HB 1004 — Sale of Tax Credits
Last action — Governor Signed
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced August 21, 2025. Enacted.
Signed by Governor Jared Polis (Democratic) on August 28, 2025.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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36 sponsors
4 primary, 32 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (22 D · 1 R) — cross-party backing.
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Cleared a recorded vote
Passed 11 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
The act authorizes the department of the treasury (department) to sell insurance premium tax credits to insurance companies that incur state premium tax liability (premium tax credit) and to C corporations that incur state income tax liability (corporate tax credit). The premium tax credit and the corporate tax credit (tax credits) may be offered for sale to insurance companies and C corporations by the department, subject to procedures adopted by the department. The department may contract or consult with an independent third party to manage the sale process, and if it does so, the independent third party must adopt the sale procedures.A qualified taxpayer who purchases a tax credit may claim the tax credit against its premium tax or income tax liability (tax liability), as applicable. The department, in consultation with the office of state planning and budgeting, prior to the sale of a tax credit, may determine the calendar years in which the qualified taxpayer may claim the qualified taxpayer's tax credit against the qualified taxpayer's tax liability. The amount of the tax credit claimed cannot exceed the taxpayer's tax liability for a given year and a tax credit is not refundable. The unused amount carries forward and may be claimed in subsequent years; except that a tax credit cannot be claimed for a tax liability incurred in a taxable year that begins after December 31, 2033. Insurance companies with a qualified home office or regional home office in the state have first priority to purchase premium tax credits.In fiscal year 2025-26, the department is authorized to issue tax credit certificates to qualified taxpayers equal to the lesser of a total face value of up to $125 million or total sales proceeds of up to $100 million, plus any reasonable and necessary administrative, monitoring, and closing costs of the department (closing costs). The minimum proposed tax credit purchase amount must be the greater of either the amount that an independent third party determines to be consistent with market conditions or 80% of the requested dollar amount of tax credits.The act creates the tax credit proceeds cash fund (fund). The proceeds from the issuance of tax credits must be deposited in the fund. Subject to annual appropriation, the department may expend money from the fund for any closing costs associated with implementing and administering the act. Subject to annual appropriation, the department of revenue may expend money from the fund for direct and indirect costs associated with implementing and administering the act. Each month, the state treasurer is required to credit the money generated by the issuance of tax credits to the fund. The department is required to transfer the money in the fund to the general fund, less any amounts used for expenses authorized by the act.For the 2025-26 state fiscal year, the act appropriates $3,173,500 to the department. The appropriation is from the fund and must be used for tax credit administration.APPROVED by Governor August 28, 2025EFFECTIVE August 28, 2025(Note: This summary applies to this bill as enacted.)
Bill Text
What changed in the latest version
345 added · 354 removedPlain-language change summary
The amended bill HB 1004 clarifies that the funds generated from selling insurance premium tax credits will not require the state to incur debt or make future financial commitments. This change is important because it reassures taxpayers that the state is not pledging its credit or revenues for these tax credits, which could impact future budgets. Additionally, the bill emphasizes that using these tax credits does not constitute a change in tax policy that would require voter approval. Overall, these updates aim to provide more financial security and transparency in how the state manages its revenue.
NOTE:HOUSE BILL 25B-l004 BYREPRESENTATIVE(S) StewartR.
ThisandCamacho, billBacon,Boesenecker, hasBrown, beenDuran, preparedEspenoza, forFroelich, theGarcia, signaturesJoseph, ofLieder, theLindsay, appropriateMabrey, legislativeMcCormick, officersSirota, andSmith, theStory, Governor.Titone, Willford, Zokaie, McCluskie, Gilchrist, Woodrow;
To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
HOUSE BILL 25B-1004 BYREPRESENTATIVE(S)StewartR.andCamacho,Bacon,Boesenecker, Brown, Duran, Espenoza, Froelich, Garcia, Joseph, Lieder, Lindsay, Mabrey, McCormick, Sirota, Smith, Story, Titone, Willford, Zokaie, McCluskie, Gilchrist, Woodrow;
CONCERNING AUTHORIZING THE DEPARTMENT OF THE TREASURY TO SELL TAX CREDITS TO QUALIFIED TAXPAYERSTAXPAYERS, ,AND, IN CONNECTION THEREWITH, CREATING AND ,ALLOCATING INTHE CONNECTIONPROCEEDS THEREWITHTO ,CREATINGANDALLOCATINGTHEPROCEEDSTOTHETAXTHETAX CREDIT SALE PROCEEDS CASH FUND AND TRANSFERRING THE PROCEEDS TO THE GENERAL FUND AND MAKING AN APPROPRIATIONAPPROPRIATION. .
Be it enacted by the General Assembly ofofthe the State ofofColorado: Colorado:
SECTION1.SECTION 1.
InColoradoRevisedStatutes,addpart4toarticle36In ofColorado titleRevised Statutes, add pa114 to article 36 oftitle 24 as follows:
PARTPART4 4 SALE OF INSURANCE PREMIUM TAX CREDITS ________ Capital letters or&ritalic bold & italic numbers indicate new material added to existing law;
dashes through words or numbers indicate deletionsdeletionsfrom from existing law andandsuch such material is not part of the act.
Legislativedeclaration-taxpreferenceperformanceLegislative declaration -tax preference performance statement.
(1) HETHE GENERAL ASSEMBLY FINDS AND DECLARES THATTHAT: :
(a) THE INSURANCE PREMIUM TAX CREDITS AUTHORIZED BY THIS PART 4 ARE NOT REFUNDABLE AND DO NOT IMPOSE AN OBLIGATION OF PAYMENT IN ANY FUTURE YEAR ON THE STATESTATE; ;
(b)(b)THE THE USE OF PROCEEDS FROM THE SALE OF INSURANCE PREMIUM TAXCREDITSDOESNOTREQUIRETHESTATETOBORROWMONEYTAX ,EXTENDORCREDITS DOES NOT REQUIRE THE STATETO BORROW MONEY, EXTEND OR PLEDGE THE STATESTATE'S SCREDIT, CREDIT,OROR OBLIGATE THE STATE TO MAKE FUTURE PAYMENTS FROM STATE REVENUEREVENUE; ;
(c)(C)THE THE SALE AND USE OF THE TAX CREDITS SHALL NOT BE DEEMED OR CONSTRUED AS CREATING INDEBTEDNESS OR OTHER FINANCIAL OBLIGATIONWHATSOEVERWITHINTHEMEANINGOFANYPROVISIONOFTHEOBLIGATION STATECONSTITUTIONORTHELAWSOFTHESTATECONCERNINGORLIMITINGWHATSOEVER WITHIN THE CREATIONOFINDEBTEDNESSOROTHERFINANCIALOBLIGATIONBYTHEMEANING OF ANY PROVISION OF THE STATE CONSTITUTION OR THE LAWS OFTHE STATE CONCERNING OR LIMITING THE CREATION OF INDEBTEDNESS OR OTHER FINANCIAL OBLIGATION BY THE STATE;
(d) TTHE HE TAX CREDITS ALLOW AN INSURANCE COMPANY WITH AN INSURANCE PREMIUM TAX LIABILITY TO PREPAY ITS TAX LIABILITY FOR FUTUREYEARS WHICHDOESNOTCONSTITUTEATAXPOLICYCHANGEUNDER SECTION 20 (4)(aOF ARTICLE X OF THE STATE CONSTITUTION;AND (e) A NY PROCEEDS FROM THE SALE OF THE TAX CREDITS WILL BE OFFSET BY DECREASES IN FUTURE REVENUEYEARS, RESULTINGWHICH FROMDOES THE BUYER 'S USE OF THE TAX CREDITS AND THEREFORE WILL NOT CAUSECONSTITUTEATAX APOLICY NETCHANGE TAX REVENUE GAIN UNDER SECTION 20 (4)(a)OF(4)(a) ARTICLEOF XARTICLEX OF THE STATE CONSTITUTIONCONSTITUTION; .
(2)AND (a)(e) INANY ACCORDANCEPROCEEDS WITHFROM SECTIONTHE 39-21-304SALE (1),WHICHOF REQUIRESTHE EACH BILL THAT CREATES A NEW TAX EXPENDITURECREDITS TOWILL INCLUDEBE AOFFSET TAXBY PREFERENCEDECREASES PERFORMANCE STATEMENT AS PART OF A STATUTORY LEGISLATIVE DECLARATION ,THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARESTHATTHEGENERALPURPOSESOFTHETAXCREDITSPROVIDEDFOR IN THISFUTURE PARTREVENUE 4RESULTING AREFROM TOTHE INDUCEBUYER'S CERTAINUSE DESIGNATEDOF BEHAVIORTHE BYTAX TAXPAYERSCREDITS AND PROVIDETHEREFORE A REDUCTION IN INSURANCE PREMIUM TAX LIABILITYFORCERTAINBUSINESSES .SPECIFICALLY,THISTAXEXPENDITURE ISINTENDEDTOINDUCEINSURANCECOMPANIESTOPURCHASETAXCREDITS THAT WILL REDUCENOT THEIRCAUSE FUTUREA INSURANCENET PREMIUM TAX LIABILITYREVENUE INGAIN PAGEUNDER 2-HOUSESECTION BILL20 25B-1004(4)(a) ORDEROF TOARTICLE GENERATEX MONEYOF FOR THE GENERALSTATE FUNDCONSTITUTION. .
(b)(2) T(a) HEIN GENERALACCORDANCE ASSEMBLYWITH ANDSECTION THE39-21-304 STATE(1),WHICH AUDITORREQUIRES SHALLEACH MEASUREBILL THETHAT EFFECTIVENESSCREATES OFA THENEWTAX EXPENDITURE TO INCLUDE A TAX CREDITSPREFERENCE INPERFORMANCE ACHIEVINGSTATEMENT AS PART OF A STATUTORY LEGISLATIVE DECLARATION, THE PURPOSESGENERAL SPECIFIEDASSEMBLY INFURTHER SUBSECTION(2)(aOFFINDS AND DECLARESTHATTHEGENERALPURPOSES OFTHETAX CREDITS PROVIDED FOR IN THIS SECTIONPART BASED4 ONARE THETO NUMBERINDUCE CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS AND VALUEPROVIDE OFTHEA CREDITSCLAIMEDANDTHEREDUCTION TOTALAMOUNTIN OFINSURANCE GENERALPREMIUM FUNDTAX MONEYLIABILITY GENERATEDFORCERTAIN .BUSINESSES.
HESPECIFICALLY, DIVISIONTHIS OFTAX EXPENDITURE IS INTENDED TO INDUCE INSURANCE SHALLCOMPANIES PROVIDETO THEPURCHASE STATETAX AUDITORCREDITS WITHTHAT INFORMATIONWILL REGARDINGREDUCE THETHEIR TOTALFUTURE AMOUNTOFCREDITSCLAIMEDANDTHEGENERALFUNDMONEYGENERATEDINSURANCE .PREMIUM TAX LIABILITY IN P A G E 2-H O U SE B IL L 258-1004 ORDER TO GENERATE MONEY FOR THE GENERAL FUND.
