C.R.S. § 39-28-102 — CO Code / Title 39 / Article 28 / Part 1 / Section 39-28-102
39-28-102. Licensing of wholesalers - rules - fines
Status: repealed

39-28-102. Licensing of wholesalers - rules - fines. (1) It is unlawful for any wholesaler to sell or offer for sale in this state cigarettes without first obtaining a license therefor, granted and issued by the department, which license shall be in effect until June 30 following the date of issue, unless sooner revoked. Such licenses shall be granted only to such wholesalers who own or operate the places from which such sales are to be made, and, in case sales are made from two or more separate places by any such wholesaler, a separate license for each place of business shall be required. Such licenses shall be renewed only upon timely application and payment of the required fee prior to expiration. Such licenses may be transferred in the discretion of and pursuant to the rules adopted by the department. The license fee shall be ten dollars per year, and such license fees shall be credited to the general fund. Such license fees shall be reduced at the rate of two dollars and fifty cents for each expired quarter of the license year. The department shall, on reasonable notice and after a hearing, suspend or revoke the license of any wholesaler violating any provision of this article, and no license shall be issued to such wholesaler within a period of two years thereafter. The department may share information on the names and addresses of persons who purchased cigarettes for resale with the department of public health and environment and county and district public health agencies. The department shall refuse to issue a new or renewal wholesaler license, and shall revoke a wholesaler's license, if the wholesaler owes the state any delinquent taxes administered by the department or interest thereon pursuant to this title that have been determined by law to be due and unpaid, unless the wholesaler has entered into an agreement approved by the department to pay the amount due.

(1.3) (a) In addition to the requirements set forth in subsection (1) of this section, no license shall be issued to a wholesaler unless the wholesaler:

(I) Has a current license issued pursuant to section 39-26-103;

(II) Provides evidence to the satisfaction of the executive director of the department demonstrating that the wholesaler will buy cigarettes from at least one manufacturer that is either part of the master settlement agreement or that places funds into a qualified escrow account pursuant to section 39-28-203 (2); and

(III) Has filed with the department evidence of a surety bond issued by a company authorized to do business in this state in an amount equal to the wholesaler's anticipated total monthly purchase of stamps pursuant to section 39-28-104 for the benefit of the department. The amount of a wholesaler's anticipated total monthly purchase shall be determined solely in the discretion of the wholesaler. A wholesaler may file a replacement surety bond if the wholesaler's anticipated total monthly purchase of stamps changes after the wholesaler has been issued a license pursuant to this section.

(b) In addition to the requirements set forth in subsection (1) of this section, no license shall be renewed unless a wholesaler:

(I) Has a current license issued pursuant to section 39-26-103;

(II) Provides evidence to the satisfaction of the executive director of the department demonstrating that the wholesaler has bought and will continue to buy cigarettes from at least one manufacturer that is either part of the master settlement agreement or places funds into a qualified escrow account pursuant to section 39-28-203 (2); and

(III) Has filed with the department evidence of a surety bond issued by a company authorized to do business in this state in an amount equal to the wholesaler's anticipated total monthly purchase of stamps pursuant to section 39-28-104 for the benefit of the department. The amount of a wholesaler's anticipated total monthly purchase shall be solely in the discretion of the wholesaler. For each consecutive preceding year that a wholesaler has not been delinquent in the payment of taxes imposed under this part 1, as determined by the executive director of the department, the amount of the bond required shall be reduced by twenty percentage points of the wholesaler's anticipated total monthly purchase of stamps. A wholesaler may file a replacement surety bond if the wholesaler's anticipated total monthly purchase of stamps changes after the wholesaler's license has been renewed pursuant to this section. A wholesaler that has not been delinquent in the payment of such taxes for five consecutive years shall be exempt from the requirement to file a surety bond with the department.

(1.5) (Deleted by amendment, L. 2008, p. 182, § 1, effective August 5, 2008.)

(2) Repealed.
C.R.S. § 39-22-530 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-530
39-22-530. Credit for employers that hire persons with intellectual and developmental disab
Status: repealed

39-22-530. Credit for employers that hire persons with intellectual and developmental disabilities - definitions. (Repealed)
C.R.S. § 39-27-120 — CO Code / Title 39 / Article 27 / Part 1 / Section 39-27-120
39-27-120. Penalties
Status: in_force

39-27-120. Penalties. Any person who in any way violates any of the provisions of this part 1 for which no penalty is expressly provided is punished as provided by section 39-21-118. In addition to the foregoing penalties, the executive director of the department of revenue may suspend or revoke the license of any person who violates any of the provisions of this part 1 and shall notify the person of the suspension or revocation and, upon application to any court of competent jurisdiction without furnishing bond, is entitled to an injunction restraining the person from operating, transporting, using, selling, delivering, or transferring any gasoline or special fuel in this state while the license or permit of the person has been suspended or revoked. The attorney general shall institute an action on behalf of the state against any person required to collect or pay the tax imposed by this part 1, or the sureties of the person, to collect or recover the amount of tax due from the person, together with penalties and interest thereon.
C.R.S. § 39-28.5-106 — CO Code / Title 39 / Article 28.5 / Section 39-28.5-106
39-28.5-106. Returns and remittance of tax - civil penalty
Status: repealed

39-28.5-106. Returns and remittance of tax - civil penalty. (1) Every distributor and remote retail seller shall file a return with the department each quarter. The return, which shall be upon forms prescribed and furnished by the department, shall contain, among other things, the total amount of tobacco products purchased by the distributor or remote retail seller during the preceding quarter and the tax due thereon.

(2) Every distributor and remote retail seller shall file a return with the department by the twentieth day of the month following the month reported and shall therewith remit the amount of tax due, less three and one-third percent of any sum so remitted that consists of tax collected after July 1, 2005, but before January 1, 2021, and less one and six-tenths percent of any sum so remitted that consists of tax collected on or after January 1, 2021, to cover the distributor's or remote retail seller's expense in the collection and remittance of said tax; except that no part of the tax imposed pursuant to section 39-28.5-102.5 and section 21 of article X of the state constitution shall be subject to the discount provided for in this subsection (2). If any distributor or remote retail seller is delinquent in remitting said tax, other than in unusual circumstances shown to the satisfaction of the executive director of the department, the distributor or remote retail seller shall not be allowed to retain any amounts to cover his or her expense in collecting and remitting said tax, and in addition the penalty imposed under section 39-28.5-110 (2)(b) shall apply.

(3) Repealed.

(4) (a) Any person, firm, limited liability company, partnership, or corporation, other than a distributor or remote retail seller, in possession of tobacco products for which taxes have not otherwise been remitted pursuant to this section shall be liable and responsible for the uncollected tax that is levied pursuant to section 39-28.5-102 and section 21 of article X of the state constitution on behalf of the distributor or remote retail seller who failed to pay the tax. The person or entity shall make the payment to the department within thirty days of first taking possession of the tobacco product. The department shall establish a form to be used for remittance of the payment. The department shall remit the proceeds it receives pursuant to this subsection (4)(a) to the state treasurer for distribution as follows:

(I) For all moneys received and collected in payment of the tax imposed pursuant to section 39-28.5-102, fifteen percent shall be credited to the tobacco tax enforcement cash fund created in section 39-28-107 (1)(b), and eighty-five percent shall be credited to the old age pension fund; and

(II) All moneys received and collected in payment of the tax imposed pursuant to section 39-28.5-102.5 shall be credited to the tobacco tax cash fund created in section 24-22-117, C.R.S.

(b) The executive director of the department may impose a civil penalty on any person, firm, limited liability company, partnership, or corporation in possession of tobacco products that fails to make a payment required pursuant to paragraph (a) of this subsection (4) or who is a distributor by virtue of being the first person who receives the tobacco products in the state and who fails to make a payment required pursuant to this section in an amount that does not exceed five hundred percent of such payment. Any moneys received pursuant to this paragraph (b) shall be remitted to the state treasurer for deposit in the tobacco tax enforcement cash fund created in section 39-28-107 (1)(b).
C.R.S. § 39-11-142 — CO Code / Title 39 / Article 11 / Section 39-11-142
39-11-142. Disposition of certificates held by counties
Status: repealed

39-11-142. Disposition of certificates held by counties. (1) Before July 1, 2024, in cases where a tax lien on real estate has been struck off to the county at tax sales and the county has held the certificate of sale for three years or more, the board of county commissioners may apply for and receive a tax deed in like manner as is provided by law in the case of delinquent tax sale certificates held by individuals. The board of county commissioners, whenever the county becomes entitled to a tax deed, may cause the treasurer to issue, serve, and publish notices, pursuant to law, of application for such tax deed in like manner as in the case of individual certificate holders.

(2) Before July 1, 2024, in cases where the county has held the tax certificate for five years or more and such real estate is not located within the limits of any incorporated town or city within the said county, the county may include in one request or demand any or all separate parcels of real estate for which it holds tax sale certificates for sales in any one year, and the board of county commissioners may apply for and receive tax deeds therefor. Before July 1, 2024, in cases where the county has held the tax certificate for eight years and in the opinion of the board of county commissioners such real estate is not used, operated, or maintained wholly or in part in the interest or for the benefit of the public, said board shall apply for and receive a tax deed therefor.

(3) Before July 1, 2024, upon making application in the case of tax certificates held by the counties for five years or more, the treasurer shall not be required to give the notice that a request or demand for tax deed has been made upon him provided for in section 39-11-128. The treasurer, in lieu of such notice, at least sixty days before the day said tax deed issues, shall give notice by registered or certified mail, addressed to the last-known residence of the person in whose name the real estate is assessed for the years during which said taxes have not been paid, that a tax deed has been applied for on the particular described property and that said tax deed will issue on a day certain. Before July 1, 2024, the treasurer shall also post in a public place in the office of the treasurer and on the treasurer's website, at least sixty days before said deed issues, a notice stating that a deed will be issued to the county on the real estate described in said notice. Said notice shall contain the name of the person to whom the property is assessed together with the date said tax deed will issue.

(4) In all cases, the owner of the property shall have the right of redemption of the property as provided by law.

(5) Any tax deed, when issued to the county, shall be duly recorded, but no fee shall be required to be paid therefor. Thereafter, the board of county commissioners shall list such property for sale and post such list in the county courthouse and, out of the county general fund, may make such essential repairs thereon and pay such premiums for fire insurance as are necessary for the protection and preservation of any improvements on such property. The board of county commissioners, after a county has acquired such tax deed, in its discretion, may institute and prosecute suits to quiet the title to any such real estate so acquired under such tax deeds.

(6) (a) Before July 1, 2024, in all cases where a tax lien on real property has been struck off to the county at a tax sale and the county has held the certificate of sale for thirty years or more without obtaining a tax deed as provided in this section, then such certificate may be declared void and of no effect.

(b) Repealed.

