Categories: General Interest

Thinking About Purchasing Equipment?

Submitted by Chad A. Kupper

If so, your District may need to determine whether a lease-purchase agreement is necessary. Under TABOR, Districts are precluded from incurring any form of multiyear indebtedness absent voter approval, including federal loans. However, a District can take a loan and use those funds to partially purchase equipment using a lease-purchase agreement. The Colorado Supreme Court has approved lease-purchase agreements as not being “debt” under TABOR because the annual payments are subject to appropriation by the Board each year.  In other words, if the District can’t afford the payment in any year, the Board doesn’t make an appropriation for that payment the next budget year, and the bank simply repossesses the equipment but can’t sue the District for any deficiency in the amount owed. A lease-purchase agreement must contain the magic TABOR provision making the yearly payment obligations subject to Board appropriation of funds for that payment each year.  If your District needs help purchasing equipment, don’t hesitate to contact our office to make sure the lease-purchase documents are in order.

Chad A. Kupper

Recent Posts

Death Taxes – What Taxes Will be Due at Your Death

You may be concerned about taxes that will be due at your death.  Before you…

2 weeks ago

LYONS GADDIS ADDS ATTORNEY KENNEDY SHEETZ TO THE FIRM’S REAL ESTATE AND BUSINESS TRANSACTION GROUP

Lyons Gaddis, known for solving complex issues with exceptional talent, is pleased to announce that…

2 weeks ago

Lyons Gaddis Celebrates Jeff Kahn’s Recognition as a Paul Harris Fellow for Outstanding Leadership and Service

Lyons Gaddis proudly recognizes Jeff Kahn for being named a Paul Harris Fellow by the…

4 weeks ago

NAVIGATING COLORADO’S HB24-1098: “FOR CAUSE” EVICITON LAW By Brian Allard, Lyons Gaddis

On April 19, 2024, Colorado Governor Jared Polis signed HB24-1098 into law. The new law…

2 months ago

Why “putting your child on” your bank accounts probably isn’t the best plan.

When planning for the future, we all need to anticipate those times in life when…

3 months ago

Lyons Gaddis celebrates Erin Pierce for being the recipient of the prestigious Outstanding Young Lawyer of the Year award

Lyons Gaddis proudly celebrates Erin Pierce, a member of the firm’s General Civil Litigation and…

6 months ago