARS FOR THE 2023 CALENDAR YEAR, AND FOR EACH26 | |
265 | + | YEAR THEREAFTER THE AMOUNT FOR THE PRIOR YEAR ADJUSTED FOR27 | |
266 | + | 1268 | |
267 | + | -7- INFLATION.1 | |
268 | + | (c) "Maximum eligible income amount" means:2 | |
269 | + | (I) For an individual, income that is less than or equal to fifteen3 | |
270 | + | thousand one hundred ninety-two EIGHTEEN THOUSAND TWENTY -SIX4 | |
271 | + | dollars for the 2019 THE 2023 calendar year and for each year thereafter,5 | |
272 | + | the amount for the prior year adjusted for inflation; and6 | |
273 | + | (II) For spouses, income that is less than or equal to twenty7 | |
274 | + | thousand five hundred eighteen TWENTY-FOUR THOUSAND THREE8 | |
275 | + | HUNDRED FORTY-FIVE dollars for the 2019 THE 2023 calendar year and for9 | |
276 | + | each year thereafter, the amount for the prior year adjusted for inflation.10 | |
277 | + | (d) "Phase-out amount" means:11 | |
278 | + | (I) In the case of an individual, an amount equal to eight thousand12 | |
279 | + | one hundred sixty-nine NINE THOUSAND SIX HUNDRED NINETY -TWO13 | |
280 | + | dollars for the 2019 THE 2023 calendar year and for each year thereafter,14 | |
281 | + | the amount for the prior year adjusted for inflation; and15 | |
282 | + | (II) In the case of spouses, an amount equal to thirteen thousand16 | |
283 | + | two hundred five FIFTEEN THOUSAND SIX HUNDRED SIXTY -EIGHT dollars17 | |
284 | + | for the 2019 THE 2023 calendar year and for each year thereafter, the18 | |
285 | + | amount for the prior year adjusted for inflation.19 | |
229 | 286 | (e) "P | |
230 | - | ROPERTY TAX FLAT GRANT AMOUNT " MEANS AN AMOUNT | |
231 | - | EQUAL TO TWO HUNDRED EIGHTY | |
232 | - | -TWO DOLLARS FOR THE 2023 CALENDAR | |
233 | - | YEAR | |
234 | - | , AND FOR EACH YEAR THEREAFTER THE AMOUNT FOR THE PRIOR YEAR | |
235 | - | ADJUSTED FOR INFLATION | |
236 | - | . | |
237 | - | SECTION 2. In Colorado Revised Statutes, 39-31-102, amend | |
238 | - | (1)(a), (2), (3), and (6); and repeal (5) as follows: | |
239 | - | 39-31-102. Procedures to obtain grant - department of revenue | |
287 | + | ROPERTY TAX FLAT GRANT AMOUNT " MEANS AN AMOUNT20 | |
288 | + | EQUAL TO TWO HUNDRED EIGHTY -TWO DOLLARS FOR THE 2023 CALENDAR21 | |
289 | + | YEAR, AND FOR EACH YEAR THEREAFTER THE AMOUNT FOR THE PRIOR22 | |
290 | + | YEAR ADJUSTED FOR INFLATION.23 | |
291 | + | SECTION 2. In Colorado Revised Statutes, 39-31-102, amend24 | |
292 | + | (1)(a), (2), (3), and (6); and repeal (5) as follows:25 | |
293 | + | 39-31-102. Procedures to obtain grant - department of revenue26 | |
240 | 294 | - responsibilities. (1) (a) A grant authorized by section 39-31-101 or | |
241 | - | 39-31-104 shall MUST be paid from the reserve for refunds created by | |
242 | - | section 39-22-622. Payments shall MUST be made on a quarterly basis, with | |
243 | - | the amount of each payment equal to the total amount of the grant divided | |
244 | - | by the number of quarters remaining in the calendar year in which the grant | |
245 | - | is awarded, with the calculation including the quarter in which the grant is | |
246 | - | awarded. Claimants meeting all qualification requirements for an entire | |
247 | - | taxable year shall be | |
248 | - | ARE entitled to a grant allowable pursuant to section | |
249 | - | 39-31-101. or 39-31-104 Grants paid pursuant to this subsection (1) shall | |
250 | - | MUST be included for informational purposes in the general appropriation | |
251 | - | bill or in supplemental appropriation bills for the purpose of complying with | |
252 | - | the limitation on state fiscal year spending imposed by section 20 of article | |
253 | - | X of the state constitution and section 24-77-103. C.R.S. | |
254 | - | (2) The executive director shall prescribe the forms to be used for | |
255 | - | the grants authorized by section 39-31-101 or 39-31-104 AND THE CREDIT | |
256 | - | ALLOWED PURSUANT TO SECTION | |
257 | - | 39-31-104.5 and prepare any instructions | |
258 | - | related to the forms. The executive director may create an electronic form | |
259 | - | to be used in addition to the paper form. If a sales tax refund is allowed for | |
260 | - | any given income tax year in accordance with section 39-22-2002, the | |
261 | - | executive director shall include provisions on the forms to allow qualified | |
262 | - | PAGE 6-HOUSE BILL 24-1268 individuals to apply for the refund pursuant to section 39-22-2003 (5)(c). To | |
263 | - | receive a grant | |
264 | - | OR CREDIT, an individual must claim the grant OR CREDIT on | |
265 | - | the executive director's form. | |
295 | + | 27 | |
296 | + | 1268 | |
297 | + | -8- 39-31-104 shall MUST be paid from the reserve for refunds created by1 | |
298 | + | section 39-22-622. Payments shall MUST be made on a quarterly basis,2 | |
