Exemptions

C.R.S. tit. 39, art. 3

in effect

C.R.S. § 39-3-101 Legislative declaration - presumption of charitable purpose

39-3-101. Legislative declaration - presumption of charitable purpose. The general assembly recognizes that only the judiciary may make a final decision as to whether or not any given property is used for charitable purposes within the meaning of the Colorado constitution; nevertheless, in order to guide members of the public and public officials alike in the making of their day-to-day decisions and to assist in the avoidance of litigation, the general assembly hereby finds, declares, and determines that the uses of property that are set forth in this part 1 as uses for charitable purposes benefit the people of Colorado and lessen the burdens of government by performing services that government would otherwise be required to perform. Therefore, property used for such purposes shall be presumed to be used, or owned and used, as applicable, solely and exclusively for strictly charitable purposes and not for private gain or corporate profit, if applicable, and, consequently, property used for such purposes is entitled to be exempt from the levy and collection of property tax pursuant to the provisions of this part 1 and the Colorado constitution. This legislative finding, declaration, determination, and presumption shall not be questioned by the administrator and shall be entitled to great weight in any and every court.

C.R.S. § 39-3-102 Household furnishings - exemption

39-3-102. Household furnishings - exemption. (1) Household furnishings, including free-standing household appliances, wall-to-wall carpeting, an independently owned residential solar electric generation facility, and security devices and systems that are not used for the production of income at any time shall be exempt from the levy and collection of property tax. If any household furnishings are used for the production of income for any period of time during the taxable year, such household furnishings shall be taxable for the entire taxable year. An independently owned residential solar electric generation facility shall not be considered to be used for the production of income unless the facility produces income for the owner of the residential real property on which the facility is located. For property tax purposes only, rebates, offsets, credits, and reimbursements specified in section 40-2-124, C.R.S., shall not constitute the production of income. For purposes of this subsection (1), for property tax purposes only, security devices and systems shall include, but shall not be limited to, security doors, security bars, and alarm systems. (2) For property tax years commencing on and after January 1, 1990, no work of art, as defined in section 39-1-102 (18), which is not subject to annual depreciation and which would otherwise be exempt under this section shall cease to be exempt because it is stored or displayed on premises other than a residence.

C.R.S. § 39-3-103 Personal effects - exemption

39-3-103. Personal effects - exemption. Personal effects which are not used for the production of income at any time shall be exempt from the levy and collection of property tax.

C.R.S. § 39-3-104 Ditches, canals, and flumes - exemption

39-3-104. Ditches, canals, and flumes - exemption. Ditches, canals, and flumes which are owned and used by any person exclusively for irrigating land owned by such person shall be exempt from the levy and collection of property tax.

C.R.S. § 39-3-105 Public libraries - governments - school districts - exemption

39-3-105. Public libraries - governments - school districts - exemption. Property, real and personal, of public libraries and of the state and its political subdivisions, including school districts or any cooperative association thereof, shall be exempt from the levy and collection of property tax.

C.R.S. § 39-3-106 Property - religious purposes - exemption - legislative declaration

39-3-106. Property - religious purposes - exemption - legislative declaration. (1) Property, real and personal, which is owned and used solely and exclusively for religious purposes and not for private gain or corporate profit shall be exempt from the levy and collection of property tax. (2) In order to guide members of the public and public officials alike in the making of their day-to-day decisions, to provide for a consistent application of the laws, and to assist in the avoidance of litigation, the general assembly hereby finds and declares that religious worship has different meanings to different religious organizations; that the constitutional guarantees regarding establishment of religion and the free exercise of religion prevent public officials from inquiring as to whether particular activities of religious organizations constitute religious worship; that many activities of religious organizations are in the furtherance of the religious purposes of such organizations; that such religious activities are an integral part of the religious worship of religious organizations; and that activities of religious organizations which are in furtherance of their religious purposes constitute religious worship for purposes of section 5 of article X of the Colorado constitution. This legislative finding and declaration shall be entitled to great weight in any and every court. (3) For the purpose of claiming an exemption pursuant to this section, property that is owned and used by a charitable trust that is exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, shall be treated the same as property that is owned and used by any other type of nonprofit organization.

C.R.S. § 39-3-106.5 Tax-exempt property - incidental use - exemption - limitations

39-3-106.5. Tax-exempt property - incidental use - exemption - limitations. (1) If any property, real or personal, which is otherwise exempt from the levy and collection of property tax pursuant to the provisions of section 39-3-106, is used for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113.5, such property shall be exempt from the levy and collection of property tax if: (a) The property is used for such purposes for less than two hundred eight hours, adjusted for partial usage if necessary on the basis of the relationship that the amount of time and space used for such other purpose bears to the total available time and space, during the calendar year; or (b) The use of the property for such purposes results in either: (I) Less than ten thousand dollars of gross income to the owner of such property which is derived from any unrelated trade or business, as determined pursuant to the provisions of sections 511 to 513 of the federal "Internal Revenue Code of 1986", as amended; or (II) Less than ten thousand dollars of gross rental income to the owner of such property. (1.5) Notwithstanding the provisions of subsection (1) of this section, for property tax years commencing on or after January 1, 1994, if any property, real or personal, which is otherwise exempt from the levy and collection of property tax pursuant to the provisions of section 39-3-106, is used for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113.5, such property shall be exempt from the levy and collection of property tax if: (a) The property is used for such purposes for less than two hundred eight hours, adjusted for partial usage if necessary on the basis of the relationship that the amount of time and space used for such other purpose bears to the total available time and space, during the calendar year; or (b) The use of the property for such purposes results in: (I) Less than ten thousand dollars of gross income to the owner of such property which is derived from any unrelated trade or business, as determined pursuant to the provisions of sections 511 to 513 of the federal "Internal Revenue Code of 1986", as amended; and (II) Less than ten thousand dollars of gross rental income to the owner of such property. (2) Except as otherwise provided in section 39-3-108 (3) and subsection (3) of this section, if any property, real or personal, that is otherwise exempt from the levy and collection of property tax pursuant to the provisions of sections 39-3-107 to 39-3-113.5 is used on an occasional, noncontinuous basis for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113.5, such property shall be exempt from the levy and collection of property tax if: (a) The property is used for such purposes for less than two hundred eight hours, adjusted for partial usage if necessary on the basis of the relationship that the amount of time and space used for such other purpose bears to the total available time and space, during the calendar year; or (b) The use of the property for such purposes results in less than twenty-five thousand dollars of gross rental income to the owner of such property. (3) The requirement that property be used on an occasional basis in order to qualify for the exemption set forth in subsection (2) of this section shall not apply to property, real or personal, that is otherwise exempt from the levy and collection of property tax pursuant to the provisions of section 39-3-111 that is used for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113.5.

C.R.S. § 39-3-107 Property - not-for-profit schools - exemption

39-3-107. Property - not-for-profit schools - exemption. Property, real and personal, which is owned and used solely and exclusively for schools which are not held or conducted for private or corporate profit shall be exempt from the levy and collection of property tax. No requirement shall be imposed that use of property which is otherwise exempt pursuant to the provisions of this section shall benefit the people of Colorado in order to qualify for said exemption. Any exemption claimed pursuant to the provisions of this section shall comply with the provisions of section 39-2-117.

C.R.S. § 39-3-108 Property - nonresidential - health-care facility - water company - charitable purposes - exemption - limitations

39-3-108. Property - nonresidential - health-care facility - water company - charitable purposes - exemption - limitations. (1) Property, real and personal, which is owned and used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit shall be exempt from the levy and collection of property tax if: (a) Such property is nonresidential; (b) Such property is licensed by the state of Colorado as a health-care facility; or (c) Such property is used as an integral part of a nonprofit domestic water company. (1.3) Nonresidential property that is owned and used solely and exclusively by a qualified amateur sports organization shall be presumed to be owned and used solely and exclusively for strictly charitable purposes. For purposes of this subsection (1.3), the term "qualified amateur sports organization" means any organization organized and operated exclusively to foster local, statewide, national, or international amateur sports competition if such organization is also organized and operated primarily to support and develop amateur athletes for national or international competition in sports; except that no part of the net earnings of such organization inure to the benefit of any private shareholder or individual. So long as a qualified amateur sports organization demonstrates that its membership is open to any individual who is an amateur athlete, coach, trainer, manager, administrator, or official active in such sport or to any amateur sports organization that conducts programs in such sport, or both, the organization shall be presumed to provide public benefits to an indefinite number of persons and to directly benefit the people of Colorado whether or not the right to benefit may depend upon voluntary membership in the organization. (1.5) No requirement shall be imposed that use of property which is otherwise exempt pursuant to the provisions of this section shall benefit the people of Colorado in order to qualify for said exemption. (2) Any exemption claimed pursuant to the provisions of subsection (1) of this section shall comply with the provisions of section 39-2-117. (3) (a) When any property of a health-care facility, real or personal, or any portion thereof, which is otherwise exempt from the levy and collection of property tax pursuant to the provisions of paragraph (b) of subsection (1) of this section, is used for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113.5, such property or portion thereof shall be exempt from the levy and collection of property tax if the use of the property or portion thereof does not result in gross income derived from any unrelated trade or business to the owner which is in excess of fifteen percent of the total gross revenues derived from the operation of the property. Gross income derived from any unrelated trade or business shall be determined pursuant to the provisions of sections 511 through 513 of the federal "Internal Revenue Code of 1986", as amended. (b) If the use of any property or portion thereof results in gross income derived from any unrelated trade or business in excess of fifteen percent of the total gross revenues to the owner derived from the operation of the property, the administrator shall determine the value of the nonexempt portion of the property for property tax purposes.

C.R.S. § 39-3-108.5 Property - community corrections facility - exemption

39-3-108.5. Property - community corrections facility - exemption. (1) Property, real and personal, which is owned and used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit shall be exempt from the levy and collection of property tax if such property is owned and used by a nonprofit community corrections agency for a community correctional facility or program. (2) As used in this section: (a) "Community correctional facility or program" shall have the meaning set forth in section 17-27-102 (3), C.R.S., for community corrections program. (b) "Nonprofit community corrections agency" means any person, agency, corporation, association, or entity that: (I) Is exempt from federal income tax pursuant to the "Internal Revenue Code of 1986", as amended; and (II) Operates a community correctional facility or program. (3) The provisions of this section shall apply to property tax years beginning on or after January 1, 1993.

C.R.S. § 39-3-109 Residential property - integral part of tax-exempt entities - charitable purposes - exemption - limitations

39-3-109. Residential property - integral part of tax-exempt entities - charitable purposes - exemption - limitations. (1) Property, real and personal, which is owned and used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit shall be exempt from the levy and collection of property tax if such property is residential and the structure and the land upon which such structure is located are used as an integral part of a church, an eleemosynary hospital, an eleemosynary licensed health-care facility, a school, or an institution whose property is otherwise exempt from taxation pursuant to the provisions of this part 1 and which is not leased or rented at any time to persons other than: (a) Persons who are attending such school as students; or (b) Persons who are actually receiving care or treatment from such hospital, licensed health-care facility, or institution for physical or mental disabilities and who, in order to receive such care or treatment, are required to be domiciled within such hospital, licensed health-care facility, or institution, or within affiliated residential units. (2) Persons residing within residential units specified in paragraph (b) of subsection (1) of this section may submit to the administrator, on a form prescribed by the administrator, a certificate signed by a physician licensed to practice in the state of Colorado that the medical condition of such individual requires the individual to reside in such residential unit. If a person residing within such residential unit submits such signed certificate to the administrator pursuant to the provisions of this subsection (2), the portion of such residential property that is utilized by qualified occupants shall be deemed to be property used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit and such portion, but only such portion, shall be exempt under the provisions of subsection (1) of this section. The determination as to what portion of such structure is so utilized shall be made by the administrator on the basis of the facts existing on the annual assessment date for such property, and the administrator shall have the authority to determine a ratio which reflects the value of the nonexempt portion of such structure in relation to the total value of the whole structure and the land upon which such structure is located and which is identical to the ratio of the number of residential units occupied by nonqualified occupants to the total number of occupied residential units in such structure. (2.5) No requirement shall be imposed that use of property which is otherwise exempt pursuant to the provisions of this section shall benefit the people of Colorado in order to qualify for said exemption. (3) Any exemption claimed pursuant to the provisions of this section shall comply with the provisions of section 39-2-117.

C.R.S. § 39-3-110 Property - integral part of child care center - charitable purposes - exemption - limitations

39-3-110. Property - integral part of child care center - charitable purposes - exemption - limitations. (1) Property, real and personal, that is used solely and exclusively for strictly charitable purposes is exempt from the levy and collection of property tax if such property is used as an integral part of a child care center: (a) Which is licensed pursuant to part 3 of article 5 of title 26.5; (b) Which is maintained for the whole or part of a day for the care of five or more children who are not sixteen years of age or older; (c) Which is not owned or operated for private gain or corporate profit; (d) The costs of operation of which, including salaries, are reasonable based upon the services and facilities provided and as compared with the costs of operation of any comparable public institution; (e) Which provides its services to an indefinite number of persons free of charge or at reduced rates equal to five percent of the gross revenues of such child care center or equal to ten percent of the amount of tuition charged by such child care center to the financially needy or charges on the basis of ability to pay; (f) The operation of which does not materially enhance, directly or indirectly, the private gain of any individual except as reasonable compensation for services rendered or goods furnished; and (g) The property of which is claimed for exemption does not exceed the amount of property reasonably necessary for the accomplishment of the exempt purpose. (h) Repealed. (1.5) (a) No requirement shall be imposed that use of property, which is otherwise exempt pursuant to the provisions of this section, shall benefit the people of Colorado in order to qualify for said exemption. (b) If a child care center is operated by a person other than the owner of the property, then the other person's use of the property is the sole basis for determining whether the property meets the requirements for the exemption set forth in subsection (1) of this section. (c) To the extent that real property taxes are shared and payable by one or more tenants under the lease of property that are not the child care center, real property taxes otherwise due but for the application of this section are deemed taxes paid by the property owner or the landlord of a property leased in part to the child care center. (2) Any exemption claimed pursuant to the provisions of subsection (1) of this section shall comply with the provisions of section 39-2-117. (3) The provisions of subsection (1) of this section shall not apply to any child care center which is operated for religious purposes and which is exempt from the levy and collection of property tax pursuant to the provisions of section 39-3-106 or 39-3-106.5.

C.R.S. § 39-3-111 Property - used by fraternal or veterans' organization - charitable purposes - exemption - limitations

39-3-111. Property - used by fraternal or veterans' organization - charitable purposes - exemption - limitations. Property, real and personal, which is owned and used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit, shall be exempt from the levy and collection of property tax if such property is used by any fraternal organization, as defined in section 24-21-602 (18), notwithstanding the requirement that such organization be in existence for a period of five years, or by any veterans' organization, as defined in section 24-21-602 (43), notwithstanding the requirement that such organization be in existence for a period of five years, and the net income derived from the use of such property is irrevocably dedicated to any of the purposes specified in sections 39-3-106 to 39-3-110, 39-3-112, or 39-3-113 and to the purpose of maintaining and operating such organization. As used in this section, the term "net income" means all items of revenue and gain minus all items of loss and expense, including amounts reasonably anticipated for future needs, as determined according to the usual method of accounting for such organization. No requirement shall be imposed that use of property which is otherwise exempt pursuant to this section shall benefit the people of Colorado in order to qualify for said exemption. Any exemption claimed pursuant to the provisions of this section shall comply with the provisions of section 39-2-117.

C.R.S. § 39-3-111.5 Property - health-care services - charitable purposes - exemption - limitations

39-3-111.5. Property - health-care services - charitable purposes - exemption - limitations. (1) Property, real and personal, which is owned and used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit shall be exempt from the levy and collection of property tax if: (a) Such property is owned by a nonprofit corporation, whether organized under the laws of this state or of another state; (b) Such property is occupied or used by one or more physician or dentist, or both, licensed to practice medicine or dentistry, as applicable, under the laws of this state for the purpose of the practice of medicine or dentistry; (c) Such health-care services are provided to patients who request such services and the financially needy are only charged for such services based upon the ability to pay; and (d) The board of county commissioners of the county in which such property is located certifies that a need exists for the provision of such health-care services. (2) The limitations set forth in section 39-3-116 (1) and (2) shall not apply to the use of property pursuant to the provisions of subsection (1) of this section. (3) Any exemption claimed pursuant to the provisions of this section shall comply with the provisions of section 39-2-117.

