SB 18-265 — Child Care Savings Account Income Tax Benefits
Last action — Senate Committee on Appropriations Postpone Indefinitely
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Section 1 of the bill establishes a child care savings account, which is an account with a financial institution from which an individual uses money to pay a child care facility for the care of a dependent who is less than 6 years old (account). To be eligible to create an account, an individual must have federal taxable income of less than $90,000, or, in the case of individuals filing a joint return, $180,000. A taxpayer may claim a credit that is equal to 10% of the amount that the taxpayer contributes to an account. The maximum credit allowed for an income tax year for a contribution to a single account is $250. A taxpayer may contribute to multiple accounts but cannot claim more than $25,000 of credits in an income tax year. A credit for a contribution to one's own account is refundable. All other credits are not refundable, but unused credits may be carried forward up to 5 years. Money in the account may only be used for payments to the child care facility or bank fees. If an individual uses money for an unauthorized purpose, then any credit given for such amount is subject to recapture in the year it is withdrawn and there is a penalty equal to 10% of the credit recaptured. The department of revenue is required to establish forms that an individual must annually file related to an account. Section 2 allows an account holder to subtract an amount equal to the interest or income earned during the income tax year from the money in an account from his or her federal taxable income.(Note: This summary applies to this bill as introduced.) , Read More
Bill Text
What changed in the latest version
152 added · 139 removedPlain-language change summary
The latest version of SB 18-265 has added clarity to the definition of terms related to child care savings accounts, including specifying what a "beneficiary" is and who qualifies to create such accounts. This change is important because it helps individuals better understand eligibility and the benefits associated with these savings accounts. The clear definitions will aid in ensuring that more families can take advantage of state income tax benefits, potentially providing them with greater financial support for child care needs.
Second Regular Session Seventy-first General Assembly STATE OF COLORADO INTRODUCEDPREAMENDED This Unofficial Version Includes Committee Amendments Not Yet Adopted on Second Reading LLS NO.
18-1261.01 Ed DeCecco x4216 SENATE BILL 18-265 SENATE SPONSORSHIP Hill, HOUSE SPONSORSHIP (None), Senate Committees House Committees State, Veterans, & Military Affairs Finance A BILL FOR AN ACT CONCERNINGC ONCERNING STATE INCOME TAX BENEFITS FOR AMOUNTS CONTRIBUTED TO A CHILD CARE SAVINGS ACCOUNT .
TO SUPPORT FAMILIES WITH YOUNG CHILDREN ,IT IS IMPORTANT TO CREATE A MEANS TO ASSIST WORKING FAMILIES AND ENCOURAGE THEM TO SAVE FOR THEIR CHILD CAREEXPENSES .THEPURPOSEOFTHETAXBENEFITSINTHISSECTIONISTO -2- SB18-265265 HELP WORKING PARENTS AFFORD CHILD CARE .
(2) ASA S USED IN THIS SECTI:N (a) "CILDCAREFACILITY"BENEFICIARY ""MEANS HASTHESAMEMEANINGASSETFORTHA INDEPENDENT SECTIONWHO 39-22-121IS (6.5).LESS THAN SIX YEARS OLD OF AN INDIVIDUAL WHO HAS CREATED A CHILD SAVINGS ACCOUNT .
(b) "CHILD"CHILDCAREFACILITY CARE"HASTHESAMEMEANINGASSETFORTH SAVINGS ACCOUNT " OR"ACCOUNT "MEANS AN ACCOUNT WITH A FINANCIAL INSTITUTION DESIGNATED AS SUCH IN ACCORDANCESECTION39-22-121 WITH(6.5). SUBSECTION (3)OF THIS SECTION.
(c) "REDIT"CHILD CARE SAVINGS ACCOUNT " OR ACCOUNT "MEANS THEAN CREDITACCOUNT AGAINSTWITH INCOMEA TAXFINANCIAL CREATEDINSTITUTION DESIGNATED AS SUCH IN ACCORDANCE WITH SUBSECTION (3)OF THIS SECTION.SECTIO.
(d) "DEPARTMENT"CREDIT"MEANS "THE MEANSCREDIT THEAGAINST DEPARTMENTINCOME OFTAX REVENUECREATED .IN THIS SECTIO.
(e) "FINANCIAL"DEPARTMENT INSTITUTION"MEANS"MEANS ANY STATE BANK ,STATE TRUST COMPANY , SAVINGS AND LOAN ASSOCIATION , FEDERALLY CHARTERED CREDIT UNION DOING BUSINESS IN THE STATE,CREDITDEPARTMENT UNIONOF CHARTEREDREVENUE BY. THE STATE ,NATIONAL BANK ,BROKER -DEALER ,MUTUAL FUND , INSURANCE COMPANY ,OR OTHER SIMILAR FINANCIAL ENTITY QUALIFIED TO DO BUSINESS IN THE STAT.