299 | + | with the amount of each payment equal to the total amount of the grant3 | |
300 | + | divided by the number of quarters remaining in the calendar year in which4 | |
301 | + | the grant is awarded, with the calculation including the quarter in which5 | |
302 | + | the grant is awarded. Claimants meeting all qualification requirements for6 | |
303 | + | an entire taxable year shall be ARE entitled to a grant allowable pursuant7 | |
304 | + | to section 39-31-101. or 39-31-104 Grants paid pursuant to this8 | |
305 | + | subsection (1) shall MUST be included for informational purposes in the9 | |
306 | + | general appropriation bill or in supplemental appropriation bills for the10 | |
307 | + | purpose of complying with the limitation on state fiscal year spending11 | |
308 | + | imposed by section 20 of article X of the state constitution and section12 | |
309 | + | 24-77-103. C.R.S.13 | |
310 | + | (2) The executive director shall prescribe the forms to be used for14 | |
311 | + | the grants authorized by section 39-31-101 or 39-31-104 AND THE CREDIT15 | |
312 | + | ALLOWED PURSUANT TO SECTION 39-31-104.5 and prepare any16 | |
313 | + | instructions related to the forms. The executive director may create an17 | |
314 | + | electronic form to be used in addition to the paper form. If a sales tax18 | |
315 | + | refund is allowed for any given income tax year in accordance with19 | |
316 | + | section 39-22-2002, the executive director shall include provisions on the20 | |
317 | + | forms to allow qualified individuals to apply for the refund pursuant to21 | |
318 | + | section 39-22-2003 (5)(c). To receive a grant | |
319 | + | OR CREDIT, an individual22 | |
320 | + | must claim the grant | |
321 | + | OR CREDIT on the executive director's form.23 | |
266 | 322 | (3) (a) If two or more persons | |
267 | - | INDIVIDUALS, other than spouses, | |
268 | - | entitled to a grant authorized by section 39-31-101 or 39-31-104 it | |
269 | - | ALLOWED PURSUANT TO SECTION | |
270 | - | ||
271 | - | ||
272 | - | the | |
273 | - | OR CREDIT for the same residence, | |
274 | - | authorized to determine the proper allocation of | |
275 | - | ||
323 | + | INDIVIDUALS, other than spouses,24 | |
324 | + | are entitled to a grant authorized by section 39-31-101 or 39-31-104 it A25 | |
325 | + | CREDIT ALLOWED PURSUANT TO SECTION 39-31-104.5, THE GRANT OR26 | |
326 | + | CREDIT may be claimed by either or any of such persons meeting the27 | |
327 | + | 1268 | |
328 | + | -9- qualifications therefor THE INDIVIDUALS. When two or more persons1 | |
329 | + | INDIVIDUALS claim the grant OR CREDIT for the same residence, the2 | |
330 | + | executive director is authorized to determine the proper allocation of such3 | |
331 | + | THE grant OR CREDIT.4 | |
276 | 332 | (b) No grant | |
277 | 333 | OR CREDIT received pursuant to this section shall be | |
278 | - | ARTICLE 31 IS treated as income for purposes of determining the eligibility | |
279 | - | of any person INDIVIDUAL for old age pension benefits under article 2 of | |
280 | - | title 26. C.R.S. | |
281 | - | (5) Any person who is claimed as an exemption for purposes of the | |
282 | - | Colorado income tax by any other person for the taxable year shall be | |
283 | - | ineligible for the grant authorized by this section. | |
284 | - | (6) The grant AUTHORIZED BY SECTION 39-31-101 for heat or fuel | |
285 | - | expenses shall in no case NOT exceed the amount of the heat or fuel | |
334 | + | 5 | |
335 | + | ARTICLE 31 IS treated as income for purposes of determining the eligibility6 | |
336 | + | of any person INDIVIDUAL for old age pension benefits under article 2 of7 | |
337 | + | title 26. C.R.S.8 | |
338 | + | (5) Any person who is claimed as an exemption for purposes of9 | |
339 | + | the Colorado income tax by any other person for the taxable year shall be10 | |
340 | + | ineligible for the grant authorized by this section.11 | |
341 | + | (6) The grant | |
342 | + | AUTHORIZED BY SECTION 39-31-101 for heat or fuel12 | |
343 | + | expenses shall in no case | |
344 | + | NOT exceed the amount of the heat or fuel13 | |
286 | 345 | expenses actually paid, and | |
287 | - | A GRANT shall not be made unless | |
288 | - | appropriate form claiming the same is filed with the department | |
289 | - | on or before the expiration of twenty-four months after the | |
290 | - | taxable year for which such credit or refund | |
291 | - | THE GRANT is claimed. | |
292 | - | SECTION 3. In Colorado Revised Statutes, repeal 39-31-104. | |
293 | - | SECTION 4. In Colorado Revised Statutes, add 39-31-104.5 | |
294 | - | follows: | |
295 | - | 39-31-104.5. Tax credit for assistance for individuals with | |
296 | - | disability - tax preference performance statement - | |
346 | + | A GRANT shall not be made unless the14 | |
347 | + | appropriate form claiming the same is filed with the department of15 | |