(c) Before July 1, 2024, upon being presented with such list, the board of county commissioners shall determine that the tax liens were struck off to the county, that such certificates of sale relating thereto have been held by the county for thirty years or more, and that no tax deed has been obtained or applied for as provided in this section. Upon making such determination, the board of county commissioners may declare that such certificates are void, and an order to that effect shall be duly entered in the recorded proceedings of the board, which order shall direct the treasurer to cancel such certificates of sale.

(d) Upon receipt of an order of the board of county commissioners declaring that any certificates of sale are void, the treasurer shall record said order in his records and shall cancel all such certificates specified in said order.

(e) Any action concerning a determination and declaration by a board of county commissioners made pursuant to this subsection (6) shall be commenced within one year after the date of the board's order, or said action shall be forever barred.

(7) It is the duty of the treasurer at least once each year to prepare and present, at any regular or special meeting of the board of county commissioners, a list of all tax liens on all real property struck off to the county and all certificates of sale relating thereto, which certificates have been held by the county for three years or more without obtaining a deed or being otherwise disposed of under this article 11 or article 11.5 of this title 39.
C.R.S. § 39-26-212 — CO Code / Title 39 / Article 26 / Part 2 / Section 39-26-212
39-26-212. Legislation modifying the state use tax base - no impact on local government use
Status: in_force

39-26-212. Legislation modifying the state use tax base - no impact on local government use tax bases - no expansion of local authority to levy use tax. (1) Notwithstanding the provisions of section 29-2-105 (1)(d), C.R.S., any provision of title 32, C.R.S., or any other provision of law, and except as set forth in subsection (3) of this section, the levying of use tax on, exemption from use tax for, or local option to levy use tax on or provide an exemption from use tax for any tangible personal property or services under the use tax ordinance or resolution of any county, municipality, special district, authority, or other local government or political subdivision of the state shall not be affected in any way by the elimination, suspension, or modification of any use tax exemption or any other legislative modification of the state use tax base resulting from the enactment of any of the following bills:

(a) House Bill 10-1189, enacted in 2010;

(b) House Bill 10-1190, enacted in 2010;

(c) House Bill 10-1191, enacted in 2010;

(d) House Bill 10-1194, enacted in 2010;

(e) House Bill 10-1195, enacted in 2010.

(2) Except as set forth in subsection (3) of this section, this section does not create or expand, and shall not be construed to create or expand, any authority of any county, municipality, special district, authority, or other local government or political subdivision of the state to levy use tax.

(3) Beginning January 1, 2014, subsection (1) of this section does not apply to the regional transportation district established by article 9 of title 32, C.R.S., and the scientific and cultural facilities district established by article 13 of title 32, C.R.S., which levy sales and use tax upon every transaction or other incident with respect to which a sales and use tax is levied by the state.
C.R.S. § 39-21-101 — CO Code / Title 39 / Article 21 / Part 1 / Section 39-21-101
39-21-101. Definitions
Status: in_force

39-21-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "Department" means the department of revenue.

(2) "Executive director" or "executive director of the department of revenue" means the executive director of the department of revenue and includes the head of any group, division, or subordinate department, as appointed in accordance with article 35 of title 24, C.R.S., whenever the executive director specifically authorizes the group, division, or subordinate department head to act on his or her behalf.

(3) "Person" includes any individual, firm, corporation, partnership, limited liability company, joint venture, estate, trust, or group or combination acting as a unit.

(4) "Taxpayer" includes a person against whom a deficiency is being asserted, whether or not he has paid any of the tax in issue prior thereto.
C.R.S. § 39-22-4304 — CO Code / Title 39 / Article 22 / Part 43 / Section 39-22-4304
39-22-4304. Repeal of part
Status: repealed

39-22-4304. Repeal of part. This part 43 is repealed, effective January 1 of the income tax year following the year in which the executive director files written certification with the revisor of statutes that the American Red Cross Colorado disaster response, readiness, and preparedness fund voluntary contribution will no longer appear on the individual income tax return form due to a failure to meet the requirements of section 39-22-1001 (5)(a).
C.R.S. § 39-22-1904 — CO Code / Title 39 / Article 22 / Part 19 / Section 39-22-1904
39-22-1904. Repeal of part
Status: repealed

39-22-1904. Repeal of part. (Repealed)
C.R.S. § 39-22-620 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-620
39-22-620. Review of action of executive director
Status: repealed

39-22-620. Review of action of executive director. (Repealed)
C.R.S. § 39-22-5401 — CO Code / Title 39 / Article 22 / Part 54 / Section 39-22-5401
39-22-5401. Tax preference performance statement - legislative declaration
Status: in_force

39-22-5401. Tax preference performance statement - legislative declaration. (1) In accordance with section 39-21-304, which requires each bill that creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that the purposes of the tax credit allowed in this part 54 are to induce certain designated behavior by taxpayers and to provide tax relief for certain businesses or individuals. Specifically, the credit seeks to address the shortage of affordable housing in the state and increase access to affordable housing by encouraging developers to build units specifically for middle-income individuals and families and also to encourage private sector investment in affordable housing.

(2) The general assembly and the state auditor shall measure the effectiveness of the income tax credit allowed in this part 54 in achieving the purposes specified in subsection (1) of this section based on the information required to be reported to the state auditor by the Colorado housing and finance authority pursuant to section 39-22-5408.
C.R.S. § 39-26-802.5 — CO Code / Title 39 / Article 26 / Part 8 / Section 39-26-802.5
39-26-802.5. Sales and use tax simplification - request for information
Status: in_force

39-26-802.5. Sales and use tax simplification - request for information. (1) (a) No later than June 30, 2018, the department of revenue shall issue a request for information, in accordance with the procurement code, articles 101 to 112 of title 24, and within the department's existing resources, for an electronic sales and use tax simplification system that the state or any local government that levies a sales or use tax, including home rule municipalities and counties, could choose to use that would provide:

(I) Accurate address location information to be used by a retailer to determine the correct taxing jurisdiction for which the retailer should collect and remit sales or use tax;

(II) A single application process for state and local sales tax licenses;

(III) A uniform sales and use tax remittance form;

(IV) A single point of remittance for state and local sales and use tax; and

(V) A taxability or exemption matrix.

(b) The electronic sales and use tax simplification system must provide access to the data that the state or any local government may need for purposes of auditing taxpayers or for reconciling sales and use tax revenue projections.

(c) The request for information process must:

(I) Identify initial costs for the electronic sales and use tax simplification system and any possible ongoing annual costs;

(II) Explain how, to the maximum extent practicable, the system could be able to interface with all existing accounting systems used by the retailers, the state, or local governments;

(III) Allow for various payment options to pay for the cost of the development or implementation of the electronic sales and use tax simplification system, including contributions by the state, local governments, or retailers, or any combination thereof;

(IV) Anticipate that the sales and use tax base or rates of the state or any local government that levies a sales or use tax may change over time and maintain a history of those changes, including the effective date of such changes; and

(V) Anticipate that the jurisdictional boundaries of a local government that levies a sales or use tax may change over time, and maintain a history of those changes, including the effective date of such changes.

(d) A responder to the request for information shall not expect or anticipate that the state or any local government that levies a sales or use tax and that might use the electronic sales and use tax simplification system will, for simplification purposes:

(I) Adjust their sales and use tax base or rate;

(II) Adopt uniform definitions; or

(III) Unify their audit authority and process in any fashion.

(2) When the request for information issuance is complete, the department of revenue shall notify the sales and use tax simplification task force created in section 39-26-802. The task force shall hold a meeting within ninety days of the notification to review the information received pursuant to the request for information and determine next steps. The task force shall invite a representative of the department of revenue's purchasing department to help ensure that all procurement issues are considered when the task force determines its next steps.
C.R.S. § 39-26-113.5 — CO Code / Title 39 / Article 26 / Part 1 / Section 39-26-113.5
39-26-113.5. Refund of state sales taxes for vehicles used in interstate commerce - fund - re
Status: repealed

39-26-113.5. Refund of state sales taxes for vehicles used in interstate commerce - fund - repeal. (1) (a) Except as provided in subsection (3) of this section, on and after January 1, 2011, but before July 1, 2025, a taxpayer may claim a refund of a percentage of all state sales and use taxes paid by the taxpayer pursuant to this part 1 and part 2 of this article on the sale, storage, or use of a model year 2010 or newer truck tractor or semitrailer with a gross vehicle weight rating of fifty-four thousand pounds or greater that is purchased on or after July 1, 2011, but before July 1, 2025.

(b) The total refund shall be calculated by the division of motor vehicles in the department of revenue in the same manner as the division calculates the proration of the annual specific ownership tax payable on Class A personal property as specified in section 42-3-107 (4), C.R.S.

(c) The total refund shall be claimed as follows:

(I) For the calendar year in which the truck tractor or semitrailer was purchased, stored, or used, thirty-three percent of the total amount of the refund if the model year of the truck tractor or semitrailer was sold as new during such calendar year;

(II) For the first calendar year after the calendar year in which the truck tractor or semitrailer was purchased, stored, or used, thirty-three percent of the total amount of the refund if the model year of the truck tractor or semitrailer was sold as new during such calendar year; and

(III) For the second calendar year after the calendar year in which the truck tractor or semitrailer was purchased, stored, or used, thirty-three percent of the total amount of the refund if the model year of the truck tractor or semitrailer was sold as new during such calendar year.

(IV) and (V) (Deleted by amendment, L. 2010, (HB 10-1285), ch. 423, p. 2190, § 4, effective July 1, 2010.)

(2) To claim a refund allowed by subsection (1) of this section, a taxpayer shall submit a refund application to the department of revenue on a form provided by the department. The application shall be accompanied by proof of payment of state sales and use taxes paid by the taxpayer. The application shall also include any additional information that the department of revenue may require by rule.

(3) (a) The department of revenue shall deny a claimant the sales tax refund or a portion of such refund granted in this section if the claim results in more than the amount allocated for the credit pursuant to section 42-1-225, C.R.S.

(b) To implement this section, the department of revenue shall track the amount of the refunds granted under this section.

(4) This section is repealed, effective July 1, 2026.
C.R.S. § 39-11-128 — CO Code / Title 39 / Article 11 / Section 39-11-128
39-11-128. Condition precedent to deed - notice
Status: in_force

39-11-128. Condition precedent to deed - notice. (1) Before July 1, 2024, before any purchaser, or assignee of such purchaser, of a tax lien on any land, town or city lot, or mining claim sold for taxes or special assessments due either to the state or any county or incorporated town or city within the same at any sale of tax liens for delinquent taxes levied or assessments authorized by law is entitled to a deed for the land, lot, or claim so purchased, he shall make request upon the treasurer, who shall then comply with the following:

(a) The treasurer shall serve or cause to be served, by personal service or by either registered or certified mail, a notice of such purchase on every person in actual possession or occupancy of such land, lot, or claim, and also on the person in whose name the same was taxed or specially assessed if, upon diligent inquiry, such person can be found in the county or if his residence outside the county is known, and upon all persons having an interest or title of record in or to the same if, upon diligent inquiry, the residence of such persons can be determined, not more than five months nor less than three months before the time of issuance of such deed. In such notice the treasurer shall state when the applicant or his assignor purchased the tax lien on such land, lot, or claim, in whose name such property was taxed, the description of the land, lot, or claim for which a tax lien was purchased, for what year taxed or specially assessed, and when the time of redemption will expire or when the tax deed shall be issued.