C.R.S. § 39-3-112 Residential property - orphanage - low-income elderly or individuals with disabilities - homeless or abused - low-income households - charitable purposes - exemption - limitations - definitions

39-3-112. Residential property - orphanage - low-income elderly or individuals with disabilities - homeless or abused - low-income households - charitable purposes - exemption - limitations - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Area median income" means the median income of the county in which the property is located in relation to family size, as published annually by the United States department of housing and urban development. (a.3) "Disabled" means that an individual is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or that has lasted for a continuous period of not less than twelve months. (a.5) "Elderly or disabled low-income residential facility" means a facility, a portion of which is operated as a residential facility for elderly individuals or individuals with disabilities who meet the requirements of sub-subparagraph (A) of subparagraph (II) of paragraph (a) of subsection (3) of this section, which portion houses only such persons, exclusive of necessary housing facilities for resident managerial personnel, and the rest of which is operated as a health-care facility which is licensed by the state of Colorado. (b) "Family service facility" means a facility that is operated as a residential facility for single-parent families; that houses only such families, exclusive of necessary housing facilities for resident managerial personnel; that provides, in addition to housing, counseling in such areas as career development, parenting skills, and financial budgeting; and that is a child care center licensed pursuant to section 26.5-5-309. (b.3) "Low-income household" means an individual or family whose total income is no greater than thirty percent of the area median income. (b.5) "Low-income household residential facility" means a facility: (I) That is operated as a residential facility for low-income households; (II) For which the published rent schedule includes rents that a low-income household can afford by expending no more than thirty percent of the low-income household's total income for rent and utilities; and (III) For which the owner of the facility has shown that the rent for the facility for which the exemption authorized in subsection (2) of this section applies is lower than the rent for a comparable facility for which said exemption does not apply by an amount equal to at least the value of said exemption. (c) "Transitional housing facility" means a facility that: (I) Is operated as a residential facility for single individuals or families, or both, who are homeless, who have resided within the past six months in a shelter for the homeless, or who have been abused, and whose incomes are as specified in sub-subparagraph (A) of subparagraph (II) of paragraph (a) of subsection (3) of this section; (II) Has as its purpose to facilitate the achievement of independent living by such individuals and families within a twenty-four-month period; and (III) Provides counseling in such areas as career development, parenting skills, and financial budgeting, whether at such facility or at another location. (2) Property, real and personal, which is owned and used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit shall be exempt from the levy and collection of property tax if such property is residential and is occupied, owned, and operated in accordance with the requirements set forth in subsection (3) of this section. (3) In order for property to be exempt from the levy and collection of property tax pursuant to subsection (2) of this section, the administrator must find, pursuant to section 39-2-117, that: l be exempt from the levy and collection of property tax if such property is residential and is occupied, owned, and operated in accordance with the requirements set forth in subsection (3) of this section. (3) In order for property to be exempt from the levy and collection of property tax pursuant to subsection (2) of this section, the administrator must find, pursuant to section 39-2-117, that: (a) The residential structure is: (I) Occupied as an orphanage; or (II) Occupied by: (A) Single individuals who are sixty-two years of age or older or who are disabled, or a family, the head of which, or whose spouse, is sixty-two years of age or older or is disabled, and whose incomes are within one hundred fifty percent of the limits prescribed for similar individuals or families who occupy low-rent public housing operated by a city or county housing authority which is nearest in distance to such structure; or (B) Single-parent families whose incomes are as specified in sub-subparagraph (A) of this subparagraph (II) and who occupy a family service facility which is owned and operated by an organization which is exempt from federal income tax pursuant to the provisions of section 501 (c)(3) of the "Internal Revenue Code of 1986", as amended; or (C) Single individuals or families who occupy a transitional housing facility which is owned and operated by an organization which is exempt from federal income tax pursuant to the provisions of section 501 (c)(3) of the "Internal Revenue Code of 1986", as amended; or (D) Low-income households who occupy a low-income household residential facility. (b) The residential structure is efficiently operated. Efficient operation is determined by the following factors: (I) That the costs of operation, including salaries, are reasonable based upon the services and facilities provided and as compared with the costs of operation of any comparable public institution; (II) That such operations do not materially enhance, directly or indirectly, the private gain of any individual except as reasonable compensation for services rendered or goods furnished; (III) That the property on which the exemption is claimed does not exceed the amount of property reasonably necessary for the accomplishment of the exempt purpose; and (IV) That the owners and operators of the residential structure have no occupancy requirement that discriminates upon the basis of race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry; however, if the owner or sponsoring organization is a religious denomination, said owners or operators may give preference to members of that denomination. (c) The property is owned: (I) By a nonprofit corporation of which: (A) No part of the net earnings of such corporation inures to the benefit of any private shareholder; and (B) Property owned by such corporation is irrevocably dedicated to charitable, religious, or hospital purposes and no portion of its assets will inure to the benefit of any private person upon the liquidation, dissolution, or abandonment of such corporation; or (II) (A) With respect to residential structures specified in subsections (3)(a)(II)(A), (3)(a)(II)(C), and (3)(a)(II)(D) of this section during any compliance period, as defined by section 42 (i)(1) of the "Internal Revenue Code of 1986", as amended, including any extended use period provided under section 42 of the "Internal Revenue Code of 1986", as amended, by any domestic or foreign limited partnership of which any nonprofit corporation that satisfies the provisions of subsection (3)(c)(I) of this section is a general partner and that was formed for the purpose of obtaining, and has been allocated, low-income housing credits pursuant to section 42 of the "Internal Revenue Code of 1986", as amended. of the "Internal Revenue Code of 1986", as amended, by any domestic or foreign limited partnership of which any nonprofit corporation that satisfies the provisions of subsection (3)(c)(I) of this section is a general partner and that was formed for the purpose of obtaining, and has been allocated, low-income housing credits pursuant to section 42 of the "Internal Revenue Code of 1986", as amended. (B) For property tax years commencing prior to January 1, 2019, this subsection (3)(c)(II) shall not apply if, during such compliance period, such domestic or foreign limited partnership which owns the residential structure distributes income or has income available for distribution to its partners or if the residential structure is sold or otherwise disposed of during such compliance period. If the administrator determines that, as specified in this subsection (3)(c)(II)(B), income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator shall revoke the property tax exemption for the residential property and property taxes shall be levied and collected against the residential property which would have otherwise been levied and collected from the date on which the exemption was initially granted plus all delinquent interest as provided for by law. (B.5) For property tax years commencing on or after January 1, 2019, this subsection (3)(c)(II) shall not apply if, during such compliance period, such domestic or foreign limited partnership which owns the residential structure distributes income or has income available for distribution to its partners or if the residential structure is sold or otherwise disposed of during such compliance period. If the administrator determines that, as specified in this subsection (3)(c)(II)(B.5), income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator shall either revoke the property tax exemption for the residential property as of the date income becomes available for distribution or terminate the exemption as of the date the property is transferred. (C) The provisions of this subparagraph (II) shall apply to applications for exemption made pursuant to section 39-2-117 which are filed on and after January 1, 1991, or which are pending on said date; or (III) (A) With respect to residential structures specified in sub-subparagraphs (A), (C), and (D) of subparagraph (II) of paragraph (a) of this subsection (3), by any domestic or foreign limited partnership of which all of the general and limited partners are nonprofit corporations that satisfy the provisions of subparagraph (I) of this paragraph (c). (B) The provisions of this subparagraph (III) shall apply to applications for exemption made pursuant to section 39-2-117 which are filed on or after January 1, 1993, or which are pending on said date; or by any domestic or foreign limited partnership of which all of the general and limited partners are nonprofit corporations that satisfy the provisions of subparagraph (I) of this paragraph (c). (B) The provisions of this subparagraph (III) shall apply to applications for exemption made pursuant to section 39-2-117 which are filed on or after January 1, 1993, or which are pending on said date; or (IV) (A) With respect to elderly or disabled low-income residential facilities or low-income household residential facilities, during any compliance period, as defined by section 42 (i)(1) of the "Internal Revenue Code of 1986", as amended, including any extended use period provided under section 42 of the "Internal Revenue Code of 1986", as amended, by any domestic or foreign limited partnership so long as each of the general partners of such limited partnership is a for-profit corporation, seventy-five percent or more of the outstanding voting stock of which is owned by, and seventy-five percent or more of the members of the board of directors of which is elected by, one or more nonprofit corporations that satisfy the provisions of subsection (3)(c)(I) of this section and so long as such limited partnership was formed for the purpose of obtaining, and the structure that is owned by such limited partnership has been allocated, low-income housing credits pursuant to section 42 of the "Internal Revenue Code of 1986", as amended. (B) The provisions of this subparagraph (IV) shall not apply if, during any compliance period: Any of the general partners of the domestic or foreign limited partnership which owns the residential structure specified in sub-subparagraph (A) of this subparagraph (IV) cease to meet the requirements specified in sub-subparagraph (A) of this subparagraph (IV); the domestic or foreign limited partnership which owns such residential structure distributes cash or other property to its partners; or such residential structure is sold or otherwise disposed of. (C) Upon a determination by the administrator that any of the events specified in sub-subparagraph (B) of this subparagraph (IV) have occurred, the administrator shall revoke the property tax exemption for the residential facility specified in sub-subparagraph (A) of this subparagraph (IV), and property taxes shall be levied and collected against such residential facility in the amount which would have otherwise been levied and collected from the date on which such exemption was initially granted, and all delinquent interest provided by law shall apply to such taxes. (D) The provisions of this subparagraph (IV) shall apply to applications for exemption made pursuant to section 39-2-117 which are filed on or after January 1, 1993, or which are pending on such date. (4) In the event the occupants of the residential structure include both persons who are qualified pursuant to paragraph (a) of subsection (3) of this section and persons who are not qualified, the portion of such residential structure that is utilized by qualified occupants shall be deemed to be property used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit, and such portion, but only such portion, shall be exempt pursuant to the provisions of subsection (2) of this section. The determination as to what portion of such structure is so utilized shall be made by the administrator on the basis of the facts existing on the annual assessment date for such property, and the administrator shall have the authority to determine a ratio which reflects the value of the nonexempt portion of such structure in relation to the total value of the whole structure and the land upon which such structure is located and which is identical to the ratio of the number of residential units occupied by nonqualified occupants to the total number of occupied residential units in such structure. strator shall have the authority to determine a ratio which reflects the value of the nonexempt portion of such structure in relation to the total value of the whole structure and the land upon which such structure is located and which is identical to the ratio of the number of residential units occupied by nonqualified occupants to the total number of occupied residential units in such structure. (4.5) No requirement shall be imposed that use of property which is otherwise exempt pursuant to the provisions of this section shall benefit the people of Colorado in order to qualify for said exemption. (5) Any exemption claimed pursuant to the provisions of this section shall comply with the provisions of section 39-2-117. (6) For purposes of processing applications received for the exemption authorized by subsection (2) of this section for low-income household residential facilities, the department of local affairs shall contract with an independent contractor for the performance of the application processing services in accordance with section 24-50-504, C.R.S. Said contract shall be limited to a term of one year and shall commence when the exemption for low-income household residential facilities first becomes available.

C.R.S. § 39-3-112.5 Residential property - homeless - charitable purposes - exempt - limitations

39-3-112.5. Residential property - homeless - charitable purposes - exempt - limitations. (1) Property, real and personal, which is used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit shall be exempt from the levy and collection of property tax if such property is residential, is owned by the United States, and is leased by a department or agency of the United States to any nonprofit organization, whether organized under the laws of this state or of another state, for the purpose of housing single individuals or families, or both, who are homeless. (2) Any exemption shall be allowed pursuant to subsection (1) of this section only upon the delivery to the administrator of a copy of such lease between the agency of the United States and the nonprofit organization and a copy of the rental agreement between the nonprofit organization and the individuals or families to be housed in such property. Such exemption shall be allowed only for the period of time that such residential property is actually used for said purpose, and such nonprofit organization shall immediately notify the administrator when the use of such residential property has changed. (3) Any exemption claimed pursuant to the provisions of this section shall comply with the provisions of section 39-2-117.

C.R.S. § 39-3-113 Residential property - while being constructed - charitable purposes - exemption - limitations

39-3-113. Residential property - while being constructed - charitable purposes - exemption - limitations. Property, real and personal, which is owned and used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit shall be exempt from the levy and collection of property tax if such property is residential and consists of land and one or more structures which are in the process of being constructed if such property is irrevocably committed to residential use in accordance with the requirements set forth in section 39-3-109 (1) or 39-3-112 (2) and (3). The exemption provided by this section shall terminate on the assessment date subsequent to the issuance of a permit or other authority to occupy such structure or structures. Thereafter, such property shall be subject to the provisions of sections 39-3-109 and 39-3-112. No requirement shall be imposed that use of property which otherwise is exempt pursuant to the provisions of this section shall benefit people of Colorado in order to qualify for said exemption. Any exemption claimed pursuant to the provisions of this section shall comply with the provisions of section 39-2-117.

C.R.S. § 39-3-113.5 Property acquired by nonprofit housing provider for low-income housing - use for charitable purposes - exemption - limitations - definitions