(3)(f) (a)"FINANCIAL BGINNINGJANUARYINSTITUTION" 1,2020,MEANS ANANY INDIVIDUALSTATE WHOBANK MEETS,STATE THEELIGIBILITYREQUIREMENTSSETFORTHINSUBSECTIONTRUST (3)(bOFTHISCOMPANY SECTION, MAYSAVINGS OPENAND ANLOAN ACCOUNTASSOCIATION WITH, AFEDERALLY FINANCIALCHARTERED INSTITUTIONCREDIT ANDUNION DESIGNATEDOING BUSINESS IN THE ACCOUNTSTAT,CREDIT UNION CHARTERED BY THE STATE ,NATIONAL BANK ,BROKER -DEALER ,MUTUAL FUND , ININSURANCE ITSCOMPANY ENTIRET,AS, AOR CHILDOTHER CARESIMILAR SAVINGSFINANCIAL ACCOUNTENTITY FORQUALIFIED USETO BYDO THEBUSINESS INDIVIDUALIN .THE STAT.
(b)(3) TOBEGINNING BEJANUARY ELIGIBLE1, TO2020,AN CREATEINDIVIDUAL AMAY CHILDOPEN CARE SAVINGS ACCOUN, AN INDIVIDUALACCOUNT SWITH FEDERALA TAXABLEFINANCIAL INCOMEINSTITUTION FORAND THEDESIGNATE INCOME TAX YEAR THAT THE ACCOUNT IS CREATED MUST NOT EXCEED NINETY THOUSAND DOLLARS OR ,IN THEITS CASEENTIRET,AS OF INDIVIDUALS WHO FILE A JOINTCHILD FEDERALCARE RETURNSAVINGS ,ONEHUNDREDEIGHTYTHOUSANDDOLLARS .IFAFTERCREATING THE ACCOUNT ANFOR INDIVIDUALEXCEEDSUSEBYTHEINDIVIDUAL THESE.A ELIGIBILITYAMOUNTSNINDIVIDUALMAYNOTHAVEMORETHANONE ,NOACCOUNT -3-BUT SB18-265MAYJOINTLYOWNANACCOUNT MOREWITHANOTHERPERSONIF DEPOSITSINTHETHEY ACCOUNTFILE AREA ELIGIBLEJOINT FORACREDITINCOME UNDERTHISTAX SECTION.RETUR.
(4) (a) SUBJECTSBJECT TO THE LIMITLIMITATIONS IN SUBSECTIONSUBSECTION(4)(bAND (4)(b)OF-3- THIS265 SECTION,(4)(cOF FORTHIS SECTIO,FOR ANY INCOME TAX YEAR COMMENCING ON OR AFTER JANUARY 1,1,2020,ATAXPAYERISALLOWEDACREDITAGAINSTTHE 2020ATAXIMPOSEDBYTHISARTICLE TAXPAYER22THATISEQUALTOTENPERCENT ISOFTHE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE 22 THAT IS EQUAL TO TEN PERCENT OF THE AMOUNT THE TAXPAYER CONTRIBUTES TO A CHILD CARE SAVINGS ACCOUNT DURING THE INCOME TAX YEAR .
(b) THE(I) MAXIMUMFOR CREDITAN ALLOWEDINDIVIDUAL FORTO ANCLAIM INCOMEA TAXCREDIT YEARFOR FORAA CONTRIBUTION TO AHIS SINGLEOR CHILDCAREHER SAVINGSACCOUNTCHILD ISTWOCARE HUNDREDSAVINGS FIFTYACCOUNT DOLLARS, .THE INDIVIDUAL MUST HAVE:
ATAXPAYER(A) MAYC CONTRIBUTEOMPENSATION DURING THE INCOME TAX YEAR THAT IS SUBJECT TO MULTIPLEWITHHOLDING ACCOUNTSUNDER BUTSECTION39-22-604;AND SHALL(B) NOTFEDERAL CLAIMTAXABLE MOREINCOME FOR THE INCOME TAX YEAR THAT IS LESS THAN TWENTYOR -FIVEEQUAL TO NINETY THOUSAND DOLLARS ,IN THE CASE OF CREDITSINDIVIDUALS UNDERWHO THISFILE SECTIONA FORJOINT ANFEDERAL INCOMERETURN, TAXONE YEA.HUNDRED EIGHTY THOUSAND DOLLARS .