(b) THE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL MEASURE THE EFFECTIVENESS OF THE TAX CREDITS IN ACHIEVING THE PURPOSES SPECIFIED IN SUBSECTION (2)(a) OF THIS SECTION BASED ON THE NUMBER AND VALUE OF THE CREDITS CLAIMED AND THE TOTAL AMOUNT OF GENERAL FUND MONEY GENERATED.
THE DIVISION OF INSURANCE SHALL PROVIDE THE STATE AUDITOR WITH INFORMATION REGARDING THE TOTAL AMOUNTOFCREDITS CLAIMED AND THE GENERAL FUND MONEY GENERATED.
ASA s USED IN THIS PART 4, UNLESS THE CONTEXT OTHERWISE REQUIRESREQUIRES: :
(1) "DEPARTMENT"DEPARTMENT" "MEANSMEANS THE DEPARTMENT OF THE TREASURYTREASURY. .
(2) "DIVISION OF INSURANCE"MEANSINSURANCE" MEANS THE DIVISION OF INSURANCE IN THE DEPARTMENT OF REGULATORY AGENCIES CREATED IN SECTION 10-1-103.
(3) "PREMIUM TAX LIABILITYLIABILITY" "MEANSMEANS THE LIABILITY IMPOSED BY SECTION 10-3-209OR10-3-209 10-6-128OROR ,INTHECASEOFAREPEALORREDUCTION10-6-128, BYTHESTATEOFTHELIABILITYIMPOSEDBYSECTIONOR, INTHECASEOFA REPEAL OR REDUCTION BYTHESTATEOFTHELIABILITY IMPOSEDBYSECTION 10-3-209 OR10-6-128,OR ANYOTHERTAXLIABILITYIMPOSEDUPONANINSURANCE10-6-128, COMPANYBYTHEANY OTHERTAX LIABILITY IMPOSED UPON AN INSURANCE COMPANY BY THE STATE.
(4) "Q"QUALIFIED UALIFIEDTAXPAYER" TAXPAYER " MEANS AN INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN CCOLORADO OLORADO THAT HAS PREMIUM TAX LIABILITYOWINGTOTHESTATEANDTHATPURCHASESATAXCREDITUNDERLIABILITY OWINGTO THE STATE AND THAT PURCHASES ATAX CREDIT UNDER THIS PART 4.
"Q"QUALIFIED UALIFIEDTAXPAYER" TAXPAYER " ALSO INCLUDES AN INSURANCE COMPANY THAT RECEIVES OR ASSUMES A TAX CREDIT TRANSFERRED IN ACCORDANCE WITH SECTION 24-36-403 (7)(e)OR(7)(eOR 24-36-404 (5).
(5) "T"TAX AX CREDIT" MEANS THE TAX CREDIT CREATED IN SECTION 24-36-403.
(6) "TAX CREDIT SALE PROCEEDS"ORPROCEEDS" OR "SALE PROCEEDSPROCEEDS" "MEANSTHEMEANS THE MONEY OR OTHER LIQUID ASSET ACCEPTABLE TO THE STATE TREASURER THATAQUALIFIEDTAXPAYERPAYSTOTHEDEPARTMENTTHATISDEPOSITED IN THE TAX CREDIT SALE PROCEEDS CASH FUND CREATED IN SECTION 24-36-405 (1).
PAGEPA 3-HOUSEG BILLE 3-H O U SE B ILL 25B-1004 24-36-403.
A QUALIFIED TAXPAYER MAY PURCHASE INSURANCE PREMIUM TAX CREDITS FROM THE DEPARTMENT IN ACCORDANCE WITH THIS SECTION AND MAY APPLY THE TAX CREDITS AGAINST ITS PREMIUM TAX LIABILITY IN ACCORDANCE WITH SECTION 24-36-404.24-36-404 .
(2)(2)(a)(I) (a)THE (I) T DEPARTMENT IS AUTHORIZED TO ISSUE TAX CREDIT CERTIFICATES TO QUALIFIED TAXPAYERS PURSUANT TO THIS PART 4AND4 AND PART 5OF5 OF THIS ARTICLE36ARTICLE 36 EQUAL TO THE LESSER OF A TOTAL FACE VALUE OF UP TO ONE HUNDRED TWENTYTWENTY-FIVE FIVE MILLION DOLLARS OR TOTAL SALES PROCEEDS OF UP TO ONE HUNDRED MILLION DOLLARSDOLLARS, , PLUS ANY REASONABLEANDNECESSARYADMINISTRATIVEREASONABLE ,MONITORINGANDNECESSARY ,ANDCLOSINGADMINISTRATIVE, MONITORING, AND CLOSING COSTS.
(II)(II)THE TEDEPARTMENTSHALLFIRSTOFFERFORSALETAXCREDITSTODEPARTMENT SHALL FIRSTOFFER FOR SALETAX CREDITS TO A QUALIFIED TAXPAYER THAT HAS A QUALIFIED HOME OFFICE OR REGIONAL HOME OFFICE IN THIS STATE,ASSTATE, AS DETERMINED BY THE COMMISSIONER OF INSURANCE PURSUANT TO SECTION 10-3-209 (1)(b)(IIAND(l)(b)(IllAND SHALL ISSUE ANYCORRESPONDINGTAXCREDITCERTIFICATESTOAQUALIFIEDTAXPAYERANY PURCHASINGTHETAXCREDITSINACCORDANCEWITHTHISSECTIONBEFORECORRESPONDINGTAX CREDITCERTIFICATES TO A QUALIFIEDTAXPAYER PURCHASING THE TAX CREDITS IN ACCORDANCE WITH THIS SECTION BEFORE OFFERING FOR SALE TAX CREDITS TO ANY OTHER POTENTIAL PURCHASERPURCHASER. .
(b) THEDEPARTMENTMAYCONTRACTWITHANINDEPENDENTTHIRDTHE PARTYTOCONDUCTORCONSULTONABIDDINGPROCESSAMONGQUALIFIEDDEPARTMENT MAY CONTRACT WITH AN INDEPENDENTTHIRD PARTY TO CONDUCT OR CONSULT ON A BIDDING PROCESS AMONG QUALIFIED TAXPAYERS TO PURCHASE THE TAX CREDITSCREDITS. .
(c)(C) THEDEPARTMENTSHALLCONSULTWITHINSURANCECOMPANIESTHE DEPARTMENT SHALLCONSULT WITH INSURANCE COMPANIES IN ADVANCE OF ISSUING ANY TAX CREDITS IN ACCORDANCE WITH THIS SECTION.
(3) AAN N INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN COLORADO SEEKING TO PURCHASE TAX CREDITS MUST APPLY TO THE DEPARTMENT IN THE MANNER PRESCRIBED BY THE DEPARTMENTDEPARTMENT. .
(4) UUSING SING PROCEDURES ADOPTED BY THE DEPARTMENT OROR, , IF APPLICABLE,BYANINDEPENDENTTHIRDPARTYAPPLICABLE, ,EACHINSURANCECOMPANYBY AN INDEPENDENTTHIRD PARTY, EACH INSURANCECOMPANY THAT SUBMITS AN APPLICATION SHALL MAKE A TIMELY AND IRREVOCABLE OFFER, CONTINGENT ONLY ON THE DEPARTMENTDEPARTMENT'S 'S ISSUANCE TO THE INSURANCE COMPANY OF THE TAX CREDIT CERTIFICATESCERTIFICATES, , TO MAKE A PAGEPA 4-HOUSEG BILLE 25B-10044-H O U SE B IL L 25B -1004 SPECIFIED PURCHASE PAYMENT AMOUNT TO THE DEPARTMENT ON DATES SPECIFIEDBYTHEDEPARTMENTSPECIFIEDBYTHEDEPARTMENT, ,WHICHMUSTNOTBURDENANYSINGLETAXWHICHMUSTNOTBURDENANYSINGLETAX YEARYEAR. .
HETHE OFFER MUST INCLUDEINCLUDE: :
(a) THE REQUESTED AMOUNT OF TAX CREDITSCREDITS, ,WHICHWHICH MUST NOT BE LESS THAN ANY MINIMUM AMOUNT ESTABLISHED IN PROCEDURES BY THE DEPARTMENT OROR, ,IFIF APPLICABL,THEAPPLICABLE, THE INDEPENDENT THIRD PARTYPARTY; ;
(b) THE QUALIFIED TAXPAYERTAXPAYER'S S PROPOSED TAX CREDIT PURCHASE AMOUNT FOR EACH TAX CREDIT DOLLAR REQUESTEDREQUESTED. .
Show all 165 changed lines (125 more)
TTHE HE MINIMUM PROPOSED TAX CREDIT PURCHASE AMOUNT MUST BE THE GREATER OF EITHER:
(I) THE PERCENTAGE OF THE REQUESTED DOLLAR AMOUNT OF TAX CREDITS THAT THE DEPARTMENT ANDAND, ,IFIF APPLICABLE,THEAPPLICABLE, INDEPENDENT THIRDPARTYDETERMINESTOBECONSISTENTWITHMARKETCONDITIONSAS OF THE OFFERINDEPENDENT DATE;ORTHIRD (II)PARTY EIGHTYDETERMINES PERCENTTO OFBECONSISTENT THEWITH REQUESTEDMARKETCONDITIONS DOLLARAS AMOUNT OF TAX CREDITS;AND (c) ANYOTHERINFORMATIONTHEDEPARTMENT OR ,IFAPPLICABLE , THE INDEPENDENTOFFER THIRDDATE; PARTY REQUIRES .
(5)OR T(II)EIGHTY HEPERCENT DEPARTMENTOF SHALL PROVIDE WRITTEN NOTICE TO EACH INSURANCECOMPANYTHATSUBMITSANAPPLICATIONINDICATINGWHETHER THE INSURANCEREQUESTED COMPANYDOLLAR HAS BEEN APPROVED AS A PURCHASER OF TAX CREDITS AND ,IF S, THE AMOUNT OF TAX CREDITSCREDITS; ALLOCATED AND THE DATE BY WHICH PAYMENT OF THE TAX CREDIT SALE PROCEEDS MUST BE MADE .
(6)AND O(c) NANY RECEIPTOTHER OFINFORMATION PAYMENT OF THE SALE PROCEEDS , THE DEPARTMENT SHALLOR, ISSUEIF TOAPPLICABLE, EACHTHE QUALIFIEDINDEPENDENT TAXPAYERTHIRD APARTY TAXREQUIRES. CREDIT CERTIFICATE.
(5) THE DEPARTMENT SHALL PROVIDE WRITTEN NOTICE TO EACH INSURANCECOMPANYTHATSUBMITSAN APPLICATION INDICATING WHETHER THE INSURANCE COMPANY HAS BEEN APPROVED AS A PURCHASER OF TAX CREDITS AND, IF SO, THE AMOUNT OF TAX CREDITS ALLOCATED AND THE DATE BY WHICH PAYMENT OF THE TAX CREDIT SALE PROCEEDS MUST BE MADE.