(b) In all cases or instances where the valuation for assessment of the property is five hundred dollars or more, the treasurer shall publish such notice, three times, at intervals of one week, in some daily, weekly, or semiweekly newspaper published in such county, not more than five months nor less than three months before the time at which the tax deed may issue, and he shall send by registered or certified mail a copy of such notice to each person not found to be served whose address is known or can be determined upon diligent inquiry. If no such newspaper is published in the county, then said notice shall be published in the newspaper that is published in Colorado nearest the county seat of the county in which such land, lot, or claim is situated. The purchaser or assignee, at the time of making such request for notification on the treasurer, shall pay to the treasurer a fee, as provided in section 30-1-102, C.R.S. The treasurer shall make and carefully preserve among the files of his office a record of all things done in compliance with this section and shall certify to the same.

(2) When request is made for a tax deed to lands situated wholly within the exterior boundary lines of an irrigation district, the holder of tax sale certificates of purchase to such lands may include in one request or demand for a tax deed all contiguous tracts for which he holds such certificates of purchase. When all of such lands for which a tax deed is so requested or demanded are unoccupied and no taxes have been paid thereon, or upon any parcel of such lands embraced in such request or demand, for five consecutive years prior to the making of such request or demand, the only notice which the treasurer shall be required to give of the fact that a request or demand for tax deed has been made upon him shall be a notice of publication as provided in this section, in which as many tracts or parcels of land shall be described as are embraced in any one demand or request for deed.
C.R.S. § 39-22-504 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-504
39-22-504. Net operating losses
Status: in_force

39-22-504. Net operating losses. (1) (a) A net operating loss deduction shall be allowed in the same manner that it is allowed under the internal revenue code except as otherwise provided in this section. The amount of the net operating loss that may be carried forward and carried back for Colorado income tax purposes shall be that portion of the federal net operating loss allocated to Colorado under this article 22 in the taxable year that the net operating loss is sustained.

(b) For losses incurred after December 31, 2017, the eighty percent limitation set forth in section 172 (a)(2) of the internal revenue code shall apply without regard to the amendments made in section 2303 of the March 2020 "Coronavirus Aid, Relief, and Economic Security Act", Pub.L. 116-136.

(2) With respect to individuals, estates, and trusts:

(a) A net operating loss incurred in a taxable year beginning prior to January 1, 1987, may be carried forward the same number of years a federal net operating loss may be carried forward. Such net operating losses may not be carried back to an earlier tax year.

(b) Net operating losses incurred in taxable years beginning on or after January 1, 1987, may be carried back to the same years as is a federal net operating loss incurred in such year; except that no such loss may be carried to a taxable year beginning on or after January 1, 1987. Such losses may not be carried forward to subsequent tax years.

(3) (a) Net operating losses of corporations generated in income tax years commencing before January 1, 2021, may be carried forward for the same number of years as allowed for a federal net operating loss. Net operating losses of corporations may not be carried back to an earlier tax year.

(b) Net operating losses of corporations generated in income tax years commencing on or after January 1, 2021, may be carried forward for twenty years. Net operating losses of corporations may not be carried back to an earlier tax year.

(4) If a financial institution suffers a net operating loss for any taxable year beginning on or after January 1, 1984, and before January 1, 2021, the amount of the unused net operating loss may be carried forward to each of the fifteen years following the taxable year of such loss. For the purposes of this subsection (4), "financial institution" means any institution to which section 585 or 593 of the internal revenue code applies.

(5) No corporation may carry forward a net operating loss to an income tax year commencing prior to January 1, 2009, if, for such year, the corporation uses a different method of allocating or apportioning income from the one it used in the period in which the loss occurred, unless such different method is approved by the executive director. A corporation may carry forward a net operating loss to any income tax year commencing on or after January 1, 2009, regardless of the method of allocating or apportioning income for such year.

(6) (a) Notwithstanding any other provision of this section, the maximum amount of net operating loss that a corporation may subtract from federal taxable income pursuant to section 39-22-304 (3)(g) for a tax year commencing on or after January 1, 2011, but prior to January 1, 2014, is two hundred fifty thousand dollars.

(b) All net operating losses may be carried forward one additional year for each tax year that a corporation is prohibited pursuant to paragraph (a) of this subsection (6) from subtracting a portion of such net operating losses from the corporation's federal taxable income.

(c) An amount equal to the amount of all net operating losses that a corporation is prohibited pursuant to paragraph (a) of this subsection (6) from subtracting from federal taxable income multiplied by a rate of interest equal to three and one-quarter percent per annum for the period during which such net operating losses are prohibited shall be added to the allowable net operating loss that is carried forward by the corporation, and, for the purpose of section 39-22-304 (3)(g), shall be considered net operating loss.
C.R.S. § 39-11-122 — CO Code / Title 39 / Article 11 / Section 39-11-122
39-11-122. Transfer of certificates by counties
Status: in_force

39-11-122. Transfer of certificates by counties. Any county in this state having in its possession or under its control certificates of purchase resulting from the sale of a tax lien on land for the nonpayment of general taxes may assign, sell, or transfer such certificates in such manner, at such times, and on such terms as may be determined by resolution of the board of county commissioners of such county. Thereafter such county shall execute and deliver such instruments as may be necessary fully to convey all of the right, title, and interest of the county in or to such certificates; but no sale of any certificate of purchase issued upon any real estate upon which taxes in excess of ten thousand dollars are then due shall be valid unless and until the sale of said certificate and the terms of said sale are approved by the administrator after notice of said proposed sale and the terms thereof have been published in at least one issue of a newspaper published regularly in the county where said real estate is located, or if no newspaper is published in said county, then by posting notice of said proposed sale and the terms thereof at the county courthouse and two other public places in said county.
C.R.S. § 39-11-113 — CO Code / Title 39 / Article 11 / Section 39-11-113
39-11-113. Abbreviations, letters, and figures may be used
Status: in_force

39-11-113. Abbreviations, letters, and figures may be used. In all advertisements for the sale of tax liens on real property for delinquent taxes and in entries required to be made by the assessor, county clerk and recorder, treasurer, or other officers in lists, books, rolls, certificates, receipts, deeds, or notices, letters, figures, and abbreviations may be used to denote townships, ranges, sections, parts of sections, lots, blocks, dates and amounts of taxes, delinquent interest, and costs.
C.R.S. § 39-22-346 — CO Code / Title 39 / Article 22 / Part 3 / Section 39-22-346
39-22-346. Credit for tax paid in other states
Status: in_force

39-22-346. Credit for tax paid in other states. For purposes of the resident pass-through entity owners, the credit allowed under section 39-22-108 is calculated without regard to the credit allowed under section 39-22-347.
C.R.S. § 39-21-116.5 — CO Code / Title 39 / Article 21 / Part 1 / Section 39-21-116.5
39-21-116.5. Penalties - repeal
Status: repealed

39-21-116.5. Penalties - repeal. (1) In addition to the personal liability provided in section 39-21-116, all officers of a corporation and all members of a partnership or a limited liability company required to collect, account for, and pay over any tax administered by this article 21 who willfully fail to collect, account for, or pay over such tax or who willfully attempt in any manner to evade or defeat any such tax, or the payment thereof, are subject to, in addition to other penalties provided by law, a penalty equal to one hundred fifty percent of the total amount of the tax not collected, accounted for, paid over, or otherwise evaded. An officer of a corporation or a member of a partnership or a limited liability company shall be deemed to be subject to this section if the corporation, partnership, or limited liability company is subject to filing returns or paying taxes administered by this article 21 and if such officers of corporations or members of partnerships or limited liability companies voluntarily or at the direction of their superiors assume the duties or responsibilities of complying with the provisions of any tax administered by this article 21 on behalf of the corporation, partnership, or limited liability company.

(2) (a) This section does not apply to the temporary sales tax deduction and retention allowed in section 39-26-105 (1.3).

(b) This subsection (2) is repealed, effective December 31, 2026.
C.R.S. § 39-22-5508 — CO Code / Title 39 / Article 22 / Part 55 / Section 39-22-5508
39-22-5508. Repeal of part
Status: repealed

39-22-5508. Repeal of part. This part 55 is repealed, effective December 31, 2049.
C.R.S. § 39-22-4704 — CO Code / Title 39 / Article 22 / Part 47 / Section 39-22-4704
39-22-4704. First-time home buyer savings account
Status: in_force

39-22-4704. First-time home buyer savings account. (1) Beginning January 1, 2017, and prior to January 1, 2025, any individual may open an account with a financial institution and designate the account, in its entirety, as a first-time home buyer savings account to be used to pay or reimburse a qualified beneficiary's eligible expenses for the purchase of a primary residence in Colorado. An individual may be the account holder of multiple accounts, and an individual may jointly own the account with another person if they file a joint income tax return. To be eligible for the subtraction under section 39-22-104 (4)(w)(I), an account holder must comply with the requirements of this section.

(2) An account holder must designate, no later than April 15 of the year following the taxable year during which the account is established, a first-time home buyer as the qualified beneficiary of the first-time home buyer savings account. The account holder may designate himself or herself as the qualified beneficiary. The account holder may change the designated qualified beneficiary at any time, but there may not be more than one qualified beneficiary at any time. An account holder cannot have multiple accounts with the same qualified beneficiary, but an individual may be designated as the qualified beneficiary of multiple accounts.

(3) (a) The following limits apply to a first-time home buyer savings account:

(I) The maximum contribution to a first-time home buyer savings account for a taxable year is fourteen thousand dollars for an individual and twenty-eight thousand dollars for account holders who file a joint return;

(II) The maximum amount of all contributions for all taxable years to a first-time home buyer savings account is fifty thousand dollars; and

(III) The maximum total amount in an account is one hundred fifty thousand dollars.

(b) If a limit in paragraph (a) of this subsection (3) is exceeded, then thereafter no interest or other income earned on the investment of money in a first-time home buyer savings account may be subtracted from taxable income under section 39-22-104 (4)(w)(I).

(c) Money may remain in a first-time home buyer savings account for unlimited duration without the interest or income being subject to recapture or penalty.