(5)(II) IFAN AEMPLOYER TAXPAYERSHALL CLAIMSNOT THECLAIM A CREDIT FOR A CONTRIBUTION TO HISAN OREMPLOYEE'S HER OWN CHILD CARE SAVINGS ACCOUNT ,THENIF THE AMOUNTEMPLOYEE OFS THEWAGES CREDITFROM THAT EXCEEDS THE TAXPAYEREMPLOYER 'SARE INCOMEGREATER TAXESTHAN DUENINETY ISTHOUSAND REFUNDEDDOLLARS TOFOR THE TAXPAYERINCOME TAX YEAR .
FOR(c) ALLTHE OTHERMAXIMUM TAXPAYERSCREDIT ,ALLOWED IFFOR THE AMOUNTOFACREDITEXCEEDSATAXPAYER SACTUALTAXLIABILITYFOR AN INCOME TAX YEAR ,THEFOR AMOUNTA OFCONTRIBUTION THETOASINGLE CREDITCHILDCARE NOTSAVINGSACCOUNT USEDIS TOTWO OFFSETHUNDREDFIFTYDOLLARS INCOME.ANEMPLOYERMAYCONTRIBUTETOTHECHILD TAXCARESAVINGSACCOUNTSOFMULTIPLEEMPLOYEESBUTSHALLNOTCLAIM LIABILITYMORE FORTHAN THETWENTY INCOMEFIVE TAXTHOUSAND YEARDOLLARS ISOF NOTCREDITS REFUNDEDUNDER TOTHIS THESECTION TAXPAYERFOR .AN INCOME TAX YEAR.
THE(5) TAXPAYERI MAYA CARRYTAXPAYER FORWARDCLAIMS AND APPLY THE UNUSED CREDIT AGAINSTFOR THEA INCOMECONTRIBUTION TAXTO DUEHIS INOR EACHHER OFOWN THECHILD FIVECARE SUCCEEDINGSAVINGS INCOMEACCOUNT,THEN TAXTHE YEARSAMOUNT ,BUTOF THE TAXPAYERCREDIT SHALLTHAT APPLYEXCEEDS THE CREDITTAXPAYER AGAINST'S THE INCOME TAXDUETAXES FORTHEDUE EARLIESTIS OFTHE-4- INCOME265 TAXYEARSPOSSIBLEREFUNDED .ANYAMOUNTOFTHETAXCREDITTHATISNOTUSEDTO AFTERTHE THISTAXPAYER PERIOD. IS NOT REFUNDABL.
(6)FOR (a)ALL FROTHER PURPOSESTAXPAYERS OF,IF THE CREDIT,MONEYAMOUNTOFACREDITEXCEEDSATAXPAYER MAY'SACTUALTAXLIABILITYFOR REMAIN IN A -4- SB18-265 CHILD CARE SAVINGS ACCOUNT FOR AN UNLIMITEDINCOME DURATIONTAX WITHOUTYEAR,THE BEINGAMOUNT SUBJECTOF TO RECAPTURE OR PENALTYANDMAYBE WITHDRAWN BY THE INDIVIDUALCREDIT ANDNOT PAIDUSED TO AOFFSET CHILDINCOME CARETAX FACILITYLIABILITY FOR THE CAREINCOME OFTAX AYEAR DEPENDENTWHOISLESSTHANSIXYEARSOLDORUSEDTOPAYASERVICE FEE THAT IS DEDUCTEDNOT BYREFUNDED TO THE FINANCIALTAXPAYER INSTITUTIO..
(b)HE (I)TAXPAYER IMAY ANCARRY INDIVIDUALFORWARD WITHDRAWSAND MONEYAPPLY FROMTHE HISUNUSED ORCREDIT HERAGAINST CHILDTHE CAREINCOME SAVINGSTAX ACCOUNTDUE ANDIN USESEACH ITOF FORTHE ANYFIVE PURPOSESUCCEEDING OTHERINCOME THANTHOSETAX SPECIFIEDINSUBSECTIONYEARS (6)(a)OFTHISSECTION,BUT ,THENANYTHE CREDITTAXPAYER GIVENSHALL FORAPPLY THE AMOUNTCREDIT WITHDRAWNAGAINST ISTHE SUBJECTINCOME TOTAXDUE RECAPTUREFORTHE ASEARLIEST PART OFTHE INDIVIDUALS INCOME INTAXYEARSPOSSIBLE .A NYAMOUNTOFTHETAXCREDITTHATISNOTUSED AFTER THIS PERIOD IS NOT REFUNDAB.E (6) (a) FR PURPOSES OF THE TAXABLECREDI,MONEY YEARMAY REMAIN IN WHICHA ITCHILD ISCARE SAVINGS ACCOUNT FOR AN UNLIMITED DURATION WITHOUT BEING SUBJECT TO RECAPTURE OR PENALTYANDMAYBE WITHDRAWN ANDBY THERETHE ISINDIVIDUALAND PAID TO A PENALTYCHILD EQUALCARE FACILITY FOR THE CARE OFA BENEFICIARY OR USED TO TENPAY PERCENTA OFSERVICE THEFEE CREDITTHAT RECAPTUREDIS .DEDUCTED BY THE FINANCIAL INSTITUTION.