(6) ON RECEIPT OF PAYMENT OF THE SALE PROCEEDS, THE DEPARTMENT SHALL ISSUE TO EACH QUALIFIED TAXPAYER A TAX CREDIT CERTIFICATE.
(a) TTHE HE TOTAL AMOUNT OF PREMIUM TAX CREDITS THAT THE QUALIFIED TAXPAYER MAY CLAIMCLAIM; ;
(b) TTHE HE AMOUNT THAT THE QUALIFIED TAXPAYER HAS PAID OR AGREED TO PAY IN RETURN FOR THE ISSUANCE OF THE TAX CREDIT PAGE 5-HOUSE BILL 25B-1004 CERTIFICATES AND THE DATE OF THE PAYMENTPAYMENT; ;
(c)(c)THE DATES ON WHICH THE DATESONWHICHTHETAX TAXCREDITSWILLBEAVAILABLEFORCREDITS WILL BE AVAILABLE FOR USE BY THE QUALIFIED TAXPAYERTAXPAYER; ;
(d)(d)ANY ANY PENALTIES OR OTHER REMEDIES FOR NONCOMPLIANCENONCOMPLIANCE; ;
(e)(e)THE THE PROCEDURES TO BE USED FOR TRANSFERRINGORTRANSFERRING OR ASSUMING THETAXCREDITSINACCORDANCEWITHSUBSECTIONTHETAXCREDITS (7)(eOFTHISSECTIONIN ACCORDANCE WITH SUBSECTION (7)(e)OFTHIS SECTION OR SECTION 24-36-404 (5);
(f)(f)THE THE SERIAL NUMBER OF THE TAX CREDIT CERTIFICATE;ANDCERTIFICATE; (g) A NY OTHER REQUIREMENTS DEEMED NECESSARY BY THE DEPARTMENT AS A CONDITION OF ISSUING THE TAX CREDIT CERTIFICATE.
(7)AND (a)(g) TANY HEOTHER DEPARTMENTREQUIREMENTS SHALLDEEMED NOTNECESSARY ISSUEBY ATHE TAXDEPARTMENT CREDITAS CERTIFICATETOANYQUALIFIEDTAXPAYERTHATFAILSTOPROVIDETHETAXA CREDITCONDITION SALEOF PROCEEDSISSUING WITHIN THE TIMETAX THECREDIT DEPARTMENTCERTIFICATE. SPECIFIES .
(b)(7) AQUALIFIEDTAXPAYERTHATFAILSTOPROVIDETHETAXCREDIT(a) SALEPROCEEDSWITHINTHETIMETHEDEPARTMENTSPECIFIESISSUBJECTTOTHE APENALTYEQUALTOTENPERCENTOFTHEAMOUNTOFTHEPURCHASEPRICEDEPARTMENT THATSHALL REMAINSNOT UNPAIDISSUE .A TAX CREDIT CERTIFICATETO ANY QUALIFIEDTAXPAYERTHAT FAILSTO PROVIDETHETAX CREDIT SALE PROCEEDS WITHIN THE TIME THE DEPARTMENT SPECIFIES.
THE(b) PENALTYA MUSTQUALIFIEDTAXPAYERTHAT BEFAILS PAID TO THEPROVIDETHETAX DEPARTMENTCREDIT SALE PROCEEDS WITHIN THIRTYTHETIME DAYSTHE AFTERDEPARTMENTSPECIFIES DEMANDIS .SUBJECTTO APENALTYEQUALTOTENPERCENTOFTHEAMOUNTOFTHEPURCHASEPRICE THAT REMAINS UNPAID.
(c) THE DEPARTMENTPENALTY MAYMUST OFFERBE PAID TO REALLOCATE THE DEFAULTEDDEPARTMENT TAXWITHIN CREDITSTHIRTY AMONGDAYS OTHERAFTER QUALIFIEDDEMAND. TAXPAYERS ,SO THAT THE RESULT AFTERREALLOCATIONISTHESAMEASIFTHEINITIALALLOCATIONHADBEEN PERFORMED WITHOUT CONSIDERING THE TAX CREDIT ALLOCATION TO THE DEFAULTING QUALIFIED TAXPAYER .
(d)(c) ITHEREALLOCATIONOFTAXCREDITSUNDERSUBSECTIONTHE (7)(c)DEPARTMENT OFMAY THISOFFER SECTIONTO RESULTSREALLOCATE IN THE PAYMENTDEFAULTED BYTAX ANOTHERCREDITS AMONG OTHER QUALIFIED TAXPAYEROFTHEAMOUNTOFTAXCREDITSALEPROCEEDSNOTPAIDBYTHETAXPAYERS, DEFAULTINGSO QUALIFIEDTHAT TAXPAYERTHE ,THERESULT DEPARTMENTAFTER MAYREALLOCATION WAIVEISTHE SAMEAS IFTHE INITIAL ALLOCATION HAD BEEN PERFORMED WITHOUT CONSIDERING THE PENALTYTAX IMPOSEDCREDIT UNDERALLOCATION SUBSECTIONTO (7)(bOFTHE THISDEFAULTING SECTION.QUALIFIED TAXPAYER.
(e)(d) AIFTHEREALLOCATIONOFTAXCREDITS QUALIFIEDUNDERSUBSECTION TAXPAYER(7)(c) THATOF FAILSTHIS TOSECTION PAYRESULTS IN THE TAXPAYMENT CREDITBY SALEPROCEEDSWITHINTHEANOTHER TIMESPECIFIEDMAYAVOIDTHEIMPOSITIONOFQUALIFIED PAGETAXPAYEROFTHEAMOUNT 6-HOUSEOFTAX BILLCREDIT 25B-1004SALE THEPENALTYBYTRANSFERRINGTHEALLOCATIONOFTAXCREDITSTOANEWPROCEEDS ORNOT EXISTINGPAID BYTHE DEFAULTING QUALIFIED TAXPAYERTAXPAYER, WITHINTHE THIRTYDEPARTMENT DAYSMAY AFTERWAIVE THE DUEPENALTY DATEIMPOSED OFUNDER THESUBSECTION DEFAULTED(7)(b)OF INSTALLMENTTHIS .SECTION.
(e) A NYQUALIFIED TRANSFEREETAXPAYER OFTHAT ANFAILS ALLOCATIONTO OFPAY THE TAX CREDITSCREDIT OFSALE APROCEEDS DEFAULTINGWITHIN QUALIFIEDTHE TAXPAYERTIME UNDERSPECIFIED THISMAY SUBSECTIONAVOID (7)SHALLTHE AGREEIMPOSITION TOOF PAYPA G E 6-H O U SE B ILL 25B-1004 THE TAXPENALTY CREDITBYTRANSFERRINGTHEALLOCATION SALEOFTAX PROCEEDSCREDITSTO ANEW OR EXISTING QUALIFIED TAXPAYER WITHIN FIVETHIRTY DAYS AFTER THE DUE DATE OF THE TRANSFERDEFAULTED .INSTALLMENT.
(8)ANY TTRANSFEREE HEOF TAXAN CREDITALLOCATION SALEOF PROCEEDSTAX PROVIDEDCREDITS BYOF A DEFAULTING QUALIFIED TAXPAYER INUNDER RETURNTHIS FORSUBSECTION A(7)SHALL TAXAGREE CREDITTO CERTIFICATEPAY MUST BE DEPOSITED IN THE TAX CREDIT SALE PROCEEDS CASHWITHIN FUNDFIVE CREATEDDAYS INAFTER SECTIONTHE 24-36-405DATE (1).OF THE TRANSFER.
(9)(8) (a) THE DEPARTMENTTAX SHALLCREDIT PROVIDESALE ,WITHINPROCEEDS THIRTYPROVIDED DAYSBY AFTERA THEQUALIFIED CLOSETAXPAYER OFIN THERETURN FISCALFOR YEARATAX ,ACREDIT DATACERTIFICATE FILEMUST TOBE THEDEPOSITED DIVISIONIN OF INSURANCE AND THE DEPARTMENT OF REVENUE FOR EACH FISCAL YEAR IN WHICH IT ISSUES TAX CREDIT CERTIFICATESSALE PURSUANTPROCEEDS TOCASH THISFUND PART.THECREATED DATAIN FILESECTION MUST24-36-405 INCLUDE(1). :
(I)(9) (a) THE NAMEDEPARTMENT ANDSHALL IDENTIFYINGPROVIDE, NUMBERWITHIN ISSUEDTHIRTY BYDAYS AFTER THE NCLOSE ATIONALOF THE FISCAL YEAR, A SSOCIATIONDATA FILE TO THE DIVISION OF INSURANCE CAND OMMISSIONERSTHE ,DEPARTMENT OROF ANYREVENUE SUCCESSORFOR ORGANIZATIONEACH ,OFEACHQUALIFIEDTAXPAYERTOWHICHTHEDEPARTMENTFISCAL ISSUEDYEAR AIN WHICH IT ISSUES TAX CREDIT CERTIFICATE;CERTIFICATES PURSUANT TO THIS PAR4.THE DATA FILE MUST INCLUDE:
(II)(I) THE TOTALNAME AMOUNTAND OFIDENTIFYING THENUMBER TAXISSUED CREDITBY ALLOCATED TO THE QUALIFIEDNATIONAL TAXPAYERASSOCIATION ;ANDOF (III)INSURANCE HECOMMISSIONERS, SERIALOR NUMBERANY OFSUCCESSOR THEORGANIZATION, TAXOFEACHQUALIFIEDTAXPAYERTO CREDITWHICHTHE CERTIFICATEDEPARTMENT ISSUED TOA THETAX QUALIFIEDCREDIT TAXPAYERCERTIFICATE; .
(b)(II) T HE DEPARTMENT SHALL MAINTAIN RECORDS OF EACH TAX CREDIT CERTIFICATE ISSUED , TRANSFERRED , OR ASSUMED THAT ARE SUFFICIENT TO ALLOW THE DEPARTMENTTOTAL OFAMOUNT REVENUE OR THE DIVISION OF INSURANCE TO VERIFY THE ISSUANCETAX AND OWNERSHIP OF THE CREDIT .THEALLOCATED DEPARTMENT SHALL PROVIDE THE RECORDS TO THE OFFICEQUALIFIED OFTAXPAYER; THE STATE AUDITOR UPON REQUEST SO THAT THE STATE AUDITOR CAN EVALUATE THE EFFECTIVENESS OF THE TAX CREDITS IN ACCORDANCE WITH SECTIONS 24-36-401 (2)(b)AND 39-21-305.
(10) THEDEPARTMENTMAYPAYANINDEPENDENTTHIRDPARTYAND ANY CONSULTANTS REASONABLE AND NECESSARY(III)THE ADMINISTRATIVESERIAL ,NUMBER PAGEOF 7-HOUSETHE BILLTAX 25B-1004CREDIT MONITORINGCERTIFICATE ,ANDISSUED CLOSINGCOSTSUSINGTHETO PROCEEDSFROMTHETHE SALEQUALIFIED OFTAXPAYER. TAX CREDITS.