39-3-113.5. Property acquired by nonprofit housing provider for low-income housing - use for charitable purposes - exemption - limitations - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Area median income" means the median income of any county in which property is located in relation to family size, as published annually by the United States department of housing and urban development. (a.5) "Community land trust" means a nonprofit organization that is exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and is designed to ensure long-term housing affordability through a shared-equity model by acquiring and maintaining ownership of real property, while selling the improvements to low-to-middle income households for use as a primary residence. (b) "Indicators of intent" means off-site activities of a nonprofit housing provider that establish the provider's specific intent to: (I) Use property for the purpose of constructing or rehabilitating housing to be sold to low-income applicants; or (II) Sell the property to low-income applicants for the purpose of constructing or rehabilitating housing for the low-income applicants. (b.5) "Land lease" means a long-term lease used in affordable homeownership properties to lease the real property that is owned by a community land trust or nonprofit affordable homeownership developer to the owner of the improvements on the real property and preserve the improvements as an affordable homeownership property. (c) "Low-income applicant" means: (I) For property tax years commencing before January 1, 2024, an individual or family whose total income is no greater than eighty percent of the area median income and who applies to a nonprofit housing provider to assist in the construction and purchase of housing to be constructed by the provider; and (II) For property tax years commencing on or after January 1, 2024, an individual or family who both apply to a nonprofit housing provider to purchase an affordable for-sale unit and whose total income is at or below either: (A) One hundred percent of the area median income of households of the same size in the county in which the housing is located; or (B) One hundred twenty percent of the area median income of households of the same size in the county in which the housing is located, if the individual or family resides in a county classified as a rural resort community by the division of housing pursuant to section 29-4-1107 (1)(d). (d) "Nonprofit housing provider" means an organization that is exempt from federal income tax pursuant to section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and that has a primary organizational mission of: (I) Working with low-income applicants to construct or rehabilitate housing that the organization then sells to the low-income applicants for their residential use; or (II) Selling property or improvements to low-income applicants for the low-income applicants' residential use. (2) (a) Subject to the limitations specified in subsection (3) of this section, for property tax years commencing on or after January 1, 2011, real property acquired by a nonprofit housing provider upon which the provider intends to construct or rehabilitate housing to be sold to low-income applicants or which the provider intends to sell to low-income applicants for their residential use is deemed to be being used for strictly charitable purposes, regardless of whether or not there is actual physical use of the property, and shall be exempt from property taxation in accordance with section 5 of article X of the state constitution. uct or rehabilitate housing to be sold to low-income applicants or which the provider intends to sell to low-income applicants for their residential use is deemed to be being used for strictly charitable purposes, regardless of whether or not there is actual physical use of the property, and shall be exempt from property taxation in accordance with section 5 of article X of the state constitution. (b) (I) For property tax years commencing on or after January 1, 2024, the property tax exemption described in this section applies from when the nonprofit housing provider claims the exemption, through construction, rehabilitation, or improvement of the property, until the provider sells, transfers, donates, or leases the property. (II) If property is sold by a nonprofit housing provider to a low-income applicant, the property may qualify for the property tax exemption described in this section until a certificate of occupancy is issued for the property; except that property may not qualify for the property tax exemption described in this section more than one year after the provider sells the property to the low-income applicant. (c) (I) For property tax years commencing on or after January 1, 2011, but before January 1, 2024, in determining whether a nonprofit housing provider satisfies the intent requirement of subsection (2)(a) of this section with respect to particular property, the administrator may consider indicators of intent, including but not limited to: (A) The establishment by the nonprofit housing provider of a committee or other structure for the purpose of planning the construction or rehabilitation of housing on the property; (B) Steps taken by the nonprofit housing provider to obtain any required local government approvals for the construction or rehabilitation of housing on the property; (C) Steps taken by the nonprofit housing provider to develop and implement a financing plan for the construction or rehabilitation of housing on the property; (D) The hiring of architects, contractors, or other professionals by the nonprofit housing provider in preparation for the actual construction or rehabilitation of housing on the property; and (E) The solicitation or acceptance by the nonprofit housing provider of applications from low-income applicants for housing to be constructed or rehabilitated on the property. (II) For property tax years commencing on or after January 1, 2024, in determining whether a nonprofit housing provider satisfies the intent requirement of subsection (2)(a) of this section with respect to particular property, the administrator may consider indicators of intent, including but not limited to: (A) A land donation agreement between the landowner and the nonprofit housing provider that outlines the purpose of the property donation; (B) A resolution by the nonprofit housing provider's board that designates the property for construction or rehabilitation of for-sale affordable housing; or (C) A resolution by the nonprofit housing provider's board that approves the purchase of the property for land banking with the purpose of constructing or rehabilitating for-sale affordable housing. (3) (a) For property tax years commencing on or after January 1, 2011, but before January 1, 2024, the property tax exemption described in this section is subject to the following limitations: (I) The exemption may be allowed for a maximum of five consecutive property tax years, beginning with the property tax year in which the nonprofit housing provider obtained title to the property; and (II) If the nonprofit housing provider is allowed an exemption for any property tax year and subsequently sells, donates, or leases the property to any person other than a low-income applicant who assisted or will assist in the construction of housing for the applicant's residential use on the property, the provider shall be liable for all property taxes that the provider did not previously pay due to the exemption. it housing provider is allowed an exemption for any property tax year and subsequently sells, donates, or leases the property to any person other than a low-income applicant who assisted or will assist in the construction of housing for the applicant's residential use on the property, the provider shall be liable for all property taxes that the provider did not previously pay due to the exemption. (b) For property tax years commencing on or after January 1, 2024, the property tax exemption described in this section is subject to the following limitations: (I) For nonprofit housing providers who have not previously claimed the property tax exemption, the exemption may be allowed for a maximum of ten consecutive property tax years, beginning with the property tax year in which the nonprofit housing provider claimed the exemption; (II) For nonprofit housing providers who have previously claimed the property tax exemption, the exemption may be allowed for a maximum of five consecutive property tax years, in addition to the five-year period described in subsection (3)(a)(I) of this section; and (III) The nonprofit housing provider is liable for all property taxes that the provider did not previously pay due to the exemption if the provider sells, donates, or leases the property to anyone other than: (A) A low-income applicant who purchased the property; or (B) A community land trust or nonprofit housing provider intending to sell the improvements on the property to a low-income applicant and lease the underlying land to the low-income applicant through a land lease.

C.R.S. § 39-3-114 Burden - claim for charitable exemption

39-3-114. Burden - claim for charitable exemption. The burden shall be on the owner and operator of any residential property for which an exemption is claimed pursuant to any of the provisions of sections 39-3-109 and 39-3-112 to show facts sufficient to support the exemption claimed. In determining whether or not a particular property is entitled to such an exemption provided for in any of said sections, the administrator may require the owner or operator of such property to annually submit a complete financial report on its operations and may require any occupants whose residential units are claimed to qualify for such exemption to submit copies of their federal or state income tax returns.

C.R.S. § 39-3-114.5 Charitable exemption - owner claiming federal tax credit - fee in lieu of school district tax

39-3-114.5. Charitable exemption - owner claiming federal tax credit - fee in lieu of school district tax. (Repealed)

C.R.S. § 39-3-115 Statutes not applicable

39-3-115. Statutes not applicable. Nothing in sections 39-3-106 to 39-3-114 shall apply to parts 2 and 5 of article 4 of title 29, C.R.S.

C.R.S. § 39-3-116 Combination use of property - charitable, religious, and educational purposes - exemption - limitations

39-3-116. Combination use of property - charitable, religious, and educational purposes - exemption - limitations. (1) Except as otherwise provided in this section, property, real and personal, which is used, or owned and used, as applicable, by the owner thereof or by any other person or organization solely and exclusively for any combination of the purposes specified in sections 39-3-106 to 39-3-113.5, subject to the limitations and requirements in said sections, is exempt from the levy and collection of property tax. No requirement shall be imposed that use of property that is otherwise exempt pursuant to any of said sections shall benefit the people of Colorado in order to qualify for said exemption. Property that is otherwise exempt pursuant to the provisions of this section is subject to the provisions of section 39-3-129 relating to the proportional valuation of exempt property if such property is partially leased, loaned, or otherwise made available for a portion of any calendar year to any business conducted for profit. (2) Except as set forth in subsection (2.5) of this section, in the event that such property is used by any person or organization other than the owner: (a) The use of the property by the owner, if any, must qualify pursuant to the provisions of this section or pursuant to any of the provisions of sections 39-3-106 to 39-3-113.5, and, in addition, the owner must qualify for an exemption pursuant to the provisions of section 39-2-117; (b) The use of the property by the person or organization other than the owner is a use described in the provisions of this section or in any of the provisions of sections 39-3-106 to 39-3-113.5 or such person or organization is otherwise exempt from the payment of property taxes; and (c) The amount received by the owner for the use of such property specified in sections 39-3-107 to 39-3-113.5, other than from any shareholder or member of the owner or from any person or organization controlled by an organization which also controls such shareholder or member, must not exceed one dollar per year plus an equitable portion of the reasonable expenses incurred in the operation and maintenance of the property so used. For purposes of this paragraph (c), reasonable expenses include interest expenses, depreciation, long-term maintenance expenses allowed in accordance with generally accepted accounting principles, capital expenses dedicated to refurbishing the property, and expenses incurred to allow the property to conserve energy, water, or other natural resources, but do not include any amount expended to reduce debt. (2.5) Subsection (2) of this section does not apply to property that is used as an integral part of a child care center operated by a person or organization other than the owner of the property and that qualifies for an exemption under section 39-3-110. (3) Any exemption claimed pursuant to the provisions of this section shall comply with the provisions of section 39-2-117.

C.R.S. § 39-3-117 Cemeteries - not-for-profit - exemption

39-3-117. Cemeteries - not-for-profit - exemption. Cemeteries not used or held for private or corporate profit shall be exempt from the levy and collection of property tax.

C.R.S. § 39-3-118 Intangible personal property - exemption

39-3-118. Intangible personal property - exemption. Intangible personal property shall be exempt from the levy and collection of property tax. For purposes of this section, "intangible personal property" shall include, but is not limited to, computer software.

C.R.S. § 39-3-118.5 Business personal property - exemption - exemption authority for local governments

39-3-118.5. Business personal property - exemption - exemption authority for local governments. (1) For property tax years commencing on and after January 1, 1996, business personal property shall be exempt from the levy and collection of property tax until such business personal property is first used in the business after acquisition. (2) For the property tax year commencing on January 1, 2021, any county, municipality, or special district may exempt from its levy and collection of property tax up to one hundred percent of any business personal property.

C.R.S. § 39-3-118.7 Community solar garden - partial business personal property tax exemption - definitions

39-3-118.7. Community solar garden - partial business personal property tax exemption - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Community solar garden" has the same meaning as set forth in section 40-2-127 (2)(b)(I)(A), C.R.S. (b) "Subscriber" has the same meaning as set forth in section 40-2-127 (2)(b)(II), C.R.S. (2) For property tax years commencing on and after January 1, 2015, but before January 1, 2021, there is exempt from the levy and collection of property tax the percentage of alternating current electricity capacity of a community solar garden that is attributed to residential or governmental subscribers, or to subscribers that are organizations that have been granted property tax exemptions pursuant to sections 39-3-106 to 39-3-113.5.

C.R.S. § 39-3-119 Inventories - materials and supplies - held for consumption or primarily for sale - exemption

39-3-119. Inventories - materials and supplies - held for consumption or primarily for sale - exemption. Inventories of merchandise and materials and supplies that are held for consumption by any business or are held primarily for sale shall be exempt from the levy and collection of property tax. The property tax administrator shall publish in the manuals, appraisal procedures, and instructions prepared and published pursuant to section 39-2-109 (1)(e) a definition or description of the types of personal property that are "held for consumption by any business" and therefore exempt from the levy and collection of property tax pursuant to this section.

C.R.S. § 39-3-119.5 Personal property - exemption - reimbursement to local governments - legislative declaration - definitions

39-3-119.5. Personal property - exemption - reimbursement to local governments - legislative declaration - definitions. (1) For property tax years commencing on and after January 1, 1997, personal property not otherwise exempt from property tax shall be exempt from the levy and collection of property tax if the personal property would otherwise be listed on a single personal property schedule and the actual value of such personal property is less than or equal to the amount set forth in subsection (2) of this section. (2) (a) The exemption created in subsection (1) of this section shall be up to and including the following amounts: (I) Two thousand five hundred dollars for property tax years commencing prior to January 1, 2009; (II) Four thousand dollars for property tax years commencing on January 1, 2009, and January 1, 2010; (III) Five thousand five hundred dollars for property tax years commencing on January 1, 2011, and January 1, 2012; (IV) Seven thousand dollars for property tax years commencing on January 1, 2013, and January 1, 2014; (V) Seven thousand three hundred dollars for property tax years commencing on January 1, 2015, and January 1, 2016; (VI) Seven thousand four hundred dollars for property tax years commencing on January 1, 2017, and January 1, 2018; (VII) Seven thousand seven hundred dollars for property tax years commencing on January 1, 2019, and January 1, 2020; and (VIII) Fifty thousand dollars for property tax years commencing on January 1, 2021, and January 1, 2022. (b) (I) (A) Beginning with the property tax year commencing on January 1, 2023, the amount of the exemption created in subsection (1) of this section shall be adjusted biennially to account for inflation since the amount of the exemption last changed pursuant to this subsection (2). On or before November 1, 2022, and each even-numbered year thereafter, the administrator shall calculate the amount of the exemption for the next two-year cycle using inflation for the prior two calendar years as of the date of the calculation. The adjusted exemption shall be rounded upward to the nearest one hundred dollar increment. The administrator shall certify the amount of the exemption for the next two-year cycle and publish the amount on the website maintained by the division of property taxation in the department of local affairs. (B) When calculating the exemption amount under subsection (2)(b)(I)(A) of this section, the administrator shall do another calculation in the same manner but starting from seven thousand nine hundred dollars instead of fifty thousand dollars. This amount is the alternative exemption amount. (C) If, under subsection (3)(f) of this section, the state treasurer notifies the administrator that not all counties have received reimbursement warrants for lost property tax revenue for the amounts specified in subsection (3)(d) of this section, then beginning with the property tax year commencing on January 1 that follows the notification, and for all property tax years thereafter, the amount of the exemption in subsection (1) of this section is the alternative exemption amount. Thereafter, the alternative exemption is adjusted biennially to account for inflation in the same manner as set forth in subsection (2)(b)(I)(A) of this section, and the administrator shall certify the amount of the exemption for the next two-year cycle and publish the amount on the website maintained by the division of property taxation in the department of local affairs. (II) As used in subsection (2)(b)(I) of this section, "inflation" means the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index. website maintained by the division of property taxation in the department of local affairs. (II) As used in subsection (2)(b)(I) of this section, "inflation" means the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index. (3) (a) (I) For the property tax year commencing on January 1, 2021, each assessor shall calculate the aggregate value of exempt business personal property within the county based on the property that is listed on schedules for the property tax year with a total value that is more than seven thousand nine hundred dollars and less than or equal to fifty thousand dollars. (II) For the property tax year commencing on January 1, 2021, each treasurer shall calculate the total property tax revenues lost by all local governmental entities within the treasurer's county based on the exempt business personal property amount calculated in accordance with subsection (3)(a)(I) of this section. (b) No later than February 1, 2022, and each February 1 thereafter, the administrator shall calculate the percentage increase or decrease in total valuation of business personal property in the state over the prior two property tax years. The administrator shall publish the percentage increase or decrease on the website maintained by the division of property taxation in the department of local affairs. (c) (I) For the property tax years commencing on January 1, 2022, and each year thereafter, each assessor shall calculate an estimate of the aggregate value of exempt business personal property for the county and each local governmental entity located within the county that is equal to the applicable baseline exemption total adjusted by the growth factor for each property tax year commencing on and after January 1, 2022. (II) For the property tax years commencing on January 1, 2022, and each year thereafter, each treasurer shall calculate the total property tax revenues lost by all local governmental entities within the treasurer's county based on the estimate of exempt business personal property amount calculated in accordance with subsection (3)(c)(I) of this section. (III) As used in this subsection (3)(c), unless the context otherwise requires: (A) "Baseline exemption total" means the aggregate value of the exempt business personal property calculated in accordance with subsection (3)(a)(I) of this section for a county or a local governmental entity located within the county as of January 1, 2021. (B) "Growth factor" means the percentage increase or decrease that the administrator publishes for a property tax year in accordance with subsection (3)(b) of this section. (d) No later than March 1, 2022, and each March 1 thereafter, each treasurer shall report the amount specified in subsection (3)(a)(II) or (3)(c)(II) of this section, as applicable, and the basis for the amount to the administrator, and the administrator may require a treasurer to provide additional information as necessary to evaluate the amount reported. The administrator shall confirm that the reported amount is correct or rectify the amount, if necessary. The administrator shall then forward the correct amount for each county to the state treasurer to enable the state treasurer to issue a reimbursement warrant to each treasurer in accordance with subsection (3)(e) of this section. itional information as necessary to evaluate the amount reported. The administrator shall confirm that the reported amount is correct or rectify the amount, if necessary. The administrator shall then forward the correct amount for each county to the state treasurer to enable the state treasurer to issue a reimbursement warrant to each treasurer in accordance with subsection (3)(e) of this section. (e) No later than April 15, 2022, and April 15 of each year thereafter, the state treasurer shall issue a warrant to be paid upon demand from the general fund to each treasurer that is equal to the amount specified by the administrator for the county under subsection (3)(d) of this section. Each treasurer shall distribute the total amount received from the state treasurer to the local governmental entities within the treasurer's county as if the revenues had been regularly paid as property tax. When distributing the money, the treasurer shall provide each local governmental entity with a statement of the amount distributed to the local governmental entity that represents the reimbursement received under this subsection (3)(e). (f) No later than May 1, 2022, and May 1 of each year thereafter, the state treasurer shall notify the administrator whether all counties have received a reimbursement warrant for lost property tax revenue for the amounts specified in subsection (3)(d) of this section. (g) This subsection (3) does not apply if the amount of the exemption created in subsection (1) of this section is the alternative exemption amount as required by subsection (2)(b)(I)(C) of this section.

C.R.S. § 39-3-120 Livestock - exemption

39-3-120. Livestock - exemption. Livestock shall be exempt from the levy and collection of property tax.

C.R.S. § 39-3-121 Agricultural and livestock products - exemption

39-3-121. Agricultural and livestock products - exemption. Agricultural and livestock products shall be exempt from the levy and collection of property tax.