(4) The account holder shall not use money in an account to pay expenses of administering the account; except that a service fee may be deducted from the account by a financial institution. The account holder is responsible for maintaining documentation for the first-time home buyer savings account and for eligible expenses related to the qualified beneficiary's purchase of his or her primary residence.
C.R.S. § 39-22-321 — CO Code / Title 39 / Article 22 / Part 3 / Section 39-22-321
39-22-321. Definitions
Status: in_force

39-22-321. Definitions. For the purposes of this subpart 2, unless the context otherwise requires:

(1) "Income attributable to the state" means items of income, loss, deduction, or credit of the S corporation apportioned or allocated to this state pursuant to section 39-22-303.5, 39-22-303.6, or 39-22-303.7.

(2) "Income not attributable to the state" means all items of income, loss, deduction, or credit of the S corporation other than income attributable to the state.

(3) "Post-termination transition period" means that period defined in section 1377 (b)(1) of the internal revenue code.

(4) "Pro rata share" means the portion of any item attributable to an S corporation shareholder for a taxable period determined in the manner provided in, and subject to any election made under, section 1377 (a) or 1362 (e), as the case may be, of the internal revenue code.

(5) "Taxable period" means any taxable year or portion of a taxable year during which a corporation is an S corporation.
C.R.S. § 39-9-103 — CO Code / Title 39 / Article 9 / Section 39-9-103
39-9-103. Duties of state board - enforcement - reappraisal orders
Status: repealed

39-9-103. Duties of state board - enforcement - reappraisal orders. (1) The state board of equalization shall order reappraisals of classes as provided in section 39-1-105.5, make other orders as provided in said section, and perform such other duties as are provided for in said section.

(2) The state board of equalization shall conduct hearings on petitions filed by the administrator for the reappraisal of one or more classes or subclasses of taxable property pursuant to section 39-2-114. The state board of equalization shall also conduct hearings upon complaints filed by the administrator, upon his own motion or upon petition by any tax-levying authority in this state, concerning valuation for assessment of one or more classes or subclasses of taxable property if a reappraisal has not been conducted or ordered pursuant to the provisions of section 39-2-114. Decisions of the state board of equalization shall be subject to judicial review as provided in section 24-4-106, C.R.S.

(3) Said board may compel compliance with its orders by proceedings in the nature of mandamus, by injunction, or by other appropriate civil remedies.

(4) It is the duty of the state board of equalization to examine and review the valuations for assessment of taxes upon the various classes and subclasses of taxable real and personal property located in the several counties of the state as reflected in the abstract of assessment of each county, the decisions of the board of assessment appeals, the recommendations of the administrator, and, effective January 1, 1983, the study conducted by the director of research of the legislative council pursuant to section 39-1-104 (16).

(5) The decisions of the board of assessment appeals which affect the valuation of classes or subclasses of property may be reversed or modified by the state board of equalization, and such action shall be taken only if a written appeal has, within thirty days of the board of assessment appeals' decision, been lodged with the state board of equalization by one of the parties to the proceedings before the board of assessment appeals. Decisions of the state board of equalization shall be subject to judicial review as provided in section 24-4-106, C.R.S.

(6) The state board of equalization shall conduct hearings upon complaints filed by the property tax administrator, upon his own motion or upon petition by any tax-levying authority in this state, concerning alleged dereliction of duty on the part of a county assessor.

(7) The state board of equalization shall review abstracts of assessment and may, by order, change the valuation for assessment of any class or subclass of property which was changed by a county board of equalization.

(8) The state board of equalization may promulgate such rules and regulations as are necessary for the implementation of its duties and responsibilities. Such rules and regulations shall be promulgated pursuant to and be subject to the provisions of section 24-4-103, C.R.S.

(9) Repealed.

(10) (a) It is the function of the state board of equalization and it shall have and exercise the authority, prior to publication but subsequent to review by the advisory committee to the property tax administrator pursuant to section 39-2-131 (1), to review and approve or disapprove, within thirty days after receipt from said advisory committee to the property tax administrator:

(I) Manuals or any part thereof, appraisal procedures, instructions, and guidelines prepared and published by the administrator pursuant to section 39-2-109 (1)(e) and based upon the approaches to appraisal set forth in section 39-1-103 (5)(a) and pursuant to section 39-2-109 (1)(k); and

(II) Forms, notices, and records approved or prescribed pursuant to the authority of the property tax administrator set forth in section 39-2-109 (1)(d).

(b) Any manuals, appraisal procedures, instructions, guidelines, forms, notices, or records which are not approved or disapproved by the state board of equalization within said thirty days shall be automatically approved; except that, if within said thirty days the state board of equalization schedules a hearing on such manuals, appraisal procedures, instructions, guidelines, forms, notices, or records, such automatic approval shall not occur unless the state board of equalization does not approve or disapprove such manuals, appraisal procedures, instructions, guidelines, forms, notices, or records within thirty days after the conclusion of such hearing.
C.R.S. § 39-1-125 — CO Code / Title 39 / Article 1 / Section 39-1-125
39-1-125. Tax and levy rate information publicly available
Status: in_force

39-1-125. Tax and levy rate information publicly available. (1) (a) When each town, city, school district, special district, or other taxing authority certifies its levy pursuant to section 39-5-128, it shall also provide the following information for each levy that it imposes:

(I) The rate of the levy;

(II) The prior year levy and revenue collected from the levy;

(III) The maximum levy that may be levied without further voter approval;

(IV) The allowable annual growth in revenue collected from the levy;

(V) The actual growth in revenue collected from the levy over the prior year;

(VI) Whether revenue from the levy is allowed to be retained and spent as a voter-approved revenue change pursuant to section 20 (7)(b) of article X of the state constitution;

(VII) Whether revenue from the levy is subject to the limit on annual revenue growth in section 29-1-301 (1)(a);

(VIII) Whether revenue from the levy is subject to any other limit on annual revenue growth enacted by the taxing authority or other local government;

(IX) Whether the levy must be adjusted, or whether a mill levy credit must be allowed, to collect a certain amount of revenue for the tax year and, if applicable, that amount of revenue; and

(X) Any other information determined necessary by the department of local affairs.

(b) On or before September 1, 2024, the department of local affairs shall determine the process by which taxing authorities will provide the information listed in subsection (1)(a) of this section.

(c) The board of county commissioners or other body authorized by law to levy taxes shall provide the information listed in subsection (1)(a) of this section, in addition to the identity of the entity that fixes each levy rate, along with its certification of levies pursuant to section 39-1-111.

(2) (a) Upon receiving the certification of levies from the board of county commissioners or other body authorized by law to levy taxes, or by either group's authorized party, in accordance with section 39-1-111, counties shall, in coordination with the property tax administrator, ensure that the information listed in subsection (1)(a) of this section is publicly available and accessible to persons that own taxable real property within the taxing authority's territorial limits.

(b) Counties shall ensure that the information in subsection (1)(a) of this section is publicly available beginning on January 1, 2026. From December 31, 2024, through December 31, 2025, counties shall ensure that the information in subsection (1)(a) of this section is available upon request.
C.R.S. § 39-24-101 — CO Code / Title 39 / Article 24 / Section 39-24-101
39-24-101. Short title
Status: in_force

39-24-101. Short title. This article shall be known and may be cited as the "Uniform Act on Interstate Compromise and Arbitration of Inheritance Taxes".
C.R.S. § 39-28-104.5 — CO Code / Title 39 / Article 28 / Part 1 / Section 39-28-104.5
39-28-104.5. Federal requirements - placement of labels - penalty
Status: in_force

39-28-104.5. Federal requirements - placement of labels - penalty. (1) No person shall import into this state any package of cigarettes that violates any federal requirement for the placement of labels, warnings, or other information, including health hazards, required to be placed on the container or individual package.

(2) No person shall sell or offer to sell a package of cigarettes or affix the stamp or imprint required by section 39-28-104 on a package of cigarettes unless that package of cigarettes complies with all federal tax laws, federal trademark and copyright laws, and federal laws regarding the placement of labels, warnings, or any other information upon a package of cigarettes.

(3) No person shall sell or offer to sell a package of cigarettes or affix the stamp or imprint required by section 39-28-104 on a package of cigarettes if the package is marked as manufactured for use outside of the United States or if any label or language has been altered from the manufacturer's original packaging and labeling to conceal the fact that the package was manufactured for use outside of the United States.

(4) (a) No person shall affix a stamp, label, or decal on a package of cigarettes to conceal the fact that the package was manufactured for use outside of the United States.

(b) No person shall sell or offer to sell a package of cigarettes on which a stamp, label, or decal was affixed to conceal the fact that the package was manufactured for use outside of the United States.

(5) The violation of any provision of this section is a class 2 misdemeanor.

(6) (a) Any package of cigarettes found for sale at retail or wholesale at any place in this state that is marked for use outside of the United States is declared to be contraband goods and may be seized without a warrant by the department, by its agents or employees, or by any peace officer in this state when directed or requested by the department to do so. Nothing in this section shall be construed to require the department to confiscate packages of cigarettes that are so marked in quantities less than ten cartons when the packages are held for personal consumption and not for resale.

(b) Any cigarettes seized by virtue of the provisions of this subsection (6) shall be confiscated, and the department shall destroy such confiscated goods.
C.R.S. § 39-33-104 — CO Code / Title 39 / Article 33 / Section 39-33-104
39-33-104. Rules
Status: repealed

39-33-104. Rules. (Repealed)
C.R.S. § 39-22-2202 — CO Code / Title 39 / Article 22 / Part 22 / Section 39-22-2202
39-22-2202. Contributions credited to the fund - administration - transfer
Status: in_force

39-22-2202. Contributions credited to the fund - administration - transfer. The department of revenue shall determine annually the total amount designated pursuant to section 39-22-2201 and shall report the amount to the state treasurer, who shall credit such amount to the pet overpopulation fund created in section 35-80-116.5 (5), C.R.S. The general assembly shall appropriate annually from the pet overpopulation fund to the department the department's costs of administering the moneys designated as contributions to the fund. After subtracting the appropriation to the department, all designated moneys in the fund are hereby continuously appropriated for the purposes of this part 22. At the end of each fiscal year, the state treasurer shall transfer all designated moneys in the fund and all interest earned through the investment of fund moneys, after subtracting the appropriation to the department, as specified in section 35-80-116.5 (5)(b), C.R.S.
C.R.S. § 39-26-111 — CO Code / Title 39 / Article 26 / Part 1 / Section 39-26-111
39-26-111. Credit sales
Status: in_force

39-26-111. Credit sales. (1) In case of a sale upon credit, or a contract for sale wherein it is provided that the price shall be paid in installments and title does not pass until a future date, or a chattel mortgage or a conditional sale, there shall be paid upon each payment, upon the account of purchase price, that portion of the total tax which the amount paid bears in the total purchase price. Notwithstanding any other provision of this subsection (1), a retailer doing business wholly or partly on a credit basis may, at his election, make a return, and remit sales tax on credit sales, on the basis of the aggregate amount of cash received during the month from taxable credit sales. The retailer may determine the tax to be remitted on the basis of his reasonable estimate of the aggregate amount of tax which he has collected from his credit customers during the month. A retailer's estimate of the taxes collected on credit sales made in any month (referred to in this section as "base month") shall be deemed reasonable if the cumulative sum of the monthly amounts of taxes on such credit sales remitted by the retailer on or before the close of the third, sixth, ninth, twelfth, and fifteenth calendar months following the base month is not less than twenty-five percent, forty-three and seventy-five one-hundredths percent, sixty-two and five-tenths percent, eighty-one and twenty-five one-hundredths percent, and one hundred percent, respectively, of the total taxes due on the aggregate credit sales made by the retailer in the base month. In no event, however, shall the amount of taxes remitted by the retailer in any month be less than the amount which the retailer actually estimates to have been collected in that month.

