HB 1005 underscores that removing the vendor fee “is not a tax policy change … because it does not in any way affect the amount of sales tax imposed on and paid by taxpayers.” This is important because Colorado’s Taxpayer’s Bill of Rights (TABOR) requires state and local governments to obtain voter approval to establish new taxes.
Colorado has changed the rules for service fee eligibility and calculations annually over the last several years without voter approval. It capped the amount a retailer was allowed to retain beginning January 1, 2020, and eliminated the service fee for certain large retailers starting January 1, 2022.
Even if removing the vendor fee could be considered a tax policy change, notes the legislation, it would only be a “de minimis tax revenue increase.” The average fee retained by each business is $60.