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charitable-donations

Welcome to my sixth in a series on state taxes! For information about what I’m trying to do, read my introductory bit. Next on the agenda, Colorado.

COLORADO

Population: 4,939,456 (22nd)

Capital: Denver

Largest City: Denver

Gross Domestic Product: $236 billion

GDP per capita: $40,963 (10th)

2008 election winner: Barack Obama

web site: http://www.colorado.gov/

Income Tax

Colorado does collect personal income tax. Taxes are a flat 4.63% of your federal taxable income, regardless of income level.

Colorado taxpayers must generally file an income tax return if they lived or worked in Colorado for part or all of the year.

Your filing status for Colorado purposes is the same as your federal filing status. If you file a joint federal return, you must file a joint Colorado return even if one spouse is not a Colorado resident.

Some special exemptions and incentives apply to taxpayers. For taxpayers receiving a pension, the first $20,000 (for persons 55 to 64 years of age) or the first $24,000 (for persons 65 years of age or older) of pension income is not taxed.

For families, payments or contributions made to qualified state tuition savings programs (529 programs) may be subtracted from taxable income. Additionally, taxpayers with federal adjusted gross income of $60,000 (in some cases $64,000) or less may claim a Colorado child care credit in addition to the federal child care credit.

The one “complicating” factor is the extensive system of credits. Colorado offers an additional 13 credits on personal income tax returns, including:

  • Plastic recycling investment credi
  • Colorado minimum tax credit
  • Historic property preservation credit
  • Child care center investment credit
  • Employer child care facility investment credit
  • School-to-career investment credit
  • Colorado works program credit
  • Child care contribution credit
  • Rural technology enterprise zone credit
  • Long term care insurance credit
  • Contaminated land redevelopment credit
  • Low-income housing credit
  • Weather related livestock sale credit
  • Aircraft manufacturer new employee credit

Colorado does participate in the Treasury Set Off program. A Colorado state tax refund will be taken to satisfy any outstanding liabilities owed to Colorado or to the Internal Revenue Service; a federal refund will be taken for same.

Colorado has a pretty nifty charitable giving program. Referred to as Checkoff Colorado, the program – the first of its kind in the country – allows taxpayers to make a donation to one of a number of charities by ticking a box on the taxpayer’s income tax return.

Colorado also includes a Colorado Organ & Tissue Donor Registry Form in its tax return booklet. As this is something that I feel very strongly about, I am pleased to see it.

Sales Tax.

Colorado imposes a state sales tax of 2.9% on any item priced at more than 17 cents. The total tax rate may be higher, depending on the district and local taxes that apply.

Sales tax is imposed on most retail goods and some services. In order to assist businesses and tax professionals with compliance issues, the Colorado Department of Revenue offers a series of free classes held throughout the Metro Denver Area, Colorado Springs, Fort Collins, Grand Junction and Pueblo. For those that cannot attend, there’s an online version of each class – that is service!

Tobacco Tax

Colorado’s cigarette tax is 84 cents per pack pack, currently the 32nd highest in the country. The national average now stands at $1.23.

There is also a tax on other tobacco products of 40% of the manufacturer’s list price.

In Colorado, the cigarette excise tax revenue is used to fund tobacco control programs – one of 12 states in the country to do so.

Gas Tax

The gas tax rate in Colorado is $.22 per gallon, making it the 33rd most expensive state in which to buy gas.

Property Taxes

Colorado does impose taxes on real property based on the assessed value of the property. Property tax calculations are determined by taking into consideration the actual value of the property; property classification; assessment rate; assessed value; and tax rate.

Seniors may be exempt from certain real property taxes. In addition, eligible taxpayers may receive a Property Tax/Rent/Heat Rebate. The program provides a rebate of property taxes and heating expenses to low income elderly and disabled individuals who reside in Colorado.

Colorado also imposes a tax on personal property according to the type of property and assessment value.

Inheritance and Estate Tax

Colorado does not impose an inheritance tax or a gift tax. Like most states, Colorado no longer has an estate tax since it was tied to the federal estate tax state death tax credit.

Overall Tax Burden

The overall tax burden in Colorado, taking into account taxes paid by individuals, results in a ranking as 34th most-tax burdened state in the country, according to Tax Foundation. Colorado has never been higher than 34th since the rankings were established.

taxgirl says

Colorado does a lot of things right. I have to say, I was really impressed by their state revenue department web site – so many of them are really terrible. It’s almost as if (gasp) the Colorado DOR wants you to understand your tax bill.

The relatively low tax burden ranking makes sense. Colorado bases their income tax on the federal income tax with few “add ons” and deductions that aren’t state tax incentive related. Keeping it simple helps.

Along those lines, while I’m generally not a pure flat tax fan, Colorado comes pretty close to getting it right. The state taxes earned and unearned income (the pure flat tax system would only tax earned income – that means the folks who work for wages could end up paying more than Warren Buffet by the dollar, not by percent). The rate is relatively low and by basing the rate on the federal income tax system which already takes exemptions and deductions into account, there is little additional need for more exemptions and deductions.