C.R.S. § 39-3-122 Agricultural equipment used in production of agricultural products - CEA facilities - exemption - definition

39-3-122. Agricultural equipment used in production of agricultural products - CEA facilities - exemption - definition. (1) Agricultural equipment that is used on any farm or ranch in the production of agricultural products is exempt from the levy and collection of property tax. (2) On and after January 1, 2023, agricultural equipment that is used in any CEA facility or greenhouse is exempt from the levy and collection of property tax. (3) On and after January 1, 2024, but before January 2, 2029, personal property is exempted from the levy and collection of property tax if the property is machinery or equipment that is part of a solar energy generating system that is used for agrivoltaics, and if the property: (a) Incorporates novel designs, technologies, or configurations that significantly expand the potential for agricultural activities, including by: (I) Elevating the bottom edge height of the panels at least six feet above the ground; (II) Utilizing translucent panels or panels with tubular or other innovative panel geometry that supports agrivoltaics; (III) Incorporating alternative solar tracking algorithms that are tailored to optimize vegetative growth; (IV) Incorporating extended row or panel spacing in a manner that enables agricultural activities; (V) Incorporating modified wire management systems that support livestock, including raising, lowering, or burying wiring; (VI) Incorporating innovative photovoltaic racking structures, including tensioned wire racking systems, suspension-based systems, or other dynamic photovoltaic racking systems or arrangements; (VII) Incorporating agricultural infrastructure that is typically found on a farm or ranch operation, such as agricultural fences, water sources and distribution, water troughs and tanks, corrals, livestock pens, or produce handling equipment; or (VIII) Incorporating agricultural structures that are typically found on an agricultural operation, such as a tractor shed, a barn, or structures for equipment storage, produce washing, storage, processing, or chilling and packaging; (b) Is constructed in a manner that minimizes soil compaction underneath and in between panels; and (c) Is constructed to incorporate design strategies that are planned with the intent to minimize the negative environmental impact of photovoltaic energy production facilities on ecosystems, native vegetation, state and federally listed species, wildlife migration corridors, and the species, habitats, and ecosystems of greatest conservation need. (4) As used in this section, "agrivoltaics" has the meaning set forth in section 35-1-114 (4)(a).

C.R.S. § 39-3-123 Works of art, literary materials, and artifacts - on loan - exemption - limitations - definitions

39-3-123. Works of art, literary materials, and artifacts - on loan - exemption - limitations - definitions. (1) Works of art, literary materials, and artifacts shall be exempt from the levy and collection of property tax if such works of art, literary materials, and artifacts are loaned to and are in the custody and control of: (a) The state or a political subdivision thereof; or (b) A library or any art gallery or museum which is owned or operated by a charitable organization whose property is irrevocably dedicated to charitable purposes and whose assets shall not inure to the benefit of any private person upon the liquidation, dissolution, or abandonment by the owner, and which uses such works of art, literary materials, and artifacts for charitable purposes. This exemption shall apply only for the period of time during which such works of art, literary materials, and artifacts are actually on loan and shall be in addition to such exemptions provided for in sections 39-3-108 to 39-3-113.5. (2) Any exemption claimed pursuant to the provisions of subsection (1) of this section shall comply with the provisions of section 39-5-113.5. (3) For purposes of subsection (1) of this section: (a) "Artifacts" means items of personal property which are objects of human workmanship and which have archaeological or historical significance. (b) "Charitable organization" means a charitable organization as defined in section 39-26-102 (2.5). (c) "Charitable purposes" means public display, research, educational study, maintenance of property, and preparation for display. (d) "Literary materials" means items of personal property including, but not limited to, books, letters, diaries, records, documents, memoranda, journals, magazines, and notes. (e) "Works of art" means works of art as defined in section 39-1-102 (18).

C.R.S. § 39-3-124 Property used by state entity - installment sales or lease agreement - financed purchase of an asset, certificate of participation, or leveraged lease agreement - exemption

39-3-124. Property used by state entity - installment sales or lease agreement - financed purchase of an asset, certificate of participation, or leveraged lease agreement - exemption. (1) (a) Property, real and personal, that is used by the state or any of its political subdivisions pursuant to the provisions of any installment sales agreement, financed purchase of an asset agreement, certificate of participation agreement, or any other agreement whereby the state or such political subdivision shall be entitled to acquire title to such property at the end of the agreement term without cost or for only nominal consideration shall be exempt from the levy and collection of property tax. (b) (I) (A) Subject to the provisions of sub-subparagraph (B) of this subparagraph (I), on and after January 1, 2009, the part of real property that is used by the state, a political subdivision, or a state-supported institution of higher education pursuant to the provisions of any lease or rental agreement for at least a one-year term, with or without an option to purchase, and pursuant to which the subject real property is used for purposes of the state, political subdivision, or institution of higher education, as applicable, shall be exempt from the levy and collection of property tax. If the state or any political subdivision or state-supported institution of higher education enters into a lease or rental agreement or is already in a lease or rental agreement on or after January 1, 2009, and is exempt from the levy and collection of property tax pursuant to this section, the state, political subdivision, or state-supported institution of higher education, as applicable, shall file a copy of the lease or rental agreement with the county assessor's office. The state or a political subdivision or institution of higher education shall notify the county assessor's office in the event that the lease or rental agreement is terminated prior to the term stated in such lease or rental agreement. Nothing in this paragraph (b) shall affect property tax exemptions allowed pursuant to section 8-82-104, 22-32-127, 29-4-227, 30-11-104.2, 31-15-802, or 43-1-214, C.R.S. (B) The state, a political subdivision, or a state-supported institution of higher education shall reduce, deduct, or offset property taxes from rent due under any lease or rental agreement pursuant to sub-subparagraph (A) of this subparagraph (I). Upon receipt of a lease or rental agreement for the state, a political subdivision, or a state-supported institution of higher education, the county assessor shall send a notice to the landlord acknowledging receipt of the lease or rental agreement. The notice shall identify the property, the property address, and the parties to the lease or rental agreement. (C) To the extent that real property taxes are shared and payable by one or more tenants under the lease of property that are not the state, a political subdivision, or a state-supported institution of higher education, real property taxes otherwise due but for the application of this paragraph (b) shall be deemed taxes paid by the property owner or the landlord of a property leased in part to the state, a political subdivision, or a state-supported institution of higher education. (D) Only a tenant that is the state, a political subdivision, or a state-supported institution of higher education shall receive any benefit related to the tenant's property tax-exempt status pursuant to this paragraph (b). (E) It is the general assembly's intent that the application of this paragraph (b) be cost-neutral in that the tax reduction and the rent reduction pursuant to this paragraph (b) are equal. ant that is the state, a political subdivision, or a state-supported institution of higher education shall receive any benefit related to the tenant's property tax-exempt status pursuant to this paragraph (b). (E) It is the general assembly's intent that the application of this paragraph (b) be cost-neutral in that the tax reduction and the rent reduction pursuant to this paragraph (b) are equal. (II) For purposes of this paragraph (b), "state-supported institution of higher education" includes, but need not be limited to, all postsecondary institutions in the state supported in whole or in part by state funds, including community colleges, extension programs of the state-supported universities and colleges, local district colleges, area technical colleges, and the institutions governed by the regents of the university of Colorado. (2) A leasehold interest in real or personal property that is owned by the state or by a political subdivision of the state and that has been leased to a private person, the use and possession of which has been leased back to the state or a political subdivision of the state, shall be exempt from the levy and collection of property tax during the term of the use and possession of the property by the state or a political subdivision of the state. Property that is the subject of a leveraged leasing agreement executed by the state or by a political subdivision of the state shall be treated as tax-exempt property owned by the state for purposes of any state or local tax. (3) The lease of property by a political subdivision of the state to a private person and the sublease of the property back to the political subdivision of the state pursuant to a leveraged leasing agreement shall not cause the private person to whom the property has been leased to incur any liability in tort by virtue of the private person's status as a lessor under the leveraged leasing agreement.

C.R.S. § 39-3-125 Church property - used as residence - exemption - limitation

39-3-125. Church property - used as residence - exemption - limitation. (Repealed)

C.R.S. § 39-3-126 Horticultural improvements - exemption - limitation - exception

39-3-126. Horticultural improvements - exemption - limitation - exception. Any increase in value of privately owned lands resulting from the planting of trees shall not be taken into account in determining the actual value of such lands for a period of thirty years from the date of planting such trees. This section shall apply to all lands so planted; however, in the event that any trees become sufficiently mature as to be of economic use and value prior to the expiration of thirty years, any increase in use and value shall be thereafter taken into account in determining the actual value of such lands.

C.R.S. § 39-3-126.5 Mobile homes - low-value - exemption - legislative declaration - definition

39-3-126.5. Mobile homes - low-value - exemption - legislative declaration - definition. (1) The general assembly hereby finds and declares that: (a) Mobile homes are unique properties that are subject to the ad valorem tax as if they are real property, but the tax is collected as if they are personal property; (b) The actual value of mobile homes can be quite low compared to other residential real property improvements; (c) For these low-value mobile homes, the actual collection costs attributable to a county assessor and county treasurer may exceed the total amount of taxes collected; (d) If the taxes owed on these mobile homes become delinquent, then all of the additional collection costs may exceed the taxes owed; and (e) This exemption will only have a de minimis impact on local government revenues. (2) As used in this section, "mobile home" means a mobile home as defined in section 39-1-102 (8) or a "manufactured home" as defined in section 39-1-102 (7.8) and, in either case, for which a certificate of title has been issued pursuant to part 1 of article 29 of title 38 and that does not have a certificate of permanent location pursuant to section 38-29-202. (3) For property tax years commencing on or after January 1, 2022, a mobile home with an actual value that is less than or equal to twenty-eight thousand dollars is exempt from the levy and collection of property tax.

C.R.S. § 39-3-127 County fair property - exemption - limitation

39-3-127. County fair property - exemption - limitation. Property, real and personal, of any association duly organized pursuant to the laws of this state for the purpose of holding county fairs to promote and advance the interests of agriculture, horticulture, animal husbandry, home economics, and the mechanical attributes thereof shall be exempt from the levy and collection of property tax so long as such property is actually and exclusively used for said purpose and not for pecuniary profit.

C.R.S. § 39-3-127.5 Qualifying business entities - participation in federal tax credit transactions - exemption - requirements - definitions

39-3-127.5. Qualifying business entities - participation in federal tax credit transactions - exemption - requirements - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Qualified business entity" means a limited partnership or a limited liability company: (I) That is formed for the purpose of obtaining federal tax credits and that does obtain such credits; and (II) The general partner or managing member of which is an entity that would qualify for property tax exemption under sections 39-3-106 to 39-3-113.5. (2) For property tax years beginning on or after January 1, 2014, real and personal property is exempt from the levy and collection of property tax if: (a) The property tax is owed by a qualified business entity; and (b) The property is used for the purposes described in sections 39-3-106 to 39-3-113.5 and 39-3-116. (3) In addition to any other requirement specified in this section, any exemption claimed pursuant to the provisions of this section must also comply with section 39-2-117.

C.R.S. § 39-3-127.7 Community land trust property - nonprofit affordable homeownership developer property - exemption - requirements - legislative declaration - definitions

39-3-127.7. Community land trust property - nonprofit affordable homeownership developer property - exemption - requirements - legislative declaration - definitions. (1) (a) The general assembly hereby finds and declares that: (I) The cost of homeownership has risen dramatically in Colorado: From December 2020 to December 2022, the median home value in Colorado increased over thirty percent; (II) Entry-level homeownership options are increasingly unavailable, and community land trusts and nonprofit affordable homeownership developers are playing an increasingly large role in helping low- and middle-income Coloradans access homeownership; and (III) Compared to tools used to incentivize affordable rental housing, such as the low-income housing tax credit, there are fewer tools to incentivize the creation of affordable for-sale housing. (b) Therefore, it is the intent of the general assembly to provide a limited property tax exemption to community land trusts and nonprofit affordable homeownership developers in certain circumstances. (2) As used in this section, unless the context otherwise requires: (a) "Affordable homeownership property" means any dwelling that: (I) Is restricted by a deed that impacts ownership of the property, limits the property's resale price, requires a long-term land lease with a community land trust or nonprofit affordable homeownership developer, or imposes any other restriction that limits the property such that it may only be purchased by designated households, a community land trust, or a nonprofit affordable homeownership developer; (II) Is sold to a household that at the time of purchase is at or below one hundred percent of the area median income of households of that same size in the county in which the housing is located; and (III) Is sold to a purchaser to be used as a primary residence. (b) "Community land trust" means a nonprofit organization that is exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and is designed to ensure long-term housing affordability through a shared-equity model by acquiring and maintaining ownership of real property, while selling the improvements to low-to-middle income households for use as a primary residence. (c) "Improvement" means a permanent change to real property that augments the real property's value including but not limited to a single-family home, townhome, or condominium. (d) "Land lease" means a long-term lease used in affordable homeownership properties to lease the real property that is owned by a community land trust or nonprofit affordable homeownership developer to the owner of the improvements on the real property and preserve the improvements as an affordable homeownership property. (e) "Nonprofit affordable homeownership developer" means an organization that is exempt from federal income tax pursuant to section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and that has a primary organizational mission of providing for-sale affordable housing units to low-to-middle income households for use as a primary residence. (3) (a) For property tax years commencing on or after January 1, 2024, real property is deemed to be used for a strictly charitable purpose, and is exempt from property taxation in accordance with section 5 of article X of the state constitution, if the real property: (I) Is held by either a community land trust or a nonprofit affordable homeownership developer; (II) Has been split into a separate taxable parcel from the improvements; and (III) Is leased to the owner of the improvements as an affordable homeownership property. pose, and is exempt from property taxation in accordance with section 5 of article X of the state constitution, if the real property: (I) Is held by either a community land trust or a nonprofit affordable homeownership developer; (II) Has been split into a separate taxable parcel from the improvements; and (III) Is leased to the owner of the improvements as an affordable homeownership property. (b) The real property described in subsection (3)(a) of this section is deemed to be used for a strictly charitable purpose, and is exempt from property taxation in accordance with section 5 of article X of the state constitution, until the real property is no longer used as an affordable homeownership property. (4) If a community land trust or nonprofit affordable homeownership developer claims a property tax exemption pursuant to this section for a real property and then subsequently sells, donates, or leases that real property so that the real property no longer qualifies as an affordable homeownership property, the community land trust or nonprofit affordable homeownership developer is liable for all property taxes for the real property for the property tax years when the real property did not qualify as an affordable homeownership property and during which the community land trust or nonprofit affordable homeownership developer did not pay property taxes for the real property due to the property tax exemption described in this section. (5) Improvements on real property that qualifies for the property tax exemption described in this section are not exempt from property taxation. (6) A community land trust or nonprofit affordable home ownership developer that owns real property that qualifies for the property tax exemption described in this section shall submit the land lease for each real property that qualifies for the property tax exemption described in this section to the appropriate county assessor within twenty-five days of the initial execution of the land lease. (7) (a) Any community land trust or nonprofit affordable homeownership developer that claims a property tax exemption pursuant to this section shall comply with the provisions of section 39-2-117; except that, if the real property that is allowed an exemption pursuant to this section has been subdivided, the owner of such property or the owner's agent is only required to: (I) Submit one application for the exemption for all parcels in connection with the subdivision pursuant to section 39-2-117 (1)(a), but the filing must be accompanied by a payment in accordance with section 39-2-117 (1)(a)(I) in an amount not to exceed the aggregate amount of payments that would be required if individual applications were filed for each parcel; and (II) If the exemption is granted, file one annual report pursuant to section 39-2-117 (3)(a) for all parcels in connection with the subdivision, but the filing must be accompanied by a payment in accordance with section 39-2-117 (3)(a) in an amount not to exceed the aggregate amount of payments that would be required if individual reports were filed for each parcel. (b) Notwithstanding subsection (7)(a)(II) of this section, if the real property that is allowed an exemption pursuant to this section has been subdivided but the subdivided parcel has been split into a separate taxable parcel from the improvements and is leased to the owner of the improvements as an affordable homeownership property, then the owner of such real property or the owner's agent must file an individual annual report for the subdivided parcel in accordance with section 39-2-117 (3)(a).

C.R.S. § 39-3-128 Exempt property listed and valued

39-3-128. Exempt property listed and valued. It is the duty of the assessor to list, appraise, and value all real property exempted from the levy and collection of property tax pursuant to the provisions of sections 39-3-106 to 39-3-113.5 or 39-3-116, and such information shall be entered in the same detail as required for taxable property.

