(1)
The general assembly hereby finds and declares that:
(a) The federal earned income tax credit is a refundable tax credit for low-
and middle-income working individuals and families whose earnings are below an
income threshold;
(b) The amount of the credit increases with income until the credit reaches a
maximum level and then phases out, and this structure creates an incentive for
people to work and earn more income;
(c) Since its establishment in 1975, the credit has increased family income,
reduced child poverty, and promoted employment by supplementing the earnings
of low-wage workers, including military families;
(d) The credit has a positive impact on the education and health of children
living in poverty;
(e) The credit has a positive economic impact on local economies and
businesses because it puts more money in the hands of low- and middle-income
working people who spend the money on immediate needs, such as groceries,
school supplies, car repairs, rent, and health care;
(f) The Colorado earned income tax credit created in section 39-22-123 is ten
percent of the federal earned income tax credit, but it is a mechanism to refund
excess state revenues as required by section 20 of article X of the state
constitution;
(g) This existing credit has not been in effect since 2001 because the refund
has not been triggered; and
(h) Now, therefore, it is the intent of the general assembly to establish a
permanent and refundable state earned income tax credit for eligible Colorado
taxpayers. The intended purpose of this credit is to help individuals and families
achieve greater financial security and to help Colorado's economy.
(2) (a) (I) For an income tax year commencing prior to January 1, 2022, a
resident individual who claims an earned income tax credit on the individual's
federal tax return is allowed an earned income tax credit against the taxes due
under this article 22 that is equal to ten percent of the federal credit that the
resident individual claimed on his or her federal tax return for the same tax year.
(II) This subsection (2)(a) is repealed, effective December 31, 2032.
(b) (I) For income tax years commencing on or after January 1, 2022, but
before January 1, 2023, a resident individual who claims an earned income tax credit
on the individual's federal tax return is allowed an earned income tax credit against
the taxes due under this article 22 that is equal to twenty percent of the federal
credit that the resident individual claimed on his or her federal tax return for the
same tax year.
(II) This subsection (2)(b) is repealed, effective December 31, 2033.
(c) (I) For income tax years commencing on or after January 1, 2023, but
before January 1, 2024, a resident individual who claims an earned income tax credit
on the individual's federal tax return is allowed an earned income tax credit against
the taxes due under this article 22 that is equal to twenty-five percent of the
federal credit that the resident individual claimed on his or her federal tax return
for the same tax year.
(II) This subsection (2)(c) is repealed, effective December 31, 2034.
(d) (I) A resident individual who claims an earned income tax credit on the
individual's federal tax return is allowed an earned income tax credit against the
taxes due under this article 22 that is equal to the applicable amount set forth in
subsection (2)(d)(II) of this section.
(II) Except as otherwise provided in subsection (3.5) of this section, the
credit amount that can be claimed pursuant to subsection (2)(d)(I) of this section is:
(A) For the income tax year commencing on January 1, 2024, fifty percent of
the federal credit that the resident individual claimed on the resident individual's
federal tax return for the same tax year;
(B) For the income tax year commencing on January 1, 2025, thirty-five
percent of the federal credit that the resident individual claimed on the resident
individual's federal tax return for the same tax year; and
(C) For income tax years commencing on or after January 1, 2026, twenty-five percent of the federal credit that the resident individual claimed on the
resident individual's federal tax return for the same tax year.
(2.5) (a) (I) For income tax years commencing on or after January 1, 2020, but
before January 1, 2022, a resident individual is allowed an earned income tax credit
against the taxes due under this article 22 that is equal to ten percent of the
federal credit that the resident individual would have been allowed, but for the fact
that the resident individual, the resident individual's spouse, or one or more of the
resident individual's dependents do not have a social security number that is valid
for employment.
(II) This subsection (2.5)(a) is repealed, effective December 31, 2032.
(b) (I) For income tax years commencing on or after January 1, 2022, but
before January 1, 2023, a resident individual is allowed an earned income tax credit
against the taxes due under this article 22 that is equal to twenty percent of the
federal credit that the resident individual would have been allowed, but for the fact
that the resident individual, the resident individual's spouse, or one or more of the
resident individual's dependents do not have a social security number that is valid
for employment.
