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CO HB1275
Bill
Status
3/28/2016
Primary Sponsor
Mike Foote
Click for details
AI Summary
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Requires corporations incorporated in foreign tax haven jurisdictions for tax avoidance purposes to be included in combined corporate income tax reports filed with Colorado, overriding the previous 80% property/payroll exclusion threshold.
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Defines a "tax haven corporation" as any C corporation incorporated in a jurisdiction with no or nominal effective tax that meets at least one of five criteria, including lack of information exchange with other governments, absence of tax transparency, facilitation of foreign-owned entities without local presence, exclusion of resident taxpayers, or overall favorable tax avoidance regime.
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Allows corporations to prove to the Department of Revenue that foreign incorporation meets the economic substance doctrine under federal law, exempting them from tax haven classification.
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Submits a ballot measure to Colorado voters in November 2016 asking approval to increase taxes by an estimated $75 million annually from tax haven income, with revenues directed to elementary and secondary public school education and exempt from TABOR spending limitations.
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Requires the state controller to credit estimated tax revenue from this provision annually to the state education fund beginning in fiscal year 2017-18, to be appropriated for increasing total program education funding and categorical programs.
Legislative Description
Taxation Of Corp Income Sheltered In Tax Haven
Last Action
Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
3/28/2016