C.R.S. § 39-3-129 Proportional valuation - exempt property

39-3-129. Proportional valuation - exempt property. (1) Except as otherwise provided in subsection (2) of this section, whenever any real property that was previously taxable becomes legally exempt from the levy and collection of property tax or any real property that was previously legally exempt from the levy and collection of property tax becomes taxable, the valuation for assessment of the real property shall be a proportion of the valuation for assessment of the real property for the entire taxable year based upon the ratio of the portion of the taxable year in which the property is taxable to the entire taxable year. In the event the real property is partially leased, loaned, or otherwise made available to and used by a business conducted for profit, the determination as to what portion of the real property is so utilized shall be made by the administrator on the basis of the facts existing on the annual assessment date for the real property. The administrator shall have the authority to determine the actual value of the nonexempt portion of the property in relation to the actual value of the entire property by using the ratio of the square foot area of the property utilized by the business conducted for profit to the total square foot area of the property. Where shown to be more appropriate, in order to determine the relationship between the actual value of the nonexempt portion of the property and the actual value of the total property, the administrator may employ the ratio of the portion as measured in hours of any calendar year in which the property is leased, loaned, or otherwise made available to and used by any business conducted for profit to the entire calendar year. (2) The provisions of subsection (1) of this section shall not be applicable to household furnishings.

C.R.S. § 39-3-130 Change in tax status of property - effective date - tax liability

39-3-130. Change in tax status of property - effective date - tax liability. (1) (a) (I) Whenever any real property that was previously taxable becomes legally exempt from the levy and collection of property tax for any reason, the person conveying the real property shall be relieved from all further tax obligations with respect to the real property on the date title thereto is conveyed by agreement or on the date title thereto is conveyed pursuant to a court order. (II) On and after January 1, 1996, whenever any personal property that was previously taxable becomes legally exempt from the levy and collection of property tax for any reason, the exempt status shall become effective on the assessment date following the change in status. If the change in status occurred due to the conveyance of the personal property, the person conveying the personal property shall not be relieved of any tax obligation with respect to the personal property for the property tax year in which the conveyance occurred. (b) (I) Except as otherwise provided in subsection (2) of this section, whenever any real property that was previously exempt from the levy and collection of property tax becomes taxable, the person acquiring title to the real property shall be liable for subsequent tax obligations with respect to the real property on the date title thereto is acquired by the person. (II) On and after January 1, 1996, except as otherwise provided in subsection (2) of this section, whenever any personal property that was previously exempt from the levy and collection of property tax becomes taxable, the taxable status shall become effective on the assessment date following the change in status. If the change in status occurred due to conveyance of the personal property, the person acquiring title to the personal property shall not be liable for any tax obligation with respect to the personal property for the property tax year in which the conveyance occurred. (2) Whenever any personal property consisting of inventory, as defined in section 39-1-102 (7.2), becomes taxable because the personal property has become subject to a lease or rental agreement, the lessor shall not be responsible for any tax obligation on the property for the property tax year in which the agreement was executed.

C.R.S. § 39-3-131 Entire property becomes tax-exempt

39-3-131. Entire property becomes tax-exempt. Whenever any property which was previously taxable becomes exempt from the levy and collection of property tax, the treasurer shall accept payment of property taxes levied on such property for the current taxable year. The amount of such property taxes shall be calculated on the basis of the property tax levy on such property in the preceding taxable year and prorated to the date upon which title to such property was conveyed.

C.R.S. § 39-3-132 Portion of property becomes tax-exempt

39-3-132. Portion of property becomes tax-exempt. Whenever only a portion of a parcel, tract, or lot of real property which was previously taxable becomes exempt from the levy and collection of property tax for any reason, the treasurer may, upon the basis of an appraisal and computation of the valuation for assessment of such property by the assessor, either collect the property taxes thereon for the current taxable year, calculated on the basis of the property tax levy on such property during the preceding taxable year and prorated to the date upon which title to such property was conveyed, or, if the treasurer is satisfied that there is sufficient taxable real property remaining to satisfy any lien for the amount of property taxes payable on such portion, he may defer collection of the property taxes until the following taxable year. In the event the prorated taxes on such portion are collected, the owner of the remainder of such real property shall be credited with the full amount of taxes collected when the property tax levy for the current taxable year has been fixed and made and the correct amount of property taxes determined.

C.R.S. § 39-3-133 Payment of property taxes extinguishes lien

39-3-133. Payment of property taxes extinguishes lien. Payment to the treasurer of prorated property taxes for the current taxable year, as provided for in sections 39-3-131 and 39-3-132, together with payment of any other unpaid property taxes, delinquent interest, or charges thereon, shall extinguish the lien for property taxes on such property, or a portion thereof; however, if only a portion of any parcel, tract, or lot of real property becomes exempt from the levy and collection of property tax and no property taxes are collected at that time, the lien of property taxes levied or to be levied shall attach to the remaining portion of such real property.

C.R.S. § 39-3-134 Condemnation by tax-exempt agency - duties of treasurer

39-3-134. Condemnation by tax-exempt agency - duties of treasurer. In all cases where an entire property, or a portion of any parcel, tract, or lot of real property, is likely to become exempt from the levy and collection of property tax through exercise of the power of eminent domain, the treasurer shall be joined as a party respondent in any such eminent domain action, and, upon joinder and notice of the proceedings, the treasurer shall assert a claim for the amount of any prorated property taxes for the current taxable year on such property, and all other unpaid property taxes, delinquent interest, or charges thereon, with the clerk of the court in which the proceedings are filed. Upon institution of any such proceedings, the lien of property taxes levied and to be levied shall be transferred from the real property acquired or sought to be acquired to any money awarded or to be awarded for the taking of such real property. Nothing in this section shall require any treasurer to file a claim in any such proceedings involving acquisition of only a portion of any real property if the treasurer is satisfied that there is sufficient taxable real property remaining after the taking of such portion to satisfy any lien for the amount of property taxes payable on such portion taken.

C.R.S. § 39-3-135 Taxation of exempt property - taxes not to become lien

39-3-135. Taxation of exempt property - taxes not to become lien. (Repealed)

C.R.S. § 39-3-136 Legislative declaration - taxation of exempt property - possessory interests

39-3-136. Legislative declaration - taxation of exempt property - possessory interests. (Repealed)

C.R.S. § 39-3-137 Organizations with tax-exempt status - forgiveness of taxes owed

39-3-137. Organizations with tax-exempt status - forgiveness of taxes owed. (1) Subject to the provisions of subsection (2) of this section, any organization that, as of August 5, 2008, owes taxes that have been levied on real or personal property shall not be required to pay the balance of the taxes owed on or after August 5, 2008, if the organization meets the following requirements: (a) The organization is a religious, charitable, or educational organization exempt from general taxation on real and personal property pursuant to sections 39-3-106 to 39-3-113.5 and 39-3-116; (b) The organization has, before August 5, 2008, filed an application for exemption and been granted an exemption from general taxation on real and personal property pursuant to section 39-2-117; (c) The organization has, before August 5, 2008, and after receiving an exemption from property tax, filed an annual report required for the continuation of property tax-exempt status pursuant to section 39-2-117 (3), but the report was determined to be incomplete or otherwise incorrect when filed; and (d) The organization, as a result of the incomplete or incorrect report referenced in paragraph (c) of this subsection (1), was denied tax-exempt status for one or more property tax years and received a property tax bill for such year or years. (2) Any waiver of the balance of taxes owed by an organization pursuant to subsection (1) of this section shall be contingent upon the reestablishment of the organization's tax-exempt status by the property tax administrator, as authorized by the state board of equalization. (3) The state board of equalization may authorize the property tax administrator to reestablish tax-exempt status for any organization that meets the criteria specified in paragraphs (a) to (d) of subsection (1) of this section and that paid all or any portion of a property tax bill for a year or years in which the organization was denied tax-exempt status.

C.R.S. § 39-3-138 EV supply equipment - exemption

39-3-138. EV supply equipment - exemption. For property tax years commencing on and after January 1, 2023, but before January 1, 2030, an electric vehicle charging system, as defined in section 38-12-601 (6)(a), is exempt from the levy and collection of property tax.

C.R.S. § 39-3-201 Legislative declaration

39-3-201. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Section 3.5 of article X of the state constitution, which was approved by the registered electors of the state at the 2000 general election and amended by the registered electors of the state at the 2006 general election, provides property tax exemptions for a qualifying senior and for a qualifying "disabled veteran", defined, in accordance with the "people first language" requirements of section 2-2-802, in section 39-3-202 (3.5) as a "qualifying veteran with a disability" for purposes of this part 2; (b) It is within the legislative prerogative of the general assembly to enact legislation to implement section 3.5 of article X of the state constitution that will ensure compliance with the requirements of said section and facilitate its operation; (c) In enacting legislation to implement section 3.5 of article X of the state constitution the general assembly has attempted to interpret the provisions of section 3.5 of article X of the state constitution in a manner that gives its words their natural and obvious significance; (d) This part 2 reflects the considered judgment of the general assembly regarding the meaning and implementation of the provisions of section 3.5 of article X of the state constitution.

C.R.S. § 39-3-202 Definitions

39-3-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Division" means the division of veterans affairs in the department of military and veterans affairs. (1.5) "Exemption" means the property tax exemptions for qualifying seniors and qualifying veterans with a disability allowed by section 39-3-203. (2) (a) "Owner-occupier" means an individual who: (I) Is an owner of record of residential real property that he or she occupies as his or her primary residence; (II) Is not an owner of record of the residential real property that he or she occupies as his or her primary residence, but is: (A) The spouse of an individual who is an owner of record of the residential real property and who also occupies the residential real property as his or her primary residence; or (B) The surviving spouse of an individual who was an owner of record of the residential real property and who occupied the residential real property with the surviving spouse as his or her primary residence until his or her death; or (III) Is not an owner of record of the residential real property that he or she occupies as his or her primary residence, only because the property has been purchased by or transferred to a trust, a corporate partnership, or any other legal entity solely for estate planning purposes and is the maker of the trust or a principal of the corporate partnership or other legal entity; (IV) (A) Occupies residential real property as his or her primary residence; and (B) Is the spouse of a person who also occupies the residential real property, who is not the owner of record of the property only because the property has been purchased by or transferred to a trust, a corporate partnership, or any other legal entity solely for estate planning purposes, and who is the maker of the trust or a principal of the corporate partnership or other legal entity; and (V) (A) Occupies residential real property as his or her primary residence; and (B) Is the surviving spouse of a person who occupied the residential real property with the surviving spouse until his or her death, who was not the owner of record of the property at the time of his or her death only because the property had been purchased by or transferred to a trust, a corporate partnership, or any other legal entity solely for estate planning purposes prior to his or her death, and who was the maker of the trust or a principal of the corporate partnership or other legal entity prior to his or her death. (b) "Owner-occupier" also includes any individual who, but for the confinement of the individual to a hospital, nursing home, or assisted living facility, would occupy residential real property as his or her primary residence and would meet one or more of the ownership criteria specified in paragraph (a) of this subsection (2), if the residential real property: (I) Is temporarily unoccupied; or (II) Is occupied by the spouse or a financial dependent of the individual. ment of the individual to a hospital, nursing home, or assisted living facility, would occupy residential real property as his or her primary residence and would meet one or more of the ownership criteria specified in paragraph (a) of this subsection (2), if the residential real property: (I) Is temporarily unoccupied; or (II) Is occupied by the spouse or a financial dependent of the individual. (3) "Owner of record" means an individual whose name appears on a valid recorded deed to residential real property as an owner of the property. (3.3) "Proof of qualifying veteran with a disability status" means documentary evidence from the United States department of veterans affairs that an individual is a qualifying veteran with a disability, as defined in subsection (3.5) of this section. The division shall develop guidelines that specify the documentary evidence from the United States department of veterans affairs that is required to establish proof of qualifying veteran with a disability status. (3.5) "Qualifying veteran with a disability" means an individual who has served on active duty in the United States armed forces, including a member of the Colorado National Guard who has been ordered into the active military service of the United States, has been separated therefrom under honorable conditions, and has either established a service-connected disability that has been rated by the United States department of veterans affairs as a one hundred percent permanent disability through disability retirement benefits pursuant to a law or regulation administered by the department, the United States department of homeland security, or the department of the Army, Navy, or Air Force or has individual unemployability status as determined by the United States department of veterans affairs. (4) "Surviving spouse" means an individual who was legally married to another individual at the time of the other individual's death and who has not remarried.

C.R.S. § 39-3-203 Property tax exemption - qualifications

39-3-203. Property tax exemption - qualifications. (1) For the property tax year commencing January 1, 2002, for property tax years commencing on or after January 1, 2006, but before January 1, 2009, and for property tax years commencing on or after January 1, 2012, fifty percent of the first two hundred thousand dollars of actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of the owner-occupier shall be exempt from taxation, and for property tax years commencing on or after January 1, 2003, but before January 1, 2006, and on or after January 1, 2009, but before January 1, 2012, fifty percent of zero dollars of actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of the owner-occupier shall be exempt from taxation if: (a) (I) The owner-occupier is sixty-five years of age or older as of the assessment date and has owned and occupied such residential real property as his or her primary residence for the ten years preceding the assessment date; or (II) The owner-occupier is the surviving spouse of an owner-occupier who previously qualified for a property tax exemption for the same residential real property under subparagraph (I) of this paragraph (a); and (b) The owner-occupier has completed and filed an exemption application in the manner required by section 39-3-205 and the circumstances that qualify the property for the exemption have not changed since the filing of the application. Under no circumstances shall an exemption be allowed for property taxes assessed during any property tax year prior to the year in which an owner-occupier first files an exemption application. (1.5) (a) For property tax years commencing on or after January 1, 2007, fifty percent of the first two hundred thousand dollars of actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of an owner-occupier who is a qualifying veteran with a disability shall be exempt from taxation if: (I) The owner-occupier has completed and filed an exemption application in the manner required by section 39-3-205; and (II) The circumstances that qualify the property for the exemption have not changed since the filing of the application. (a.5) For property tax years commencing on or after January 1, 2015, fifty percent of the first two hundred thousand dollars of actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of an owner-occupier who is the surviving spouse of a qualifying veteran with a disability who previously received an exemption under subsection (1.5)(a) of this section is exempt from taxation. r January 1, 2015, fifty percent of the first two hundred thousand dollars of actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of an owner-occupier who is the surviving spouse of a qualifying veteran with a disability who previously received an exemption under subsection (1.5)(a) of this section is exempt from taxation. (b) Under no circumstances shall an exemption be allowed for property taxes assessed during any property tax year prior to the year for which an owner-occupier first files an exemption application. (2) Notwithstanding the provisions of paragraph (a) of subsection (1) and subsection (1.5) of this section, if ownership of residential real property that qualified for an exemption as of the assessment date changes after the assessment date, an exemption shall be allowed only if an owner-occupier whose status as an owner-occupier qualified the property for the exemption has filed an exemption application by the deadline for filing exemption applications specified in section 39-3-205 (1). (3) An individual who owns and occupies a dwelling unit in a common interest community, as defined in section 38-33.3-103 (8), C.R.S., as his or her primary residence, or who owns residential real property consisting of multiple-dwelling units and occupies one of the dwelling units as his or her primary residence, shall be allowed an exemption only with respect to the dwelling unit that the individual occupies as his or her primary residence. (4) No more than one exemption per property tax year shall be allowed for a single dwelling unit of residential real property, regardless of how many owner-occupiers use the dwelling unit as their primary residence or whether one or more owner-occupiers qualify for exemptions under both subsections (1) and (1.5) of this section. The full amount of the exemption allowed by subsection (1) or (1.5) of this section shall be allowed with respect to any single dwelling unit of residential real property so long as any owner-occupier of the dwelling unit satisfies the requirements of subsection (1) or (1.5) of this section, and the fact that any other person who does not satisfy said requirements is also an owner of record of the dwelling unit shall not affect the amount of the exemption. (5) For purposes of this part 2, two individuals who are legally married, but who own more than one piece of residential real property, shall be deemed to occupy the same primary residence and may claim no more than one exemption. (6) (a) Notwithstanding the ten-year occupancy requirement set forth in subparagraph (I) of paragraph (a) of subsection (1) of this section, an owner-occupier who has not actually owned and occupied residential real property for which the owner-occupier has claimed an exemption under said subsection (1) for the ten years preceding the assessment date shall be deemed to have met the ten-year requirement and shall be allowed an exemption under said subsection (1) with respect to the property if: (I) The owner-occupier would have qualified for the exemption with respect to other residential real property that the owner-occupier owned and occupied as his or her primary residence before moving to the residential real property for which an exemption is claimed but for the fact that the other property was condemned by a governmental entity through an eminent domain proceeding; or (I.5) For property tax years commencing on or after January 1, 2015, the owner-occupier would have qualified for the exemption with respect to other residential real property that the owner-occupier owned and occupied as his or her primary residence before moving to the residential real property for which an exemption is claimed but for the fact that a natural disaster destroyed the former primary residence or otherwise rendered it uninhabitable; and nuary 1, 2015, the owner-occupier would have qualified for the exemption with respect to other residential real property that the owner-occupier owned and occupied as his or her primary residence before moving to the residential real property for which an exemption is claimed but for the fact that a natural disaster destroyed the former primary residence or otherwise rendered it uninhabitable; and (II) The owner-occupier has not owned and occupied residential property as his or her primary residence other than the residential real property for which an exemption is claimed since the condemnation occurred. (b) An owner-occupier who claims an exemption with respect to residential real property that he or she has not actually owned and occupied as his or her primary residence for the ten years preceding the assessment date as permitted by paragraph (a) of this subsection (6) shall provide to the assessor with whom the owner-occupier files the exemption application any information that the assessor may reasonably require to verify that the owner-occupier is entitled to an exemption.

