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Tax Expenditure Evaluations

Section 39-21-305(1)(c.5) and (d), C.R.S., requires the State Auditor to evaluate all of the State’s tax expenditures at least once prior to the legislative session before they are scheduled to expire and gives the State Auditor discretion to evaluate an expenditure again if there have been substantial changes to the expenditure. Additionally, Section 39-21-306, C.R.S. requires that we annually report on the impact of the State’s policy of using federal taxable income as the basis for Colorado taxable income including any changes that may significantly impact the State's tax base.

Section 39-21-403(2)(c)(I), C.R.S., requires the Legislative Oversight Committee Concerning Tax Policy to consider our tax expenditure evaluation reports' policy considerations and review of federal income tax law. It also allows the Committee to direct the State Auditor to evaluate up to three additional tax expenditures per year and prepare up to two reports annually on specific and discrete topics related to existing tax policy. We publish evaluation reports as they are completed throughout the year. Our anticipated review schedule through June 30, 2025 is provided below. Please note that this schedule will be updated periodically.

Fiscal Year 2025 Reports

Expenditure/Topic Reason for Review Publication Date
Agricultural Aviation Fuel Refund Complete the review, which we started prior to the passage of HB 24-1053. August 2024
Manufacturing Sales Tax Exemptions Complete the review, which we started prior to the passage of HB 24-1053. December 2024
ABLE Savings Account Contribution Deduction Expires on 12/31/2025. January 2025
Early Childhood Educator Credit Expires on 12/31/2025. February 2025
Rural Jump Start Tax Expenditures The General Assembly made substantial changes to the expenditures since our previous review. February 2025
Medical Supplies Exemption – Essential Hygiene Products The General Assembly added two additional exemptions since our last review. March 2025
Regional Home Office Rate Reduction The General Assembly made substantial changes to the expenditure since our previous review. March 2025
Oil and Gas Severance Tax Netback Expenses Deductions The General Assembly made substantial changes to the expenditures since our previous review. May 2025
Senior Housing Credit First available for 1 year in Tax Year 2022. Reinstated by the General Assembly for 2024. We will review the 2022 version. Anticipated June 2025
Expenditures Related to Sustainable Aviation Fuel The Legislative Oversight Committee Concerning Tax Policy selected these expenditures for review. May 2025
Downloadable Software The Legislative Oversight Committee Concerning Tax Policy selected this expenditure for review. Anticipated May 2025
Tax Topic − Business incentives in tax policy The Legislative Oversight Committee Concerning Tax Policy selected this tax topic for review. Anticipated June 2025
Tax Topic − A review of best practices for how a state can best promote tax incentives The Legislative Oversight Committee Concerning Tax Policy selected this tax topic for review. Anticipated June 2025
Federal Tax Policy Review Required annually. Anticipated June 2025

Recently Released Reports and Memos

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Report Title Issue Date Report No.
Increasing Taxpayer Awareness and Utilization of Tax Expenditures June 2025 2025-TE11
Report on Federal Tax Law Provisions and Changes that Impact the Colorado Tax Base June 2025 2025-TE10
Software Sales Tax Exemption Memo June 2025 2025-TE9
Oil and Gas Severance Tax Deduction Memo May 2025 2025-TE8
Sustainable Aviation Fuel Incentives Memo May 2025 2025-TE7
Senior Housing Income Tax Credit June 2025 2025-TE6
Regional Home Office Insurance Premium Tax Rate Reduction March 2025 2025-TE5
Essential Hygiene Products Exemptions March 2025 2025-TE4
Early Childhood Educator Credit February 2025 2025-TE3
Rural Jump-Start Tax Expenditures February 2025 2025-TE2
Colorado ABLE Savings Account Contribution Deduction January 2025 2025-TE1
Manufacturing Sales Tax Exemptions December 2024 2024-TE8
Agricultural Applicator Aviation Fuel Tax Refund August 2024 2024-TE7
Fuel Excise Tax Expenditures June 2024 2024-TE6
Business Personal Property Tax Income Tax Credit June 2024 2024-TE5
State Income Tax Refund Deductions February 2024 2024-TE4
Tax-Exempt Organization Insurance Premium Tax Deduction February 2024 2024-TE3
Dyed Special Fuels and Off-Road Fuel Use Tax Expenditures February 2024 2024-TE2
Deduction of Wages and Salaries Due to IRC 280C February 2024 2024-TE1
Residential Energy Storage Credit Memo November 2023 2023-TE22
Film Incentive Tax Credit Memo November 2023 2023-TE21
Alternative Transportation Options Credit for Employers Memo November 2023 2023-TE20
Child Care Expenses Income Tax Credits December 2023 2023-TE19
Organ Donor Employer Credit December 2023 2023-TE18
Fraternal Society Exemption November 2023 2023-TE17
Credit for Unsalable Alcohol November 2023 2023-TE16
Contaminated Land Redevelopment Credit November 2023 2023-TE15
Wholesales Sales Tax Exemption August 2023 2023-TE14
Agricultural Sales Tax Exemptions August 2023 2023-TE13
Credit for Insolvency Assessments Paid August 2023 2023-TE12
Rural & Frontier Healthcare Preceptor Credit August 2023 2023-TE11
Credit for Taxes Paid to Other States May 2023 2023-TE10
Farm Close-Out Sales Tax Exemption May 2023 2023-TE9
Sales to Charitable Organizations Exemption May 2023 2023-TE8
Sacramental Wine Exemption May 2023 2023-TE7
Newsprint & Printer's Ink and Newspapers Exemptions May 2023 2023-TE6
Structural Insurance Premium Tax Expenditures February 2023 2023-TE5
Wildfire Mitigation Deduction February 2023 2023-TE4
Long-Term Lodging Exemption February 2023 2023-TE3
Military Retirement Benefits Deduction January 2023 2023-TE2
Home Modification Tax Credit January 2023 2023-TE1

Evaluation Reports by Tax Type

Tax Compilation, Federal Income Tax, and Tax Topic Reports

On an annual basis, the OSA publishes a tax expenditures compilation report, which includes all individual tax expenditure reports published during the fiscal year. In addition, we annually publish a federal tax law report and up to two tax topics reports, as directed by the Legislative Oversight Committee Concerning Tax Policy.

What is a Tax Expenditure?


State statute defines a tax expenditure as a tax provision that provides a gross or taxable income definition, deduction, exemption, credit, or rate for certain persons, types of income, transactions, or property that results in reduced tax revenue. Tax expenditures are typically not subject to any state agency’s oversight or the State’s annual budget and appropriations process, but are called expenditures because they decrease available state funds by reducing the amount of revenue the State collects from excise, income, insurance premium, sales and use, and severance taxes.

The Department of Revenue's Tax Profile and Expenditure Report summarizes all state tax expenditures.

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Additional Tax Resources

Additional information on the State of Colorado's tax policies and tax collection process is available through Colorado Legislative Council Staff and the Colorado Department of Revenue's Taxation Division.