Colorado's TABOR refund goes to people who filed a state income tax return for that tax year, regardless of whether they owed taxes or got a refund

Colorado's Taxpayer Bill of Rights (TABOR) refund is not based on income level, filing status, or how much tax you paid. The state legislature decides each year whether a refund happens at all, based on whether tax revenue exceeded the TABOR spending limit. If it did, the excess money goes back to taxpayers who had a Colorado return on file. That means you needed to file a 1040 or 1040-SR with Colorado, even if you owed nothing or received a federal refund.

The refund amount varies by year and is the same percentage for everyone who receives one. In 2023, for example, Colorado issued a 3.55% refund on tax paid. The actual dollar amount depends on how much Colorado income tax you paid that year, not on your total income or family size.

If you did not file a Colorado return that year—because you had no income, lived out of state, or were not required to file—you will not receive a TABOR refund for that year, even if you lived in Colorado at the time.

Key Takeaways

  • You must have filed a Colorado income tax return for the tax year in question to receive a TABOR refund; the refund is not based on income level or need.
  • The refund is a percentage of Colorado income tax you paid that year, so the dollar amount varies by how much tax you owed.
  • Colorado's legislature decides each year whether revenue exceeded the TABOR limit; if it did not, no refund is issued that year.
  • Non-residents, people with no Colorado income, and those who did not file a return do not receive a TABOR refund.

When Colorado issues a TABOR refund and how much it is

The Colorado legislature votes on whether to issue a TABOR refund after the fiscal year ends and the state knows its actual revenue. This decision happens in the spring, and refunds typically arrive in the summer or fall of the following year. The timing and amount change year to year because they depend on how much revenue came in and how much the TABOR limit allowed the state to spend.

The refund percentage is calculated by the state and applied uniformly to all may be able to access taxpayers. A 3% refund means everyone who filed gets 3% of the Colorado income tax they paid back; a 5% refund means 5% back. The state publishes the percentage once it is decided, and you can find it on the Colorado Department of Revenue website.

Not every year produces a refund. If revenue stayed within the TABOR limit, no refund is issued. The state can also choose to keep the excess revenue if the legislature votes to do so, which has happened in some years.

Who filed a Colorado return and who did not

You filed a Colorado return if you submitted a Colorado income tax form (usually Form 104) to the state, even if you also filed a federal return. Colorado requires residents to file if they had Colorado income and met the income thresholds that year. Non-residents who worked in Colorado may also have been required to file.

You did not file a Colorado return if you lived out of state the entire year, had no Colorado income, or were below the filing threshold. Military members stationed out of state, people who moved to Colorado partway through the year, and retirees with no Colorado-source income are common examples of people who may not have filed.

If you are unsure whether you filed, check your records for a Colorado Form 104 or a copy of your state return. You can also contact the Colorado Department of Revenue to ask whether a return is on file for you under your Social Security number.

How the refund reaches you

Colorado typically issues TABOR refunds as direct deposits to the bank account you listed on your return, or as a paper check mailed to your address on file. If your return was filed electronically and included banking information, direct deposit is the default. If you filed on paper or did not provide banking details, you receive a check.

The state sends refunds in batches over several weeks or months, so not everyone receives theirs on the same date. You can track your refund status on the Colorado Department of Revenue website by entering your Social Security number and filing status. The site shows whether your refund has been issued and when it was sent.

If you moved since filing your return, update your address with the Colorado Department of Revenue before the refund is issued. A check sent to an old address may be returned to the state, and you will have to claim it later.

What happens if you did not file but lived in Colorado

If you lived in Colorado during the tax year but did not file a return because your income was below the threshold or you had no income, you do not receive a TABOR refund for that year. The refund is tied to having filed a return, not to residency alone.

This is one reason some people file even when they are not required to: if they expect a TABOR refund, filing ensures they are in the system to receive it. If you think you should have filed, you can file a late return with the Colorado Department of Revenue. A late return filed after the refund has already been issued will not get you that year's refund, but it may help with future years.

TABOR refunds for people who moved or changed status

If you moved to Colorado partway through the year, you file a Colorado return only for the months you lived there (or for the full year, depending on the state's rules that year). You are still may be able to access for a TABOR refund if you filed, and the refund is based on the Colorado tax you paid during your time in the state.

If you moved out of Colorado before the refund was issued, the state will still send it to the address you listed on your return. Update your address with the Colorado Department of Revenue if you moved after filing, so the refund reaches you.

If you filed as a non-resident because you worked in Colorado but lived elsewhere, you may still receive a TABOR refund if the state issued one that year. The refund is based on Colorado income tax you paid, regardless of where you lived.

Frequently Asked Questions

Do I get a TABOR refund if I owed no Colorado income tax?

No. The refund is a percentage of Colorado income tax you paid. If you owed zero tax—because your income was too low or you had no Colorado income—there is no tax to calculate a refund from, and you receive nothing.

What if I filed a joint federal return but only one spouse filed Colorado?

Only the person who filed the Colorado return receives a TABOR refund for that year. If both spouses had Colorado income and both should have filed, both should file separate Colorado returns to each receive a refund.

Can I claim a TABOR refund I missed in a previous year?

If a refund was issued and you did not receive it, contact the Colorado Department of Revenue with your Social Security number and the year in question. They can tell you whether the refund was sent and help you locate it. Refunds issued years ago may no longer be available.

Do I need to report a TABOR refund on my federal taxes?

No. A TABOR refund is a refund of state taxes you already paid, not income. It does not appear on your federal return and does not affect your federal tax liability.

What if I filed a Colorado return but moved and did not update my address?

The state will mail your refund check to the address on file. If you moved, contact the Colorado Department of Revenue with your new address before the refund is issued. If the check was already mailed and returned, the state holds it and you can claim it by contacting them with proof of your identity.