What a TABOR refund is

A TABOR refund is money Colorado returns to taxpayers when the state collects more tax revenue than the law allows it to keep. TABOR stands for the Taxpayer Bill of Rights, a 1992 amendment to Colorado's constitution that caps how much revenue the state can retain each year. When actual revenue exceeds that cap, the excess must go back to taxpayers—it is not optional, and the state cannot spend it.

The refund is not based on how much tax you personally paid. Instead, Colorado divides the total surplus among all state income tax filers proportionally. If you filed a Colorado tax return for the year in question, you are may have access to to a share, even if you did not owe taxes or received a refund that year.

TABOR refunds are separate from your regular income tax refund. They arrive as a second payment, usually several months after you file, and the amount varies year to year depending on how much surplus revenue the state collected.

Key Takeaways

  • TABOR refunds happen only when Colorado collects more revenue than the constitutional cap allows, which does not occur every year.
  • The refund is divided equally among all income tax filers, not based on individual tax liability or income level.
  • You must have filed a Colorado income tax return for the year the refund covers to receive a payment.
  • TABOR refunds arrive separately from your regular tax refund, typically in the fall or winter following the tax year.
  • The Colorado Department of Revenue handles TABOR refunds and posts payment dates and amounts on its website.

How Colorado determines the TABOR refund amount

Colorado's Department of Revenue calculates the total surplus by comparing actual state revenue to the TABOR limit. The limit is based on the prior year's revenue plus the rate of inflation (or population growth, whichever is higher). If revenue comes in above that cap, the difference is the surplus that must be returned.

Once the surplus is determined, the state divides it by the number of income tax returns filed that year. This produces a per-return amount—the same refund for every filer, regardless of income or tax paid. A person who earned $30,000 receives the same refund as someone who earned $300,000.

The calculation happens after the tax year ends and the state has collected most of its revenue. This is why TABOR refunds typically arrive months after the regular tax filing deadline. The state must wait until it has a clear picture of total revenue before it can calculate the surplus and the per-return amount.

When TABOR refunds have been issued

TABOR refunds are not annual. They occur only when revenue exceeds the constitutional cap, which has happened in some years but not others. Recent TABOR refunds were issued in 2022 and 2023, when Colorado experienced higher-than-expected revenue growth. Before that, refunds were issued in 2000 and 2001.

Whether a refund will occur in any given year depends on economic conditions, tax collection rates, and changes in state spending. The state cannot predict in advance whether a surplus will exist, so there is no set schedule. The Colorado Department of Revenue announces TABOR refunds after the fiscal year closes and the revenue picture is clear.

If you filed a Colorado return in a year when a TABOR refund was issued, you will receive a payment. If no surplus occurred that year, no refund is issued to anyone, regardless of individual circumstances.

How to receive your TABOR refund

If you filed a Colorado income tax return for a year in which a TABOR refund was issued, the state sends the payment automatically. You do not need to take any action or submit a form. The Department of Revenue has your address from your tax return and mails a check to you.

The state typically issues TABOR refunds by check in the mail. Payment dates vary depending on when the state finalizes its revenue calculations, but the Department of Revenue publishes the payment date on its website before checks are mailed. You can find this information on the Colorado Department of Revenue's TABOR page.

If you moved since you filed your return, the check may not reach you. If you do not receive your refund within a reasonable time after the announced payment date, contact the Department of Revenue to verify your address and request a replacement check or payment by other means.

Tracking your TABOR refund status

The Colorado Department of Revenue posts information about TABOR refunds on its official website, including the total surplus amount, the per-return refund amount, and the payment date. This is the only reliable source for current information about whether a refund is being issued and when you should expect it.

You can also contact the Department of Revenue directly by phone or through its website if you have questions about a specific refund or if you did not receive a payment you believe you are may have access to to. Have your Social Security number and tax return information available when you call.

Be cautious of third-party websites or services claiming to help you "track" or "claim" a TABOR refund. The refund is automatic and free—you do not need to pay anyone or use a service to receive it. If a payment is owed to you, the state will send it without any action on your part.

What to do if you did not receive your TABOR refund

If a TABOR refund was issued for a year you filed a Colorado return but you did not receive a check, start by confirming the payment date on the Department of Revenue website. Checks can take one to two weeks to arrive after the announced mailing date, depending on mail delivery times.

If the payment date has passed and you still have not received your check, contact the Colorado Department of Revenue. Provide your name, Social Security number, and the tax year the refund covers. The department can verify whether a check was issued to you and, if so, whether it was returned as undeliverable. If your address has changed, the department can reissue the payment or arrange an alternative method.

If you filed a joint return with a spouse, the check is typically issued in one name. Confirm that the check was not issued to your spouse's name or address. If you believe you should have received a refund but did not file a return for that year, you may not be may have access to to a payment—TABOR refunds go only to people who filed Colorado income tax returns.

TABOR refunds and your tax situation

A TABOR refund does not affect your regular income tax refund or your tax liability. It is a separate payment from the state based on the constitutional surplus rule, not on your individual tax situation. Receiving a TABOR refund does not change whether you owe taxes or are may have access to to a regular refund.

If you are self-employed or have complex income, a TABOR refund still applies to you in the same way—as a per-return amount divided equally among all filers. Your business income, deductions, or tax credits do not change the refund amount you receive.

TABOR refunds are not considered income for federal tax purposes. You do not report them on your federal return, and they do not affect your federal tax liability or refund.

Frequently Asked Questions

Do I have to do anything to get my TABOR refund?

No. If you filed a Colorado income tax return for the year the refund covers, the state sends the payment automatically by mail. You do not need to file a form, contact the state, or use any service. The refund arrives on its own.

Why do some years have TABOR refunds and others don't?

TABOR refunds occur only when Colorado's actual tax revenue exceeds the constitutional cap for that year. The cap is based on the prior year's revenue plus inflation or population growth. In years when revenue stays below the cap, no surplus exists and no refund is issued.

Is the TABOR refund amount the same for everyone?

Yes. Colorado divides the total surplus equally among all income tax filers. A person who earned $20,000 receives the same refund as someone who earned $200,000. The amount depends only on how many people filed returns that year and how large the surplus was.

What if I moved and didn't get my check?

Contact the Colorado Department of Revenue with your current address. The department can verify whether a check was mailed and reissue it if it was returned as undeliverable. Provide your Social Security number and the tax year the refund covers.

Does a TABOR refund count as income on my federal taxes?

No. TABOR refunds are not reported as income on your federal tax return and do not affect your federal tax liability or refund. They are a state-level payment only.