(2) If a retailer transfers, sells, assigns, or otherwise disposes of an account receivable, he shall be deemed to have received the full balance of the consideration for the original sale and shall be liable for the remittance of the sales tax on the balance of the total sale price not previously reported; except that such transfer, sale, assignment, or other disposition of an account receivable by a retailer to a closely held subsidiary, as defined in section 39-26-102 (10)(k), shall not be deemed to require the retailer to pay the sales tax on the credit sale represented by the account transferred prior to the time the customer makes payment on said account.
C.R.S. § 39-11.5-105 — CO Code / Title 39 / Article 11.5 / Section 39-11.5-105
39-11.5-105. Date of public auction
Status: in_force

39-11.5-105. Date of public auction. The treasurer shall hold the public auction no more than one hundred twenty-five calendar days nor less than one hundred ten calendar days after the date of the first publication of the known interested party notice published by the treasurer pursuant to section 39-11.5-104 (1) or the date of the mailing of the known interested party notice if publication is not required.
C.R.S. § 39-22-306 — CO Code / Title 39 / Article 22 / Part 3 / Section 39-22-306
39-22-306. Accounting periods and methods
Status: in_force

39-22-306. Accounting periods and methods. The provisions of section 39-22-111 shall apply to C corporations to the extent not inconsistent with sections 39-22-301 to 39-22-305.
C.R.S. § 39-22-101 — CO Code / Title 39 / Article 22 / Part 1 / Section 39-22-101
39-22-101. Short title
Status: in_force

39-22-101. Short title. This article shall be known and may be cited as the "Colorado Income Tax Act of 1987".
C.R.S. § 39-28-103 — CO Code / Title 39 / Article 28 / Part 1 / Section 39-28-103
39-28-103. Tax levied
Status: repealed

39-28-103. Tax levied. (1) (a) Prior to January 1, 2021, there is levied and shall be collected and paid to the department a tax upon the sale of cigarettes by wholesalers of ten mills on each cigarette.

(b) A tax is levied upon the sale of cigarettes by wholesalers, excluding cigarettes that are modified risk tobacco products, that is equal to:

(I) Six and one-half cents per cigarette for sales on and after January 1, 2021, but prior to July 1, 2024;

(II) Eight cents per cigarette for sales on and after July 1, 2024, but prior to July 1, 2027; and

(III) Ten cents per cigarette for sales on and after July 1, 2027.

(c) A tax is levied on the sale of cigarettes that are modified risk tobacco products that is equal to:

(I) Three and one-quarter cents per cigarette for sales on and after January 1, 2021, but prior to July 1, 2024;

(II) Four cents per cigarette for sales on and after July 1, 2024, but prior to July 1, 2027; and

(III) Five cents per cigarette for sales on and after July 1, 2027.

(d) The wholesaler shall pay the tax set forth in this section to the department, which shall collect the tax.

(2) Repealed.
C.R.S. § 39-26-709 — CO Code / Title 39 / Article 26 / Part 7 / Section 39-26-709
39-26-709. Machinery and machine tools - definitions
Status: in_force

39-26-709. Machinery and machine tools - definitions. (1) (a) The following shall be exempt from taxation under the provisions of part 1 of this article:

(I) (Deleted by amendment, L. 2004, p. 1022, § 2, effective July 1, 2004.)

(II) Except as allowed in section 39-30-106, on or after July 1, 1996, purchases of machinery or machine tools, or parts thereof, in excess of five hundred dollars to be used in Colorado directly and predominantly in manufacturing tangible personal property, for sale or profit, including any machinery or machine tools purchased by a business listed in the inventory prepared by the department of public health and environment pursuant to section 30-20-122 (1)(a)(V), C.R.S.; and

(III) (Deleted by amendment, L. 2008, p. 1323, § 8, effective May 27, 2008.)

(IV) Purchases of machinery and machine tools, or parts thereof, used in the production of electricity in a facility for which a long-term power purchase agreement was fully executed between February 5, 2001, and November 7, 2006, whether or not such purchases are capitalized or expensed.

(b) A parent corporation and all closely held subsidiary corporations, as defined in section 39-26-102 (10)(k), shall be considered one person for the purposes of this section and, as a group, shall be subject to the provisions of paragraph (a) of this subsection (1).

(c) As used in this subsection (1):

(I) "Long-term power purchase agreement" means an agreement executed between one or more independent power producers and a provider of retail electric service for a term of no less than ten years, pursuant to which the independent power producer or producers agree to sell all of the production offered for sale from a particular power generation facility for a specified price over a specified term.

(II) "Machinery" means any apparatus consisting of interrelated parts used to produce an article of tangible personal property. The term includes both the basic unit and any adjunct or attachment necessary for the basic unit to accomplish its intended function.

(III) "Manufacturing" means the operation of producing a new product, article, substance, or commodity different from and having a distinctive name, character, or use from raw or prepared materials, including the processing of recovered materials.

(III.5) (A) "Recovered materials" means those materials that have been separated, diverted, or removed from the waste stream for the purpose of remanufacturing, reuse, or recycling or, as allowed by subsection (1)(c)(III.6) of this section, those materials that have been derived from scrap metal or end-of-life-cycle metals for remanufacturing, reuse, or recycling into new metal stock that meets applicable standards for metal commodities sales.

(B) As used in this subsection (1)(c)(III.5), "applicable standards" means standards for recycled commodities recognized by the institute of scrap recycling industries.

(III.6) "Scrap metal processor" means any person who is engaged in the business of processing scrap metals who, from a fixed location, utilizes machinery and equipment for manufacturing ferrous and nonferrous metallic scrap into prepared grades and whose principal product is metallic scrap. The following items are exempt when purchased by a scrap metal processor and used in manufacturing prepared grade recycled metals: Mobile metal shears, stationary metal shears, metal shredders, conveyors used to move metal scrap or stock, loaders utilized to load metal scrap or stock, bailers to bundle metal stock, material handlers utilized for metal scrap or metal stock, excavators, magnets, grapples and torches utilized to break down metal scrap, and all other equipment directly used predominantly in the manufacturing of commodity grade recycled metals.

(IV) "Specified price" means a price set by a long-term power purchase agreement that is not dependent on either the cost of production or the market price of electricity; except that a specified price may provide for a percentage increase over time so long as the percentage increase is specified in the original long-term power purchase agreement and is also not dependent on either the cost of production or the market price of electricity.

(d) For purposes of this subsection (1), direct use in manufacturing is deemed to begin for items normally manufactured from inventoried raw material at the point at which raw material is moved from plant inventory on a contiguous plant site and to end at a point at which manufacturing has altered the raw material to its completed form, including packaging, if required. Machinery used during the manufacturing process to move material from one direct production step to another in a continuous flow and machinery used in testing during the manufacturing process is deemed to be directly used in manufacturing.

(e) In order to qualify for the exemption provided in this subsection (1), a purchase shall be of such nature that it would have qualified for the investment tax credit against federal income tax as was provided by section 38 of the federal "Internal Revenue Code of 1954", as amended.

(f) An exemption may not be claimed under this section for sales tax paid in another state that is credited against Colorado sales tax or use tax or both.

(g) Unless the department of revenue determines pursuant to section 39-26-730 (2) that the declaration can be consolidated with another form or eliminated, to receive an exemption under this subsection (1), a declaration of entitlement shall be filed by the purchaser with the vendor of the machinery or machine tools, or parts thereof, and with the executive director of the department.

(2) Effective July 1, 1979, the storage, use, or consumption of machinery or machine tools, or parts thereof, exempt from sales tax by subsection (1) of this section shall be exempt from taxation under the provisions of part 2 of this article.
C.R.S. § 39-8-104 — CO Code / Title 39 / Article 8 / Section 39-8-104
39-8-104. Notice of meeting
Status: repealed

39-8-104. Notice of meeting. (1) Except as provided in subsection (2) of this section, prior to July 1 of each year, the county clerk and recorder shall give notice in at least one issue of a newspaper published in the assessor's county that beginning on July 1, the county board of equalization will sit in the county's regular public meeting location or other appropriate public meeting place to review the assessment roll of all taxable property located in the county, as prepared by the assessor, and to hear appeals from determinations of the assessor.

(2) (a) Prior to a date established by the county board of equalization, but no later than September 1, the county clerk and recorder in a county that has made an election pursuant to section 39-5-122.7 (1) shall give notice in at least one issue of a newspaper published in his or her county that beginning such date the county board of equalization will sit in the county's regular public meeting location or other appropriate public meeting place to review the assessment roll of all taxable property located in the county, as prepared by the assessor, and to hear appeals from determinations of the assessor.

(b) Prior to August 1, 2017, and prior to each August 1 thereafter, the county clerk and recorder shall give notice in at least one issue of a newspaper published in his or her county of any date or dates between August 1 and September 1 on which the county commissioners, sitting as the county board of equalization, shall hear contests of property tax exemption denials as required by section 39-3-206 (2).

(2.5) Repealed.

(3) If there is no newspaper, then such notice shall be conspicuously posted in the offices of the county clerk and recorder, the treasurer, and the assessor and in at least two other public places in the county seat.
C.R.S. § 39-30-109 — CO Code / Title 39 / Article 30 / Section 39-30-109
39-30-109. Repeal of article
Status: repealed

39-30-109. Repeal of article. (Repealed)
C.R.S. § 39-21-105 — CO Code / Title 39 / Article 21 / Part 1 / Section 39-21-105
39-21-105. Appeals
Status: in_force

39-21-105. Appeals. (1) The taxpayer may appeal the final determination of the executive director issued pursuant to section 39-21-103, 39-21-104, or 39-21-104.5 within thirty days after the mailing of such determination. Jurisdiction to hear and determine such appeals is in the district courts of this state.

(2) (a) Venue is in the district court of the county where the taxpayer resides or has his or her principal place of business. If the taxpayer has neither a residence nor a principal place of business within the state, venue is in the Denver district court.