(b) THE DEPARTMENT SHALL MAINTAIN RECORDS OF EACH TAX CREDIT CERTIFICATE ISSUED, TRANSFERRED, OR ASSUMED THAT ARE SUFFICIENT TO ALLOW THE DEPARTMENT OF REVENUE OR THE DIVISION OF INSURANCE TO VERIFY THE ISSUANCE AND OWNERSHIP OF THE CREDIT.
THE DEPARTMENT SHALL PROVIDE THE RECORDS TO THE OFFICE OF THE STATE AUDITOR UPON REQUEST SO THAT THE STATE AUDITOR CAN EVALUATE THE EFFECTIVENESS OF THE TAX CREDITS IN ACCORDANCE WITH SECTIONS 24-36-401 (2)(b)AND 39-21-305.
(10) THEDEPARTMENTMAYPAYANINDEPENDENTTHIRDPARTYAND ANY CONSULTANTS REASONABLE AND NECESSARY ADMINISTRATIVE, PAGE 7-HOUSE BILL 25B-1004 MONITORING, AND CLOSING COSTS USING THE PROCEEDS FROM THE SALE OF TAX CREDITS.
(1) FOR A TAX CREDIT CERTIFICATE ISSUED IN FISCAL YEA2025-26,THEYEAR DEPARTMENT2025-26, ,INCONSULTATIONWITHTHEOFFICEOFSTATEPLANNINGANDTHE BUDGETINGDEPARTMENT, ,PRIORTOTHEIN SALECONSULTATION ,MAYDETERMINEWITH THE OFFICE OF STATE PLANNING AND BUDGETING, PRIORTO THE SALE, MAY DETERMINE THE CALENDAR YEARSINYEARS IN WHICH THE QUALIFIED TAXPAYER MAY CLAIM THE QUALIFIED TAXPAYERTAXPAYER'S 'S TAX CREDIT AGAINST THE QUALIFIED TAXPAYERTAXPAYER'S SPREMIUMPREMIUM TAX LIABILITY.
(2) THE TOTALCREDITTOTAL TOBECREDIT TO BE APPLIED BY A QUALIFIED TAXPAYER IN ANY ONE YEAR MUST NOT EXCEED THE PREMIUM TAX LIABILITY OF THE QUALIFIEDTAXPAYERFORTHETAXABLEYEARQUALIFIEDTAXPAYER .FTHEQUALIFIEDTAXPAYERFORTHETAXABLE CANNOTYEAR. USE THE ENTIRE AMOUNT OF THE TAX CREDIT FOR THE TAXABLE YEAR IN WHICH THE TAXPAYER IS ELIGIBLE FOR THE CREDIT,THE EXCESS MAY BE CARRIED OVER TO SUCCEEDING TAXABLE YEARS AND USED AS A CREDITAGAINSTTHEPREMIUMTAXLIABILITYOFTHETAXPAYERFORTHOSE TAXABLE YEARS ;EXCEPT THAT THE CREDIT MAY NOT BE CARRIED OVER TO ANYTAXABLEYEARTHATBEGINSAFTER D ECEMBER 31,2033.ANYAMOUNT OF THE CREDIT THAT IS NOT TIMELY CLAIMED EXPIRES AND IS NOT REFUNDABLE .
(3)IFTHE AQUALIFIEDTAXPAYER QUALIFIEDTAXPAYERCLAIMINGCANNOT AUSE THE ENTIRE AMOUNT OF THE TAX CREDIT UNDERFOR THISTHE PARTTAXABLE 4YEAR SHALLIN SUBMITWHICH THE TAXTAXPAYER CREDITIS CERTIFICATEELIGIBLE WITHFOR ITSTHE CREDIT, THE EXCESS MAY BE CARRIED OVER TO SUCCEEDING TAXABLE YEARS AND USED AS A CREDITAGAINST THE PREMIUM TAX RETURN.LIABILITY OF THE TAXPAYER FORTHOSE TAXABLE YEARS;
(4)EXCEPT ATHAT QUALIFIEDTHE TAXPAYERCREDIT CLAIMINGMAY ANOT TAXBE CREDITCARRIED UNDEROVER THISTO PARTANYTAXABLEYEARTHATBEGINSAFTERDECEMBER3 4SHALLNOTl,2033.A BEN REQUIREDTOPAYANYADDITIONALORRETALIATORYY TAXAMOUNT ASOF ATHE RESULTCREDIT OFTHAT CLAIMINGIS THENOT CREDIT.TIMELY CLAIMED EXPIRES AND IS NOT REFUNDABLE.
(5)(3) IAQUALIFIEDTAXPAYERHOLDINGANUNCLAIMEDTAXCREDITA ISQUALIFIED PARTTAXPAYER OFCLAIMING A MERGERCREDIT ,ACQUISITION,UNDER ORTHIS LINEPART OF4 BUSINESSSHALL DIVESTITURESUBMIT TRANSACTION ,THETAXCREDITMAYBETRANSFERREDTOANDASSUMEDBY THE RESULTINGTAX ENTITYCREDIT IFCERTIFICATE THEWITH RESULTINGITS ENTITY IS AN INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN C OLORADO THAT HAS PREMIUM TAX LIABILITY.RETURN.
HE(4) A QUALIFIED TAXPAYER THATCLAIMING ORIGINALLYA PURCHASEDTAX THECREDITANDTHERESULTINGENTITYSHALLNOTIFYTHEDEPARTMENTINCREDIT WRITINGOFTHETRANSFERORASSUMPTIONOFTHECREDITINACCORDANCEUNDER WITHTHIS PROCEDURESPART ADOPTED4 BYSHALL THENOT DEPARTMENTBE .REQUIRED TO PAY ANY ADDITIONAL OR RETALIATORY TAX AS A RESULT OF CLAIMING THE CREDIT.
THE(5) TRANSFERIF ORA ASSUMPTIONOFTHETAXCREDITDOESNOTAFFECTTHETIMESCHEDULEFORQUALIFIED CLAIMINGTAXPAYER THEHOLDING AN UNCLAIMED TAX CREDIT ASIS PROVIDEDPART INOF THISA SECTIONMERGER, PAGEACQUISITION, 8-HOUSEOR BILLLINE 25B-1004OF (6)BUSINESS THEDEPARTMENTSHALLPROVIDEAREPORTTOTHEDIVISIONOFDIVESTITURE INSURANCETRANSACTION, FORTHE EACHTAX FISCALCREDIT YEARMAY INBETRANSFERREDTO WHICHAND ITASSUMED ISSUESBY TAXTHE CREDITRESULTING CERTIFICATESENTITY PURSUANTIF TOTHE THISRESULTING PART4WITHINENTITY THIRTYIS DAYSAN AFTERINSURANCE THECOMPANY CLOSEAUTHORIZED OFTO THEDO FISCALBUSINESS YEARIN HECOLORADO REPORTTHAT MUSTHAS INCLUDEPREMIUM :TAX LIABILITY.
(a)THE TEQUALIFIED NAMETAXPAYER ANDIDENTIFYINGNUMBERISSUEDBYTHETHAT NATIONALORIGINALLY APURCHASED SSOCIATION OF NSURANCE COMMISSIONERS , OR ANY SUCCESSOR ORGANIZATION ,OFEACHQUALIFIEDTAXPAYERTOWHICHTHEDEPARTMENT ISSUED A TAX CREDIT CERTIFICATE (b) THE TOTALCREDITAND AMOUNT OF THE TAXRESULTING CREDITENTITY ALLOCATEDSHALLNOTIFY TO THE QUALIFIEDDEPARTMENT TAXPAYERIN ;ANDWRITING (c)OF THE SERIALTRANSFER NUMBEROR OFASSUMPTION THEOFTHE TAX CREDIT CERTIFICATEIN ISSU,DACCORDANCE TRANSFERREDWITH ,ORASSUMEDTHATISSUFFICIENTTOALLOWTHEDIVISIONOFPROCEDURES INSURANCEINTHEDEPARTMENTOFREGULATORYAGENCIESTOVERIFYTHEADOPTED ISSUANCEBY AND OWNERSHIP OF THE TAXDEPARTMENT. CREDIT.
THE TRANSFER OR ASSUMPTION OF THETAX CREDIT DOES NOTAFFECTTHETIME SCHEDULE FOR CLAIMING THE TAX CREDIT AS PROVIDED IN THIS SECTION.
PA G E 8-H O U SE B ILL 25B -l 004 (6) THE DEPARTMENT SHALL PROVIDE A REPORT TO THE DIVISION OF INSURANCE FOR EACH FISCAL YEAR IN WHICH IT ISSUES TAX CREDIT CERTIFICATES PURSUANT TO THIS PART 4 WITHIN THIRTY DAYS AFTER THE CLOSE OF THE FISCAL YEAR.
THE REPORT MUST INCLUDE:
(a)THE NAME AND IDENTIFYING NUMBER ISSUED BY THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, OR ANY SUCCESSOR ORGANIZATION,OFEACHQUALIFIEDTAXPAYERTOWHICHTHEDEPARTMENT ISSUED A TAX CREDIT CERTIFICATE;
(b) THE TOTAL AMOUNT OF THE TAX CREDIT ALLOCATED TO THE QUALIFIED TAXPAYER;
AND (C) THE SERIAL NUMBER OF THE TAX CREDIT CERTIFICATE ISSUED, TRANSFERRED, OR ASSUMED THAT IS SUFFICIENTTO ALLOW THE DIVISION OF INSURANCE IN THE DEPARTMENT OF REGULATORY AGENCIES TO VERIFY THE ISSUANCE AND OWNERSHIP OF THE TAX CREDIT.
Taxcreditsaleproceedscashfund-creation.(1)Tax THEcreditsale proceeds cash fund -creation.1)THE TAX CREDIT SALE PROCEEDS CASH FUND IS CREATED IN THE STATE TREASURYTREASURY. .THE FUND CONSISTS OFMONEY GENERATED BY SALE PROCEEDS CREDITED TO THE FUND PURSUANT TO SECTION24-36-406AND ANY OTHER MONEYTHAT THE GENERALASSEMBLY MAY APPROPRIATE ORTRANSFERTO THE FUND.
(2)THE TESTATETREASURERSHALLCREDITALLINTERESTANDINCOMEFUND DERIVEDFROMTHEDEPOSITANDINVESTMENTOFMONEYINTHETAXCREDITCONSISTS OF MONEY GENERATED BY SALE PROCEEDS CASHCREDITED TO THE FUND PURSUANT TO SECTION 24-36-406 AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND.
(3)(2) THESTATETREASURERSHALLTRANSFERANYUNEXPENDEDAND UNENCUMBERED MONEY REMAINING IN THE TAXSTATETREASURERSHALLCREDITALL CREDITINTERESTAND SALEINCOME PROCEEDSDERIVED CASHFROM FUND AT THE ENDDEPOSITAND OFINVESTMENTOF AMONEY FISCALINTHETAX YEARCREDIT TOSALE THEPROCEEDS GENERALCASH FUND (4) (a) SUBJECT TO ANNUAL APPROPRIATION BY THE GENERALFUND. ASSEMBLY ,THEDEPARTMENTMAYEXPENDMONEYFROMTHEFUNDFORANY REASONABLEANDNECESSARYADMINISTRATIVE ,MONITORING ,ANDCLOSING COSTSASSOCIATEDWITHIMPLEMENTINGANDADMINISTERINGPARTS 4AND OF THIS ARTIC.E (b) SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL PAGE 9-HOUSE BILL 25B-1004 ASSEMBLY ,THE DEPARTMENT OF REVENUE MAY EXPEND MONEY FROM THE FUND FOR DIRECT AND INDIRECT COSTS ASSOCIATED WITH IMPLEMENTING AND ADMINISTERING PARTS 4 AND 5 OF THIS ARTICL.
