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 Kozi Checks & Balances TaxTactics News 
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March 13.2026
3 Minutes Read

How Colorado's Proposal to Tax Phantom Income Risks Stifling Innovation

Colorado State Capitol dome on clear day, Colorado Phantom Income Tax.

Understanding Colorado's Tax Proposal: Phantom Income Explained

In an intriguing yet contentious move, Colorado has introduced legislation aiming to tax what is referred to as "phantom income." This decision has rooted itself in a broader examination of the state’s tax framework, particularly concerning the alternative minimum tax (AMT) and net operating loss (NOL) provisions. Proponents of the bill argue that it seeks to ensure fairness in the tax system; however, critics warn of potential economic repercussions that could adversely impact local businesses and startups.

The Complexities of Phantom Income

Phantom income essentially refers to income that appears on paper but does not translate into actual revenue. Under the proposed HB26-1221, Colorado would implement changes that eliminate the AMT credit, which previously acted as a protective buffer against double taxation. With this credit removed, various deductions aimed at capital investments—and timing differences involved in income recognition—could lead to businesses being taxed on profits they never truly realized.

Concerns from the Business Community

The proposed tax measures have drawn sharp criticisms from industry groups, particularly companies and startups operating at tight margins. The elimination of certain deductions could force businesses to pay taxes on inflated incomes, which can skew financial reporting and complicate future investment decisions. This is especially concerning for startups that may operate at a loss initially but plan to grow and expand. The feedback from the Colorado Chamber of Commerce underscores a general sentiment: the changes could impose hurdles that stifle innovation and investment in the state.

Comparisons to National Trends

Colorado's moves echo a national trend as states reevaluate their tax structures in light of changing economic realities. Many states have chosen to phase out or eliminate their AMT due to its complexities and the growing costs associated with compliance. Most notably, Colorado, which closely aligns with federal tax codes, might be replicating issues seen elsewhere, like administrative burdens and taxpayer discontent.

The Broader Economic Impact

Taxing phantom income is not merely an administrative issue; it raises profound questions about tax fairness and its broader implications on the economy. With industries already under tremendous stress from inflation and labor shortages, introducing measures that could lead to distorting taxpayer behavior may counteract efforts to stabilize local economic conditions. Experts warn that these changes might ultimately exacerbate inequalities experienced by smaller businesses and startups trying to gain traction in a competitive marketplace.

Key Takeaways and Future Implications

The ongoing discussion around Colorado's legislation signals a critical juncture for the state's business landscape. Observing how these proposed tax changes play out will be essential for entrepreneurs, policymakers, and taxpayers alike. Future debates will likely focus on balancing state revenue needs with the essential goal of nurturing a flourishing economy where businesses can thrive without the weight of excessive taxation.
As stakeholders contemplate the effects of taxing phantom income, the call for a fair and equitable tax system becomes more urgent. Understanding these changes and staying informed is vital for Colorado businesses to adapt effectively to legislative shifts.

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04.28.2026

Are Minnesota's Tax Exemptions Harming Workers More Than Helping?

Update The Flaws of Targeted Tax Exemptions Proposed bills HF 3954 and HF 3955 in Minnesota aim to exempt certain overtime pay and tips from income tax to support workers, particularly in roles like serving and delivery. While proponents argue this provides necessary relief, it overlooks fundamental principles of equity and efficiency. By treating individuals with identical earnings differently based solely on the form of compensation, these bills introduce inequities that could exacerbate economic divides rather than alleviate them. Understanding Horizontal Equity in Tax Policy Horizontal equity is a key principle within tax policy that suggests individuals with similar financial capacities should pay similar taxes. For example, consider two workers each earning $30,000; the first as a secretary receiving a salary, and the second as a waiter receiving part of their income through tips. Under the new proposals, the waitress could see some of her income exempted due to tips, resulting in different tax burdens for both individuals despite their equal earnings. This disparity can disproportionately disadvantage those who cannot partake in tipped positions or overtime. The Economic Implications of Overtime and Tip Exemptions These exemptions could warp economic incentives in several ways. By encouraging businesses to rely on tips and overtime income, there may be less pressure on employers to increase base wages. This could lead to a harmful cycle where employees feel pressured to work longer hours without adequate compensation, further perpetuating tiredness and dissatisfaction among workers. Lawmakers need to consider whether promoting a tax policy that subsidizes potentially unhealthy work trends benefits the labor market. Fiscal Responsibility and Long-Term Thinking Impact on state revenue presents another concern. The Minnesota Department of Revenue estimated substantial losses in General Fund revenue, with projections for the proposed bills seeing almost $492 million drain in their first full year alone. Such losses could necessitate cuts to vital services or increase other taxes, possibly complicating the financial landscape for all Minnesotans. Promoting a tax system that favors broad-based reductions or credits for all could lead to a healthier economy. A Better Path Forward for Minnesota's Tax Policy Instead of integrating new exemptions that create complexities within the tax code, Minnesota lawmakers should pursue broad tax reforms that simplify tax obligations for all citizens. Broad-based tax reductions prioritize neutrality and fairness, ensuring that all workers are recognized equally for their contributions, regardless of compensation method. This move toward inclusivity can help bolster Minnesota’s economic outlook while providing genuine relief to workers across all sectors.

