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CO HB1012

CO HB1012
Income Tax Expenditures for Service Members


summary

Introduced
01/08/2025
In Committee
01/27/2025
Crossed Over
Passed
Dead
05/07/2025

Introduced Session

Potential new amendment
2025 Regular Session

Bill Summary

Legislative Oversight Committee Concerning Tax Policy. The bill changes how income tax expenditures that benefit individuals engaged in military service are provided as follows: ! Beginning with income tax years commencing on or after January 1, 2027, section 2 of the bill eliminates the state income tax subtraction for an amount equal to any compensation received for active duty service in the armed forces of the United States by an individual who has reacquired residency in the state to the extent that the compensation is included in federal taxable income; and ! For income tax years commencing on or after January 1, 2027, but before January 1, 2032, section 3 allows a refundable income tax credit (credit) as a form of tuition assistance to an actively serving member of the Colorado National Guard who is eligible for tuition assistance (eligible member) under an existing statutorily-authorized program (program) administered by the department of veterans and military affairs (department). To claim the credit, an eligible member must obtain a tax credit certificate issued by the department for each academic semester or quarter for which tuition assistance is awarded in the form of the credit. The criteria for receiving a tax credit certificate are generally the same as the criteria for receiving other tuition assistance under the program; except that, to be eligible for a tax credit certificate, an eligible member must apply for all federal government tuition assistance that is not required to be repaid and that is generally made available to eligible members and not to the general population and must use all federal government tuition assistance received. The total amount of tuition assistance that an eligible member to whom the department has issued a tax credit certificate may obtain under the program, including the credit, is subject to existing program limits. In addition, the department may issue no more than $1 million in tax credit certificates for any income tax year. Section 1 makes conforming amendments.

AI Summary

This bill modifies income tax expenditures for members of the Colorado National Guard in two key ways. First, beginning in 2027, it eliminates the state income tax subtraction for compensation received by military personnel who have reacquired state residency. Second, for income tax years between 2027 and 2032, the bill establishes a refundable tax credit for actively serving Colorado National Guard members pursuing higher education. To qualify for the tax credit, members must apply for and use all available federal tuition assistance that is not required to be repaid. The total amount of tuition assistance, including the tax credit, is subject to existing program limits, and the Department of Military and Veterans Affairs can issue no more than $1 million in tax credit certificates per income tax year. The bill requires the department to report annually on the number of tax credit certificates issued, the aggregate and average amounts of tuition assistance provided, and any tax credits recaptured due to non-compliance. The tax credit program is set to be repealed on December 31, 2036, providing a time-limited opportunity for eligible National Guard members to receive additional educational support.

Committee Categories

Budget and Finance

Sponsors (5)

Last Action

House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed (on 05/13/2025)

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