Mill Levy Correction

Mill Levy Correction refers to a legal and legislative directive to correct an interpretation of statute by CDE that led to a historical undercollection of property taxes in education in Colorado school districts. Mill Levy Correction will be implemented starting in the 2021 tax year.

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Legislative Timeline

June 2020: HB20-1418 signed (see Section 33). The 2020 School Finance Act required districts to levy the number of mills specified by the requirements in the bill, including the establishment of temporary tax credits, if necessary, to correct historical errors.

December 2020: If required, districts included temporary tax credits when certifying property tax mills related to the local share of total program for the 2020 tax year.

March 2021: HB21-1164 introduced. The Total Program Mill Levy Tax Credit bill required CDE to implement a correction plan for districts with temporary tax credits. Specifically, the plan must ensure that districts incrementally reduce the temporary tax credits “as quickly as possible but by no more than one mill each property tax year,” beginning in the 2021 tax year.

May 2021: Colorado Supreme Court ruled in an interrogatory that HB21-1164 is constitutional.

June 2021: HB21-1164 signed into law.