(3) THE STATE TREASURER SHALLTRANSFER ANY UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE TAX CREDIT SALE PROCEEDS CASH FUND AT THE END OF A FISCAL YEAR TO THE GENERAL FUND.
(4) (a) SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY, THE DEPARTMENT MAY EXPEND MONEY FROMTHE FUND FORANY REASONABLEANDNECESSARY ADMINISTRATIVE, MONITORING, AND CLOSING COSTS ASSOCIATED WITH IMPLEMENTING AND ADMINISTERING PARTS 4 AND OF THIS ARTICLE.
(b) SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL P A G E 9-H O U SE B ILL 25B-1004 ASSEMBLY, THE DEPARTMENT OF REVENUE MAY EXPEND MONEY FROM THE FUND FOR DIRECT AND INDIRECT COSTS ASSOCIATED WITH IMPLEMENTING AND ADMINISTERING PARTS 4 AND 5 OF THIS ARTICLE.
Distributionofsaleproceeds.ECHMONTHDistribution ,THESTATEofsale TREASURERSHALLCREDITproceedEACH MONTH, THESTATE TREASURER SHALL CREDIT THE MONEYGENERATEDBYTHEMONEY GENERATED BY THE SALE PROCEEDS PURSUANT TO PARTS 4 AND 5OF5 OF THIS ARTICLE36ARTICLE 36 TO THE TAX CREDIT SALE PROCEEDS CASH FUNDFUND. .THE DEPARTMENT SHALL TRANSFER THE MONEY TO THEGENERALFUNDLESSANYAMOUNTSUSEDFORTHEEXPENSESDESCRIBED IN SECTION24-36-405 (4).
THE DEPARTMENT SHALL TRANSFER THE MONEY TO THE GENERAL FUND LESS ANY AMOUNTS USED FORTHE EXPENSES DESCRIBED IN SECTION 24-36-405 (4).
Repeal of part.part.THIS PART 4 IS REPEALED, EFFECTIVE DECEMBER 31, 2040.
TISSECTION PART42. IS REPEALED,EFFECTIVE D ECEMBER 31, 2040.
SECTION2.In Colorado Revised Statutes, add part 5to arti36e oftitle24 as follows:
InColoradoRevisedStatutes,addpart5toarticle36PARTS ofSA titleLE 24O asF follows:C O R PO R A TE TA X C R ED ITS 24-36-501.
PARTLegislativedeclaration- 5tax SALEpreference OFperformance CORPORATEstatement. TAX CREDITS 24-36-501.
Legislativedeclaration-taxpreferenceperformance(1) statement.THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
(1)(a)THE TECORPORATE GENERALTAX ASSEMBLYCREDITS FINDSAUTHORIZED BY THIS PART 5 ARE NOT REFUNDABLE AND DECLARESDO THATNOT :IMPOSE AN OBLIGATION OF PAYMENT IN ANY FUTURE YEAR ON THE STATE;
(a)(b) THE USE OF PROCEEDS FROM THE SALE OF CORPORATE TAX CREDITS AUTHORIZEDDOES BYNOT THISREQUIRE PART5THE ARESTATE NOTREFUNDABLEANDDONOTTO IMPOSEBORROW ANOBLIGATIONOFPAYMENTMONEY, INANYEXTEND FUTUREOR YEARPLEDGE ONTHE STATE'S CREDIT, OR OBLIGATE THE STATE ;TO MAKE FUTURE PAYMENTS FROM STATE REVENUE;
(b) T HE USE OF PROCEEDS FROM THE SALE OF CORPORATE TAX CREDITS DOES NOT REQUIRE THE STATE TO BORROW MONEY ,EXTEND OR PLEDGE THE STATE S CREDIT,OR OBLIGATE THE STATE TO MAKE FUTURE PAYMENTS FROM STATE REVENUE ;
(d) THE TAXCREDITSALLOWACORPORATIONWITHANINCOME TAX PAGECREDITS 10-HOUSEALLOW BILLA 25B-1004CORPORATION LIABILITYWITH TOAN PREPAYINCOME ITS TAX LIABILITYPA FORG FUTUREE YEAR,WHICH10-H DOESO NOTU CONSTITUTESE AB TAXILL POLICY25B-1004 CHANGELIABILITY UNDERTO SECTIONPREPAY 20ITS (4)(a) OF ARTICLE X OF THE STATE CONSTITUTION;AND (e) A NY PROCEEDS FROM THE SALE OF THE TAX CREDITSLIABILITY WILLFOR BE OFFSET BY DECREASES IN FUTURE REVENUEYEARS, RESULTINGWHICH FROMDOES THE BUYER 'S USE OF THE TAX CREDITS AND THEREFORE WILL NOT CAUSECONSTITUTE A NET TAX REVENUEPOLICY GAINCHANGE UNDER SECTION 20 (4)(a)OF(4)(a) OF ARTICLE X OF THE STATE CONSTITUTIONCONSTITUTION; .
(2)AND (a)(e) INANY ACCORDANCEPROCEEDS WITHFROM SECTIONTHE 39-21-304SALE (1),WHICHOF REQUIRESTHE EACHTAX BILLCREDITS THATWILL CREATESBE AOFFSET NEWBY TAXDECREASES EXPENDITUREIN TOFUTURE INCLUDEREVENUE ARESULTING TAXFROM PREFERENCETHE PERFORMANCEBUYER'S STATEMENTUSE AS PART OF ATHE STATUTORYTAX LEGISLATIVECREDITS DECLARATION ,THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARESTHATTHEGENERALPURPOSESOFTHETAXCREDITSPROVIDEDFORTHEREFORE INWILL THISNOT PARTCAUSE 5A ARENET TOTAX INDUCEREVENUE CERTAINGAIN DESIGNATEDUNDER BEHAVIORSECTION BY20 TAXPAYERS(4)(a) ANDOF PROVIDEARTICLE AX REDUCTIONOF INTHE INCOMESTATE TAXCONSTITUTION. LIABILITY FOR CERTAIN BUSINESSES.
SPECIFICALLY,THIS(2) (a) IN ACCORDANCE WITH SECTION 39-21-304 (1),WHICH REQUIRES EACH BILL THAT CREATES A NEW TAX EXPENDITURE ISTO INTENDEDINCLUDE TOINDUCEA CTAX CORPORATIONSTOPURCHASETAXCREDITSTHATWILLREDUCEPREFERENCE THEIRPERFORMANCE FUTURESTATEMENT INCOMEAS TAXPART LIABILITYOF A STATUTORY LEGISLATIVE DECLARATION, THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARESTHATTHEGENERALPURPOSESOFTHETAXCREDITSPROVIDEDFOR IN ORDERTHIS PART 5 ARE TO GENERATEINDUCE MONEYCERTAIN FORDESIGNATED THEBEHAVIOR GENERALBY FUNDTAXPAYERS .AND PROVIDE A REDUCTION IN INCOME TAX LIABILITY FOR CERTAIN BUSINESSES.
(b)SPECIFICALLY, TTHIS HETAX GENERALEXPENDITURE ASSEMBLYIS ANDINTENDED THETO STATEINDUCE AUDITORCCORPORATIONSTO SHALLPURCHASETAX MEASURECREDITSTHAT THEWILL EFFECTIVENESSREDUCE OFTHEIR THEFUTURE INCOME TAX CREDITSLIABILITY IN ACHIEVINGORDER THETO PURPOSESGENERATE SPECIFIED IN SUBSECTION(2)(aOF THIS SECTION BASED ON THE NUMBERANDVALUE OFTHE CREDITSCLAIMED AND THE TOTALAMOUNT OF GENERALFUND MONEY GENERATEDFOR .THE DEPARTMENT OFREVENUE SHALL PROVIDE THE STATEGENERAL AUDITORFUND. WITH INFORMATION REGARDING THE TOTAL AMOUNTOFCREDITSCLAIMEDANDTHEGENERALFUNDMONEYGENERATED .
(b) THE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL MEASURE THE EFFECTIVENESS OF THE TAX CREDITS IN ACHIEVING THE PURPOSES SPECIFIED IN SUBSECTION (2)(a) OF THIS SECTION BASED ON THE NUMBER AND VALUE OFTHE CREDITS CLAIMED AND THE TOTAL AMOUNT OF GENERAL FUND MONEY GENERATED.
THE DEPARTMENT OF REVENUE SHALL PROVIDE THE STATE AUDITOR WITH INFORMATION REGARDING THE TOTAL AMOUNT OFCREDITS CLAIMEDANDTHEGENERAL FUND MONEY GENERATED.
ASA s USED IN THIS PART 5, UNLESS THE CONTEXT OTHERWISE REQUIRESREQUIRES: :
(1) "C CORPORATIONCORPORATION" " HAS THE SAME MEANING AS IN SECTION 39-22-103 (2.5).
(2) "DEPARTMENT"DEPARTMENT" "MEANSMEANS THE DEPARTMENT OF THE TREASURYTREASURY. .
(3) "INCOME TAX LIABILITYLIABILITY" " MEANS THE LIABILITY IMPOSED BY SECTION 39-22-301.
PAGEPA 11-HOUSEG E I I-H O U SE BILL 25B-1004 (4) "QUALIFIEDTAXPAYER"QUALIFIED "TAXPAYER" MEANSAMEANS CCORPORATIONAUTHORIZEDA C CORPORATION AUTHORIZED TO DO BUSINESS INCIN OLORADOCOLORADO THAT HAS OR WILL HAVE AN INCOME TAX LIABILITY OWINGTOOWING TO THE STATE."QUALIFIEDSTATE. TAXPAYER "ALSO INCLUDES A C CORPORATION THAT RECEIVES OR ASSUMES A TAX CREDIT TRANSFERRED IN ACCORDANCE WITH SECTION 26-36-503 (7)(e).
(5)"QUALIFIED "TAXTAXPAYER" CREDITALSO "INCLUDES MEANSA THEC CORPORATION THAT RECEIVES OR ASSUMES A TAX CREDIT CREATEDTRANSFERRED IN ACCORDANCE WITH SECTION 24-36-503.26-36-503 (7)(e).
(6)(5) "TAX CREDITCREDIT" SALEMEANS PROCEEDS"OR "SALE PROCEEDS"MEANSTHE MONEY OR OTHER LIQUID ASSET ACCEPTABLE TO THE STATE TREASURER THATAQUALIFIEDTAXPAYERPAYSTOTHEDEPARTMENTTHATISDEPOSITED IN THE TAX CREDIT SALE PROCEEDS CASH FUND CREATED IN SECTION 24-36-40524-36-503. (1).
