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Congresswoman Lauren Boebert urges the IRS to not tax TABOR refunds

Posted at 6:58 AM, Sep 06, 2023
and last updated 2023-09-06 09:01:08-04

WASHINGTON — Congresswoman Lauren Boebert joins a list of other Colorado political leaders calling on the Internal Revenue Service (IRS) to review recent guidelines it has issued.

Last week, those new guidelines raised questions about whether or not TABOR refund checks could be considered taxable income by the IRS for those who file itemized returns. The new guidance would reverse 30 years of taxing history, that has seen TABOR fund checks as nontaxable.

“More than half of Americans are living paycheck-to-paycheck and now Joe Biden's IRS wants to tax TABOR refunds for Coloradans? Absolutely not. I will do everything in my power to stop this ridiculous effort to grab even more taxpayer dollars from hard-working families in the 3rd District,” said Congresswoman Boebert on Tuesday.

This comes as the Colorado Congressional Delegation wrote to the IRS urging them to reconsider the new proposals last week as well.

You can read Congresswoman Lauren Boebert's full letter to the IRS below:

Dear Commissioner Werfel:

As you look into the application of recent Internal Revenue Service (IRS) guidance, specifically Notice 2023-56, within the context of Colorado's tax regulations, I request your careful consideration to exclude Colorado's Taxpayer's Bill of Rights (TABOR) refunds from taxation.

In 1992, Colorado enacted the TABOR amendment, which imposes constraints on the amount of tax revenue retained by the state, mandating the return of any surplus revenue to our taxpayers. The IRS has consistently refrained from categorizing TABOR refunds as taxable income. This historical practice aligns with the IRS's traditional respect for states' autonomy in designing and administering tax refund procedures. Maintaining this course of action makes logical sense and has been a consistent practice.

I urge the IRS not to turn away from this well-established precedent, which spans over three decades. It is of utmost importance that we work together to eliminate the current uncertainty surrounding this issue. By doing so, we can ensure that Colorado taxpayers are not subjected to further confusion and the potential imposition of an unprecedented tax burden. I am eager to arrange a meeting at your earliest convenience to engage in a genuine discussion on this matter, with the goal of achieving a fair and just resolution.
Congresswoman Lauren Boebert


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