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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0536.01 Sam Anderson x4218 HOUSE BILL 26-1048
House Committees Senate Committees
Finance
A BILL FOR AN ACT
CONCERNING A SALES AND USE TAX HOLI DAY FOR BACK-TO-SCHOOL101
ITEMS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Section 1 of the bill creates a time-limited state sales and use tax
exemption (tax holiday) for back-to-school items. The tax holiday applies
to the last weekend of July 2027 and reoccurs at approximately the same
time in 2028 and 2029. A "back-to-school item" means an article of
clothing, a school supply, or a learning aid that is purchased primarily for
use by an individual who is under 21 years old. The exemption for each
HOUSE SPONSORSHIP
Winter T.,
SENATE SPONSORSHIP
Pelton B., Carson
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
item is limited by cost as follows:
! $100 for an article of clothing;
! $50 for a school supply; and
! $30 for a learning aid.
Section 2 permits a town, city, or county to create a tax holiday for
back-to-school items that is identical to the state tax holiday.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 39-26-735 as2
follows:3
39-26-735. Back-to-school items - tax preference performance4
statement - rules - legislative declaration - definitions - repeal.5
(1) I N ACCORDANCE WITH SECTION 39-21-304 (1), WHICH6
REQUIRES EACH BILL THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE7
A TAX PREFERENCE PERFORMANCE STATEMENT AS PART OF A STATUTORY8
LEGISLATIVE DECLARATION, THE GENERAL ASSEMBLY HEREBY FINDS AND9
DECLARES THAT:10
(a) T HE GENERAL LEGISLATIVE PURPOSE OF THE EXEMPTION11
ALLOWED BY THIS SECTION IS TO PROVIDE TAX RELIEF TO CERTAIN12
INDIVIDUALS;13
(b) T HE SPECIFIC LEGISLATIVE PURPOSE OF THE EXEMPTION14
ALLOWED BY THIS SECTION IS TO INCREASE THE AFFORDABILITY OF15
BACK-TO-SCHOOL ITEMS AND TO REDRESS THE BURDEN THAT THE16
IMPOSITION OF SALES TAX PLACES ON MILLIONS OF PARENTS AND OTHER17
CAREGIVERS FOR YOUNG CHILDREN IN COLORADO FOR WHOM SUCH18
BACK-TO-SCHOOL ITEMS ARE ESSENTIAL; AND19
(c) TO ALLOW THE GENERAL ASSEMBLY AND THE STATE AUDITOR20
TO MEASURE THE EFFECTIVENESS OF THE EXEMPTION ALLOWED BY THIS21
SECTION, THE STATE AUDITOR, IN COLLABORATION WITH THE DEPARTMENT22
HB26-1048-2-
PURSUANT TO SUBSECTION (6) OF THIS SECTION , SHALL IDENTIFY1
AVAILABLE DATA SOURCES AND ESTIMATE THE SAVINGS THAT THE2
EXEMPTION FOR BACK -TO-SCHOOL ITEMS PROVIDES TO TAXPAYERS IN3
COLORADO FOR WHOM BACK-TO-SCHOOL ITEMS ARE ESSENTIAL DURING4
THE STATE AUDITOR 'S EVALUATION OF THE EXEMPTION PURSUANT TO5
SECTION 39-21-305.6
(2) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE7
REQUIRES:8
(a) "BACK-TO-SCHOOL ITEM" MEANS AN ARTICLE OF CLOTHING, A9
SCHOOL SUPPLY, OR A LEARNING AID THAT IS PURCHASED PRIMARILY FOR10
USE BY A MINOR.11
(b) "CLOTHING" MEANS:12
(I) A NY ARTICLE OF APPAREL INTENDED TO BE WORN ON AN13
INDIVIDUAL, EXCLUDING A CLOTHING ACCESSORY; AND14
(II) ANY FOOTWEAR, EXCLUDING SKIS, SNOWBOARDS, SWIM FINS,15
ROLLER BLADES, SKATES, AND OTHER RECREATIONAL EQUIPMENT.16
(c) "CLOTHING ACCESSORY" MEANS AN INCIDENTAL ITEM WORN17
ON AN INDIVIDUAL OR USED IN CONJUNCTION WITH CLOTHING. "CLOTHING18
ACCESSORY" INCLUDES JEWELRY , WALLETS, WATCHES, HATS, SCARVES,19
HOSIERY, TIES, BELTS, AND UMBRELLAS.20
(d) "DEPARTMENT" MEANS THE DEPARTMENT OF REVENUE.21
(e) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF22
THE DEPARTMENT.23
(f) "LEARNING AID" MEANS A BOOK OR TOY INTENDED TO TEACH24
SKILLS TO CHILDREN, INCLUDING A SET OF STACKING OR NESTING BLOCKS,25
FLASH CARDS OR OTHER LEARNING CARDS , A MATCHING OR MEMORY26
GAME, A PUZZLE BOOK OR A SEARCH-AND-FIND BOOK, OR AN INTERACTIVE27
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OR ELECTRONIC BOOK.1
(g) "SCHOOL SUPPLY" MEANS AN ART SUPPLY, BACKPACK, BINDER2
POCKET, BINDER, BLACKBOARD CHALK, CALCULATOR, CELLOPHANE TAPE,3
CLAY AND GLAZE , COMPASS , COMPOSITION BOOK , CRAYON SET ,4
DICTIONARY OR THESAURUS, DRY ERASE MARKER AND ERASER, FOLDER,5
GLUE AND PASTE, HIGHLIGHTER, INDEX CARD SET AND BOX, LUNCH BOX,6
MAP OR GLOBE, MARKER, NOTEBOOK AND DIVIDER, PAPER OR PAD, PENCIL7