(6) "TAX CREDIT SALE PROCEEDS" OR "SALE PROCEEDS" MEANS THE MONEY OR OTHER LIQUID ASSET ACCEPTABLE TO THE STATE TREASURER THATAQUALIFIEDTAXPAYERPAYSTOTHEDEPARTMENTTHATISDEPOSITED IN THE TAX CREDIT SALE PROCEEDS CASH FUND CREATED IN SECTION 24-36-405 (1).
Corporate tax credits - purchase - authorization to issue-terms-report.(1)issue A-terms QUALIFIEDTAXPAYERMAYPURCHASEINCOME- report1)A QUALIFIEDTAXPAYER MAY PURCHASE INCOME TAX CREDITS FROM THE DEPARTMENT IN ACCORDANCE WITH THIS SECTION AND MAY APPLY THE TAX CREDITS AGAINST ITS INCOME TAX LIABILITY IN ACCORDANCE WITH SECTION 24-36-504.
(2) (a) THE DEPARTMENT IS AUTHORIZED TO ISSUE TAX CREDIT CERTIFICATES TO QUALIFIED TAXPAYERS PURSUANT TO THIS PART 5AND5 AND PART 4OF4 OF THIS ARTICLE36ARTICL36 EQUAL TO THE LESSER OF A TOTAL FACE VALUE OF UP TO ONE HUNDRED TWENTYTWENTY-FIVE FIVE MILLION DOLLARS OR TOTAL SALES PROCEEDS OF UP TO ONE HUNDRED MILLION DOLLARSDOLLARS, , PLUS ANY REASONABLEANDNECESSARYADMINISTRATIVEREASONABLEANDNECESSARY ,MONITORINGADMINISTRATIVE, ,ANDCLOSINGMONITORING, AND CLOSING COSTS.
(b) THEDEPARTMENTMAYCONTRACTWITHANINDEPENDENTTHIRDTHE PARTYTOCONDUCTORCONSULTONABIDDINGPROCESSAMONGQUALIFIEDDEPARTMENTMAY CONTRACT WITH AN INDEPENDENTTHIRD PARTY TO CONDUCT OR CONSULT ON A BIDDING PROCESS AMONG QUALIFIED TAXPAYERS TO PURCHASE THE TAX CREDITSCREDITS. .
(c) THE DEPARTMENT SHALL CONSULT WITH C CORPORATIONS IN ADVANCEOFISSUINGANYTAXCREDITSINACCORDANCEWITHTHISSECTIONADVANCEOF .ISSUING ANY TAX CREDITS IN ACCORDANCE WITH THIS SECTION.
(3) A CCORPORATIONC CORPORATION AUTHORIZED TO DO BUSINESS IN CCOLORADO OLORADO SEEKING TO PURCHASE TAX CREDITS MUST APPLY TO THE DEPARTMENT IN THE MANNER PRESCRIBED BY THE DEPARTMENTDEPARTMENT. .
PAGE 12-HOUSE BILL 25B-1004 (4) UUSING SING PROCEDURES ADOPTED BY THE DEPARTMENT OROR, , IF APPLICABLEAPPLICABLE, BYANINDEPENDENTTHIRDPARTYBYAN ,EACHINDEPENDENTTHIRD PARTY, EACH C CORPORATIONTHAT SUBMITSANAPPLICATIONSHALLMAKEATIMELYANDIRREVOCABLEOFFERSUBMITS ,AN APPLICATION SHALL MAKE ATIMELY AND IRREVOCABLE OFFER, CONTINGENT ONLY ON THE DEPARTMENTDEPARTMENT'S 'S ISSUANCE TO THE C CORPORATION OF THE TAX CREDIT CERTIFICATESCERTIFICATES, , TO MAKE A SPECIFIED PURCHASEPAYMENTAMOUNTTOTHEDEPARTMENTONDATESSPECIFIEDBYPURCHASE PAYMENTAMOUNT TO THE DEPARTMENTDEPARTMENTON ,WHICHDATES SPECIFIED BY THE DEPARTMENT, WHICH MUST NOT BURDEN ANY SINGLE TAX YEARYEAR. .
HETHE OFFER MUST INCLUDEINCLUDE: :
(a) THE REQUESTED AMOUNT OFOFTAX TAXCREDITS, CREDITSWHICH ,WHICH MUST NOT BE LESS THAN ANY MINIMUM AMOUNT ESTABLISHED IN PROCEDURES BY THE DEPARTMENT OROR, ,IFIF APPLICABL,THEAPPLICABLE, THE INDEPENDENT THIRD PARTYPARTY; ;
(b) THE QUALIFIED TAXPAYERTAXPAYER'S S PROPOSED TAX CREDIT PURCHASE AMOUNT FOR EACH TAX CREDIT DOLLAR REQUESTEDREQUESTED. .
TTHE HE MINIMUM PROPOSED TAX CREDIT PURCHASE AMOUNT MUST BE THE GREATER OF EITHER:
(I) THE PERCENTAGE OF THE REQUESTED DOLLAR AMOUNT OF TAX CREDITS THAT THE DEPARTMENT ANDAND, ,IFIF APPLICABLE,THEAPPLICABLE, INDEPENDENT THIRDPARTYDETERMINESTOBECONSISTENTWITHMARKETCONDITIONSAS OF THE OFFERINDEPENDENT DATE;ORTHIRD (II)PARTY EIGHTYDETERMINES PERCENTTO OFBECONSISTENT THEWITH REQUESTEDMARKET DOLLARCONDITIONS AMOUNTAS OF TAX CREDITS;AND (c) ANYOTHERINFORMATIONTHEDEPARTMENTOR ,IFAPPLICABLE , THE INDEPENDENTOFFER THIRDDATE; PARTY REQUIRES .
(5)OR THE(II)EIGHTY DEPARTMENTPERCENT SHALL PROVIDE WRITTEN NOTICE TO EACH C CORPORATIONTHATSUBMITSANAPPLICATIONINDICATINGWHETHERTHE C CORPORATION HAS BEEN APPROVED AS A PURCHASER OF TAXTHE CREDITSREQUESTED ANDDOLLAR , IF S,THE AMOUNT OF TAX CREDITSCREDITS; ALLOCATED AND THE DATE BY WHICH PAYMENT OF THE TAX CREDIT SALE PROCEEDS MUST BE MADE .
(6)AND O(C) NANY RECEIPTOTHER OFINFORMATION PAYMENT OF THE SALE PROCEEDS , THE DEPARTMENT SHALLOR, ISSUEIF TOAPPLICABLE, EACHTHE QUALIFIEDINDEPENDENT TAXPAYERTHIRD APARTY TAXREQUIRES. CREDIT CERTIFICATE.
(5) THE DEPARTMENT SHALL PROVIDE WRITTEN NOTICE TO EACH C CORPORATION THAT SUBMITS AN APPLICATION INDICATING WHETHERTHE C CORPORATION HAS BEEN APPROVED AS A PURCHASER OFTAX CREDITS AND, IF SO, THE AMOUNT OFTAX CREDITS ALLOCATED AND THE DATE BY WHICH PAYMENT OF THE TAX CREDIT SALE PROCEEDS MUST BE MADE.
(6) ON RECEIPT OF PAYMENT OF THE SALE PROCEEDS, THE DEPARTMENT SHALL ISSUE TO EACH QUALIFIED TAXPAYER A TAX CREDIT CERTIFICATE.
(a) THE TOTAL AMOUNT OF INCOME TAX CREDITS THAT THE PAGE 13-HOUSE BILL 25B-1004 QUALIFIED TAXPAYER MAY CLAIMCLAIM; ;
(b) THEAMOUNTTHATTHEQUALIFIEDTAXPAYERHASPAIDFORTHETHEAMOUNTTHATTHEQUALIFIEDTAXPAYER HAS PAID FOR THE ISSUANCE OF THE TAX CREDIT CERTIFICATES AND THE DATE OF THE PAYMENTPAYMENT; ;
(c)(C) THE DATESONWHICHTHETAXCREDITSWILLBEDATES ON WHICH THE TAX CREDITS WILL BE AVAILABLE FOR USE BY THE QUALIFIED TAXPAYERTAXPAYER; ;
(d) ANY PENALTIES OR OTHER REMEDIES FOR NONCOMPLIANCENONCOMPLIANCE; ;
(e) THE PROCEDURES TO BE USED FOR TRANSFERRING OR ASSUMING THE TAX CREDITS IN ACCORDANCE WITH SUBSECTION (7)(e)(7)(e)OF OF THIS SECTION;
(f) THE SERIAL NUMBER OF THE TAX CREDIT CERTIFICATE;ANDCERTIFICATE; (g) A NY OTHER REQUIREMENTS DEEMED NECESSARY BY THE DEPARTMENT AS A CONDITION OF ISSUING THE TAX CREDIT CERTIFICATE.
(7)AND (a)(g) TANY HEOTHER DEPARTMENTREQUIREMENTS SHALLDEEMED NOTNECESSARY ISSUEBY ATHE TAXDEPARTMENT CREDITAS CERTIFICATETOANYQUALIFIEDTAXPAYERTHATFAILSTOPROVIDETHETAXA CREDITCONDITION SALEOF PROCEEDSISSUING WITHIN THE TIMETAX THECREDIT DEPARTMENTCERTIFICATE. SPECIFIES.
(b)(7) AQUALIFIEDTAXPAYERTHATFAILSTOPROVIDETHETAXCREDIT(a) SALEPROCEEDSWITHINTHETIMETHEDEPARTMENTSPECIFIESISSUBJECTTOTHE APENALTYEQUALTOTENPERCENTOFTHEAMOUNTOFTHEPURCHASEPRICEDEPARTMENT THATSHALL REMAINSNOT UNPAIDISSUE .A TAX CREDIT CERTIFICATETO ANY QUALIFIED TAXPAYERTHAT FAILS TO PROVIDETHETAX CREDIT SALE PROCEEDS WITHIN THE TIME THE DEPARTMENT SPECIFIES.
HE(b) PENALTYA MUSTQUALIFIED BETAXPAYERTHAT PAIDFAILSTO TOPROVIDETHETAX THECREDIT DEPARTMENTSALE PROCEEDS WITHIN THIRTYTHETIMETHE DAYSDEPARTMENT AFTERSPECIFIES DEMANDIS .SUBJECTTO A PENALTY EQUALTOTEN PERCENTOFTHE AMOUNTOFTHE PURCHASE PRICE THAT REMAINS UNPAID.
(c) THE DEPARTMENTPENALTY MAYMUST OFFERBE PAID TO REALLOCATE THE DEFAULTEDDEPARTMENT TAXWITHIN CREDITSTHIRTY AMONGDAYS OTHERAFTER QUALIFIEDDEMAND. TAXPAYERS SO THAT THE RESULT AFTERREALLOCATIONISTHESAMEASIFTHEINITIALALLOCATIONHADBEEN PERFORMED WITHOUT CONSIDERING THE TAX CREDIT ALLOCATION TO THE DEFAULTING QUALIFIED TAXPAYER .