348 | + | revenue on or before the expiration of twenty-four months after the end16 | |
349 | + | of the taxable year for which such credit or refund | |
350 | + | THE GRANT is claimed.17 | |
351 | + | SECTION 3. In Colorado Revised Statutes, repeal 39-31-104.18 | |
352 | + | SECTION 4. In Colorado Revised Statutes, add 39-31-104.5 as19 | |
353 | + | follows:20 | |
354 | + | 39-31-104.5. Tax credit for assistance for individuals with a21 | |
355 | + | disability - tax preference performance statement - legislative22 | |
297 | 356 | declaration - definitions. (1) (a) T | |
298 | - | HE GENERAL ASSEMBLY FINDS AND | |
299 | - | DECLARES THAT IN ACCORDANCE WITH SECTION | |
300 | - | 39-21-304, THE TAX | |
301 | - | EXPENDITURE CREATED IN THIS SECTION IS INTENDED TO REDUCE NET TAXES | |
302 | - | PAID BY CERTAIN INDIVIDUALS | |
303 | - | . SPECIFICALLY THE TAX EXPENDITURE IS | |
304 | - | INTENDED TO PROVIDE ASSISTANCE THROUGH AN INCOME TAX CREDIT FOR | |
305 | - | PAGE 7-HOUSE BILL 24-1268 INDIVIDUALS WITH A DISABILITY WHO DO NOT HAVE INCOME ABOVE A | |
306 | - | CERTAIN THRESHOLD AMOUNT | |
307 | - | . | |
357 | + | HE GENERAL ASSEMBLY FINDS AND23 | |
358 | + | DECLARES THAT IN ACCORDANCE WITH SECTION 39-21-304, THE TAX24 | |
359 | + | EXPENDITURE CREATED IN THIS SECTION IS INTENDED TO REDUCE NET25 | |
360 | + | TAXES PAID BY CERTAIN INDIVIDUALS . SPECIFICALLY THE TAX26 | |
361 | + | EXPENDITURE IS INTENDED TO PROVIDE ASSISTANCE THROUGH AN INCOME27 | |
362 | + | 1268 | |
363 | + | -10- TAX CREDIT FOR INDIVIDUALS WITH A DISABILITY WHO DO NOT HAVE1 | |
364 | + | INCOME ABOVE A CERTAIN THRESHOLD AMOUNT .2 | |
308 | 365 | (b) T | |
309 | - | HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL | |
310 | - | MEASURE THE EFFECTIVENESS OF THE TAX EXPENDITURE IN ACHIEVING THE | |
311 | - | PURPOSE SPECIFIED IN SUBSECTION | |
312 | - | (1)(a) OF THIS SECTION BASED ON THE | |
313 | - | NUMBER OF TAXPAYERS WHO HAVE CLAIMED THE CREDIT AND THE TOTAL | |
314 | - | AMOUNT OF CREDITS CLAIMED | |
315 | - | . | |
366 | + | HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL3 | |
367 | + | MEASURE THE EFFECTIVENESS OF THE TAX EXPENDITURE IN ACHIEVING4 | |
368 | + | THE PURPOSE SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION BASED ON5 | |
369 | + | THE NUMBER OF TAXPAYERS WHO HAVE CLAIMED THE CREDIT AND THE6 | |
370 | + | TOTAL AMOUNT OF CREDITS CLAIMED .7 | |
316 | 371 | (2) A | |
317 | - | S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE | |
318 | - | REQUIRES | |
319 | - | : | |
372 | + | S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE8 | |
373 | + | REQUIRES:9 | |
320 | 374 | (a) "C | |
321 | - | REDIT" MEANS THE CREDIT AGAINST INCOME TAX THAT IS | |
322 | - | CREATED IN THIS SECTION | |
323 | - | . | |
375 | + | REDIT" MEANS THE CREDIT AGAINST INCOME TAX THAT IS10 | |
376 | + | CREATED IN THIS SECTION.11 | |
324 | 377 | (b) "I | |
325 | - | NFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN THE | |
326 | - | UNITED STATES DEPARTMENT OF LABOR , BUREAU OF LABOR STATISTICS, | |
327 | - | CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS | |
328 | - | AND ALL URBAN CONSUMERS | |
329 | - | , OR ITS SUCCESSOR INDEX. | |
378 | + | NFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN12 | |
379 | + | THE UNITED STATES DEPARTMENT OF LABOR , BUREAU OF LABOR13 | |
380 | + | STATISTICS, CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD14 | |
381 | + | FOR ALL ITEMS AND ALL URBAN CONSUMERS , OR ITS SUCCESSOR INDEX.15 | |
330 | 382 | (c) (I) "Q | |
331 | - | UALIFIED INDIVIDUAL" MEANS A RESIDENT INDIVIDUAL WHO | |
332 | - | HAS A DISABILITY DURING THE ENTIRE INCOME TAX YEAR TO A DEGREE | |
333 | - | SUFFICIENT TO QUALIFY FOR THE PAYMENT TO THE INDIVIDUAL OF FULL | |
334 | - | BENEFITS FROM ANY BONA FIDE PUBLIC OR PRIVATE PLAN OR SOURCE BASED | |
335 | - | SOLELY UPON SUCH DISABILITY | |
336 | - | . | |
383 | + | UALIFIED INDIVIDUAL" MEANS A RESIDENT INDIVIDUAL16 | |
384 | + | WHO HAS A DISABILITY DURING THE ENTIRE INCOME TAX YEAR TO A17 | |
385 | + | DEGREE SUFFICIENT TO QUALIFY FOR THE PAYMENT TO THE INDIVIDUAL OF18 | |
386 | + | FULL BENEFITS FROM ANY BONA FIDE PUBLIC OR PRIVATE PLAN OR SOURCE19 | |
387 | + | BASED SOLELY UPON SUCH DISABILITY .20 | |
337 | 388 | (II) A | |
338 | - | N INDIVIDUAL HAS A DISABILITY FOR PURPOSES OF SUBSECTION | |
339 | - | (2)(c)(I) OF THIS SECTION IF THE INDIVIDUAL IS UNABLE TO ENGAGE IN ANY | |
340 | - | SUBSTANTIAL GAINFUL ACTIVITY BY REASON OF ANY MEDICALLY | |
341 | - | DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT THAT CAN BE EXPECTED | |
342 | - | TO RESULT IN DEATH OR THAT HAS LASTED FOR A CONTINUOUS PERIOD OF | |
343 | - | NOT LESS THAN TWELVE MONTHS | |
344 | - | . | |
389 | + | N INDIVIDUAL HAS A DISABILITY FOR PURPOSES OF21 | |