C.R.S. § 39-3-204 Notice of property tax exemption

39-3-204. Notice of property tax exemption. No later than May 1, 2013, and no later than May 1 of each year thereafter in which an assessor sends a notice of valuation pursuant to section 39-5-121 (1)(a) that is not included with the tax bill, each assessor shall mail to each residential real property address in the assessor's county notice of the exemption allowed by section 39-3-203 (1). As soon as practicable after January 1, 2014, and as soon as practicable after January 1 of each year thereafter, each county treasurer shall, at the treasurer's discretion, mail or electronically send to each person whose name appears on the tax list and warrant as an owner of residential real property notice of the exemption allowed by section 39-3-203 (1). The treasurer must mail or electronically send the notice in each year on or before the date on which the treasurer mails the property tax statement for the previous property tax year pursuant to section 39-10-103. No later than May 1, 2008, and no later than each May 1 thereafter, each assessor also shall mail to each residential property address in the assessor's county notice of the exemption allowed by section 39-3-203 (1.5). No later than May 1, 2007, the division shall mail to the residential property address of each person residing in the state who the division believes is a qualifying veteran with a disability notice of the exemption allowed by section 39-3-203 (1.5) for the 2007 property tax year. However, the sending of notice to a person by the division does not constitute a determination that the person sent notice is entitled to an exemption. The notice must be in a form prescribed by the administrator, who shall consult with the division before prescribing the form of the notice of the exemption allowed by section 39-3-203 (1.5), and must include a statement of the eligibility criteria for the exemptions, instructions for obtaining an exemption application, and, for applications for exemptions for property tax years commencing on or after January 1, 2024, instructions for obtaining proof of qualifying veteran with a disability status. To reduce mailing costs, an assessor may coordinate with the treasurer of the same county to include notice with the tax statement for the previous property tax year mailed pursuant to section 39-10-103 or may include notice with the notice of valuation mailed pursuant to section 39-5-121 (1)(a).

C.R.S. § 39-3-205 Exemption applications - penalty for providing false information - confidentiality

39-3-205. Exemption applications - penalty for providing false information - confidentiality. (1) (a) To claim the exemption allowed by section 39-3-203 (1), an individual shall file with the assessor a completed exemption application no later than July 15 of the first property tax year for which the exemption is claimed. An application returned by mail shall be deemed filed on the date it is postmarked. (b) To claim the exemption allowed by section 39-3-203 (1.5), an individual shall file with the assessor a completed exemption application and proof of qualifying veteran with a disability status no later than July 1 of the first property tax year for which the exemption is claimed. An application returned by mail shall be deemed filed on the date it is postmarked. An individual who filed an exemption application with the division rather than with the assessor as was required before this subsection (1)(b) was amended by Senate Bill 23-036, enacted in 2023, and who qualified for and received an exemption for a property tax year commencing before January 1, 2024, retains the exemption and is not required to submit a new application or proof of qualifying veteran with a disability status to the assessor. (2) (a) An exemption application shall be a form prescribed by the administrator, who shall consult with the division before prescribing the form of the application for the exemption allowed by section 39-3-203 (1.5), and shall require an applicant to provide the following information: (I) The applicant's name, mailing address, date of birth, and social security number; (II) The address and schedule or parcel number of the residential real property for which an exemption is claimed; (III) The name and social security number of each individual who occupies as his or her primary residence the residential real property for which an exemption is claimed; (IV) If a trust is the owner of record of the residential real property for which an exemption is claimed, the names of the maker of the trust, the trustee, and the beneficiaries of the trust; (V) If a corporate partnership or other legal entity is the owner of record of the residential real property for which an exemption is claimed, the names of the principals of the corporate partnership or other legal entity; (VI) An affirmation, in a form prescribed by the administrator, that the applicant believes, under penalty of perjury in the second degree, as defined in section 18-8-503, C.R.S., that all information provided by the applicant is correct; and (VII) Any other information that the administrator may reasonably require as necessary for the proper and efficient administration of the exemption. (b) The exemption application shall also contain a statement that an applicant, or in the case of residential real property for which the owner of record is a trust, the trustee, has a legal obligation to inform the assessor within sixty days of any change in the ownership or occupancy of residential real property for which an exemption has been applied for or allowed that would prevent an exemption from being allowed for the property. o contain a statement that an applicant, or in the case of residential real property for which the owner of record is a trust, the trustee, has a legal obligation to inform the assessor within sixty days of any change in the ownership or occupancy of residential real property for which an exemption has been applied for or allowed that would prevent an exemption from being allowed for the property. (c) For the exemption allowed by section 39-3-203 (1.5), the exemption application must include proof of qualifying veteran with a disability status. (2.5) Repealed. (3) (a) In addition to any penalties prescribed by law for perjury in the second degree, an applicant who knowingly provides false information on an exemption application or files more than one exemption application in any property tax year: (I) Shall not be entitled to an exemption; (II) Shall be required to pay, to the treasurer of any county in which an exemption was improperly allowed due to the provision by the applicant of false information or the filing by the applicant of more than one exemption application, an amount equal to the amount of property taxes not paid as a result of the exemption being improperly allowed; and (III) Shall, upon conviction of perjury, be required to pay to the treasurer of any county in which an invalid exemption application was filed an additional amount equal to twice the amount of the property taxes that would not have had to be paid had the exemption application been valid plus interest. Interest shall be calculated at the annual rate calculated pursuant to section 39-21-110.5 (2) and (3) from the date the invalid exemption application was filed until the date the applicant makes the payment required by this subparagraph (III). (b) If an applicant or a trustee fails to inform the assessor within sixty days of any change in the ownership or occupancy of residential real property for which an exemption has been applied for or allowed that would prevent an exemption from being allowed for the property as required by paragraph (b) of subsection (2) of this section: (I) An exemption shall not be allowed with respect to the residential real property; and (II) The applicant or trustee shall be required to pay, to the treasurer of any county in which an exemption was improperly allowed due to the applicant's or trustee's failure to immediately inform the assessor of any change in the ownership or occupancy of residential real property, an amount equal to the amount of property taxes not paid as a result of the exemption being improperly allowed plus interest. Interest shall be calculated at the annual rate calculated pursuant to section 39-21-110.5 (2) and (3) from the date on which the change in the ownership or occupancy occurred until the date the applicant makes the payment required by this subparagraph (II). real property, an amount equal to the amount of property taxes not paid as a result of the exemption being improperly allowed plus interest. Interest shall be calculated at the annual rate calculated pursuant to section 39-21-110.5 (2) and (3) from the date on which the change in the ownership or occupancy occurred until the date the applicant makes the payment required by this subparagraph (II). (c) Any amount required to be paid to a treasurer pursuant to paragraph (a) or (b) of this subsection (3) shall be deemed part of the lien of general taxes imposed on the person required to pay the amount and shall have the priority specified in section 39-1-107 (2). (4) (a) Completed exemption applications shall be kept confidential; except that: (I) (A) An assessor may release statistical compilations or informational summaries of any information contained in exemption applications and shall provide a copy of an exemption application to the applicant who returned the application, the treasurer of the same county as the assessor, the administrator, the state treasurer, or the state auditor upon request or as otherwise required by this part 2. (B) An assessor may introduce a copy of an exemption application as evidence in any administrative hearing or legal proceeding in which the accuracy or veracity of the exemption application is at issue so long as neither the applicant's social security number nor any other social security number set forth in the application are divulged. (II) A treasurer, the administrator, the state treasurer, or the state auditor shall keep confidential each individual exemption application that it may receive from an assessor but may release statistical compilations or informational summaries of any information contained in exemption applications and may introduce a copy of an exemption application as evidence in any administrative hearing or legal proceeding in which the accuracy or veracity of the exemption application is at issue so long as neither the applicant's social security number nor any other social security number set forth in the application are divulged. (III) The administrator may share information contained in an exemption application, including any social security number set forth in the application, with the department of revenue to the extent necessary to enable the administrator to verify that the applicant satisfies legal requirements for claiming the exemption. (b) Notwithstanding the provisions of paragraph (a) of this subsection (4), an assessor, the division, a treasurer, the administrator, the state treasurer, or the state auditor shall not give any other person any listing of individuals who have applied for an exemption or any other information that would enable a person to easily assemble a mailing list of individuals who have applied for an exemption.

C.R.S. § 39-3-206 Notice to individuals returning incomplete or nonqualifying exemption applications - denial of exemption - administrative remedies

39-3-206. Notice to individuals returning incomplete or nonqualifying exemption applications - denial of exemption - administrative remedies. (1) (a) Except as otherwise provided in paragraph (a.5) of subsection (2) of this section, an assessor shall only grant the exemption allowed to qualifying seniors under section 39-3-203 (1) to an applicant who has timely returned an exemption application in accordance with section 39-3-205 (1)(a) that establishes that the applicant is entitled to the exemption. (b) If the information provided on or with an application for the exemption allowed to qualifying seniors under section 39-3-203 (1) indicates that the applicant is not entitled to the exemption, or is insufficient to allow the assessor to determine whether or not the applicant is entitled to the exemption, the assessor shall deny the application and mail to the applicant a statement providing the reasons for the denial and informing the applicant of the applicant's right to contest the denial pursuant to subsection (2) of this section. The assessor shall mail the statement no later than August 1 of the property tax year for which the exemption application was filed. (1.5) (a) Except as otherwise provided in subsection (2)(a.7) of this section, the assessor shall only accept an application for the exemption allowed to qualifying veterans with a disability under section 39-3-203 (1.5) if the applicant timely returned the exemption application in accordance with section 39-3-205 (1)(b), and an assessor shall only grant the exemption if the applicant submits proof of qualifying veteran with a disability status as required by section 39-3-205 and the exemption application establishes that the applicant meets the other requirements to be entitled to the exemption. (b) If the information provided on or with an application for the exemption allowed to qualifying veterans with a disability under section 39-3-203 (1.5) indicates that the applicant is not entitled to the exemption, or is insufficient to allow the assessor to determine whether or not the applicant is entitled to the exemption, the assessor shall deny the application and mail to the applicant a statement providing the reasons for the denial and informing the applicant of the applicant's right to contest the denial pursuant to subsection (2) of this section. The assessor shall mail the statement no later than August 1 of the property tax year for which the exemption application was filed. (2) (a) An applicant whose exemption application has been denied pursuant to subsection (1)(b) or (1.5)(b) of this section may contest the denial by requesting a hearing before the county commissioners sitting as the county board of equalization no later than August 15 of the property tax year for which the exemption application was filed. The hearing shall be held on or after August 1 and no later than September 1 of the property tax year for which the exemption application was filed, and the decision of the county board of equalization is not subject to further administrative appeal by either the applicant or the assessor. (a.5) An individual who wishes to claim the exemption for qualifying seniors allowed by section 39-3-203 (1), but who has not timely filed an exemption application with the assessor by July 15, may file a late exemption application no later than the August 15 that immediately follows that deadline. The assessor shall accept any such application but may not accept any late application filed after August 15. The assessor shall grant an exemption if an accepted late application establishes that the applicant is entitled to the exemption. A decision of an assessor to disallow the filing of a late application after August 15 or to grant or deny an exemption to an applicant who has filed a late application after July 15 but no later than August 15 is final, and an applicant who is denied late filing or an exemption may not contest the denial. if an accepted late application establishes that the applicant is entitled to the exemption. A decision of an assessor to disallow the filing of a late application after August 15 or to grant or deny an exemption to an applicant who has filed a late application after July 15 but no later than August 15 is final, and an applicant who is denied late filing or an exemption may not contest the denial. (a.7) An individual who wishes to claim the exemption for qualifying veterans with a disability allowed by section 39-3-203 (1.5), but who has not timely filed an exemption application, may request that the assessor waive the application deadline and allow the individual to file a late exemption application no later than the August 1 that immediately follows the original application deadline. The assessor may accept an application if, in the assessor's sole discretion, the applicant shows good cause for not timely filing an application. If the assessor accepts a late application, the assessor shall determine whether the application should be granted or denied pursuant to subsection (1.5) of this section and shall mail notice of its determination to the applicant no later than the August 25 that immediately follows the late application deadline. A decision of the assessor to allow or disallow the filing of a late application or of an assessor to grant or deny an exemption to an applicant who has filed a late application is final, and an applicant who is denied late filing or an exemption may not contest the denial. (b) The county board of equalization may appoint independent referees to conduct hearings requested pursuant to paragraph (a) of this subsection (2) on behalf of the county board and to make findings and submit recommendations to the county board for its final action.

C.R.S. § 39-3-207 Reporting of exemptions - reimbursement to local governmental entities - repeal