(b) The district court shall try the case de novo, reviewing all questions of law and fact, such review being conducted in accordance with the Colorado rules of civil procedure. The taxpayer shall present his or her case in the same manner as the plaintiff in other civil actions and the normal rules of evidence shall apply. The taxpayer has the burden of proof with respect to the issues raised in the written notice described in subsection (3) of this section except as to the issue of whether the taxpayer has been guilty of fraud with intent to evade tax. The burden of proof is on the executive director of the department of revenue or his or her delegate to show that a petitioner is liable as a transferee of property of a taxpayer but not to show that the taxpayer was liable for the tax. The district court may affirm, modify, or reverse the determination of the executive director and may enter judgment on its findings.

(3) A taxpayer appeals a final determination of the executive director by filing, with the clerk of the district court of the proper county, a copy of the notice of final determination received by the taxpayer, together with a written notice stating that the taxpayer appeals to the district court and alleging the pertinent facts upon which such appeal is grounded.

(4) Within fifteen days after filing an appeal to the district court from a decision pursuant to section 39-21-104.5, the taxpayer shall file with the district court a surety bond in twice the amount of the taxes, interest, and other charges stated as due in the final determination by the executive director which are contested on appeal. The taxpayer may, at his or her option, satisfy the surety bond requirement by deposit in a savings account or deposit account held in, or purchase a certificate of deposit issued by, a state or national bank or by a state or federal savings and loan association, in accordance with the provisions of section 11-35-101 (1), C.R.S., an amount equal to twice the amount of the taxes, interest, and other charges stated as due in the final determination by the executive director.

(5) Any taxpayer may, at his or her option, deposit the disputed amount with the executive director of the department of revenue within fifteen days after filing an appeal to the district court. If such amount is so deposited, no further interest accrues on the deficiency contested during the pendency of the action. At the conclusion of the action, after appeal to the supreme court or the court of appeals or after the time for such appeal has expired, the funds deposited must be, at the direction of the court, either retained by the executive director and applied against the deficiency or returned in whole or in part to the taxpayer with interest at the rate imposed under section 39-21-110.5. The taxpayer does not need to make a claim for refund of amounts deposited with the executive director of the department of revenue in order for such amounts to be repaid in accordance with the direction of the court.

(6) Upon filing of the written notice described in subsection (3) of this section, the executive director of the department of revenue is deemed to be a party to the appeal, and the clerk of the district court shall docket the cause as a civil action. The appellant shall cause summons to be issued and cause the same to be served upon the executive director, in accordance with the manner provided by law in civil cases. Notice of the date of trial must be mailed to the taxpayer and to the executive director, at least twenty days before the date of the trial.

(7) The final decision made in an appeal of an executive director's final determination must be entered as a judgment, as in other civil cases, against the taxpayer or against the executive director as the case may be.

(8) (a) The decision of the district court is reviewable by the supreme court or the court of appeals as is otherwise provided by law; except that C.R.C.P. 62 (d) and C.R.C.P. 121 section 1-23 shall not apply. Except as provided in paragraph (b) of this subsection (8), if the taxpayer wishes to seek review of a district court ruling that is adverse to the taxpayer in part or in whole, no later than fifteen days after the ruling the taxpayer shall:

(I) File with the district court a surety bond in twice the amount of the taxes, interest, and other charges stated as due in the district court ruling, which are contested on appeal;

(II) Deposit in a savings account or deposit account held in, or purchase a certificate of deposit issued by, a state or national bank or by a state or federal savings and loan association, in accordance with the provisions of section 11-35-101 (1), C.R.S., an amount equal to twice the amount of the taxes, interest, and other charges stated in the district court ruling; or

(III) Deposit the amount stated as due in the district court ruling with the executive director.

(b) If the taxpayer has posted a bond, made a deposit, or deposited the disputed amount with the executive director as specified in subsections (4) and (5) of this section, such previous payment or posting is continued in effect and no further payment or posting may be required.

(c) Upon the taxpayer fulfilling the appeal requirements specified in paragraph (a) of this subsection (8), collection on the judgment is stayed during the pendency of the action.

(d) If the taxpayer deposits the amount stated as due in the district court ruling with the executive director as specified in subparagraph (III) of paragraph (a) of this subsection (8), no further interest shall accrue on the amount deposited during the pendency of the action. At the conclusion of the action, after appeal to the supreme court or after the time for such appeal has expired, the funds deposited must be, at the direction of the court, either retained by the executive director and applied against the deficiency or returned in whole or in part to the taxpayer with interest at the rate imposed under section 39-21-110.5. The taxpayer does not need to make a claim for refund of amounts deposited with the executive director in order for such amounts to be repaid in accordance with the direction of the court.
C.R.S. § 39-1.5-106 — CO Code / Title 39 / Article 1.5 / Section 39-1.5-106
39-1.5-106. Relationship between prepaid taxes and the limitation on local government levies
Status: in_force

39-1.5-106. Relationship between prepaid taxes and the limitation on local government levies. In determining the amount of revenue which a local government is allowed to levy under section 29-1-301, C.R.S., prepayments made under this article shall not be deemed property tax revenue in the year of prepayment; however, tax liability against which a credit is to be allowed shall be deemed property tax revenue attributable to increased valuation for new construction or bond revenue in accordance with section 29-1-302, C.R.S., in the year in which a credit is to be allowed.
C.R.S. § 39-11-149 — CO Code / Title 39 / Article 11 / Section 39-11-149
39-11-149. Sales en masse valid
Status: in_force

39-11-149. Sales en masse valid. If two or more noncontiguous lots, tracts of land, or mining claims or portions thereof have not been separately valued and assessed or, having been separately valued and assessed, whether having a common ownership or not, have had tax liens thereof sold en masse for a gross sum for the nonpayment of taxes and charges thereon, then, after seven years from the date of any such sale, such assessment and sale and any tax sale certificate issued thereon shall be deemed valid and legal and shall be so considered in all actions, suits, or proceedings in which is involved the validity of any such assessment, sale, tax sale certificate, or treasurer's deed issued thereon. There is excepted from this section any such action, suit, or proceeding pending on August 1, 1964, wherein any party thereto has or may assert the invalidity of any such assessment, sale, tax sale certificate, or treasurer's deed. Nothing in this section shall be construed to alter, amend, or repeal section 39-11-148.
C.R.S. § 39-22-5303 — CO Code / Title 39 / Article 22 / Part 53 / Section 39-22-5303
39-22-5303. Contributions credited to Feeding Colorado fund - creation - appropriation
Status: in_force

39-22-5303. Contributions credited to Feeding Colorado fund - creation - appropriation. (1) The department of revenue shall determine annually the total amount designated pursuant to section 39-22-5302 and shall report that amount to the state treasurer and to the general assembly. The state treasurer shall credit that amount to the Feeding Colorado fund, which fund is hereby created in the state treasury. All interest derived from the deposit and investment of money in the fund shall be credited to the fund.

(2) The general assembly shall appropriate annually from the Feeding Colorado fund to the department of revenue its costs of administering money designated as contributions to the fund. After subtracting the appropriation to the department, the state treasurer shall transfer all money remaining in the fund at the end of the fiscal year to Feeding Colorado.
C.R.S. § 39-22-537 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-537
39-22-537. Credit for personal property taxes paid - legislative declaration - definitions
Status: repealed

39-22-537. Credit for personal property taxes paid - legislative declaration - definitions - repeal. (Repealed)
C.R.S. § 39-5-113.3 — CO Code / Title 39 / Article 5 / Part 1 / Section 39-5-113.3
39-5-113.3. Oil and gas drilling rigs - apportionment of value
Status: in_force

39-5-113.3. Oil and gas drilling rigs - apportionment of value. (1) As soon after the assessment date as may be practicable, the assessor shall determine those oil or gas drilling rigs that were operating, stored, or maintained in the county during the preceding calendar year and shall mail or deliver two copies of a declaration to the place of business or drilling operation or to the residence of each person known or believed to own such rigs, or to the agent of such person. Such person or his agent shall list in such declaration all oil or gas drilling rigs owned by him, or in his possession, or under his control that were located in said county during the previous calendar year, attaching thereto the drilling logs of the respective rigs showing their various locations and corresponding dates. In addition, such person or his agent shall provide to the assessor of the first county in Colorado listed on each rig's log an inventory of that rig's equipment sufficient to determine a valuation for assessment. The original copy of the declaration shall be signed and returned to the assessor no later than the April 15 next following.

(2) The assessor, upon receiving such inventory and notification that his county was the first location of the rig in Colorado, shall determine its value and shall apportion such value between the counties in which the drilling rig was located during the preceding year and the districts thereof, in the proportion that the periods of time during which such equipment was located or maintained in such counties bear to the full calendar year. On or before June 15, the assessor shall furnish a copy of such valuation and apportionment to the owner of such equipment or to his agent and shall also transmit a copy thereof to the assessor of each county affected, together with a copy of the drilling log for that rig. For purposes of making such apportionment, the valuation of the oil or gas drilling rig made by the assessor of the first Colorado county on the log shall be used by all county assessors involved. In the subsequent counties, the assessor shall accept the returned declaration with the rig's name and location data as a proper filing.

(3) The values so apportioned shall be included in the affected counties' abstracts of assessment filed pursuant to section 39-5-123.

(4) This section shall apply to the apportionment of value of oil or gas drilling rigs and not the provisions of section 39-5-113.

(5) For purposes of this section "oil and gas drilling rigs" shall be defined by the property tax administrator pursuant to section 39-2-109 (1)(e), which definitions shall be uniform and consistent throughout the state.
C.R.S. § 39-22-626 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-626
39-22-626. Applicability of amendments to this article to income tax years
Status: in_force

39-22-626. Applicability of amendments to this article to income tax years. For purposes of determining the applicability of any addition to, modification of, or deletion from this article, an income tax year which varies from a fifty-two to a fifty-three week period shall be deemed to have commenced on the first day of the calendar month beginning nearest to the first day of the fifty-two or fifty-three week year.
C.R.S. § 39-22-5101 — CO Code / Title 39 / Article 22 / Part 51 / Section 39-22-5101
39-22-5101. Legislative declaration
Status: in_force

39-22-5101. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) The program allowing taxpayers to make donations to charitable organizations through their Colorado state individual income tax return forms, commonly known as the "tax check-off program", has been a groundbreaking and profoundly important effort that has touched countless lives in myriad ways;

(b) Colorado's tax check-off program, which was the first of its kind in the country, was established in 1977 and has resulted in over thirty million dollars contributed to benefit the public through the work of Colorado nonprofit entities, inspiring similar programs in almost every state in the country;

(c) In fiscal year 2017, Colorado taxpayers received over one billion dollars in income tax refunds. The average refund was approximately five hundred sixty dollars.

