Voters in Winter Park narrowly refused a ballot measure that would have allowed the town to keep excess tax revenue. It fell 172 to 193 with just under 53% in favor.

The question asked if Winter Park should have permission to collect, retain and spend all revenues from its existing taxes and any investment earnings without the constraint of refund requirements under the Colorado Taxpayer’s Bill of Rights.

The bill of rights restricts how much revenue local governments can retain and spend each year. Revenues beyond the limit generally must be refunded to taxpayers, unless voters approve an exemption, or “de-Brucing.”

If voters had granted the “de-Brucing” exemption, Winter Park would have no longer had to issue refunds in years when revenues exceed limits established by TABOR. Since it failed, Winter Park will continue operating under normal TABOR constraints and must issue refunds or reduce future tax burdens when revenues exceed the allowable limit.

Removal of use tax from town code is passed

The other ballot question asked whether the town’s tax administration code should be amended to remove references to a “use tax,” including a “vehicle use tax,” which Winter Park has never enacted or approved, and which the town does not presently collect, according to their website. It passed overwhelmingly 298 to 57 with nearly 84% in favor.

Town staff said that the current code includes outdated or inaccurate language that could imply the authority to levy a use tax. By striking these references, the town aims to avoid any confusion or misapplication of taxing power.

The change is largely procedural, removing obsolete wording rather than altering tax policy or raising taxes. It also streamlines communication between the town and county, said Winter Park Town Clerk Danielle Jardee, since this use tax would sometimes come up during county procedures even though it didn’t exist in Winter Park.