(d)(c) ITHEREALLOCATIONOFTAXCREDITSUNDERSUBSECTIONTHE (7)(c)DEPARTMENT OFMAY THISOFFER SECTIONTO RESULTSREALLOCATE IN THE PAYMENTDEFAULTED BYTAX ANOTHERCREDITS QUALIFIEDAMONG TAXPAYEROFTHEAMOUNTOFTAXCREDITSALEPROCEEDSNOTPAIDBYTHEOTHER DEFAULTING QUALIFIED TAXPAYERTAXPAYERS ,SO THAT THE DEPARTMENTRESULT MAYAFTER WAIVEREALLOCATION THEISTHE PAGESAME 14-HOUSEAS BILLIFTHE 25B-1004INITIALALLOCATION PENALTYHAD IMPOSEDBEEN UNDERPERFORMED SUBSECTIONWITHOUT (7)(b)OFCONSIDERING THISTHE SECTION.TAX CREDIT ALLOCATION TO THE DEFAULTING QUALIFIED TAXPAYER.
(e)(d) AlFTHE QUALIFIEDREALLOCATION TAXPAYEROFTAX THATCREDITS FAILSUNDER TOSUBSECTION PAY(7)(c) THEOF TAXTHIS CREDITSECTION SALEPROCEEDSWITHINTHERESULTS TIMEIN SPECIFIEDMAYAVOIDTHEIMPOSITIONOFTHE THEPENALTYBYTRANSFERRINGTHEALLOCATIONOFTAXCREDITSTOANEWPAYMENT ORBY EXISTINGANOTHER QUALIFIED TAXPAYERTAXPAYEROFTHEAMOUNTOFTAXCREDITSALEPROCEEDSNOTPAIDBYTHE WITHINDEFAULTING THIRTYQUALIFIED DAYSTAXPAYER, AFTER THE DUEDEPARTMENT DATEMAY OFWAIVE THE DEFAULTEDPAGE INSTALLMENT14-HOUSE .BILL 25B-1004 PENALTY IMPOSED UNDER SUBSECTION (7)(b) OF THIS SECTION.
ANY(e) TRANSFEREEA OFQUALIFIED ANTAXPAYER ALLOCATIONTHAT OFFAILS TAXTO CREDITSPAY OFTHE ATAX DEFAULTINGCREDIT QUALIFIEDSALE TAXPAYERPROCEEDS UNDERWITHIN THISTHE SUBSECTIONTIME (7)SHALLSPECIFIED AGREEMAY TOAVOID PAYTHE IMPOSITION OF THE TAXPENALTY CREDITBYTRANSFERRINGTHEALLOCATION SALEOFTAX PROCEEDSCREDITS TO ANEW OR EXISTING QUALIFIED TAXPAYER WITHIN FIVETHIRTY DAYS AFTER THE DUE DATE OF THE TRANSFER.DEFAULTED INSTALLMENT.
(8)ANY TTRANSFEREE HEOF TAXAN CREDITALLOCATION SALEOF PROCEEDSTAX PROVIDEDCREDITS BYOF A DEFAULTING QUALIFIED TAXPAYER INUNDER RETURNTHIS FORSUBSECTION A(7) TAXSHALL CREDITAGREE CERTIFICATETO MUSTPAY BE DEPOSITED IN THE TAX CREDIT SALE PROCEEDS CASHWITHIN FUNDFIVE CREATEDDAYS INAFTER SECTIONTHE 24-36-405DATE (1).OF THE TRANSFER.
(9)(8) (a) THE DEPARTMENTTAX SHALLCREDIT PROVIDESALE ,WITHINPROCEEDS THIRTYPROVIDED DAYSBY AFTERTHECLOSEOFTHEFISCALYEARA ,ADATAFILETOTHEDEPARTMENTOFQUALIFIED REVENUETAXPAYER IN RETURN FOR EACHATAX FISCALCREDIT YEARCERTIFICATE INMUST WHICHBE ITDEPOSITED ISSUESIN THE TAX CREDIT CERTIFICATESSALE PURSUANTPROCEEDS TOCASH THISFUND PART5.CREATED IN SECTION 24-36-405 (1).
(9) (a) THE DEPARTMENT SHALL PROVIDE, WITHIN THIRTY DAYS AFTER THE CLOSE OF THE FISCAL YEAR, A DATA FILETO THE DEPARTMENTOF REVENUE FOR EACH FISCAL YEAR IN WHICH IT ISSUES TAX CREDIT CERTIFICATES PURSUANT TO THIS PART 5.
(I)(I)THE TENAMEANDFEDERALEMPLOYERIDENTIFICATIONNUMBEROFNAME AND FEDERAL EMPLOYER IDENTIFICATION NUMBER OF EACH QUALIFIED TAXPAYER TO WHICH THE DEPARTMENT ISSUED A TAX CREDIT CERTIFICATE;
(II) THE TOTAL AMOUNT OF THE TAX CREDIT ALLOCATED TO THE QUALIFIED TAXPAYERTAXPAYER; ;AND (III) HE SERIAL NUMBER OF THE TAX CREDIT CERTIFICATE ISSUED TO THE QUALIFIED TAXPAYER .
(b)AND T(III)THE HESERIAL DEPARTMENTNUMBER SHALL MAINTAIN RECORDS OF EACHTHE TAX CREDIT CERTIFICATE ISSUED , TRANSFERRED , OR ASSUMED THAT ARE SUFFICIENT TO ALLOW THE DEPARTMENTQUALIFIED OFTAXPAYER. REVENUE TO VERIFY THE ISSUANCE AND OWNERSHIP OF THE CREDIT .
(b) THE DEPARTMENT SHALL PROVIDEMAINTAIN THE RECORDS TOOF THEEACH OFFICETAX OFCREDIT THECERTIFICATE STATEISSUED, AUDITORTRANSFERRED, UPONOR REQUESTASSUMED SO THAT ARE SUFFICIENT TO ALLOW THE STATEDEPARTMENT AUDITOROF CANEVALUATEREVENUE TO VERIFY THE EFFECTIVENESSISSUANCE OFTHETAXCREDITSINACCORDANCEWITHSECTIONSAND 24-36-501(2)(b)ANDOWNERSHIP 39-21-305.OF THE CREDIT.
PAGETHE 15-HOUSEDEPARTMENT BILLSHALL 25B-1004PROVIDE (10)THE THEDEPARTMENTMAYPAYANINDEPENDENTTHIRDPARTYANDRECORDS ANYTO CONSULTANTSTHE REASONABLEOFFICE ANDOF NECESSARYTHE ADMINISTRATIVESTATE ,AUDITOR MONITORINGUPON ,ANDCLOSINGCOSTSUSINGREQUEST SO THAT THE PROCEEDSSTATE FROMAUDITOR CAN EVALUATE THE SALEEFFECTIVENESS OFOFTHETAXCREDITS TAXIN CREDITSACCORDANCE .WITH SECTIONS 24-36-501 (2)(b) AND 39-21-305.
PA G E 15-H O U SEBILL 25B-1004 (10) THE DEPARTMENTMAY PAY AN INDEPENDENTTHIRD PARTY AND ANY CONSULTANTS REASONABLE AND NECESSARY ADMINISTRATIVE, MONITORING, AND CLOSING COSTS USING THE PROCEEDS FROM THE SALE OF TAX CREDITS.
(1) FOR A TAX CREDIT CERTIFICATE ISSUED IN FISCAL YEAR 2025-26,THE2025-26, DEPARTMENTTHE ,INCONSULTATIONWITHTHEOFFICEOFSTATEPLANNINGANDDEPARTMENT, BUDGETINGIN PRIORTOTHESALECONSULTATION ,MAYDETERMINETHETAXYEARSINWHICHWITH THE OFFICE OF STATE PLANNING AND BUDGETING, PRIORTO THE SALE, MAY DETERMINE THE TAX YEARS IN WHICH THE QUALIFIED TAXPAYER MAY CLAIM THE QUALIFIED TAXPAYERTAXPAYER'S S TAX CREDIT AGAINST THE QUALIFIED TAXPAYERTAXPAYER'S S INCOME TAX LIABILITY.
(2) FOR THE TAX YEAR SPECIFIED IN THE TAX CREDIT CERTIFICATE ISSUED PURSUANT TO SECTION 24-34-503 (6),THE(6), THE QUALIFIED TAXPAYER MAY CLAIM THE AMOUNT OF THE TAX CREDIT AGAINST THE QUALIFIED TAXPAYERTAXPAYER'S S INCOME TAX LIABILITYLIABILITY. .F THE AMOUNT OF THE TAX CREDIT EXCEEDSTHEQUALIFIEDTAXPAYER SACTUALTAXLIABILITYFORTHATTAX YEAR ,THE EXCESS IS NOT REFUNDED TO THE QUALIFIED TAXPAYER .
HEIF QUALIFIEDTHE TAXPAYERAMOUNT MAYOF CARRY FORWARD AND APPLY THE UNUSED TAX CREDIT AGAINSTEXCEEDS THE INCOMEQUALIFIEDTAXPAYER'S TAXACTUALTAX LIABILITY FORFORTHATTAX ANYYEAR, SUCCEEDING TAX YEAR ;EXCEPT THAT THE TAXEXCESS CREDITIS MAY NOT BEREFUNDED CARRIED FORWARD TO A TAX YEAR THAT BEGINS AFTER DECEMBER 31,2033.T HE TAXPAYER SHALL APPLY THE CARRYQUALIFIED FORWARDTAXPAYER. CREDIT AGAINST THE INCOME TAX LIABILITY FOR THE EARLIEST OF THE INCOME TAX YEARS POSSIBLE .
ANYTHE AMOUNTQUALIFIED OFTAXPAYER MAY CARRY FORWARD AND APPLY THE TAXCREDITUNUSED THATTAX ISNOTUSEDAFTERTHISPERIODISNOTCREDIT REFUNDABLEAGAINST .THE INCOME TAX LIABILITY FOR ANY SUCCEEDING TAX YEAR;
(3)EXCEPT ATHAT QUALIFIEDTHE TAXPAYERTAX CLAIMINGCREDIT ACREDITMAY UNDERTHISPARTNOT 5BE SHALLCARRIED SUBMITFORWARD THETO A TAX CREDITYEAR CERTIFICATETHAT WITHBEGINS ITSAFTER TAXDECEMBER RETURN31, .2033.
THE TAXPAYER SHALL APPLY THE CARRY FORWARD CREDIT AGAINST THE INCOME TAX LIABILITY FOR THE EARLIEST OF THE INCOME TAX YEARS POSSIBLE.
ANY AMOUNT OF THE TAX CREDIT THAT ISNOT USED AFTER THIS PERIOD ISNOT REFUNDABLE.
(3) A QUALIFIED TAXPAYER CLAIMING A CREDIT UNDER THIS PART 5 SHALL SUBMIT THE TAX CREDIT CERTIFICATE WITH ITS TAX RETURN.