BOX OR OTHER BOXES FOR SCHOOL SUPPLIES, PENCIL SHARPENER, PENCIL8
AND ERASER , PEN , PROTRACTOR , REFERENCE BOOK , RULER , SCISSORS ,9
TEXTBOOK, OR WORKBOOK.10
(3) (a) C OMMENCING WITH THE FORTY -EIGHT-HOUR PERIOD11
BEGINNING AT 11:59 P.M. ON JULY 23, 2027, AND ENDING AT 11:59 P.M. ON12
JULY 25, 2027, AND FOR THE FORTY-EIGHT-HOUR PERIODS BEGINNING AT13
11:59 P.M. ON JULY 28, 2028, AND ENDING AT 11:59 P.M. ON JULY 30,14
2028, AND BEGINNING AT 11:59 P.M. ON JULY 27, 2029, AND ENDING AT15
11:59 P.M. ON JULY 29, 2029, THE SALE OF BACK-TO-SCHOOL ITEMS PRICED16
LESS THAN THE LIMIT ESTABLISHED IN SUBSECTION (3)(b) OF THIS SECTION17
IS EXEMPT FROM THE SALES TAX LEVIED PURSUANT TO PART 1 OF THIS18
ARTICLE 26.19
(b) THE LIMIT FOR EACH BACK-TO-SCHOOL ITEM IS:20
(I) ONE HUNDRED DOLLARS FOR AN ARTICLE OF CLOTHING;21
(II) FIFTY DOLLARS FOR A SCHOOL SUPPLY; AND22
(III) THIRTY DOLLARS FOR A LEARNING AID.23
(4) THE STORAGE, USE, OR CONSUMPTION OF A BACK-TO-SCHOOL24
ITEM THAT IS EXEMPT AT THE TIME OF PURCHASE FROM SALES TAX25
PURSUANT TO SUBSECTION (3) OF THIS SECTION IS EXEMPT FROM THE USE26
TAX LEVIED PURSUANT TO PART 2 OF THIS ARTICLE 26.27
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(5) THE EXECUTIVE DIRECTOR MAY:1
(a) M ODIFY EXISTING FORMS OR CREATE NEW FORMS AS2
NECESSARY TO FACILITATE THE EXEMPTION CREATED IN THIS SECTION ;3
AND4
(b) ADOPT RULES FOR THE ADMINISTRATION AND ENFORCEMENT5
OF THIS SECTION.6
(6) T HE DEPARTMENT , IN CONSULTATION WITH THE STATE7
AUDITOR, SHALL COLLECT THE INFORMATION NECESSARY FOR THE STATE8
AUDITOR TO MEASURE THE EFFECTIVENESS OF THE EXEMPTION CREATED9
IN THIS SECTION AS REQUIRED BY SUBSECTION (1)(c) OF THIS SECTION.10
(7) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2033.11
SECTION 2. In Colorado Revised Statutes, 29-2-105, amend (1)12
introductory portion, (1)(d)(I)(T), and (1)(d)(I)(U); and add (1)(d)(I)(V)13
as follows:14
29-2-105. Contents of sales tax ordinances and proposals.15
(1) The sales tax ordinance or proposal of any incorporated town,16
city, or county adopted pursuant to this article 2 shall MUST be imposed17
on the sale of tangible personal property at retail or the furnishing of18
services, as provided in subsection (1)(d) of this section. Any countywide19
or incorporated town or city sales tax ordinance or proposal shall MUST20
include the following provisions:21
(d) (I) A provision that the sale of tangible personal property and22
services taxable pursuant to this article 2 is the same as the sale of23
tangible personal property and services taxable pursuant to section24
39-26-104, except as otherwise provided in this subsection (1)(d). The25
sale of tangible personal property and services taxable pursuant to this26
article 2 is subject to the same sales tax exemptions as those specified in27
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part 7 of article 26 of title 39; except that the sale of the following may be1
exempted from a town, city, or county sales tax only by the express2
inclusion of the exemption either at the time of adoption of the initial3
sales tax ordinance or resolution or by amendment thereto:4
(T) The exemption for sales of heat pump systems and heat pump5
water heaters set forth in section 39-26-732; and6
(U) The exemption for sales of energy storage systems set forth7
in section 39-26-733; AND8
(V) T HE EXEMPTION FOR BACK -TO-SCHOOL ITEMS SPECIFIED IN9
SECTION 39-26-735 (3), FOR THE SAME PERIODS THAT THE STATE10
EXEMPTION IS AVAILABLE.11
SECTION 3. Act subject to petition - effective date. This act12
takes effect at 12:01 a.m. on the day following the expiration of the13
ninety-day period after final adjournment of the general assembly; except14
that, if a referendum petition is filed pursuant to section 1 (3) of article V15
of the state constitution against this act or an item, section, or part of this16
act within such period, then the act, item, section, or part will not take17
effect unless approved by the people at the general election to be held in18
November 2026 and, in such case, will take effect on the date of the19
official declaration of the vote thereon by the governor.20
HB26-1048-6-