(II) This subsection (2.5)(b) is repealed, effective December 31, 2033.
(c) Repealed.
(d) (I) For income tax years commencing on or after January 1, 2023, but
before January 1, 2024, a resident individual is allowed an earned income tax credit
against the taxes due under this article 22 that is equal to twenty-five percent of
the federal credit that the resident individual would have been allowed, but for the
fact that the resident individual, the resident individual's spouse, or one or more of
the resident individual's dependents do not have a social security number that is
valid for employment.
(II) This subsection (2.5)(d) is repealed, effective December 31, 2034.
(e) (I) A resident individual is allowed an earned income tax credit against the
taxes due under this article 22 that is equal to the applicable percentage set forth
in subsection (2.5)(e)(II) of this section of the federal credit that the resident
individual would have been allowed, but for the fact that the resident individual, the
resident individual's spouse, or one or more of the resident individual's dependents
do not have a social security number that is valid for employment.
(II) Except as otherwise provided in subsection (3.5) of this section, the
percentage used to calculate the amount of credit that can be claimed pursuant to
subsection (2.5)(e)(I) of this section is:
(A) For the income tax year commencing on January 1, 2024, fifty percent;
(B) For the income tax year commencing on January 1, 2025, thirty-five
percent; and
(C) For income tax years commencing on or after January 1, 2026, twenty-five percent.
(2.7) (a) (I) For income tax years commencing on or after January 1, 2022, but
before January 1, 2023, a resident individual is allowed an earned income tax credit
against the taxes due under this article 22 that is equal to twenty percent of the
federal credit that the resident individual would have been allowed under section
32 (n)(1) of the internal revenue code, notwithstanding the date limitation set forth
in section 32 (n) of the internal revenue code as specified in section 9621 (a) of the
American Rescue Plan Act of 2021, Pub.L. 117-2.
(II) This subsection (2.7)(a) is repealed, effective December 31, 2033.
(b) (I) For income tax years commencing on or after January 1, 2023, but
before January 1, 2024, a resident individual is allowed an earned income tax credit
against the taxes due under this article 22 that is equal to twenty-five percent of
the federal credit that the resident individual would have been allowed under
section 32 (n)(1) of the internal revenue code, notwithstanding the date limitation
set forth in section 32 (n) of the internal revenue code as specified in section 9621
(a) of the American Rescue Plan Act of 2021, Pub.L. 117-2.
(II) This subsection (2.7)(b) is repealed, effective December 31, 2034.
(c) (I) A resident individual is allowed an earned income tax credit against
the taxes due under this article 22 that is equal to the applicable percentage set
forth in subsection (2.7)(c)(II) of this section of the federal credit that the resident
individual would have been allowed under section 32 (n)(1) of the internal revenue
code, notwithstanding the date limitation set forth in section 32 (n) of the internal
revenue code as specified in section 9621 (a) of the American Rescue Plan Act of
2021, Pub.L. 117-2.
(II) Except as otherwise provided in subsection (3.5) of this section, the
percentage used to calculate the amount of credit that can be claimed pursuant to
subsection (2.7)(c)(I) of this section is:
(A) For the income tax year commencing on January 1, 2024, fifty percent;
(B) For the income tax year commencing on January 1, 2025, thirty-five
percent; and
(C) For income tax years commencing on or after January 1, 2026, twenty-five percent.
(2.8) (a) For income tax years commencing on or after January 1, 2023, but
before January 1, 2024, only, the rate of credit allowed for the resident individuals
described in subsections (2), (2.5), and (2.7) of this section, respectively, is
increased from twenty-five percent to fifty percent of the federal credit described
in the respective subsections (2), (2.5), and (2.7) of this section.