THIS PART 5 IS REPEALED,EFFECTIVEREPEALED, DEFFECTIVE ECEMBERDECEMBER 31, 2040.
For the 2025-26 state fiscal year, $3,173,500isappropriatedtothedepartmentoftreasury.Thisappropriation$3,173,500 is fromtheappropriated taxto creditthe saledepartment proceedso cashftreasury. fund created in section 24-36-405, C.R.S.Toimplementthisact,thedepartmentmayusethisappropriationfor tax credit administration.
This appropriation is from the tax credit sale proceeds cash fund created in section 24-36-405, C.R.S.To implement this act, the department may use this appropriation for tax credit administration.
The general assembly finds, determines, and declares that this act is necessary for the immediate PAGE 16-HOUSE BILLB IL L 25B-1004 preservation ofofthe the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.
____________________________Ju~ ____________________________ Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Connor Randall Esther van Mourik ACTING CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________APPROVED oY\ Tov~d ~ ¥tvau~-+2 '1" 2f2-S -~ ct~ 5~h""I (Date and Time) _________________________________________PAGE Jared17-HOUSE S.BILL 25B-1004
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 17-HOUSE BILL 25B-1004
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Action History
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Governor Signed
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Signed by the Speaker of the House
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Signed by the President of the Senate
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Sent to the Governor
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Senate Third Reading Passed - No Amendments
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House Considered Senate Amendments - Result was to Concur - Repass
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Senate Second Reading Special Order - Passed with Amendments - Committee
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Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
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Senate Second Reading Special Order - Laid Over to 08/25/2025 - No Amendments
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House Third Reading Passed - No Amendments
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Introduced In Senate - Assigned to Appropriations
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House Second Reading Special Order - Passed with Amendments - Committee, Floor
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Introduced In House - Assigned to Appropriations
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House Committee on Appropriations Refer Amended to House Committee of the Whole
Sponsors
- M. Weissman · Cosponsor
- K. Wallace · Cosponsor
- T. Sullivan · Cosponsor
- C. Kipp · Cosponsor
- I. Jodeh · Cosponsor
- J. Gonzales · Cosponsor
- T. Exum · Cosponsor
- L. Cutter · Cosponsor
- J. Coleman · Cosponsor
- L. García · Cosponsor
- M. Snyder · Primary
- J. Marchman · Primary
- Sean Camacho · Primary
- Rebekah Stewart · Primary
- Jennifer Bacon · Cosponsor
- Andrew Boesenecker · Cosponsor
- Monica Duran · Cosponsor
- Cecelia Espenoza · Cosponsor
- Meg Froelich · Cosponsor
- Lindsay Gilchrist · Cosponsor
- Junie Joseph · Cosponsor
- Sheila Lieder · Cosponsor
- Mandy Lindsay · Cosponsor
- Javier Mabrey · Cosponsor
- Karen McCormick · Cosponsor
- Emily Sirota · Cosponsor
- Tammy Story · Cosponsor
- Brianna Titone · Cosponsor
- Jenny Willford · Cosponsor
- Steven Woodrow · Cosponsor
- Yara Zokaie · Cosponsor
- Ty Winter · Cosponsor
- Lesley Smith · Cosponsor
- Kyle Brown · Cosponsor
- Julie McCluskie · Cosponsor
- Michaelson Jenet · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 32 co-sponsors · 65 not signed on · 15 voted No
Sponsors (4)
- M. Snyder
- J. Marchman
- Sean Camacho Democrat
- Rebekah Stewart Democrat
Co-sponsors (32)
- M. Weissman
- K. Wallace
- T. Sullivan
- C. Kipp
- I. Jodeh
- J. Gonzales
- T. Exum
- L. Cutter
- J. Coleman
- L. García
- Jennifer Bacon Democrat
- Andrew Boesenecker Democrat
- Monica Duran Democrat
- Cecelia Espenoza Democrat
- Meg Froelich Democrat
- Lindsay Gilchrist Democrat
- Junie Joseph Democrat
- Sheila Lieder Democrat
- Mandy Lindsay Democrat
- Javier Mabrey Democrat
- Karen McCormick Democrat
- Emily Sirota Democrat
- Tammy Story Democrat
- Brianna Titone Democrat
- Jenny Willford Democrat
- Steven Woodrow Democrat
- Yara Zokaie Democrat
- Ty Winter Republican
- Lesley Smith Democrat
- Kyle Brown Democrat
- Julie McCluskie Democrat
- Michaelson Jenet
Not signed on (65)
65 members have not signed on to this bill.
Show all 65 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 18 | 1 | 0 | 0 |
| Republican | 0 | 9 | 0 | 1 |
| Unaffiliated | 4 | 2 | 0 | 0 |
| Total | 22 | 12 | 0 | 1 |
| % of votes cast | 63% | 34% | 0% | 3% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Gonzales J. | — | Yea |
| Pelton B. | — | Nay |
| Pelton R. | — | Nay |
| President | — | Yea |
| Michaelson Jenet | — | Yea |
| Winter F. | — | Yea |
| Cathy Kipp | Democrat | Yea |
| Chris Kolker | Democrat | Yea |
| Dylan Roberts | Democrat | Yea |
| Iman Jodeh | Democrat | Yea |
| Janice Marchman | Democrat | Yea |
| Jeff Bridges | Democrat | Yea |
| Jessie Danielson | Democrat | Yea |
| Judy Amabile | Democrat | Yea |
| Katie Wallace | Democrat | Yea |
| Kyle Mullica | Democrat | Yea |
| Lindsey Daugherty | Democrat | Yea |
| Lisa Cutter | Democrat | Yea |
| Marc Snyder | Democrat | Yea |
| Matt Ball | Democrat | Yea |
| Mike Weissman | Democrat | Yea |
| Nick Hinrichsen | Democrat | Nay |
| Robert Rodriguez | Democrat | Yea |
| Tom Sullivan | Democrat | Yea |
| Tony Exum | Democrat | Yea |
| Barbara Kirkmeyer | Republican | Nay |
| Cleave Simpson | Republican | Nay |
| Janice Rich | Republican | Nay |
| John Carson | Republican | Nay |
| Larry Liston | Republican | Not Voting |
| Lisa Frizell | Republican | Nay |
| Lynda Zamora Wilson | Republican | Nay |
| Marc Catlin | Republican | Nay |
| Mark Baisley | Republican | Nay |
| Scott Bright | Republican | Nay |
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 0 | 2 | 0 | 0 |
| Democrat | 5 | 0 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Chris Kolker | Democrat | Yea |
| Judy Amabile | Democrat | Yea |
| Julie Gonzales | Democrat | Yea |
| Katie Wallace | Democrat | Yea |
| Mike Weissman | Democrat | Yea |
| Barbara Kirkmeyer | Republican | Nay |
| Byron Pelton | Republican | Nay |
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 0 | 4 | 0 | 0 |
| Democrat | 7 | 0 | 0 | 0 |
| Total | 7 | 4 | 0 | 0 |
| % of votes cast | 64% | 36% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Andrew Boesenecker | Democrat | Yea |
| Brianna Titone | Democrat | Yea |
| Elizabeth Velasco | Democrat | Yea |
| Emily Sirota | Democrat | Yea |
| Junie Joseph | Democrat | Yea |
| Karen McCormick | Democrat | Yea |
| Yara Zokaie | Democrat | Yea |
| Carlos Barron | Republican | Nay |
| Dan Woog | Republican | Nay |
| Rick Taggart | Republican | Nay |
| Ryan Gonzalez | Republican | Nay |
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does HB 1004 do?
- The act authorizes the department of the treasury (department) to sell insurance premium tax credits to insurance companies that incur state premium tax liability (premium tax credit) and to C corporations that incur state income tax liability (corporate tax credit). The premium tax credit and the corporate tax credit (tax credits) may be offered for sale to insurance companies and C corporations by the department, subject to procedures adopted by the department. The department may contract or consult with an independent third party to manage the sale process, and if it does so, the independent third party must adopt the sale procedures.A qualified taxpayer who purchases a tax credit may claim the tax credit against its premium tax or income tax liability (tax liability), as applicable. The department, in consultation with the office of state planning and budgeting, prior to the sale of a tax credit, may determine the calendar years in which the qualified taxpayer may claim the qualified taxpayer's tax credit against the qualified taxpayer's tax liability. The amount of the tax credit claimed cannot exceed the taxpayer's tax liability for a given year and a tax credit is not refundable. The unused amount carries forward and may be claimed in subsequent years; except that a tax credit cannot be claimed for a tax liability incurred in a taxable year that begins after December 31, 2033. Insurance companies with a qualified home office or regional home office in the state have first priority to purchase premium tax credits.In fiscal year 2025-26, the department is authorized to issue tax credit certificates to qualified taxpayers equal to the lesser of a total face value of up to $125 million or total sales proceeds of up to $100 million, plus any reasonable and necessary administrative, monitoring, and closing costs of the department (closing costs). The minimum proposed tax credit purchase amount must be the greater of either the amount that an independent third party determines to be consistent with market conditions or 80% of the requested dollar amount of tax credits.The act creates the tax credit proceeds cash fund (fund). The proceeds from the issuance of tax credits must be deposited in the fund. Subject to annual appropriation, the department may expend money from the fund for any closing costs associated with implementing and administering the act. Subject to annual appropriation, the department of revenue may expend money from the fund for direct and indirect costs associated with implementing and administering the act. Each month, the state treasurer is required to credit the money generated by the issuance of tax credits to the fund. The department is required to transfer the money in the fund to the general fund, less any amounts used for expenses authorized by the act.For the 2025-26 state fiscal year, the act appropriates $3,173,500 to the department. The appropriation is from the fund and must be used for tax credit administration.APPROVED by Governor August 28, 2025EFFECTIVE August 28, 2025(Note: This summary applies to this bill as enacted.)
- Who sponsors HB 1004?
- HB 1004 is sponsored by M. Weissman, K. Wallace, T. Sullivan, C. Kipp, I. Jodeh, J. Gonzales, T. Exum, L. Cutter, J. Coleman, L. García, M. Snyder, J. Marchman, Sean Camacho (Democrat), Rebekah Stewart (Democrat), Jennifer Bacon (Democrat), Andrew Boesenecker (Democrat), Monica Duran (Democrat), Cecelia Espenoza (Democrat), Meg Froelich (Democrat), Lindsay Gilchrist (Democrat), Junie Joseph (Democrat), Sheila Lieder (Democrat), Mandy Lindsay (Democrat), Javier Mabrey (Democrat), Karen McCormick (Democrat), Emily Sirota (Democrat), Tammy Story (Democrat), Brianna Titone (Democrat), Jenny Willford (Democrat), Steven Woodrow (Democrat), Yara Zokaie (Democrat), Ty Winter (Republican), Lesley Smith (Democrat), Kyle Brown (Democrat), Julie McCluskie (Democrat), and Michaelson Jenet.
- What is the current status of HB 1004?
- This bill has been enacted into law. Introduced August 21, 2025. Enacted.
- Where can I track HB 1004?
- Track HB 1004 free on One Click Politics — get push/email alerts when it moves.
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