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HB26-1223 · Bill · 2026 Regular Session · Colorado

Modifying Certain Tax Expenditures

Concerning modifying certain tax expenditures, and, in connection therewith, making an appropriation.

Official status: Became Law

Prime sponsors

Progress (from the official record)

Official summary

Official text — shown in English exactly as published by the official source. The official text controls.

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.)

Status timeline

Every recorded action on HB26-1223, oldest first
DateLocationAction
02/17/2026HouseIntroduced In House - Assigned to Finance
03/09/2026HouseHouse Committee on Finance Refer Amended to Appropriations
04/28/2026HouseHouse Committee on Appropriations Refer Unamended to House Committee of the Whole
04/30/2026HouseHouse Second Reading Laid Over Daily - No Amendments
05/01/2026HouseHouse Second Reading Special Order - Passed with Amendments - Committee, Floor
05/04/2026HouseHouse Third Reading Passed - No Amendments
05/04/2026SenateIntroduced In Senate - Assigned to Finance
05/07/2026SenateSenate Committee on Finance Refer Amended to Appropriations
05/11/2026SenateSenate Committee on Appropriations Refer Amended to Senate Committee of the Whole
05/11/2026SenateSenate Second Reading Special Order - Passed with Amendments - Committee, Floor
05/12/2026SenateSenate Third Reading Laid Over Daily - No Amendments
05/13/2026SenateSenate Third Reading Passed with Amendments - Floor
05/13/2026HouseHouse Considered Senate Amendments - Result was to Concur - Repass
06/03/2026HouseSigned by the Speaker of the House
06/03/2026SenateSigned by the President of the Senate
06/03/2026GovernorSent to the Governor
06/04/2026GovernorGovernor Signed
05/13/2026SenateSenate Third Reading Passed - No Amendments

Recorded votes

Full text

Official record

View HB26-1223 on leg.colorado.gov

Source: Colorado General Assembly (leg.colorado.gov) · Data as of

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