Colorado HB 1223 — Modifying Certain Tax Expenditures

Colorado, 2026A. HB 1223: Modifying Certain Tax Expenditures

Plural source record ↗

Official legislative source ↗

Latest action

June 4, 2026 — Governor Signed

Summary

The act creates and allows taxpayers to claim a refundable tax credit, in addition to the child tax credit and the family affordability tax credit, in an amount determined by the amount and age of the taxpayer's children and the taxpayer's income. The total amount of the new tax credit is adjusted annually based on legislative council staff projections, such that the total amount of the new tax credit claimed in an income tax year is projected to be the same as the amount of revenue raised by the repeal of the downloadable software sales and use tax exemption elsewhere in the act.     Beginning January 1, 2027, the act repeals the downloaded software sales and use tax exemption so that all software that is available for repeated sale and license qualifies as tangible property and thus is subject to sales and use tax. The act exempts from sales and use tax downloaded software governed by a negotiable license agreement or developed for use by a particular user.     For each July, August, November, and December in 2027 and 2028, the act allows a qualifying retailer in the food or drink industry to deduct from state net taxable sales the lesser of state net taxable sales or $14,000.     Currently, 15% of the net revenue collected as sales and use tax is credited to the general fund, less 1.655% (allocation percentage), which is credited to the housing development grant fund. Beginning January 1, 2027, and until December 31, 2028, the act reduces the allocation percentage to 1.629%. Beginning January 1, 2029, the allocation percentage is 1.625%.     Beginning July 1, 2026, the act creates a sales and use tax exemption for a retailer selling food or drink (retailer) whose sales of prepared food exceed 25% of the retailer's sales revenue equal to 100% of the price the retailer paid for gas and electricity. A retailer whose sales of prepared food are 25% or less of the retailer's sales revenue is allowed a credit against the sales taxes otherwise due equal to 0.5% of the retailer's prepared food sales revenue.     The repeal of the downloadable software sales and use tax exemption applies to the sale, storage, use, and consumption of tangible personal property on or after January 1, 2027.     Provisions of the act are contingent upon House Bill No. 26-1221 and House Bill No. 26-1222 not becoming law.     For the 2026-27 state fiscal year, the act appropriates $48,326 from the general fund to the department of revenue for tax administration system support and personal services.(Note: This summary applies to this bill as enacted.)

Sponsors

• A. Boesenecker — primary sponsor
• S. Woodrow — primary sponsor
• M. Ball — primary sponsor
• D. Roberts — primary sponsor
• J. Bacon
• K. Brown
• C. Clifford
• M. Duran
• M. Lindsay
• J. McCluskie
• K. McCormick
• K. Nguyen
• N. Ricks
• M. Rutinel
• E. Sirota
• L. Smith
• Y. Zokaie
• J. Amabile
• J. Bridges
• J. Coleman
• L. Cutter
• C. Kipp
• K. Mullica
• M. Weissman

Bill text

Final Act Read version ↗

Rerevised Read version ↗

Revised Read version ↗

Reengrossed Read version ↗

Engrossed Read version ↗

Introduced Read version ↗

Recorded votes

Legislative history

1. February 17, 2026Introduced In House - Assigned to Finance
2. March 9, 2026House Committee on Finance Refer Amended to Appropriations
3. April 28, 2026House Committee on Appropriations Refer Unamended to House Committee of the Whole
4. April 30, 2026House Second Reading Laid Over Daily - No Amendments
5. May 1, 2026House Second Reading Special Order - Passed with Amendments - Committee, Floor
6. May 4, 2026House Third Reading Passed - No Amendments
7. May 4, 2026Introduced In Senate - Assigned to Finance
8. May 7, 2026Senate Committee on Finance Refer Amended to Appropriations
9. May 11, 2026Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
10. May 11, 2026Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
11. May 12, 2026Senate Third Reading Laid Over Daily - No Amendments
12. May 13, 2026Senate Third Reading Passed with Amendments - Floor
13. May 13, 2026House Considered Senate Amendments - Result was to Concur - Repass
14. June 3, 2026Signed by the Speaker of the House
15. June 3, 2026Signed by the President of the Senate
16. June 3, 2026Sent to the Governor
17. June 4, 2026Governor Signed
18. May 13, 2026Senate Third Reading Passed - No Amendments

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