390 | + | SUBSECTION (2)(c)(I) OF THIS SECTION IF THE INDIVIDUAL IS UNABLE TO22 | |
391 | + | ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY BY REASON OF ANY23 | |
392 | + | MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT THAT CAN24 | |
393 | + | BE EXPECTED TO RESULT IN DEATH OR THAT HAS LASTED FOR A25 | |
394 | + | CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS .26 | |
345 | 395 | (3) F | |
346 | - | OR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY 1, | |
347 | - | 2025, | |
348 | - | A QUALIFIED INDIVIDUAL IS ALLOWED A CREDIT AGAINST THE TAX | |
349 | - | IMPOSED BY ARTICLE | |
350 | - | 22 OF THIS TITLE 39 IN AN AMOUNT SET FORTH IN | |
351 | - | SUBSECTION | |
352 | - | (4) OF THIS SECTION. | |
396 | + | OR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY27 | |
397 | + | 1268 | |
398 | + | -11- 1, 2025, A QUALIFIED INDIVIDUAL IS ALLOWED A CREDIT AGAINST THE TAX1 | |
399 | + | IMPOSED BY ARTICLE 22 OF THIS TITLE 39 IN AN AMOUNT SET FORTH IN2 | |
400 | + | SUBSECTION (4) OF THIS SECTION.3 | |
353 | 401 | (4) (a) T | |
354 | - | HE CREDIT MAY BE CLAIMED IN AN AMOUNT EQUAL TO : | |
355 | - | PAGE 8-HOUSE BILL 24-1268 (I) ONE THOUSAND TWO HUNDRED DOLLARS FOR : | |
402 | + | HE CREDIT MAY BE CLAIMED IN AN AMOUNT EQUAL TO :4 | |
403 | + | (I) O | |
404 | + | NE THOUSAND TWO HUNDRED DOLLARS FOR :5 | |
356 | 405 | (A) A | |
357 | - | QUALIFIED INDIVIDUAL FILING A SINGLE RETURN WHO HAS A | |
358 | - | FEDERAL ADJUSTED GROSS INCOME LESS THAN OR EQUAL TO TEN THOUSAND | |
359 | - | DOLLARS | |
360 | - | ; | |
406 | + | QUALIFIED INDIVIDUAL FILING A SINGLE RETURN WHO HAS6 | |
407 | + | A FEDERAL ADJUSTED GROSS INCOME LESS THAN OR EQUAL TO TEN7 | |
408 | + | THOUSAND DOLLARS;8 | |
361 | 409 | (B) T | |
362 | - | WO QUALIFIED INDIVIDUALS FILING A JOINT RETURN WITH A | |
363 | - | FEDERAL ADJUSTED GROSS INCOME LESS THAN OR EQUAL TO SIXTEEN | |
364 | - | THOUSAND DOLLARS | |
365 | - | ; OR | |
366 | - | (C) A QUALIFIED INDIVIDUAL AND A NONQUALIFIED INDIVIDUAL | |
367 | - | FILING A JOINT RETURN WITH A FEDERAL ADJUSTED GROSS INCOME LESS | |
368 | - | THAN OR EQUAL TO SIXTEEN THOUSAND DOLLARS | |
369 | - | ; | |
410 | + | WO QUALIFIED INDIVIDUALS FILING A JOINT RETURN WITH A9 | |
411 | + | FEDERAL ADJUSTED GROSS INCOME LESS THAN OR E QUAL TO SIXTEEN10 | |
412 | + | THOUSAND DOLLARS; OR11 | |
413 | + | (C) A | |
414 | + | QUALIFIED INDIVIDUAL AND A NONQUALIFIED INDIVIDUAL12 | |
415 | + | FILING A JOINT RETURN WITH A FEDERAL ADJUSTED GROSS INCOME LESS13 | |
416 | + | THAN OR EQUAL TO SIXTEEN THOUSAND DOLLARS ;14 | |
370 | 417 | (II) O | |
371 | - | NE THOUSAND DOLLARS FOR : | |
418 | + | NE THOUSAND DOLLARS FOR :15 | |
372 | 419 | (A) A | |
373 | - | QUALIFIED INDIVIDUAL FILING A SINGLE RETURN WHO | |
374 | - | FEDERAL ADJUSTED GROSS INCOME GREATER THAN TEN | |
375 | - | BUT LESS THAN OR EQUAL TO TWELVE THOUSAND FIVE | |
376 | - | ; | |
420 | + | QUALIFIED INDIVIDUAL FILING A SINGLE RETURN WHO HAS16 | |
421 | + | A FEDERAL ADJUSTED GROSS INCOME GREATER THAN TEN THOUSAND17 | |
422 | + | DOLLARS BUT LESS THAN OR EQUAL TO TWELVE THOUSAND FIVE HUNDRED18 | |
423 | + | DOLLARS;19 | |
377 | 424 | (B) T | |
378 | - | WO QUALIFIED INDIVIDUALS FILING A JOINT RETURN WITH A | |
379 | - | FEDERAL ADJUSTED GROSS INCOME GREATER THAN SIXTEEN THOUSAND | |
380 | - | DOLLARS BUT LESS THAN OR EQUAL TO TWENTY THOUSAND DOLLARS | |
381 | - | ; OR | |
382 | - | (C) A QUALIFIED INDIVIDUAL AND A NONQUALIFIED INDIVIDUAL | |
383 | - | FILING A JOINT RETURN WITH A FEDERAL ADJUSTED GROSS INCOME GREATER | |
384 | - | THAN SIXTEEN THOUSAND DOLLARS BUT LESS THAN OR EQUAL TO TWENTY | |
385 | - | THOUSAND DOLLARS | |
386 | - | ; | |
425 | + | WO QUALIFIED INDIVIDUALS FILING A JOINT RETURN WITH A20 | |
426 | + | FEDERAL ADJUSTED GROSS INCOME GREATER THAN SIXTEEN THOUSAND21 | |
427 | + | DOLLARS BUT LESS THAN OR EQUAL TO TWENTY THOUSAND DOLLARS ; OR22 | |
428 | + | (C) A | |
429 | + | QUALIFIED INDIVIDUAL AND A NONQUALIFIED INDIVIDUAL23 | |
430 | + | FILING A JOINT RETURN WITH A FEDERAL ADJUSTED GROSS INCOME24 | |
431 | + | GREATER THAN SIXTEEN THOUSAND DOLLARS BUT LESS THAN OR EQUAL25 | |
432 | + | TO TWENTY THOUSAND DOLLARS ;26 | |
387 | 433 | (III) E | |
388 | - | IGHT HUNDRED DOLLARS FOR : | |
434 | + | IGHT HUNDRED DOLLARS FOR :27 | |
435 | + | 1268 | |
436 | + | -12- (A) A QUALIFIED INDIVIDUAL FILING A SINGLE RETURN WHO HAS1 | |
437 | + | A FEDERAL ADJUSTED GROSS INCOME GREATER THAN TWELVE THOUSAND2 | |
438 | + | FIVE HUNDRED DOLLARS BUT LESS THAN OR EQUAL TO FIFTEEN THOUSAND3 | |
439 | + | DOLLARS;4 | |
440 | + | (B) T | |
441 | + | WO QUALIFIED INDIVIDUALS FILING A JOINT RETURN WITH A5 | |
442 | + | FEDERAL ADJUSTED GROSS INCOME GREATER THAN TWENTY THOUSAND6 | |
443 | + | DOLLARS BUT LESS THAN OR EQUAL TO TWENTY -FOUR THOUSAND7 | |
444 | + | DOLLARS; OR8 | |
445 | + | (C) A | |
446 | + | QUALIFIED INDIVIDUAL AND A NONQUALIFIED INDIVIDUAL9 | |