39-3-207. Reporting of exemptions - reimbursement to local governmental entities - repeal. (1) No later than October 10, 2002, and no later than each October 10 thereafter through October 10, 2016, and no later than September 10, 2017, and no later than each September 10 thereafter, each assessor shall forward to the administrator a report on the exemptions allowed in his or her county for the current property tax year. The report shall include: (a) A statement of the total amount of actual value of residential real property within the county that is exempted from taxation; (b) With respect to each unit of residential real property for which an exemption is allowed: (I) The legal description of the property; (II) The schedule or parcel number for the property; (III) The name and social security number of the applicant who claimed an exemption for the property and each additional person who occupies the property; and (IV) A statement of the taxable and tax exempt value of the property; and (c) For reports issued for the 2007 property tax year and for each subsequent property tax year, separate identification, in such form as the administrator may require, of the units of residential real property within the county exempted from taxation under section 39-3-203 (1.5) and of the total amount of actual value of the property so exempted. (2) (a) (I) The administrator shall examine the reports sent by each assessor pursuant to subsection (1) of this section to ensure that no applicant has claimed an exemption without meeting all legal requirements for claiming the exemption. No later than November 1, 2002, and no later than each November 1 thereafter, if the administrator determines that an applicant has claimed more than one exemption, the administrator shall provide written notice to the applicant that the applicant has claimed more than one exemption and is therefore not entitled to any exemption. No later than November 1, 2016, and no later than each November 1 thereafter, if the administrator determines that the applicant and the applicant's spouse have claimed separate exemptions in violation of section 39-3-203 (5), that the applicant has claimed an exemption for residential real property that the applicant does not own and occupy as the applicant's primary residence as required by section 39-3-203 (1), or that the applicant is otherwise ineligible to claim an exemption, the administrator shall provide written notice to the applicant that the applicant is ineligible for the exemption and specify the reasons for the determination of ineligibility. The notice shall also include a statement specifying the deadline and procedures for protesting the denial of the exemption or exemptions claimed. (II) An applicant whose claims for exemption are denied by the administrator pursuant to subparagraph (I) of this paragraph (a) may file a written protest with the administrator no later than November 15 of the year in which the exemption or exemptions were denied. If the ground for the denial is that the applicant, or the applicant and the applicant's spouse, claimed multiple exemptions, the sole ground for a protest is that the applicant, or the applicant and the applicant's spouse, filed only one claim for an exemption and the protest shall specify property or properties identified by the administrator in the notice denying exemptions for which no exemption was claimed. The administrator shall request that any appropriate assessor check the assessor's records of exemption applications to determine whether the applicant filed a disputed exemption application and shall decide the protest accordingly. If the ground for the denial is that the applicant is not an owner-occupier of the residential real property for which an exemption is claimed, the sole grounds for a protest are that the applicant actually is an owner-occupier or that the applicant qualifies for an exemption for the property under section 39-3-203 (6) iled a disputed exemption application and shall decide the protest accordingly. If the ground for the denial is that the applicant is not an owner-occupier of the residential real property for which an exemption is claimed, the sole grounds for a protest are that the applicant actually is an owner-occupier or that the applicant qualifies for an exemption for the property under section 39-3-203 (6). If a protest is denied, the administrator shall mail the applicant a written statement of the basis for the denial and a copy of each exemption application filed with an assessor that the applicant claimed had not been filed. (b) No later than December 1, 2002, and no later than each December 1 thereafter, and after examining the reports sent by each assessor, denying claims for exemptions, and deciding protests in accordance with subsection (2)(a) of this section, the administrator shall provide written notice to the assessor of each county in which an exemption application has been denied because the applicant filed multiple exemption applications with the identity of the applicant who filed multiple exemption applications and the denial of the exemption. No later than December 1, 2016, and no later than each December 1 thereafter, and after examining the reports sent by each assessor, denying claims for exemptions, and deciding protests in accordance with subsection (2)(a) of this section, the administrator shall also provide written notice to the assessor of each county in which an exemption application has been denied for any other reason with the identity of the applicant and the denial of the exemption, specifying the reason for the denial. No later than January 10, 2017, and no later than each January 10 thereafter; except that, for 2024, no later than January 24, each assessor shall forward to the administrator a partial copy of the tax warrant for the assessor's county that includes only property for which the assessor has granted an exemption. The administrator shall examine the tax warrants to ensure that no additional exemptions have been allowed since the administrator examined the reports previously received from the assessors and that each assessor has removed from the tax warrant all exemptions that the administrator previously denied. No later than January 17, 2017, and no later than each January 17 thereafter; except that, for 2024, no later than January 31, the administrator shall notify each assessor and each treasurer of any exemptions to be removed from the tax warrant. (3) No later than April 1, 2003, and no later than each April 1 thereafter through April 1, 2016, to enable the state treasurer to issue a reimbursement warrant to each treasurer in accordance with subsection (4) of this section, each treasurer shall forward to the state treasurer a report on the exemptions allowed in his or her county for the previous property tax year. No later than March 1, 2017, and no later than March 1 of each year thereafter, each treasurer shall forward the report to the administrator, who shall cross-check it as specified in subsection (3.5) of this section before correcting it, if necessary, and forwarding it to the state treasurer to enable the state treasurer to issue a reimbursement warrant to each treasurer in accordance with subsection (4) of this section. The report shall include: (a) A statement of the total amount of actual value of residential real property within the county that was exempted from taxation and the total amount of property tax revenues lost by local governmental entities within the county as a result of the exemption that must be reimbursed by the state; arrant to each treasurer in accordance with subsection (4) of this section. The report shall include: (a) A statement of the total amount of actual value of residential real property within the county that was exempted from taxation and the total amount of property tax revenues lost by local governmental entities within the county as a result of the exemption that must be reimbursed by the state; (b) With respect to each unit of residential real property for which an exemption was allowed: (I) The legal description of the property; (II) The schedule or parcel number for the property; (III) The name of the applicant who claimed an exemption for the property and each additional person who occupies the property; and (IV) A statement of the taxable and tax exempt value of the property and the amount of taxes due on the property; and (c) For reports issued for the 2007 property tax year and for each subsequent property tax year, separate identification, in such form as the administrator may require, of the units of residential real property within the county exempted from taxation under section 39-3-203 (1.5), the total amount of actual value of the property so exempted, and the total amount of property tax revenues lost by local government entities within the county as a result of the exemption. (3.5) After receiving reports from each treasurer pursuant to subsection (3) of this section, the administrator shall cross-check the reports to identify any exemption allowed in a county that must be denied due to a failure of the individual allowed the exemption to satisfy all legal requirements for claiming the exemption. The administrator shall remove any exemption that must be denied from the report in which it appears and shall forward all reports to the state treasurer no later than the April 1 immediately following the receipt of the reports by the administrator. In addition, if the administrator identifies any exemption improperly allowed for a prior property tax year commencing on or after January 1, 2016, for which the state treasurer reimbursed a treasurer pursuant to subsection (4) of this section or identifies any exemption properly allowed for such a prior property tax year for which the state treasurer did not reimburse a treasurer, the administrator shall advise the state treasurer to adjust the current year reimbursement to the treasurer to correct the error. No later than that April 1, the administrator shall also notify the treasurer and assessor of each county of the exemptions removed from the report for the county and any resulting and other adjustments to the amount of current year reimbursement to be paid by the state treasurer to the treasurer. (3.7) In accordance with section 25-2-103 (4.5), C.R.S., the administrator shall annually provide to the state registrar of vital statistics of the department of public health and environment a list, by name and social security number, of every individual who received an exemption for the immediately preceding year so that the registrar can provide to the administrator a list of all such individuals who have died. No later than April 1, 2017, and no later than each April 1 thereafter, the administrator shall forward to the assessor of each county, the name and social security number of each deceased individual who received an exemption for the immediately preceding year for residential real property located within the county so that the assessor can terminate the exemption for the property. s who have died. No later than April 1, 2017, and no later than each April 1 thereafter, the administrator shall forward to the assessor of each county, the name and social security number of each deceased individual who received an exemption for the immediately preceding year for residential real property located within the county so that the assessor can terminate the exemption for the property. (4) (a) (I) In accordance with section 3.5 of article X of the state constitution, no later than April 15, 2003, and no later than each April 15 thereafter, the state treasurer shall issue a warrant to each treasurer for the amount needed to fully reimburse all local governmental entities within the treasurer's county for the amount of property tax revenues lost as a result of the application of the exemption to property taxes that accrued during the previous property tax year and are payable during the year in which the state treasurer issues the warrant. The reimbursement shall be paid from the state general fund and shall not be subject to the statutory limitation on state general fund appropriations set forth in section 24-75-201.1, C.R.S. (II) As used in this paragraph (a), with respect to exemptions allowed for property tax years commencing on or after January 1, 2016, "property tax revenues lost as a result of the application of the exemption" includes only those revenues lost as a result of exemptions properly allowed in accordance with the requirements of this part 2 and does not include any revenues lost as a result of an exemption being erroneously allowed. (b) Each treasurer shall distribute the total amount received from the state treasurer pursuant to paragraph (a) of this subsection (4) to the local governmental entities within the treasurer's county as if the lost tax revenues had been regularly paid. When a treasurer distributes said amount, the treasurer shall provide each local governmental entity with a statement of the amount distributed to the local governmental entity that represents reimbursement received from the state for property tax revenues lost as a result of the exemption. In accordance with section 3.5 of article X of the state constitution, moneys distributed to a local governmental entity as reimbursement for property tax revenues lost as a result of the exemption shall not be included in the local governmental entity's fiscal year spending for purposes of section 20 of article X of the state constitution. (4.5) In accordance with subsection (3.5) of this section, for any property tax year commencing on or after January 1, 2016, the state treasurer shall not reimburse a treasurer for property tax revenues lost as a result of an exemption erroneously allowed in the treasurer's county. If, pursuant to subsection (3.5) of this section, the administrator advises the state treasurer that the state treasurer has provided either too much or too little reimbursement to a treasurer for exemptions allowed in the treasurer's county for any prior property tax year commencing on or after January 1, 2016, the state treasurer shall adjust the reimbursement for the current property tax year as directed by the administrator in order to correct the error. (5) Notwithstanding any provision of law to the contrary, the reports required by this section and the contents thereof shall be kept confidential by an assessor, a treasurer, the administrator, the state treasurer, or the state auditor; except that said persons may provide the reports to each other as required or authorized by law. (6) and (7) Repealed. (8) (a) On or before December 1, 2024, the administrator shall provide a report to the department of revenue with the names and social security numbers of all applicants eligible for the exemption for the property tax year commencing on January 1, 2024, based on the administrator's examination under subsection (2) of this section of the reports received in accordance with subsection (1) of this section. ) On or before December 1, 2024, the administrator shall provide a report to the department of revenue with the names and social security numbers of all applicants eligible for the exemption for the property tax year commencing on January 1, 2024, based on the administrator's examination under subsection (2) of this section of the reports received in accordance with subsection (1) of this section. (b) On or before April 1, 2025, the administrator shall provide a report to the department of revenue with the names and social security numbers of all taxpayers entitled to the exemption for the property tax year commencing on January 1, 2024, based on the administrator's examination under subsection (3.5) of this section of the reports received in accordance with subsection (3) of this section. (c) This subsection (8) is repealed, effective July 1, 2025.

C.R.S. § 39-3-208 Auditing of property tax exemption program

39-3-208. Auditing of property tax exemption program. The state auditor shall periodically audit the property tax exemption program administered pursuant to this part 2 to ensure that the program is operating in compliance with section 3.5 of article X of the state constitution and this part 2. In connection with an audit, the state auditor may suggest means of improving the administration of the program. Upon request, an assessor, a treasurer, the administrator, or the state treasurer shall provide the state auditor with any exemption applications, reports, or other documents relevant to the administration of the program.

C.R.S. § 39-3-209 State expenditure for property tax exemptions - mechanism for refunding of excess state revenue - legislative declaration

39-3-209. State expenditure for property tax exemptions - mechanism for refunding of excess state revenue - legislative declaration. (1) The general assembly hereby finds and declares that: (a) Although the exemptions allowed by this part 2 are exemptions from local government property taxes, the state must reimburse local governments for the net amount of property tax revenues lost as a result of the exemptions and therefore bears the full cost of the exemptions; (b) Section 3.5 of article X of the state constitution authorizes the general assembly to raise or lower the maximum amount of actual value of residential real property of which fifty percent is exempt pursuant to this part 2; (c) In order to eliminate the cost of the exemption and fund other state needs, the general assembly, as authorized by section 3.5 of article X of the state constitution, has at times temporarily suspended the exemption for qualifying seniors allowed by this part 2 by lowering to zero the maximum amount of actual value of residential real property of which fifty percent is exempt; (d) The general assembly intends to allow seniors to rely on predictable and sustainable exemptions by fully funding the property tax exemption for qualifying seniors in the future, and it is more likely to be able to do so if the cost of the exemption, which exclusively benefits taxpayers who reside in Colorado, constitutes a refund of excess state revenues for state fiscal years for which such refunds are required; and (e) Section 20 of article X of the state constitution authorizes the state to use any reasonable method to make required refunds of excess state revenues, and the payment by the state of reimbursement to local governments for the net amount of property tax revenues lost as a result of the property tax exemptions allowed by this part 2, which exemptions directly reduce the tax liability of taxpaying Colorado residents throughout the state, is a reasonable method of making such refunds. (2) For any state fiscal year commencing on or after July 1, 2017, for which state revenues, as defined in section 24-77-103.6 (6)(c), exceed the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(C) or (6)(b)(I)(D), and are required to be refunded in accordance with section 20 of article X of the state constitution, the lesser of all reimbursement paid by the state treasurer to each treasurer as required by section 39-3-207 (4) for the property tax year that commenced during the state fiscal year or an amount of such reimbursement equal to the amount of excess state revenues for the state fiscal year that are required to be refunded is a refund of such excess state revenues.

C.R.S. § 39-3-210 Reporting of property tax revenue reductions - reimbursement of local governmental entities - definitions - local government backfill cash fund - creation - repeal