(II) I THE INDIVIDUAL WHOMUST CREATEDPROVIDE THE CHILDDEPARTMENT CAREWITH SAVINGS ACCOUNT DIES ,THEN ANY CREDITS GIVEN FOR A CONTRIBUTIONBENEFICIARY'S TOTAX THEIDENTIFICATION ACCOUNTNUMBE. ARE SUBJECT TO RECAPTURE IN THE TAXABLE YEAR OF THE DEATH ,BUT NO PENALTY IS DUE TO THE DEPARTMENT.
(III)(b) ATAXPAYER(I) WHOIAN RECEIVESINDIVIDUAL AWITHDRAWS CREDITMONEY FORFROM AHIS CONTRIBUTIONOR TOANOTHERPERSONHER 'SCHILDCARECHILD SAVINGSACCOUNTCARE ISNOTSAVINGS LIABLEACCOUNT AND USES IT FOR ANY PURPOSE OTHER THANTHOSE SPECIFIEDINSUBSECTION (6)(aOFTHISSECTION ,THENANY CREDIT GIVEN FOR THE AMOUNT WITHDRAWN IS SUBJECT TO RECAPTURE AS PART OFTHE INDIVIDUA'S INCOME IN THE TAXABLE YEAR IN WHICH IT IS WITHDRAWN AND THERE IS A PENALTY EQUAL TO TEN PERCENT OF THE CREDIT RECAPTURED OR ANY, PENALTIES IF THE OWNERCREDIT OFTHEWAS ACCOUNTCLAIMED USESBY MONEYANOTHER INPERSON THEINDIVIDUALISSUBJECTTOAPENALTYTHATISEQUALTOTHE AMOUNT OF THE ACCOUNTCREDIT FORGRANTED ANYPLUS PURPOSEAN OTHERAMOUNT THANEQUAL THOSETO SPECIFIEDTEN INPERCENT SUBSECTION(6)(aOFOF THISTHE SECTIO.CREDI.
(c)-5- A265 TAXPAYER(II) ISF NOTTHE ELIGIBLEINDIVIDUAL TOWHO CLAIMCREATED THE CHILD CARE SAVINGS ACCOUNT DIES ,THEN ANY CREDITS GIVEN FOR A CREDITCONTRIBUTION UNDERTO SECTIONTHE 39-22-119ACCOUNT ORARE 39-22-119.5FORSUBJECT MONEYTO PAIDRECAPTURE FROMIN THE CHILDTAXABLE CAREYEAR SAVINGSOF ACCOUNTTHE .DEATH ,BUT NO PENALTY IS DUE TO THE DEPARTMEN.
F(III) AATAXPAYER TAXPAYERWHO CLAIMSRECEIVES A CREDIT UNDERFOR SECTIONA 21CONTRIBUTION OFTOANOTHERPERSON THESCHILDCARE INTERNALSAVINGSACCOUNT REVENUEISNOT CODELIABLE ,ORFOR ANY SUCCESSORRECAPTURE SECTIONOFTHE ,WITHCREDIT MONEYOR FROM AN ACCOUNT THEN ANY CREDITPENALTIES GIVENIF FOR THE AMOUNTOWNER WITHDRAWNOFTHE ISACCOUNT SUBJECTUSES TOMONEY RECAPTUREIN AS PART OF THE -5-ACCOUNT SB18-265FOR INDIVIDUALSANY INCOMEPURPOSE INOTHER THETHAN TAXABLETHOSE YEARSPECIFIED IN WHICHSUBSECTIO(6)(aOF ITTHIS ISSECTIO. WITHDRAWN AND THERE IS A PENALTY EQUAL TO TEN PERCENT OF THE CREDIT RECAPTURED .