447 | + | FILING A JOINT RETURN WITH A FEDERAL ADJUSTED GROSS INCOME10 | |
448 | + | GREATER THAN TWENTY THOUSAND DOLLARS BUT LESS THAN OR EQUAL11 | |
449 | + | TO TWENTY-FOUR THOUSAND DOLLARS ;12 | |
450 | + | (IV) S | |
451 | + | IX HUNDRED DOLLARS FOR:13 | |
452 | + | (A) | |
453 | + | A QUALIFIED INDIVIDUAL FILING A SINGLE RETURN WHO HAS14 | |
454 | + | A FEDERAL ADJUSTED GROSS INCOME GREATER THAN FIFTEEN THOUSAND15 | |
455 | + | DOLLARS BUT LESS THAN OR EQUAL TO SEVENTEEN THOUSAND FIVE16 | |
456 | + | HUNDRED DOLLARS;17 | |
457 | + | (B) T | |
458 | + | WO QUALIFIED INDIVIDUALS FILING A JOINT RETURN WITH A18 | |
459 | + | FEDERAL ADJUSTED GROSS INCOME GREATER THAN TWENTY -FOUR19 | |
460 | + | THOUSAND DOLLARS BUT LESS THAN OR EQUAL TO TWENTY -EIGHT20 | |
461 | + | THOUSAND DOLLARS; OR21 | |
462 | + | (C) A | |
463 | + | QUALIFIED INDIVIDUAL AND A NONQUALIFIED INDIVIDUAL22 | |
464 | + | FILING A JOINT RETURN WITH A FEDERAL ADJUSTED GROSS INCOME23 | |
465 | + | GREATER THAN TWENTY -FOUR THOUSAND DOLLARS BUT LESS THAN OR24 | |
466 | + | EQUAL TO TWENTY-EIGHT THOUSAND DOLLARS ; AND25 | |
467 | + | (V) F | |
468 | + | OUR HUNDRED DOLLARS FOR :26 | |
389 | 469 | (A) A | |
390 | - | QUALIFIED INDIVIDUAL FILING A SINGLE RETURN WHO | |
391 | - | ||
392 | - | ||
393 | - | DOLLARS | |
394 | - | ; | |
470 | + | QUALIFIED INDIVIDUAL FILING A SINGLE RETURN WHO HAS27 | |
471 | + | 1268 | |
472 | + | -13- A FEDERAL ADJUSTED GROSS INCOME GREATER THAN SEVENTEEN1 | |
473 | + | THOUSAND FIVE HUNDRED DOLLARS BUT LESS T HAN OR EQUAL TO TWENTY2 | |
474 | + | THOUSAND DOLLARS;3 | |
395 | 475 | (B) T | |
396 | - | WO QUALIFIED INDIVIDUALS FILING A JOINT RETURN WITH A | |
397 | - | FEDERAL ADJUSTED GROSS INCOME GREATER THAN TWENTY THOUSAND | |
398 | - | DOLLARS BUT LESS THAN OR EQUAL TO TWENTY | |
399 | - | -FOUR THOUSAND DOLLARS ; | |
400 | - | OR | |
401 | - | PAGE 9-HOUSE BILL 24-1268 (C) A QUALIFIED INDIVIDUAL AND A NONQUALIFIED INDIVIDUAL | |
402 | - | FILING A JOINT RETURN WITH A FEDERAL ADJUSTED GROSS INCOME GREATER | |
403 | - | THAN TWENTY THOUSAND DOLLARS BUT LESS THAN OR EQUAL TO | |
404 | - | TWENTY | |
405 | - | -FOUR THOUSAND DOLLARS ; | |
406 | - | (IV) S | |
407 | - | IX HUNDRED DOLLARS FOR: | |
408 | - | (A) | |
409 | - | A QUALIFIED INDIVIDUAL FILING A SINGLE RETURN WHO HAS A | |
410 | - | FEDERAL ADJUSTED GROSS INCOME GREATER THAN FIFTEEN THOUSAND | |
411 | - | DOLLARS BUT LESS THAN OR EQUAL TO SEVENTEEN THOUSAND FIVE | |
412 | - | HUNDRED DOLLARS | |
413 | - | ; | |
414 | - | (B) T | |
415 | - | WO QUALIFIED INDIVIDUALS FILING A JOINT RETURN WITH A | |
416 | - | FEDERAL ADJUSTED GROSS INCOME GREATER THAN TWENTY | |
417 | - | -FOUR | |
418 | - | THOUSAND DOLLARS BUT LESS THAN OR EQUAL TO TWENTY | |
419 | - | -EIGHT | |
420 | - | THOUSAND DOLLARS | |
421 | - | ; OR | |
422 | - | (C) A QUALIFIED INDIVIDUAL AND A NONQUALIFIED INDIVIDUAL | |
423 | - | FILING A JOINT RETURN WITH A FEDERAL ADJUSTED GROSS INCOME GREATER | |
424 | - | THAN TWENTY | |
425 | - | -FOUR THOUSAND DOLLARS BUT LESS THAN OR EQUAL TO | |
426 | - | TWENTY | |
427 | - | -EIGHT THOUSAND DOLLARS ; AND | |
428 | - | (V) FOUR HUNDRED DOLLARS FOR : | |
429 | - | (A) A | |
430 | - | QUALIFIED INDIVIDUAL FILING A SINGLE RETURN WHO HAS A | |
431 | - | FEDERAL ADJUSTED GROSS INCOME GREATER THAN SEVENTEEN THOUSAND | |
432 | - | FIVE HUNDRED DOLLARS BUT LESS THAN OR EQUAL TO TWENTY THOUSAND | |
433 | - | DOLLARS | |
434 | - | ; | |
435 | - | (B) T | |
436 | - | WO QUALIFIED INDIVIDUALS FILING A JOINT RETURN WITH A | |
437 | - | FEDERAL ADJUSTED GROSS INCOME GREATER THAN TWENTY | |
438 | - | -EIGHT | |
439 | - | THOUSAND DOLLARS BUT LESS THAN OR EQUAL TO THIRTY | |
440 | - | -TWO THOUSAND | |
441 | - | DOLLARS | |
442 | - | ; OR | |
443 | - | (C) A QUALIFIED INDIVIDUAL AND A NONQUALIFIED INDIVIDUAL | |
444 | - | FILING A JOINT RETURN WITH A FEDERAL ADJUSTED GROSS INCOME GREATER | |
445 | - | THAN TWENTY | |
446 | - | -EIGHT THOUSAND DOLLARS BUT LESS THAN OR EQUAL TO | |
447 | - | THIRTY | |
448 | - | -TWO THOUSAND DOLLARS . | |
476 | + | WO QUALIFIED INDIVIDUALS FILING A JOINT RETURN WITH A4 | |
477 | + | FEDERAL ADJUSTED GROSS INCOME GREATER THAN TWENTY -EIGHT5 | |
478 | + | THOUSAND DOLLARS BUT LESS THAN OR EQUAL TO THIRTY -TWO6 | |
479 | + | THOUSAND DOLLARS; OR7 | |
480 | + | (C) A | |
481 | + | QUALIFIED INDIVIDUAL AND A NONQUALIFIED INDIVIDUAL8 | |
482 | + | FILING A JOINT RETURN WITH A FEDERAL ADJUSTED GROSS INCOME9 | |
483 | + | GREATER THAN TWENTY -EIGHT THOUSAND DOLLARS BUT LESS THAN OR10 | |
484 | + | EQUAL TO THIRTY-TWO THOUSAND DOLLARS .11 | |
449 | 485 | (b) (I) A | |
450 | - | QUALIFIED INDIVIDUAL WHO FILES A SINGLE RETURN AND | |
451 | - | PAGE 10-HOUSE BILL 24-1268 HAS A FEDERAL ADJUSTED GROSS INCOME GREATER THAN TWENTY | |
452 | - | THOUSAND DOLLARS IS NOT ALLOWED A CREDIT UNDER THIS SECTION | |