(d) Between January 1, 2017, and November 1, 2017, Coloradans gave over one million seven hundred thousand dollars to support programs through the voluntary contribution options on their individual income tax return forms;

(e) Increasing the number of charitable organizations that taxpayers may designate on their tax forms can expand charitable giving throughout the state;

(f) Charitable organizations help contribute to vibrant communities across the state;

(g) Allowing Colorado taxpayers to designate a registered charitable organization of their choosing through a write-in line on the individual income tax return form will allow charities to raise additional funds earlier in the year, and will increase choices for taxpayers who wish to donate all or part of their tax refunds; and

(h) A program allowing the designation of a registered charitable organization of a taxpayer's choosing through a write-in line on the individual income tax return form would also be the first of its kind in the country.

(2) It is the intent of the general assembly to provide Coloradans the opportunity to designate contributions to registered charitable organizations of their choosing by establishing the donate to a Colorado nonprofit fund, allowing taxpayers to make voluntary contributions from their tax refunds on their income tax return forms. The general assembly further intends that this process be efficient and convenient for taxpayers, nonprofits, and the department of revenue and therefore encourages the department and the secretary of state to use digital resources and formats that increase efficiency and reduce the risk of errors in implementing the fund.
C.R.S. § 39-22-1802 — CO Code / Title 39 / Article 22 / Part 18 / Section 39-22-1802
39-22-1802. Voluntary contribution designation - procedure - effective date
Status: in_force

39-22-1802. Voluntary contribution designation - procedure - effective date. For income tax years commencing on or after January 1, 2019, the Colorado state individual income tax return form must contain a line whereby each individual taxpayer may designate the amount of the contribution, if any, the taxpayer wishes to make to the Special Olympics Colorado fund created in section 39-22-1803.
C.R.S. § 39-29-106 — CO Code / Title 39 / Article 29 / Section 39-29-106
39-29-106. Tax on the severance of coal
Status: repealed

39-29-106. Tax on the severance of coal. (1) In addition to any other tax, there shall be levied, collected, and paid for each taxable year a tax upon the severance of all coal in this state. Such tax shall be levied against every person engaged in the severance of coal. Subject to the exemption and credits authorized in subsections (2), (3), and (4) of this section, the rate of the tax shall be thirty-six cents per ton of coal.

(2) (a) Repealed.

(b) On and after July 1, 1999, but before January 1, 2026, no tax provided for in subsection (1) of this section is imposed on the first:

(I) Three hundred thousand tons of coal produced in each quarter of the 2021 taxable year;

(II) Two hundred forty thousand tons of coal produced in each quarter of the 2022 taxable year;

(III) One hundred eighty thousand tons of coal produced in each quarter of the 2023 taxable year;

(IV) One hundred twenty thousand tons of coal produced in each quarter of the 2024 taxable year; and

(V) Sixty thousand tons of coal produced in each quarter of the 2025 taxable year.

(c) Repealed.

(3) For taxable years commencing prior to January 1, 2026, there is allowed, as a credit against the tax imposed by subsection (1) of this section, an amount equal to the percentage set forth in subsection (3.5) of this section of such tax for coal produced from underground mines.

(3.5) The percentage for the credits allowed under subsections (3) and (4) of this section is equal to:

(a) Fifty percent for the 2021 taxable year;

(b) Forty percent for the 2022 taxable year;

(c) Thirty percent for the 2023 taxable year;

(d) Twenty percent for the 2024 taxable year; and

(e) Ten percent for the 2025 taxable year.

(4) For taxable years commencing prior to January 1, 2026, there is allowed, as an additional credit against the tax imposed by subsection (1) of this section, an amount equal to the percentage set forth in subsection (3.5) of this section of such tax for the production of lignitic coal, as such coal is classified by the American society for testing and materials (ASTM) in their D 388 standard for the classification of coals by rank.

(5) For every full one and one-half percent change in the index of producers' prices for all commodities prepared by the bureau of labor statistics of the United States department of labor, the tax rate provided in subsection (1) of this section shall be increased or decreased one percent. The executive director shall determine such adjustments to the rate of tax based upon changes in the index of producers' prices from the level of such index as of January, 1978, to the level of such index as of the last month of the quarter immediately preceding the quarter for which any taxes are due.
C.R.S. § 39-26-721 — CO Code / Title 39 / Article 26 / Part 7 / Section 39-26-721
39-26-721. Manufactured homes and tiny homes
Status: in_force

39-26-721. Manufactured homes and tiny homes. (1) Forty-eight percent of the purchase price of a manufactured home, as defined in section 42-1-102 (48.8), is exempt from taxation under part 1 of this article 26; except that the entire purchase price in any subsequent sale of such a manufactured home, after it has been once subject to the payment of sales tax by virtue of section 39-26-113, is exempt from taxation under part 1 of this article 26.

(2) The storage, use, or consumption of a manufactured home, as defined in section 42-1-102 (48.8), after the manufactured home has been once subject to the payment of use tax by virtue of section 39-26-208, is exempt from taxation under part 2 of this article 26.

(3) (a) Prior to January 1, 2025, the sale, storage, usage, or consumption of a manufactured home, as defined in section 39-1-102 (7.8), or a tiny home, as defined in section 24-32-3302 (35), is exempt from taxation under parts 1 and 2 of this article 26.

(b) On and after January 1, 2025, the sale, storage, usage, or consumption of a manufactured home, as defined in section 39-1-102 (7.8), a modular home, as defined in section 39-1-102 (8.3), a tiny home, as defined in section 24-32-3302 (35), or any closed panel system utilized in construction of a factory-built residential structure, as defined in section 24-32-3302 (10), is exempt from taxation under parts 1 and 2 of this article 26.
C.R.S. § 39-6-107 — CO Code / Title 39 / Article 6 / Section 39-6-107
39-6-107. Valuation of improvements - machinery
Status: in_force

39-6-107. Valuation of improvements - machinery. All machinery and equipment and personal property shall be listed on a personal property schedule which shall be submitted as set forth in section 39-5-107 and valued for assessment by the assessor. Improvements, except mining improvements within a mine excavation, shall be listed separately and valued for assessment by the assessor.
C.R.S. § 39-22-343 — CO Code / Title 39 / Article 22 / Part 3 / Section 39-22-343
39-22-343. Election
Status: in_force

39-22-343. Election. (1) (a) Notwithstanding sections 39-22-201, 39-22-302, and 39-22-322, and except as provided in subsection (2) of this section, for income tax years commencing on or after January 1, 2018, an S corporation or partnership may annually elect to be subject to tax at the entity level for the taxable period.

(b) Except as set forth in subsection (1)(c)(I) of this section, the S corporation or partnership shall make the election on the return filed by such S corporation or partnership under section 39-22-601. The filing of a return filed under section 39-22-601 or subsection (1)(c)(I) of this section is binding on all electing pass-through entity owners.

(c) (I) For income tax years commencing on or after January 1, 2018, but prior to January 1, 2022, the S corporation or partnership must make the election on or after September 1, 2023, but before July 1, 2024, in a composite amended tax return for all of the years for which the election is made that is filed on behalf of the S corporation or partnership and all of the electing pass-through entity owners. The department of revenue shall establish the return, which shall not include any changes to the past returns other than those that are directly related to the election. The provisions of sections 39-21-107 (2) and 39-21-108 (1) shall not apply to the payment or refund of the tax made pursuant to the return.

(II) Notwithstanding any other provision of law, if an S corporation or partnership files a return specified in subsection (1)(c)(I) of this section, neither the S corporation or partnership nor the electing pass-through entity owners shall incur any penalties for filing late nor owe interest on such amounts, and the department shall not be required to pay penalties or interest on any amounts owed to the taxpayers.

(III) Notwithstanding the dates provided in subsection (1)(c)(I) of this section, the department shall have one year from the date the composite amended tax return is filed to review the return and make a written proposed adjustment in accordance with section 39-21-103. The department must make any assessment within one year after a final determination is made under section 39-21-103 (8). Any final determination made as specified in this subsection (1)(c)(III) may be enforced at any time within six years from the date of the final determination.

(2) The election allowed under subsection (1) of this section is only allowed in an income tax year where there is a limitation on the deductions allowed to individuals under section 164 of the internal revenue code.
C.R.S. § 39-21-119 — CO Code / Title 39 / Article 21 / Part 1 / Section 39-21-119
39-21-119. Filing with executive director - when deemed to have been made
Status: in_force

39-21-119. Filing with executive director - when deemed to have been made. (1) (a) Any report, claim, tax return, statement, or other document required or authorized to be filed with or any payment made to the executive director that is transmitted through the United States mail is deemed filed with and received by the executive director on the date shown by the cancellation mark stamped on the envelope or other wrapper containing the document required to be filed.

(b) Any such document which is mailed, but not received by the executive director, or is received and the cancellation mark is not legible, or is erroneous or omitted shall be deemed to have been filed and received on the date it was mailed if the sender establishes by competent evidence that the document was deposited in the United States mails on or before the date due for filing. In such cases of nonreceipt of a document by the executive director, the sender shall file a duplicate copy thereof within thirty days after written notification is given to the sender by the executive director of the failure to receive such document.

(2) If any report, claim, tax return, statement, remittance, or other document is sent by United States registered mail, certified mail, or certificate of mailing, a record authenticated by the United States postal service of such registration, certification, or certificate shall be considered competent evidence that the report, claim, tax return, statement, remittance, or other document was mailed to the executive director, to the state officer or state agency to which it was addressed, and the date of the registration, certification, or certificate shall be deemed to be the postmark date.

(3) If the date for filing any report, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day.

(4) The date of receipt of returns or other documents made, filed, signed, subscribed, verified, transmitted, received, or stored under the alternative methods provided in sections 39-21-119.5 and 39-21-120 are determined pursuant to rules and regulations adopted by the executive director pursuant to section 39-21-112 (1).
C.R.S. § 39-26-110 — CO Code / Title 39 / Article 26 / Part 1 / Section 39-26-110
39-26-110. Retailer - multiple locations
Status: repealed

39-26-110. Retailer - multiple locations. (Repealed)
C.R.S. § 39-3-135 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-135
39-3-135. Taxation of exempt property - taxes not to become lien
Status: repealed

39-3-135. Taxation of exempt property - taxes not to become lien. (Repealed)
C.R.S. § 39-11-136 — CO Code / Title 39 / Article 11 / Section 39-11-136
39-11-136. Treasurer to execute deed - effect
Status: in_force

39-11-136. Treasurer to execute deed - effect. (1) The deed shall be signed by the treasurer in his official capacity and when so signed shall vest in the purchaser all the right, title, interest, and estate of the former owner in and to the land conveyed and also all right, title, interest, and claim of the state and county thereto. Such deed may be acknowledged in the same manner as other deeds to real estate and, if so acknowledged and recorded in the proper county, shall be prima facie evidence of the following facts:

(a) That the real property conveyed was subject to taxation for the year or years stated in the deed;

(b) That the taxes were not paid at any time before the sale;

(c) That the real property conveyed had not been redeemed from the sale at the date of the deed;

(d) That the property had been listed and assessed at the time and in the manner required by law;

(e) That the taxes were levied according to law;

(f) That the tax lien on said property was advertised for sale in the manner and for the length of time required by law;

(g) That the tax lien on said property was sold for delinquent taxes as stated in the deed;

(h) That the grantee named in the deed was the purchaser, or the heir at law, or the assignee of such purchaser;

(i) That the sale was conducted in the manner required by law;

(j) That the deed was properly signed, acknowledged, and delivered by the treasurer.