(7) TTHE HE DEPARTMENT SHALL ESTABLISH FORMS FOR AN INDIVIDUAL TO ANNUALLY REPORT INFORMATION ABOUT A CHILD CARE SAVINGS ACCOUNT ,INCLUDING BUT NOT LIMITED TO HOW THE MONEY FROM THE ACCOUNT IS USED , AND IDENTIFY ANY SUPPORTING DOCUMENTATION THAT IS REQUIRED TO BE MAINTAINE.TMAINTAINED.TO O BE ELIGIBLE FOR THE CREDIT UNDER THIS SECTIO,AN INDIVIDUAL MUST ANNUALLY FILE WITH HIS OR HER STATE INCOME TAX RETURN THE COMPLETED FORM AND ANY OTHER SUPPORTING DOCUMENTATION THE DEPARTMENT REQUIRES.REQUIRES .
TTHE HE INDIVIDUAL IS RESPONSIBLE FOR MAINTAINING DOCUMENTATION FOR THE ACCOUNT AND FOR ANY USE OF MONEY FROM THE ACCOUNT .
(8) (a) AINANCIAL INSTITUTION IS NOT REQUIRED:TOREQUIRED :O (I) DESIGNATE AN ACCOUNT AS A CHILD CARE SAVINGS ACCOUNT INTHEFINANCIALINSTITUTION'SACCOUNTCONTRACTSORSYSTEMSORININTHEFINANCIALINSTITUTION SACCOUNTCONTRACTSORSYSTEMSORIN ANY OTHER WAY ;
(II) RACKTACK THE USE OF MONEY WITHDRAWN FROM A CHILD CARE SAVINGS ACCOUNT ;OR -6- 265 (III) RPORTEPORT ANY INFORMATION TO THE DEPARTMENT OR ANY OTHER GOVERNMENTAL AGENCY THAT IS NOT OTHERWISE REQUIRED BY LAW .
(I) DETERMINING OR ENSURING THATTHE MONEYFAILURE INOF AAN CHILDACCOUNT CAREOWNER SAVINGSTO ACCOUNTCOMPLY ISWITH USEDTHE FORREQUIREMENTS ANOF ELIGIBLETHIS EXPEN;ORSECTION ,THE ELIGIBILITYOFANACCOUNTOWNERTOCLAIMACREDIT ,ORTHATMONEY INACHILDCARESAVINGSACCOUNTISUSEDFORANELIGIBLEEXPENSE ;OR (II) RPORTING OR REMITTING TAXES OR PENALTIES RELATED TO -6- SB18-265 USE OF MONEY IN A CHILD CARE SAVINGS ACCOUN.
except that, if a -7- 265 referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2018 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
-7--8- SB18-265265
View plain text versions (2)
- PA1 (05/01/2018) View text Current pdf
- Introduced Introduced (04/20/2018) pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Senate Committee on Appropriations Postpone Indefinitely
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Senate Committee on Finance Refer Unamended to Appropriations
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Senate Committee on State, Veterans, & Military Affairs Refer Amended to Finance
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Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Sponsors
- Owen Hill · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 100 not signed on
Sponsors (1)
- Owen Hill
Co-sponsors (0)
None.
Not signed on (100)
100 members have not signed on to this bill.
Show all 100 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does SB 18-265 do?
- Section 1 of the bill establishes a child care savings account, which is an account with a financial institution from which an individual uses money to pay a child care facility for the care of a dependent who is less than 6 years old (account). To be eligible to create an account, an individual must have federal taxable income of less than $90,000, or, in the case of individuals filing a joint return, $180,000. A taxpayer may claim a credit that is equal to 10% of the amount that the taxpayer contributes to an account. The maximum credit allowed for an income tax year for a contribution to a single account is $250. A taxpayer may contribute to multiple accounts but cannot claim more than $25,000 of credits in an income tax year. A credit for a contribution to one's own account is refundable. All other credits are not refundable, but unused credits may be carried forward up to 5 years. Money in the account may only be used for payments to the child care facility or bank fees. If an individual uses money for an unauthorized purpose, then any credit given for such amount is subject to recapture in the year it is withdrawn and there is a penalty equal to 10% of the credit recaptured. The department of revenue is required to establish forms that an individual must annually file related to an account. Section 2 allows an account holder to subtract an amount equal to the interest or income earned during the income tax year from the money in an account from his or her federal taxable income.(Note: This summary applies to this bill as introduced.) , Read More
- Who sponsors SB 18-265?
- SB 18-265 is sponsored by Owen Hill.
- What is the current status of SB 18-265?
- This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 18-265?
- Track SB 18-265 free on One Click Politics — get push/email alerts when it moves.
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