453 | - | . | |
486 | + | QUALIFIED INDIVIDUAL WHO FILES A SINGLE RETURN AND12 | |
487 | + | HAS A FEDERAL ADJUSTED GROSS INCOME GREATER THAN TWENTY13 | |
488 | + | THOUSAND DOLLARS IS NOT ALLOWED A CREDIT UNDER THIS SECTION . 14 | |
454 | 489 | (II) T | |
455 | - | WO QUALIFIED INDIVIDUALS, OR A QUALIFIED INDIVIDUAL AND | |
456 | - | A NONQUALIFIED INDIVIDUAL | |
457 | - | , WHO FILE A JOINT RETURN WITH A FEDERAL | |
458 | - | ADJUSTED GROSS INCOME GREATER THAN THIRTY | |
459 | - | -TWO THOUSAND DOLLARS | |
460 | - | ARE NOT ALLOWED A CREDIT UNDER THIS SECTION | |
461 | - | . | |
490 | + | WO QUALIFIED INDIVIDUALS, OR A QUALIFIED INDIVIDUAL15 | |
491 | + | AND A NONQUALIFIED INDIVIDUAL , WHO FILE A JOINT RETURN WITH A16 | |
492 | + | FEDERAL ADJUSTED GROSS INCOME GREATER THAN THIRTY -TWO17 | |
493 | + | THOUSAND DOLLARS ARE NOT ALLOWED A CREDIT UNDER THIS SECTION .18 | |
462 | 494 | (c) (I) T | |
463 | - | HE DEPARTMENT OF REVENUE SHALL ANNUALLY ADJUST FOR | |
464 | - | INFLATION THE CREDIT AMOUNTS SET FORTH IN SUBSECTION | |
465 | - | (4)(a) OF THIS | |
466 | - | SECTION IF CUMULATIVE INFLATION SINCE THE LAST ADJUSTMENT | |
467 | - | , WHEN | |
468 | - | APPLIED TO THE CURRENT CREDIT AMOUNTS | |
469 | - | , RESULTS IN AN INCREASE OF AT | |
470 | - | LEAST TEN DOLLARS WHEN THE ADJUSTED CREDIT AMOUNTS ARE ROUNDED | |
471 | - | TO THE NEAREST TEN DOLLARS | |
472 | - | . | |
495 | + | HE DEPARTMENT OF REVENUE SHALL ANNUALLY ADJUST19 | |
496 | + | FOR INFLATION THE CREDIT AMOUNTS SET FORTH IN SUBSECTION (4)(a) OF20 | |
497 | + | THIS SECTION IF CUMULATIVE INFLATION SINCE THE LAST ADJUSTMENT ,21 | |
498 | + | WHEN APPLIED TO THE CURRENT CREDIT AMOUNTS , RESULTS IN AN22 | |
499 | + | INCREASE OF AT LEAST TEN DOLLARS WHEN THE ADJUSTED CREDIT23 | |
500 | + | AMOUNTS ARE ROUNDED TO THE NEAREST TEN DOLLARS .24 | |
473 | 501 | (II) T | |
474 | - | HE DEPARTMENT OF REVENUE SHALL ANNUALLY ADJUST FOR | |
475 | - | INFLATION THE ADJUSTED GROSS INCOME AMOUNTS SET FORTH IN | |
476 | - | SUBSECTIONS | |
477 | - | (4)(a) AND (4)(b) OF THIS SECTION IF CUMULATIVE INFLATION | |
478 | - | SINCE THE LAST ADJUSTMENT | |
479 | - | , WHEN APPLIED TO THE CURRENT ADJUSTED | |
480 | - | GROSS INCOME AMOUNTS | |
481 | - | , RESULTS IN AN INCREASE OF AT LEAST ONE | |
482 | - | HUNDRED DOLLARS WHEN THE ADJUSTED GROSS INCOME AMOUNTS | |
483 | - | , AS | |
484 | - | ADJUSTED | |
485 | - | , ARE ROUNDED TO THE NEAREST ONE HUNDRED DOLLARS . | |
502 | + | HE DEPARTMENT OF REVENUE SHALL ANNUALLY ADJUST FOR25 | |
503 | + | INFLATION THE ADJUSTED GROSS INCOME AMOUNTS SET FORTH IN26 | |
504 | + | SUBSECTIONS (4)(a) AND (4)(b) OF THIS SECTION IF CUMULATIVE27 | |
505 | + | 1268 | |
506 | + | -14- INFLATION SINCE THE LAST ADJUSTMENT, WHEN APPLIED TO THE CURRENT1 | |
507 | + | ADJUSTED GROSS INCOME AMOUNTS , RESULTS IN AN INCREASE OF AT2 | |
508 | + | LEAST ONE HUNDRED DOLLARS WHEN THE ADJUSTED GROSS INCOME3 | |
509 | + | AMOUNTS, AS ADJUSTED, ARE ROUNDED TO THE NEAREST ONE HUNDRED4 | |
510 | + | DOLLARS.5 | |
486 | 511 | (5) I | |
487 | - | F THE CREDIT EXCEEDS THE INCOME TAXES DUE ON THE | |
488 | - | QUALIFIED INDIVIDUAL | |
489 | - | 'S INCOME, THE AMOUNT OF THE CREDIT NOT USED TO | |
490 | - | OFFSET INCOME TAXES IS NOT CARRIED FORWARD AND MUST BE REFUNDED | |
491 | - | TO THE QUALIFIED INDIVIDUAL | |
492 | - | . | |
512 | + | F THE CREDIT EXCEEDS THE INCOME TAXES DUE ON THE6 | |
513 | + | QUALIFIED INDIVIDUAL'S INCOME, THE AMOUNT OF THE CREDIT NOT USED7 | |
514 | + | TO OFFSET INCOME TAXES IS NOT CARRIED FORWARD AND MUST BE8 | |
515 | + | REFUNDED TO THE QUALIFIED INDIVIDUAL .9 | |
493 | 516 | (6) A | |
494 | - | QUALIFIED INDIVIDUAL WHO CLAIMS THE CREDIT CANNOT IN | |
495 | - | THE SAME TAX YEAR ALSO CLAIM THE GRANT ALLOWED PURSUANT TO | |
496 | - | SECTION | |
497 | - | 39-31-101. | |
517 | + | QUALIFIED INDIVIDUAL WHO CLAIMS THE CREDIT CANNOT IN10 | |
518 | + | THE SAME TAX YEAR ALSO CLAIM THE GRANT ALLOWED PURSUANT TO11 | |
519 | + | SECTION 39-31-101.12 | |
498 | 520 | (7) T | |
499 | - | HE CREDIT RECEIVED PURSUANT TO THIS SECTION IS NOT | |
500 | - | TREATED AS INCOME FOR PURPOSES OF DETERMINING THE ELIGIBILITY OF | |
501 | - | ANY INDIVIDUAL FOR OLD AGE PENSION BENEFITS UNDER ARTICLE | |
502 | - | 2 OF TITLE | |
503 | - | 26. | |
521 | + | HE CREDIT RECEIVED PURSUANT TO THIS SECTION IS NOT13 | |
522 | + | TREATED AS INCOME FOR PURPOSES OF DETERMINING THE ELIGIBILITY OF14 | |
523 | + | ANY INDIVIDUAL FOR OLD AGE PENSION BENEFITS UNDER ARTICLE 2 OF15 | |
524 | + | TITLE 26.16 | |
504 | 525 | (8) N | |
505 | - | OTWITHSTANDING SECTION 39-21-304 (4), THE | |
506 | - | CONTINUES INDEFINITELY | |
507 | - | ||
508 | - | ||
509 | - | SAME MANNER AS OTHER CREDITS AGAINST THE TAX IMPOSED | |
510 | - | 22 OF THIS TITLE 39. | |
511 | - | SECTION 5. In Colorado Revised Statutes, amend 39-31-105 | |