The exception to the “simple” rule is the series of personal tax credits available to personal taxpayers. Those credits constitute 13 lines of what is basically a 45 line tax return. Additionally, most of them are clearly behavior-related.

With respect to American Recovery and Reinvestment Act (Recovery Act) dollars, Colorado is near the middle of the pack in terms of funding allocations. The state will receive $1,587,564,761 from ARRA with the biggest chunk going to the State Fiscal Stabilization Fund.

The economy remains strong, despite the recession. Colorado home prices, modest to begin with, are expected to show a slight gain of 1% – a good sign in comparison to its neighbors to the west. Total personal income is expected to rise 2.7% in 2009, according to Patty Silverstein, president of Development Research Partners in Littleton and chief economist for the Metro Denver Economic Development Corp. In the 3rd quarter of 2008, Colorado’s personal income growth was the fourth fastest-growing in the nation.

I don’t believe in straight line statistics, or the idea that X equals Y. So I’m not going to buy into the idea that Colorado’s lower tax burden is solely responsible for its continued solid economy. There are clearly other factors in play. But you have to give it some serious consideration. Sure, Colorado has well-to-do individuals that can afford to pay more but so does California and look where that’s gotten them.

A great example of the differences between Colorado and other states can be seen with respect to beer taxes (yes, beer taxes – I was researching this recently for a piece in the Legal Intelligencer). As the “home of the Rockies” and a certain major brewer (whose name I cannot utter lest my husband never forgive me), Colorado could afford to raise the excise taxes on beer. Americans tend to support those kind of increases, as opposed to income taxes. But instead of increasing taxes on beer, Colorado increased the opportunity to buy beer: they repealed the ban on selling beer on Sundays. The result? Increased excise tax revenue by more than 7%. No increased tax rates.

Thinking outside of the box is what we should demand of our lawmakers. It seems like, when it comes to taxes, Colorado is moving in the right direction.

(Note: tax rates were current as of 05-18-2009 and were taken from the CO Department of Revenue)

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Just days after President Obama outlined his proposed budget, which includes tax modifications (yeah, it’s a cheesy word, keep reading) for high wage earners, key leaders in Congress are making noise that they might not be in support of the plan. Chief among them is Senate Finance Committee Chairman Max Baucus (D-MT) who questioned whether the plan would work.

The White House is touting the plan as necessary to make a dent in a spiraling deficit and to pay for the cost of health care reform. At least half of the funds for those are expected to come from revenue raised from the tax increase.

But is it a tax increase? Phase one of the plan is to increase the top tax rate on individual taxpayers earning more than $200,000 and married taxpayers making more than $250,000 from 35% to 39.6%. Opponents of the increase say that Obama is singling out successful taxpayers. But the White House is careful to point out that the “increase” is actually the result of the expiration of a tax cut enacted under President Bush. The Bush tax cuts were not made permanent and are scheduled to sunset back to the original rates in 2011. In other words, those rates will increase if Congress doesn’t do anything at all (a pretty good bet).

More problematic for the Obama administration is the plan to limit deductions. As previously blogged, the White House has proposed limiting deductions for charitable donations, mortgage interest and state and local taxes. Under the current rate structure, taxpayers in a 35% tax bracket save $350 for each corresponding $1000 in deductions. Reducing the deduction limit to 28% means that taxpayers in the highest brackets would lose $70 in tax savings for each $1000 in deductions. Interestingly, these are the same deduction limits that were in effect during the Reagan years (though the top rates were lower).

Republicans have criticized the plan, citing concerns about the effects on charitable donations. Democrats have echoed these concerns, making it clear that the proposal is by no means a done deal.

Here’s my prediction: Congress does nothing. Sure, that’s a good prediction at the best of times. But this time, I’m serious. If Congress does nothing, the top rates go up anyway and the deductions remain at their current rates. Voila! Congress at work.

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There’s a bag of used clothes on my porch that it is on its way to the Salvation Army (though not in this snow!). Like many Americans, my family makes an effort to give to a variety of charitable causes throughout the year. But why do we do it?

I was raised to believe that it’s important to help others that are less fortunate than ourselves. Even when times were tough for our own family, my mom would insist that we devote time and resources to helping others. It is something that I have always carried with me – from college to law school – and now something that I hope to pass along to my children. So I’d like to think that we do it because it’s the right thing to do.

But I’m not going to lie to you. The appeal of a charitable deduction on my taxes definitely influences the type and destination of my dollars and “in kind” donations. And I’m not alone. A 2001 study by the AAFRC revealed that more than half of wealthy people (54%) said tax benefits induce them to give.

These kind of statistics are what worries charitable organizations about President Obama’s new budget. President Obama has proposed limiting the value of the tax break for all itemized deductions, including donations to charity, to 28% for taxpayers making $200,000 or more, and couples making $250,000 or more. Currently, taxpayers who are in a 33% or 35% tax bracket take deductions at that rate. Obama believes that the reduction could save the federal government $179.8 billion over 10 years.