04.25.2026

Illinois Millionaire's Tax: A Risky Move for Small Businesses

Update Understanding Illinois' Proposed Millionaire's Tax: Impacts for Businesses and Economy The recent proposal for a millionaire's tax in Illinois has ignited a fierce debate among lawmakers and constituents. This initiative, known as House Joint Resolution Constitutional Amendment (HJRCA) 21, seeks to impose a 3% surtax on individual income exceeding $1 million. Proponents argue that the revenue generated would provide crucial funding for property tax relief and local school districts. However, as recent testimonies highlight, this tax could disproportionately burden small businesses, which are vital to the state’s economy. The Burden on Small Businesses Studies indicate that approximately 22,000 small businesses in Illinois would face a staggering 61% increase in their marginal tax rate due to this amendment. With the top marginal tax rate potentially soaring to nearly 50.3% when state and federal taxes are combined, the risks are palpable. Many of these small businesses operate as pass-through entities—such as S corporations and partnerships—meaning that their income is taxed on the individual returns of their owners, making them especially vulnerable to such tax increases. The Economic Consequences of Higher Taxes Research has shown that raising income tax rates can stifle hiring and wage growth among small businesses. In a state already grappling with high unemployment rates and sluggish wage growth, the millionaire's tax could exacerbate these issues, further pushing businesses and entrepreneurs to seek more favorable tax climates in neighboring states. For instance, states like Indiana and Missouri are actively reducing their income tax rates, which only adds to the competitive pressures Illinois faces. Public Funding Versus Private Business While the intention behind the millionaire's tax is to generate funding for public services like education and property tax relief, there is significant concern about whether this will benefit middle and lower-income workers. In fact, much of the burden may end up trickling down to consumers through higher prices and reduced job opportunities. Lower economic activity driven by high taxes negatively impacts all Illinois residents—not just those wealthy enough to pay the surtax. Local Control and Stability Illinois and most states rely heavily on stable property tax revenues to fund essential services like schools. The proposed shift towards an income tax-dependent funding model could introduce greater instability into school funding, as income taxes are inherently more volatile. Policymakers should take note of how local taxation maintains a direct correlation between the taxes paid and benefits received, fostering accountability and community engagement. Potential Paths Forward Rather than increasing taxes on income that could drive away high earners and businesses, Illinois could benefit from exploring pro-growth tax reforms that attract more residents and businesses to the state. By optimizing the tax code to favor entrepreneurs and innovators, Illinois can revitalize its economy and quell fears of further outmigration. Ultimately, the debate around the millionaire's tax raises pivotal questions about the future fiscal strategies Illinois should pursue, balancing the need for revenue with a robust, growing economy that empowers its residents.

04.22.2026

California's Worldwide Combined Reporting Proposal: Mistake or Opportunity?

Update California's Plan to Mandate Worldwide Combined Reporting: A Historical Misstep? California lawmakers are reigniting a hotly contested debate by considering a proposal to mandate worldwide combined reporting, a policy the state abandoned back in the 1980s after intense pushback from international trading partners and the federal government. That earlier decision came amid arguments that the policy failed to deliver on its promises and could undermine California's competitive edge in a global marketplace. The Unique U.S. Taxation Landscape The proposed legislation impacts the already intricate U.S. apportionment system, where states utilize formulary apportionment—a method suggesting that net income should be allocated based on metrics such as property, payroll, or sales. This approach contrasts fundamentally with the international standard of separate accounting, where companies are taxed solely on their in-country profits. Notably, most states—including California—currently apply a "water's edge" election, which excludes income from foreign affiliates from combined reports. Transitioning to worldwide combined reporting would make California unique within the United States, imposing significant implications for both domestic and international businesses operating in the state. Arguments Against the Proposal Significant opposition to Assembly Bill 1790 arises from the belief that it is fundamentally based on flawed assumptions regarding affiliated multinational corporations. Proponents of this bill present a narrative suggesting that these businesses are devising strategies to avoid U.S. taxes on foreign income. However, this view overlooks the legitimate reasons for overseas operations, such as market access and the natural complexities of global business. The absence of tax credits for foreign taxes also implies that the new reporting structure would create a heavier tax burden without corresponding benefits. Potential Economic Consequences Should California enact this legislation, estimated additional tax revenues could reach up to $3 billion, creating a significant injection into the state’s finances. However, detractors argue that the actual financial outcomes are unpredictable; while some companies may face higher taxes under the new regulations, others might find their tax liabilities lessened. Furthermore, this change would extend to municipal tax structures such as San Francisco's gross receipts tax if aligned with the new state requirements. Future Predictions: A Broader Impact? The contentious nature of California's proposal is emblematic of larger tax policy trends in the U.S. If this legislation takes effect, it may prompt other states to evaluate similar measures, thereby creating a ripple effect throughout the nation. Businesses will need to strategize for a potential increase in compliance costs and operational complexity as they navigate this evolving landscape. In conclusion, while California aims to bolster its tax revenues by imposing mandatory worldwide combined reporting, a closer examination reveals significant risks and potential complications. Policymakers must weigh these factors carefully to avoid repeating the mistakes of the past. Understanding these dynamics is crucial for stakeholders across the state’s economy, and businesses must remain vigilant as the proposal unfolds.

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