(b) The general assembly finds and declares that increasing the rate of the
credit as specified in subsection (2.8)(a) of this section reduces the amount of state
revenues, as defined in section 24-77-103.6 (6)(c), for the 2023-24 state fiscal year
and is therefore, after excess state revenues for the 2022-23 state fiscal year are
refunded pursuant to sections 39-3-209, 39-3-210, and any other refund
mechanism provided for in law other than the refund mechanism provided for in
part 20 of this article 22, a reasonable method of refunding a portion of any
remaining excess state revenues for the 2022-23 state fiscal year that are required
to be refunded in the 2023-24 state fiscal year in accordance with section 20 (7)(d)
of the state constitution.
(c) This subsection (2.8) is repealed, effective December 31, 2034.
(3) Repealed.
(3.5) (a) As used in this subsection (3.5), unless the context otherwise
requires:
(I) Applicable forecast means either the quarterly December revenue
forecast prepared by legislative council staff or the quarterly December revenue
forecast prepared by the office of state planning and budgeting in the December
immediately preceding the applicable state fiscal year as determined by which
immediately preceding March forecast the joint budget committee of the general
assembly used in the preparation of the state budget.
(II) Applicable state fiscal year means the fiscal year that begins in the
income tax year for which the credit is allowed.
(III) BV means the estimate of the state's nonexempt revenue for state
fiscal year 2024-25 included in the 2024 office of state planning and budgeting
March revenue forecast.
(IV) CAGR means the estimated compound annual growth rate.
(V) Estimated adjustment factor means, for a given income tax year, the
CAGR for nonexempt revenue that is calculated by the executive director according
to the following formula: [Insert 39-22-123.5(3.5)(a)(V) and 39-22-130(2)(b)(I).pdf
here]
(VI) EV means the estimate of the state's nonexempt revenue for the
applicable state fiscal year included in the applicable forecast excluding the
projected aggregate amount of the increased portion of the earned income tax
credit allowed pursuant to subsection (3.5)(b) or (3.5)(c) of this section and the
projected aggregate amount of the credit allowed pursuant to section 39-22-130,
created in House Bill 24-1311, enacted in 2024, for the given income tax year.
(VII) n means, for the applicable state fiscal year, the number of state
fiscal years that have passed since the 2024-25 state fiscal year.
(VIII) Nonexempt revenue means, for the applicable state fiscal year, the
revenues that are identified as nonexempt revenues in the annual comprehensive
financial report published by the office of the state controller.
(b) (I) For the income tax year commencing on January 1, 2025, the
percentage of the federal earned income tax credit that the resident individual
claimed or could have claimed that is used to calculate the amount of earned
income tax credit allowed pursuant to subsections (2)(d), (2.5)(e), and (2.7)(c) of this
section is increased by fifteen percentage points if the estimated adjustment factor
is equal to or greater than two percent.
(II) This subsection (3.5)(b) is repealed, effective December 31, 2035.
(c) For income tax years commencing on or after January 1, 2026, the
percentage of the federal earned income tax credit that the resident individual
claimed or could have claimed that is used to calculate the amount of earned
income tax credit allowed pursuant to subsections (2)(d), (2.5)(e), and (2.7)(c) of this
section is increased as follows if the estimated adjustment factor is as follows:
(I) Equal to or greater than three percent but less than three and eighteen
one-hundredths percent, by five percentage points;
(II) Equal to or greater than three and eighteen one-hundredths percent but
less than three and thirty-seven one-hundredths percent, by ten percentage points;
(III) Equal to or greater than three and thirty-seven one-hundredths percent
but less than three and fifty-six one-hundredths percent, by fifteen percentage
points;
(IV) Equal to or greater than three and fifty-six one-hundredths percent but
less than three and seventy-five one-hundredths percent, by twenty percentage
points; and
(V) Equal to or greater than three and seventy-five one-hundredths percent,
by twenty-five percentage points.
(4) The amount of the credit allowed under this section that exceeds the
resident individual's income taxes due is refunded to the individual.
(5) In the case of a part-year resident, the credit allowed under this section is
apportioned in the ratio determined under section 39-22-110 (1).
(6) The credit allowed under this section is not considered to be income or
resources for the purpose of determining eligibility for the payment of public
assistance benefits and medical assistance benefits authorized under state law or
for a payment made under any other publicly funded programs.