Saving the feds money sounds like a good thing. But what worries charitable organizations is whether the result would be less philanthropic giving.

A quick, informal poll on twitter indicated that it might. I asked, If the charitable deduction were eliminated, would you still donate at your current level? Pls be honest. The results were mixed, with about half saying that it wouldn’t affect them as they either didn’t take the deduction in the first place or donated for reasons other than tax benefits. The other half said that it would definitely affect their donations.

Statistically, this is pretty much in keeping with the norm. In the US, the two groups in the United States that give the highest percentages of their income are low income (those making less than $20,000 per year) and upper income (those making more than $100,000 per year). That means that roughly half of those who give the most don’t anticipate receiving a deduction for a charitable donation (since most lower income taxpayers do not itemize).

It’s an interesting policy question when you look at the data. We’d like to think that folks give to charity because they want to create change in the world – and about half of those who give seem to follow that philosophy. Others who give do so for a mix of reasons but tax deductions clearly figure in to the decision of where to give, when to give and how much to give. Is that something we want to encourage? What drives a person who doesn’t get (or in some cases, want) a tax deduction to make a donation? And is there something inherently different about that person than those who do some in exchange for the deduction? Or is the deduction really a fake carrot?

Without the deduction, some taxpayers claim that they wouldn’t give as much – but is that really true? Is it simply that they’ve become accustomed to taking the deduction that they associate giving with the deduction?

It seems that most taxpayers really don’t want to find out. The plan, as proposed by Obama, is being decried on both sides of the aisle. I don’t expect it to become law, as the political fall out would be pretty severe. But it does make you think: should charitable giving be rewarded with a tax deduction or should giving be enough of a reward? And if it’s really all about encouraging donations, why aren’t the deductions above the line so that lower income families can take advantage of them, too? I’d love to hear your thoughts.

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Taxpayer asks:

While we were out shopping, I put a $20 in the Salvation Army kettle in front of the store. I say we can take that as a deduction but my husband says no. Who is right?

P.S. I have a new digital camera riding on your answer.

Taxgirl says:

Gosh. I hope your old digital camera is working just fine… The answer is that your husband is right.

The IRS changed a number of rules effective January 1, 2007, for charitable giving. One of the rules is that all charitable donations of cash (or cash equivalent), no matter what the amount, must be supported by written documentation. This means that checks and credit card sales are generally okay so long as you can clearly identify the donation portion. Cash is okay, too, but only if you can get a receipt.

Handing cash over to an organization without getting a receipt? Not deductible.

This isn’t to say that you shouldn’t do it. I gave my kids a couple of dollars to put in the red kettle the other day (and the bell ringer let them each give the bell a go, which they thought was awesome). If you’re inclined to support charitable causes like the Salvation Army and Alex’ Lemonade Stand that may ask for cash on the street, don’t let the lack of a tax deduction keep you from doing it. You might consider giving a dollar or two on the street and then going home and writing a check or making a donation online – that way, you get the immediate warm fuzzies for making a donation on the street AND you get the benefit of the tax deduction for your larger donation.

I had a similar question last year about making donations to churches for needy families – make sure you check it out.

Speaking of, the end of the tax year is rapidly approaching. You only have a few more weeks to make a donation to a qualified charitable organization in order to claim your federal tax deduction. Why not double your impact by telling us about your favorite charity? Leave a note in the comments at this prior post (click here) and the charity that you name may get an additional contribution.

Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.

Have a question? Ask the taxgirl!

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IRS Car Charity Rules Drives Donations Down

14 July 2008

Image details: Junk car served by picapp.com
I’m sure that you’ve seen a number of signs and ads that encourage you to donate your vehicle to charity. In our area, they’re plastered all over the place… Do they actually work?
Not so much anymore. In 2004, Congress changed the rules regarding car donations for [...]

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Ask the taxgirl: Charity and deductions

8 April 2008

Taxpayer asks:
Hi taxgirl,
There is a woman at our church who recently lost her home in a storm. A few of us put our heads together and decided to take up a collection for her. We collected money, housewares, bedding, you name it. She lost almost everything that she owned so we started [...]

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9 Child-Related Tax Breaks That You May Be Overlooking

28 February 2008

In recent weeks, I’ve received a flurry of emails from parents asking about whether band uniforms, soccer cleats and other expenses related to children are deductible. I thought it might be useful to have a checklist of some child-related deductions that you may be overlooking.
1, Child tax credit. If your modified AGI (adjusted [...]

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9 Ways to Get Your Tax Return Noticed by the IRS (and that’s not a good thing)

23 September 2007

1. Don’t check your math. While most people use software these days, some taxpayers still do their forms 1040 (and 1040-EZ) by hand and math errors are the top mistake that taxpayers make. What you might not know is that the IRS has a staff of “checkers” who basically doublecheck your math. If your [...]

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