HB 1223 CO

0likes☆Favorite🔕SubscribeShare

Became Law

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

• A. Boesenecker Democratic · sponsor
• S. Woodrow Democratic · sponsor
• M. Ball Democratic · sponsor
• D. Roberts Democratic · sponsor

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