512 | - | follows: | |
513 | - | 39-31-105. Executive director - rule-making - collection | |
514 | - | erroneous payments - waiver. (1) The executive director of | |
515 | - | department of revenue may promulgate rules necessary for | |
526 | + | OTWITHSTANDING SECTION 39-21-304 (4), THE CREDIT17 | |
527 | + | CONTINUES INDEFINITELY.18 | |
528 | + | (9) T | |
529 | + | HE CREDIT ALLOWED BY THIS SECTION IS ADMINISTERED IN19 | |
530 | + | THE SAME MANNER AS OTHER CREDITS AGAINST THE TAX IMPOSED BY20 | |
531 | + | ARTICLE 22 OF THIS TITLE 39.21 | |
532 | + | SECTION 5. In Colorado Revised Statutes, amend 39-31-105 as22 | |
533 | + | follows:23 | |
534 | + | 39-31-105. Executive director - rule-making - collection of24 | |
535 | + | erroneous payments - waiver. (1) The executive director of the25 | |
536 | + | department of revenue may promulgate rules necessary for the26 | |
516 | 537 | administration of this article | |
517 | - | ARTICLE 31. Such rules shall be promulgated | |
518 | - | in accordance with article 4 of title 24. C.R.S. | |
519 | - | (2) If the department of revenue incorrectly pays a grant under | |
520 | - | section 39-31-101 or 39-31-104 as a result of a departmental error, the | |
521 | - | executive director of the department may waive the reimbursement of the | |
522 | - | grant and any related interest or penalties that accrue. | |
523 | - | SECTION 6. In Colorado Revised Statutes, 39-22-120, amend | |
524 | - | (5)(c)(I) as follows: | |
525 | - | 39-22-120. Legislative declaration - state sales tax refund - offset | |
526 | - | against state income tax. (5) (c) (I) Notwithstanding any provision of | |
527 | - | paragraph (b) of this subsection (5) | |
528 | - | SUBSECTION (5)(b) OF THIS SECTION to | |
529 | - | the contrary, a qualified individual as defined in subparagraph (II) or (IV) | |
530 | - | of paragraph (a) of subsection (2) SUBSECTION (2)(a)(II) OR (2)(a)(IV) of | |
531 | - | this section who claims a property tax | |
532 | - | OR HEAT OR FUEL assistance grant | |
533 | - | pursuant to section 39-31-101 or a heat or fuel expenses assistance grantpursuant to section 39-31-104 may claim a refund authorized by this section | |
534 | - | on the assistance grant application form described in section 39-31-102 (2). | |
535 | - | Claiming a refund on such assistance grant application form shall be in lieu | |
536 | - | of claiming the refund on an income tax return pursuant to paragraph (b) of | |
537 | - | this subsection (5) SUBSECTION (5)(b) OF THIS SECTION. Any refund claimed | |
538 | - | pursuant to this paragraph (c) shall SUBSECTION (5)(c) MUST be claimed on | |
539 | - | or before April 15, 1999. | |
540 | - | SECTION 7. In Colorado Revised Statutes, 39-22-2003, amend | |
541 | - | (5)(c)(I) as follows: | |
542 | - | 39-22-2003. State sales tax refund - offset against state income | |
543 | - | PAGE 12-HOUSE BILL 24-1268 tax - qualified individuals. (5) (c) (I) Notwithstanding any provision of | |
544 | - | paragraph (b) of this subsection (5) SUBSECTION (5)(b) OF THIS SECTION to | |
545 | - | the contrary, a qualified individual as defined in subparagraph (II) or (IV) | |
546 | - | of paragraph (a) of subsection (1) SUBSECTION (1)(a)(II) OR (1)(a)(IV) of | |
547 | - | this section who claims a property tax | |
548 | - | OR HEAT OR FUEL assistance grant | |
549 | - | pursuant to section 39-31-101 or a heat or fuel expenses assistance grantpursuant to section 39-31-104 may claim a refund authorized by this section | |
550 | - | on the assistance grant application form described in section 39-31-102 (2). | |
551 | - | Claiming a refund on such assistance grant application form shall be in lieu | |
552 | - | of claiming the refund on an income tax return pursuant to paragraph (b) of | |
553 | - | this subsection (5) SUBSECTION (5)(b) OF THIS SECTION. Any refund claimed | |
554 | - | pursuant to this paragraph (c) SUBSECTION (5)(c) shall be claimed on or | |
555 | - | before April 15 of the calendar year following the tax year for which the | |
556 | - | refund is being claimed. | |
557 | - | SECTION 8. Act subject to petition - effective date. This act | |
558 | - | takes effect at 12:01 a.m. on the day following the expiration of the | |
559 | - | ninety-day period after final adjournment of the general assembly; except | |
560 | - | that, if a referendum petition is filed pursuant to section 1 (3) of article V | |
561 | - | of the state constitution against this act or an item, section, or part of this act | |
562 | - | within such period, then the act, item, section, or part will not take effect | |
563 | - | unless approved by the people at the general election to be held in | |
564 | - | PAGE 13-HOUSE BILL 24-1268 November 2024 and, in such case, will take effect on the date of the official | |