39-3-210. Reporting of property tax revenue reductions - reimbursement of local governmental entities - definitions - local government backfill cash fund - creation - repeal. (1) As used in this section, unless the context otherwise requires: (a) "Additional state revenues" means the lesser of two hundred forty million dollars or the total amount of the state revenues in excess of the limitation on state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution that the state is required to refund under section 20 (7)(d) of article X of the state constitution, including any amount specified in section 24-77-103.8, that exceeds the amounts projected to be refunded as required by sections 39-3-209 and 39-22-627 for the state fiscal year commencing on July 1, 2022. (a.2) "Ambulance district" means a special district that provides emergency medical services and the transportation of sick, disabled, or injured persons by motor vehicle, aircraft, or other form of transportation to and from facilities providing medical services. As used in this subsection (1)(a.2), "emergency medical services" means services engaged in providing initial emergency medical assistance, including the treatment of trauma and burns and respiratory, circulatory, and obstetrical emergencies. (a.3) "County" includes a city and county. (b) "Fire district" means any special district that has the sole responsibility of providing fire protection services. (c) "Health service district" means a special district that may establish, maintain, or operate, directly or indirectly through lease to or from other parties or other arrangement, public hospitals, convalescent centers, nursing care facilities, intermediate care facilities, emergency facilities, community clinics, or other facilities licensed or certified pursuant to section 25-1.5-103 (1)(a) providing health and personal care services and may organize, own, operate, control, direct, manage, contract for, or furnish ambulance service. (d) "Library district" means a public library established as its own taxing authority by one or more governmental units or parts thereof. A library district is a political subdivision of the state. (d.5) "Local governmental entity" means a governmental entity authorized by law to impose ad valorem taxes on taxable property located within its territorial limits; except that the term excludes school districts. (e) "Municipality" means a home rule or statutory city, town, or territorial charter city. (f) "Sanitation district" means a special district that provides for storm or sanitary sewers, or both, flood and surface drainage, treatment and disposal works and facilities, or solid waste disposal facilities or waste services, and all necessary or proper equipment and appurtenances incident thereto. (f.5) "Total property tax revenue reduction" means the amount that an assessor calculates for a local governmental entity pursuant to subsection (2)(c) of this section. or sanitary sewers, or both, flood and surface drainage, treatment and disposal works and facilities, or solid waste disposal facilities or waste services, and all necessary or proper equipment and appurtenances incident thereto. (f.5) "Total property tax revenue reduction" means the amount that an assessor calculates for a local governmental entity pursuant to subsection (2)(c) of this section. (g) "Water district" means a special district that supplies water for domestic and other public and private purposes by any available means and provides all necessary or proper reservoirs, treatment works and facilities, equipment, and appurtenances incident thereto. (2) (a) For the property tax year commencing on January 1, 2023, for counties with a population of three hundred thousand or less as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs: (I) Each assessor shall calculate the total property tax revenues lost by each local governmental entity, excluding school districts, within the assessor's county as a result of the changes made in Senate Bill 22-238, enacted in 2022, exclusive of any changes made in Senate Bill 23B-001, enacted in 2023, that reduced valuations for assessment; and (II) Each assessor shall calculate the difference in assessed value of real property for the property tax year commencing on January 1, 2022, and the property tax year commencing on January 1, 2023 within the assessor's county. (b) For the property tax year commencing on January 1, 2023, for counties with a population greater than three hundred thousand as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs: (I) (A) Each assessor shall calculate, for each municipality, fire district, health service district, water district, sanitation district, and library district, the aggregate reduction of local government property tax revenue during the property tax year commencing on January 1, 2023, as a result of the changes made in Senate Bill 22-238, enacted in 2022, exclusive of any changes made in Senate Bill 23B-001, enacted in 2023, that reduced valuations for assessment; (B) Each assessor shall calculate, for each local governmental entity in the assessor's county besides ambulance districts, fire districts, and health districts, the difference in assessed value of real property for the property tax year commencing on January 1, 2022, and the property tax year commencing on January 1, 2023, within the assessor's county; and (II) Each assessor shall calculate, for all local governmental entities besides municipalities, fire districts, health service districts, water districts, sanitation districts, school districts, and library districts, the aggregate reduction of local government property tax revenue during the property tax year commencing on January 1, 2023, as a result of the changes made in Senate Bill 22-238, enacted in 2022, exclusive of any changes made in Senate Bill 23B-001, enacted in 2023, that reduced valuations for assessment. (c) For the property tax year commencing on January 1, 2023, each assessor shall calculate the total property tax revenue reduction for each local governmental entity within the assessor's county as a result of the cumulative temporary reductions in valuation for assessment made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022. essment. (c) For the property tax year commencing on January 1, 2023, each assessor shall calculate the total property tax revenue reduction for each local governmental entity within the assessor's county as a result of the cumulative temporary reductions in valuation for assessment made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022. (d) When calculating the amounts in this subsection (2) for a local governmental entity for the property tax year commencing on January 1, 2023, as required by this section, an assessor shall use the local governmental entity's mill levy for the property tax year commencing on January 1, 2022, excluding any mills levied to provide for the payment of bonds and interest thereon or for the payment of any other contractual obligation that has been approved by a majority of the local governmental entity's voters voting thereon. (e) For purposes of this section, a local governmental entity within a county includes the county itself. (2.5) (a) On or before September 15, 2023, each treasurer shall report the following estimates to the administrator for all local governmental entities within the treasurer's county: (I) The total property tax revenue reduction for the property tax year commencing on January 1, 2023, that is based on the: (A) Temporary reductions in the valuation for assessment made in Senate Bill 22-238, enacted in 2022; and (B) Cumulative temporary reductions in the valuation for assessment made in Senate Bill 22-238, enacted in 2022, and Senate Bill 23-303, if a majority of voters approve the ballot issue referred in accordance with section 24-77-202; and (II) The increase in assessed value from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023, that is based on the: (A) Temporary reductions in the valuation for assessment made in Senate Bill 22-238, enacted in 2022; and (B) Cumulative temporary reductions in the valuation for assessment made in Senate Bill 22-238, enacted in 2022, and Senate Bill 23-303, if a majority of voters approve the ballot issue referred in accordance with section 24-77-202. (b) The administrator shall provide the estimates received in accordance with subsection (2.5)(a) of this section to the department of revenue and legislative council staff. (3) No later than March 1, 2024, each assessor shall report the amounts specified in subsection (2) of this section, as applicable, and the basis for the amounts to the administrator, and the administrator may require an assessor to provide additional information as necessary to evaluate the accuracy of the amounts reported. The administrator shall confirm that the reported amounts are correct or rectify the amounts, if necessary. The administrator shall then forward the correct amounts for each county to the state treasurer to enable the state treasurer to issue a reimbursement warrant to each treasurer in accordance with subsection (4) of this section. n as necessary to evaluate the accuracy of the amounts reported. The administrator shall confirm that the reported amounts are correct or rectify the amounts, if necessary. The administrator shall then forward the correct amounts for each county to the state treasurer to enable the state treasurer to issue a reimbursement warrant to each treasurer in accordance with subsection (4) of this section. (4) (a) No later than April 15, 2024, the state treasurer shall issue a warrant, to be paid upon demand from additional state revenues for the state fiscal year commencing on July 1, 2022, and, if necessary, from other money in the general fund, to each treasurer that is equal to the total of: (I) The amount specified by the administrator under subsection (3) of this section, based on the amount reported by each assessor under subsection (2)(a)(I) of this section, for each county that both: (A) Had an increase of less than ten percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023; and (B) Has a population of three hundred thousand or fewer, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs; (II) Ninety percent of the amount specified by the administrator under subsection (3) of this section, based on the amount reported by each assessor under subsection (2)(a)(I) of this section, for each county that both: (A) Had an increase of ten percent or more in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023; and (B) Has a population of three hundred thousand or fewer, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs; (III) Sixty-five percent of the amount specified by the administrator under subsection (3) of this section, based on the amount reported by each assessor under subsection (2)(b)(II) of this section, for any county not described in subsections (4)(a)(I) and (4)(a)(II) of this section; (IV) Ninety percent of the amount specified by the administrator under subsection (3) of this section, based on the amount reported by each assessor under subsection (2)(b)(I)(A) of this section for each municipality, fire district, health service district, water district, sanitation district, and library district that had an increase of ten percent or more in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023; and (V) The entire amount specified by the administrator under subsection (3) of this section, based on the amount reported by each assessor under subsection (2)(b)(I)(A) of this section for each municipality, fire district, health service district, water district, sanitation district, and library district that had an increase of less than ten percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023. (a.5) No later than April 15, 2024, the state treasurer shall issue a warrant, to be paid upon demand in an amount of up to fifty-four million dollars in the aggregate from the general fund to each treasurer that is equal to the total of: (I) For counties with a population of three hundred thousand or less, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs: e paid upon demand in an amount of up to fifty-four million dollars in the aggregate from the general fund to each treasurer that is equal to the total of: (I) For counties with a population of three hundred thousand or less, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs: (A) The entire amount of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each local governmental entity, excluding ambulance districts, health districts, and fire districts, within a county that had an increase of less than ten percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023; (B) Ninety percent of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each local governmental entity, excluding ambulance districts, health districts, and fire districts, within a county that had an increase of ten percent or more, but less than fifteen percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023; (C) The entire amount of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each ambulance district, health district, and fire district; and (D) For the relevant local governmental entities, the amount determined by the property tax administrator and the executive director of the department of local affairs pursuant to subsection (4)(a.5)(III)(B) of this section; (II) For counties with a population of greater than three hundred thousand, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs: (A) The entire amount of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each library district, sanitation district, water district, or municipality that had an increase of less than ten percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023; (B) Ninety percent of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each library district, sanitation district, water district, or municipality that had an increase of ten percent or more, but less than fifteen percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023; (C) Sixty-five percent of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for all local governmental entities besides an ambulance district, fire district, health district, library district, sanitation district, water district, or municipality that had an increase of less than fifteen percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023; ll 22-238, enacted in 2022, for all local governmental entities besides an ambulance district, fire district, health district, library district, sanitation district, water district, or municipality that had an increase of less than fifteen percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023; (D) The entire amount of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each ambulance district, health district, and fire district; and (E) For the relevant local governmental entities, the amount determined by the property tax administrator and the executive director of the department of local affairs pursuant to subsection (4)(a.5)(III)(B) of this section; and (III) Before April 15, 2024, the property tax administrator and the executive director of the department of local affairs shall jointly, for the property tax year commencing on January 1, 2023: (A) Create a list of local governmental entities that provide fire protection services and the amount those local governmental entities spend to provide fire protection services; and (B) Determine an amount of reimbursement of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each local governmental entity that provides fire protection services that is equitable with the amount of reimbursement that a fire district will receive pursuant to subsections (4)(a.5)(I)(C) and (4)(a.5)(II)(D) of this section and does not result in the local governmental entity being reimbursed for more than the entire amount of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022. (b) Each treasurer shall distribute the total amount received from the state treasurer to the local governmental entities, excluding school districts, within the treasurer's county as if the revenues had been regularly paid as property tax, but so that the local governmental entities only receive the amounts determined pursuant to subsections (4)(a) and (4)(a.5) of this section. (c) When distributing the money, the treasurer shall provide each local governmental entity with a statement of the amount distributed to the local governmental entity that represents the reimbursement received under this subsection (4). (d) The use of additional state revenues pursuant to subsection (4)(a) of this section is a reasonable method of refunding a portion of the excess state revenues required to be refunded in accordance with section 20 (7)(d) of article X of the state constitution. (e) Repealed. (f) If the total of all reimbursements issued statewide pursuant to subsection (4)(a.5) of this section would otherwise exceed fifty-four million dollars, the state treasurer shall first issue the reimbursements described in subsections (4)(a.5)(I)(C), (4)(a.5)(I)(D), (4)(a.5)(II)(D), and (4)(a.5)(II)(E) of this section, second issue the reimbursement to local governmental entities that had no increase in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023, and then third proportionally reduce the reimbursement amounts described in subsections (4)(a.5)(I)(A), (4)(a.5)(I)(B), (4)(a.5)(II)(A), (4)(a.5)(II)(B), and (4)(a.5)(II)(C) of this section, so that the total of all reimbursement statewide equals fifty-four million dollars. al property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023, and then third proportionally reduce the reimbursement amounts described in subsections (4)(a.5)(I)(A), (4)(a.5)(I)(B), (4)(a.5)(II)(A), (4)(a.5)(II)(B), and (4)(a.5)(II)(C) of this section, so that the total of all reimbursement statewide equals fifty-four million dollars. (g) If a local governmental entity is located in more than one county, then the part located in each county is treated like any other local governmental entity located within the county for the purpose of determining the reimbursement amount under subsections (4)(a) and (4)(a.5) of this section. (5) On or before March 21, 2024, based on the information available as of that date, the property tax administrator shall submit a report to the general assembly describing the aggregate reduction of local government property tax revenue, as well as school district property tax revenue, during the property tax year commencing on January 1, 2023, as a result of the changes made in Senate Bill 22-238, enacted in 2022, and the changes made in Senate Bill 23B-001, enacted in 2023, that reduced valuations for assessment. (6) This section is repealed, effective July 1, 2025. (7) In order to insulate school districts for the total property tax revenue reduction and increased state share of the districts' total program as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, on July 1, 2024, the state treasurer shall transfer one hundred forty-six million dollars to the state education fund created in section 17 (4) of article IX of the state constitution.

C.R.S. § 39-3-211 Reporting of assessed value reductions - reimbursement of local governmental entities - local governmental entity backfill cash fund - creation - legislative declaration - definitions - repeal

39-3-211. Reporting of assessed value reductions - reimbursement of local governmental entities - local governmental entity backfill cash fund - creation - legislative declaration - definitions - repeal. (1) The general assembly finds and declares that: (a) Most school districts rely on a combination of state and local sources of revenue to pay for total program funding; (b) State revenue makes up the difference between the full amount of a school district's total program funding and the amount of a school district's total program funding that the school district pays for with its property tax revenue; (c) The amount of state revenue necessary to make up the difference between the full amount of a school district's total program funding and the amount of a school district's total program funding that the school district pays for with its property tax revenue is annually determined by the general assembly in the annual public school finance act; (d) Therefore, it is the general assembly's expectation and intent that, although school district property tax revenue is reduced by Senate Bill 24-233, the general assembly will increase the amount of state revenue that it annually distributes to school districts in order to maintain or increase school district total program funding; (e) The general assembly will reimburse local governmental entities that rely on property tax revenue other than school districts, at least in part, through the reimbursement described in this section; and (f) It is the intent of the general assembly to review both the impact of the property tax revenue reductions in Senate Bill 24-233 and the reimbursement described in this section on local governmental entities to ensure that local governmental entities can maintain the current level of critical services they provide. (2) As used in this section, unless the context otherwise requires: (a) "County" includes a city and county. (b) "Fund" means the local governmental entity backfill cash fund created in subsection (7)(a) of this section. (c) "Local governmental entity" means a governmental entity authorized by law to impose ad valorem taxes on taxable property located within its territorial limits; except that the term excludes school districts. (3) For the property tax year commencing on January 1, 2024, each assessor shall: (a) Calculate the decrease, if any, in the total assessed value of real property for each local governmental entity within the assessor's county between the property tax year commencing on January 1, 2022, and the property tax year commencing on January 1, 2024; and (b) Determine each local governmental entity's mill levy for the property tax year commencing on January 1, 2022, excluding any mills levied to provide for the payment of bonds and interest thereon or for the payment of any other contractual obligation that has been approved by a majority of the local governmental entity's voters voting thereon. (3.5) For the property tax year commencing on January 1, 2025, each assessor shall: (a) Calculate the decrease, if any, in the total assessed value of real property for each local governmental entity within the assessor's county between the property tax year commencing on January 1, 2024, and the property tax year commencing on January 1, 2025, as a result of House Bill 24B-1001; and ng thereon. (3.5) For the property tax year commencing on January 1, 2025, each assessor shall: (a) Calculate the decrease, if any, in the total assessed value of real property for each local governmental entity within the assessor's county between the property tax year commencing on January 1, 2024, and the property tax year commencing on January 1, 2025, as a result of House Bill 24B-1001; and (b) Determine each local governmental entity's mill levy for the property tax year commencing on January 1, 2024, excluding any mills levied to provide for the payment of bonds and interest thereon or for the payment of any other contractual obligation that has been approved by a majority of the local governmental entity's voters voting thereon. (4) No later than March 1, 2025, an assessor shall report the amounts calculated pursuant to subsection (3)(a) of this section, as applicable, the basis for the amounts, and the mill levies determined pursuant to subsection (3)(b) of this section to the administrator. No later than March 1, 2026, an assessor shall report the amounts calculated pursuant to subsection (3.5)(a) of this section, as applicable, the basis for the amounts, and the mill levies determined pursuant to subsection (3.5)(b) of this section to the administrator. The administrator may require an assessor to provide additional information as necessary to evaluate the accuracy of the amounts reported. The administrator shall confirm that the reported amounts are correct or rectify the amounts if necessary. The administrator shall then forward the correct amounts for a county to the state treasurer to enable the state treasurer to issue a reimbursement warrant to a treasurer in accordance with subsection (5) of this section. (5) (a) No later than April 15, 2025, the state treasurer shall issue a warrant, to be paid upon demand from the fund, to each treasurer that is equal to the total reimbursement amounts set forth in subsection (6) of this section for all local governmental entities within the treasurer's county. (a.5) No later than April 15, 2026, the state treasurer shall issue a warrant, to be paid upon demand from the fund, to each treasurer that is equal to the total reimbursement amounts set forth in subsection (6.5) of this section for all local governmental entities within the treasurer's county. (b) Each treasurer shall distribute the total amount received from the state treasurer to the local governmental entities, excluding school districts, within the treasurer's county as if the amount had been regularly paid as property tax so that the local governmental entities receive the amounts determined pursuant to subsections (6) and (6.5) of this section. If the total amount received from the state treasurer is reduced pursuant to subsections (6)(b) and (6.5)(b) of this section, each treasurer shall proportionally reduce the amount distributed to each local governmental entity. When distributing the total amount received from the state treasurer, each treasurer shall provide each local governmental entity with a statement of the amount distributed to the local governmental entity that represents the reimbursement received under subsections (6) and (6.5)(b) of this section. (6) (a) For each local governmental entity that had a decrease in total assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2024, the amount of reimbursement is an amount equal to that decrease in total assessed value multiplied by the local governmental entity's mill levy for the property tax year commencing on January 1, 2022, excluding any mills levied to provide for the payment of bonds and interest thereon or for the payment of any other contractual obligation that has been approved by a majority of the local governmental entity's voters voting thereon. amount equal to that decrease in total assessed value multiplied by the local governmental entity's mill levy for the property tax year commencing on January 1, 2022, excluding any mills levied to provide for the payment of bonds and interest thereon or for the payment of any other contractual obligation that has been approved by a majority of the local governmental entity's voters voting thereon. (b) Notwithstanding subsection (6)(a) of this section, if there is insufficient money in the fund for the state treasurer to issue warrants pursuant to subsection (5)(a) of this section in the amounts determined pursuant to subsection (6)(a) of this section, the amounts of the warrants issued by the state treasurer must be proportionally reduced. (c) The reimbursement amounts set forth in this section are based on the amounts that the administrator reports to the treasurer in accordance with subsection (4) of this section. (6.5) (a) For each local governmental entity that had a decrease in total assessed value of real property from the property tax year commencing on January 1, 2024, to the property tax year commencing on January 1, 2025, as a result of House Bill 24B-1001, the amount of reimbursement is an amount equal to that decrease in total assessed value multiplied by the local governmental entity's mill levy for the property tax year commencing on January 1, 2024, excluding any mills levied to provide for the payment of bonds and interest thereon or for the payment of any other contractual obligation that has been approved by a majority of the local governmental entity's voters voting thereon. (b) Notwithstanding subsection (6.5)(a) of this section, if there is insufficient money in the fund for the state treasurer to issue warrants pursuant to subsection (5)(a.5) of this section in the amounts determined pursuant to subsection (6.5)(a) of this section, the amounts of the warrants issued by the state treasurer must be proportionally reduced. (c) The reimbursement amounts set forth in this section are based on the amounts that the administrator reports to the treasurer in accordance with subsection (4) of this section. (7) (a) The local governmental entity backfill cash fund is hereby created in the state treasury. The fund consists of money transferred to the fund in accordance with subsection (7)(b) of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the local governmental entity backfill cash fund to the fund. (b) On April 1, 2025, the state treasurer shall transfer from the sustainable rebuilding program fund created in section 24-38.5-115 (7) to the local governmental entity backfill cash fund ten million three hundred eleven thousand two hundred thirty-three dollars. (c) The money in the fund is available for the state treasurer to pay the warrants required to be issued in accordance with subsection (5) of this section. (d) After issuing every warrant required pursuant to subsection (5)(a.5) of this section, the state treasurer shall credit any unexpended and unencumbered money remaining in the fund at that time to the sustainable rebuilding program fund created in section 24-38.5-115 (7). (8) This section is repealed, effective July 1, 2027.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-39.docxFetched: 10/6/2026