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CO HB1275

Bill

Status

Failed

3/28/2016

Primary Sponsor

Mike Foote

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

State, Veterans, & Military Affairs3/9/2016
Appropriations2/24/2016
Finance2/17/2016

Full Bill Text

No bill text available