565 | - | declaration of the vote thereon by the governor. | |
566 | - | ____________________________ ____________________________ | |
567 | - | Julie McCluskie Steve Fenberg | |
568 | - | SPEAKER OF THE HOUSE PRESIDENT OF | |
569 | - | OF REPRESENTATIVES THE SENATE | |
570 | - | ____________________________ ____________________________ | |
571 | - | Robin Jones Cindi L. Markwell | |
572 | - | CHIEF CLERK OF THE HOUSE SECRETARY OF | |
573 | - | OF REPRESENTATIVES THE SENATE | |
574 | - | APPROVED________________________________________ | |
575 | - | (Date and Time) | |
576 | - | _________________________________________ | |
577 | - | Jared S. Polis | |
578 | - | GOVERNOR OF THE STATE OF COLORADO | |
579 | - | PAGE 14-HOUSE BILL 24-1268 | |
538 | + | ARTICLE 31. Such rules shall be promulgated27 | |
539 | + | 1268 | |
540 | + | -15- in accordance with article 4 of title 24. C.R.S.1 | |
541 | + | (2) If the department of revenue incorrectly pays a grant under2 | |
542 | + | section 39-31-101 or 39-31-104 as a result of a departmental error, the3 | |
543 | + | executive director of the department may waive the reimbursement of the4 | |
544 | + | grant and any related interest or penalties that accrue.5 | |
545 | + | SECTION 6. In Colorado Revised Statutes, 39-22-120, amend6 | |
546 | + | (5)(c)(I) as follows:7 | |
547 | + | 39-22-120. Legislative declaration - state sales tax refund -8 | |
548 | + | offset against state income tax. (5) (c) (I) Notwithstanding any9 | |
549 | + | provision of paragraph (b) of this subsection (5) SUBSECTION (5)(b) OF10 | |
550 | + | THIS SECTION to the contrary, a qualified individual as defined in11 | |
551 | + | subparagraph (II) or (IV) of paragraph (a) of subsection (2) SUBSECTION12 | |
552 | + | (2)(a)(II) | |
553 | + | OR (2)(a)(IV) of this section who claims a property tax OR HEAT13 | |
554 | + | OR FUEL assistance grant pursuant to section 39-31-101 or a heat or fuel | |
555 | + | 14 | |
556 | + | expenses assistance grant pursuant to section 39-31-104 may claim a15 | |
557 | + | refund authorized by this section on the assistance grant application form16 | |
558 | + | described in section 39-31-102 (2). Claiming a refund on such assistance17 | |
559 | + | grant application form shall be in lieu of claiming the refund on an18 | |
560 | + | income tax return pursuant to paragraph (b) of this subsection (5)19 | |
561 | + | SUBSECTION (5)(b) OF THIS SECTION. Any refund claimed pursuant to this20 | |
562 | + | paragraph (c) shall SUBSECTION (5)(c) MUST be claimed on or before April21 | |
563 | + | 15, 1999.22 | |
564 | + | SECTION 7. In Colorado Revised Statutes, 39-22-2003, amend23 | |
565 | + | (5)(c)(I) as follows:24 | |
566 | + | 39-22-2003. State sales tax refund - offset against state income25 | |
567 | + | tax - qualified individuals. (5) (c) (I) Notwithstanding any provision of26 | |
568 | + | paragraph (b) of this subsection (5) SUBSECTION (5)(b) OF THIS SECTION27 | |
569 | + | 1268 | |
570 | + | -16- to the contrary, a qualified individual as defined in subparagraph (II) or1 | |
571 | + | (IV) of paragraph (a) of subsection (1) SUBSECTION (1)(a)(II) OR2 | |
572 | + | (1)(a)(IV) of this section who claims a property tax | |
573 | + | OR HEAT OR FUEL3 | |
574 | + | assistance grant pursuant to section 39-31-101 or a heat or fuel expenses | |
575 | + | 4 | |
576 | + | assistance grant pursuant to section 39-31-104 may claim a refund5 | |
577 | + | authorized by this section on the assistance grant application form6 | |
578 | + | described in section 39-31-102 (2). Claiming a refund on such assistance7 | |
579 | + | grant application form shall be in lieu of claiming the refund on an8 | |
580 | + | income tax return pursuant to paragraph (b) of this subsection (5)9 | |
581 | + | SUBSECTION (5)(b) OF THIS SECTION. Any refund claimed pursuant to this10 | |
582 | + | paragraph (c) SUBSECTION (5)(c) shall be claimed on or before April 1511 | |
583 | + | of the calendar year following the tax year for which the refund is being12 | |
584 | + | claimed.13 | |
585 | + | SECTION 8. Act subject to petition - effective date. This act14 | |
586 | + | takes effect at 12:01 a.m. on the day following the expiration of the15 | |
587 | + | ninety-day period after final adjournment of the general assembly; except16 | |
588 | + | that, if a referendum petition is filed pursuant to section 1 (3) of article V17 | |
589 | + | of the state constitution against this act or an item, section, or part of this18 | |
590 | + | act within such period, then the act, item, section, or part will not take19 | |
591 | + | effect unless approved by the people at the general election to be held in20 | |
592 | + | November 2024 and, in such case, will take effect on the date of the21 | |
593 | + | official declaration of the vote thereon by the governor.22 | |
594 | + | 1268 | |
595 | + | -17- |