Colorado 2024 Regular Session

Colorado House Bill HB1268 Compare Versions

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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
18 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
1013 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
58125 paragraph (a) of this subsection (1)
59- SUBSECTION (1)(a) OF THIS SECTION if
60-either spouse meets the age requirement and they jointly meet all the
61-limitations of subsection (3) of this section. In all cases spouses must file
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
63130 (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
67137 (c) (I) B
68-EFORE JANUARY 1, 2025, the grant authorized by this section
69-shall
70- IS also be allowed to individuals having resided in this state for the
71-entire taxable year and coming within the limitations imposed by subsection
72-(3) of this section who, regardless of age, have a disability during the entire
73-taxable year to a degree sufficient to qualify for the payment to them of full
74-benefits from any bona fide public or private plan or source based solely
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
76146 (III) T
77-HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE DECEMBER 31,
78-PAGE 2-HOUSE BILL 24-1268 2030.
79-(d) (I) Eligibility under more than one provision of this subsection
80-(1) shall not operate to DOES NOT increase the amount of any grant available
81-to an individual or spouses under subsection (2) of this section;
82-EXCEPT
83-THAT
84-, AN INDIVIDUAL OR SPOUSES MAY CLAIM THE GRANT UNDER BOTH
85-SUBSECTIONS
86- (1)(a)(I) AND (1)(a)(II) OF THIS SECTION, IF APPLICABLE.
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
87157 (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
90161 (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
94164 (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
100169 (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
113179 (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
117184 (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
129197 (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
141208 (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
158220 (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
167231 during the taxable year, not including any charge for utilities or food,
168-FOR
169-THE PURPOSES OF CALCULATING THE AMOUNT OF THE GRANT PURSUANT TO
170-SUBSECTION
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
172236 (b) To qualify as a tax-equivalent payment
173-SET FORTH IN
174-PAGE 4-HOUSE BILL 24-1268 SUBSECTION (4)(a) OF THIS SECTION, rent must have been paid as a part of
175-a bona fide tenancy or leasing agreement and shall DOES not include any
176-portion of payments made to institutions or facilities commonly known as
177-nursing homes but shall
178- DOES include rent paid for the use of a mobile home
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
180244 (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
200259 (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
229286 (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
240294 - 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
266322 (3) (a) If two or more persons
267- INDIVIDUALS, other than spouses, are
268-entitled to a grant authorized by section 39-31-101 or 39-31-104 it A CREDIT
269-ALLOWED PURSUANT TO SECTION
270-39-31-104.5, THE GRANT OR CREDIT may
271-be claimed by either or any of such persons meeting the qualificationstherefor THE INDIVIDUALS. When two or more persons INDIVIDUALS claim
272-the grant
273-OR CREDIT for the same residence, the executive director is
274-authorized to determine the proper allocation of such
275- THE grant OR CREDIT.
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
276332 (b) No grant
277333 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
286345 expenses actually paid, and
287-A GRANT shall not be made unless the
288-appropriate form claiming the same is filed with the department of revenue
289-on or before the expiration of twenty-four months after the end of 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 as
294-follows:
295-39-31-104.5. Tax credit for assistance for individuals with a
296-disability - tax preference performance statement - legislative
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
297356 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
308365 (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
316371 (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
320374 (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
324377 (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
330382 (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
337388 (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
345395 (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
353401 (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
356405 (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
361409 (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
370417 (II) O
371-NE THOUSAND DOLLARS FOR :
418+NE THOUSAND DOLLARS FOR :15
372419 (A) A
373- QUALIFIED INDIVIDUAL FILING A SINGLE RETURN WHO HAS A
374-FEDERAL ADJUSTED GROSS INCOME GREATER THAN TEN THOUSAND DOLLARS
375-BUT LESS THAN OR EQUAL TO TWELVE THOUSAND FIVE HUNDRED DOLLARS
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
377424 (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
387433 (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
389469 (A) A
390- QUALIFIED INDIVIDUAL FILING A SINGLE RETURN WHO HAS A
391-FEDERAL ADJUSTED GROSS INCOME GREATER THAN TWELVE THOUSAND FIVE
392-HUNDRED DOLLARS BUT LESS THAN OR EQUAL TO FIFTEEN THOUSAND
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
395475 (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
449485 (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
454489 (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
462494 (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
473501 (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
486511 (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
493516 (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
498520 (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
504525 (8) N
505-OTWITHSTANDING SECTION 39-21-304 (4), THE CREDIT
506-CONTINUES INDEFINITELY
507-.
508-PAGE 11-HOUSE BILL 24-1268 (9) THE CREDIT ALLOWED BY THIS SECTION IS ADMINISTERED IN THE
509-SAME MANNER AS OTHER CREDITS AGAINST THE TAX IMPOSED BY ARTICLE
510-22 OF THIS TITLE 39.
511-SECTION 5. In Colorado Revised Statutes, amend 39-31-105 as
512-follows:
513-39-31-105. Executive director - rule-making - collection of
514-erroneous payments - waiver. (1) The executive director of the
515-department of revenue may promulgate rules necessary for the
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
516537 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-