(2) All the right, title, interest, and estate conveyed by any such deed executed before August 1, 1964, by the treasurer shall be deemed to have vested in the purchaser at the time such deed was signed by the treasurer in his official capacity.

(3) Execution of a deed pursuant to this section shall not affect the existence of any public or private roads, rights-of-way, conservation easements, other easements, or equitable servitudes that run with land and have both benefits and burdens, all as claimed or existing prior to the execution of such deed.
C.R.S. § 39-22-2003 — CO Code / Title 39 / Article 22 / Part 20 / Section 39-22-2003
39-22-2003. State sales tax refund - offset against state income tax - qualified individuals
Status: repealed

39-22-2003. State sales tax refund - offset against state income tax - qualified individuals - definitions. (1) (a) For purposes of this section, "qualified individual" means:

(I) A natural person who is domiciled in this state for the entire taxable year commencing January 1 and ending December 31 of such taxable year and who has state income tax liability under section 39-22-104 for the taxable year or who files a Colorado individual income tax return to claim a refund of Colorado income tax withheld from wages for that tax year;

(II) A natural person who is domiciled in this state for the entire taxable year commencing January 1 and ending December 31 of such taxable year and who is at least eighteen years of age as of December 31 of the taxable year preceding such taxable year;

(III) A natural person who died during the taxable year commencing January 1 and ending December 31, who was domiciled in this state from January 1 of the taxable year until the date of death, and whose estate or spouse has state income tax liability under section 39-22-104 for the taxable year or whose estate or spouse files a Colorado income tax return to claim a refund of Colorado income tax withheld from wages for that tax year; or

(IV) A natural person who died during the taxable year commencing on January 1 and ending December 31, who was domiciled in this state from January 1 of the taxable year until the date of death, and who was at least eighteen years of age as of December 31 immediately prior to that taxable year.

(b) "Qualified individual" does not include:

(I) Any natural person who was convicted of a felony and who served a sentence of incarceration in a correctional facility operated by or under contract with the department of corrections or the federal bureau of prisons for a total of one hundred eighty days or more during the fiscal year ending during the taxable year, regardless of whether such person meets the qualifications set forth in subsection (1)(a) of this section.

(II) and (III) Repealed.

(1.5) For purposes of this section, "adjusted gross income" means:

(a) For the taxable year commencing on January 1, 1999, and ending December 31, 1999, and for the taxable year commencing on January 1, 2000, and ending December 31, 2000, the combined total of:

(I) Federal adjusted gross income; and

(II) Social security benefits excluded from federal adjusted gross income for the tax year.

(b) For the taxable year commencing on January 1, 2001, and ending December 31, 2001, and for each subsequent taxable year thereafter, the combined total of:

(I) Federal adjusted gross income;

(II) Social security benefits excluded from federal adjusted gross income for the tax year; and

(III) Repealed.

(IV) The amount of interest income from state and local bonds added to federal taxable income pursuant to section 39-22-104 (3)(b).

(1.7) As used in this section, unless the context otherwise requires:

(a) "Excess state revenues" has the same meaning as set forth in section 39-22-2002 (3).

(b) "Identical refund threshold" has the same meaning as set forth in section 39-22-2002 (3.5).

(2) With respect to the taxable year commencing on January 1, 1999, and ending December 31, 1999, and for each subsequent taxable year, there is allowed to each qualified individual a state sales tax refund in an amount specified in subsection (3) of this section to be claimed in the manner specified in subsection (4) of this section if there were excess state revenues for the fiscal year ending in that tax year.

(3) The amount of the refund allowed under this section is as follows:

(a) For a qualified individual filing a single return or for a qualified individual filing a joint return with an individual who is not qualified, the amount of the identical individual sales tax refund calculated pursuant to section 39-22-2002 (2) or (5)(a) if the amount of such identical individual refund is less than or equal to the identical refund threshold;

(b) For any two qualified individuals filing a joint return, double the amount of the identical individual sales tax refund calculated pursuant to section 39-22-2002 (2) or (5)(a) if the amount of such identical individual refund is less than or equal to the identical refund threshold;

(c) For a qualified individual filing a single return or for a qualified individual filing a joint return with an individual who is not qualified, if the amount of the identical individual sales tax refund calculated pursuant to section 39-22-2002 (2) or (5)(a) exceeds the identical refund threshold:

(I) If the qualified individual's adjusted gross income for the tax year is less than or equal to twenty-five thousand dollars, the refund is an amount equal to the amount of excess state revenues required to be refunded pursuant to subsection (1) of this section, multiplied by twenty-five percent, divided by the estimated number of said qualified individuals expected to claim the credit for that taxable year;

(II) If the qualified individual's adjusted gross income for the tax year is greater than twenty-five thousand dollars but not more than fifty thousand dollars, the refund is an amount equal to the amount of excess state revenues required to be refunded pursuant to subsection (1) of this section, multiplied by twenty-three percent, divided by the estimated number of said qualified individuals expected to claim the credit for that taxable year;

(III) If the qualified individual's adjusted gross income for the tax year is greater than fifty thousand dollars but not more than seventy-five thousand dollars, the refund is an amount equal to the amount of excess state revenues required to be refunded pursuant to subsection (1) of this section, multiplied by nineteen percent, divided by the estimated number of said qualified individuals expected to claim the credit for that taxable year;

(IV) If the qualified individual's adjusted gross income for the tax year is greater than seventy-five thousand dollars but not more than one hundred thousand dollars, the refund is an amount equal to the amount of excess state revenues required to be refunded pursuant to subsection (1) of this section, multiplied by twelve percent, divided by the estimated number of said qualified individuals expected to claim the credit for that taxable year;

(V) If the qualified individual's adjusted gross income for the tax year is greater than one hundred thousand dollars but not more than one hundred twenty-five thousand dollars, the refund is an amount equal to the amount of excess state revenues required to be refunded pursuant to subsection (1) of this section, multiplied by six percent, divided by the estimated number of said qualified individuals expected to claim the credit for that taxable year;

(VI) If the qualified individual's adjusted gross income for the tax year is greater than one hundred twenty-five thousand dollars, the refund is an amount equal to the amount of excess state revenues required to be refunded pursuant to subsection (1) of this section, multiplied by fifteen percent, divided by the estimated number of said qualified individuals expected to claim the credit for that taxable year;

(d) For two qualified individuals filing a joint return, if the amount of the identical individual sales tax refund calculated pursuant to section 39-22-2002 (2) or (5)(a) exceeds the identical refund threshold, the amount of the refund is based upon the aggregate adjusted gross income of the qualified individuals and is an amount equal to double the amount of the refund allowed under paragraph (c) of this subsection (3) for such aggregate income amount.

(4) (a) The amount of the refund allowed under subsection (2) of this section for the taxable year commencing January 1, 2000, and ending December 31, 2000, and for each subsequent taxable year, shall be the same as provided in subsection (3) of this section; except that, for each such taxable year, the executive director shall adjust:

(I) The amount of adjusted gross income, to the nearest thousand dollars, for each income classification such that the percentage of all qualified individuals who are expected to claim a refund under each income classification for such taxable year remains the same as the percentage of all qualified individuals who claimed a refund under such income classification for the 1999 tax year; and

(II) The amount of the refund allowed for each income classification such that the percentage of excess state revenues to be refunded to all qualified individuals for such income classification for such taxable year remains the same as the percentage of excess state revenues refunded to all qualified individuals for such income classification for the 1999 tax year.

(b) In calculating income classifications or the amount of refund allowed for a given income classification in accordance with the provisions of this section, the executive director shall use the most recent estimate of general fund revenues for the applicable taxable year prepared by the staff of the legislative council of the general assembly.

(5) (a) (I) A qualified individual as defined in subsection (1)(a)(I) or (1)(a)(III) of this section may claim a refund allowed by this section by filing an income tax return with the department of revenue no later than October 15 of the calendar year following the taxable year for which the refund is being claimed, in compliance with the provisions of this article 22.

(II) Repealed.

(III) The department of revenue shall not allow said refund claimed on any income tax return not filed in compliance with the provisions of this article. In no event shall the refund claimed by a qualified individual as defined in subparagraph (I) or (III) of paragraph (a) of subsection (1) of this section on any income tax return be:

(A) Disallowed if said return is filed on or before October 15 of the calendar year following the tax year for which the refund is being claimed; and

(B) Allowed if said return is filed after October 15 of the calendar year following the tax year for which the refund is being claimed.

(b) A qualified individual as defined in subsection (1)(a)(II) or (1)(a)(IV) of this section may claim a refund allowed by this section by filing an income tax return for the taxable year for which the refund is allowed with the department of revenue no later than October 15 of the calendar year following the tax year for which the refund is being claimed.

(c) (I) Notwithstanding any provision of subsection (5)(b) of this section to the contrary, a qualified individual as defined in subsection (1)(a)(II) or (1)(a)(IV) of this section who claims a property tax or heat or fuel assistance grant pursuant to section 39-31-101 may claim a refund authorized by this section on the assistance grant application form described in section 39-31-102 (2). Claiming a refund on such assistance grant application form is in lieu of claiming the refund on an income tax return pursuant to subsection (5)(b) of this section. Any refund claimed pursuant to this subsection (5)(c) must be claimed on or before October 15 of the calendar year following the tax year for which the refund is being claimed.

(II) The department of revenue shall not allow a refund authorized by this section that is claimed on an assistance grant application form if:

(A) The assistance grant application form is filed after October 15 of the calendar year following the tax year for which the refund is being claimed; or

(B) The qualified individual has claimed the refund authorized by this section on an income tax form filed in accordance with subsection (5)(b) of this section for the tax year for which the refund is allowed.

(6) Except as otherwise provided in this subsection (6), if the refund allowed under this section exceeds the income taxes otherwise due on the claimant's income, the amount of the refund shall be refunded to the claimant. The claimant may elect to carry forward the amount of the refund not used as an offset against income taxes or as an offset against subsequent years' income tax liability.

(7) In addition to any other penalties allowed by law, any person who claims but is not eligible to claim the refund allowed pursuant to this section shall be subject to the criminal penalties imposed pursuant to section 39-21-118, as applicable.

(8) and (9) Repealed.

(9.5) The provisions of section 39-21-108 (3) apply to the refund allowed pursuant to this part 20 in the same manner as an overpayment of tax.

(10) The department of corrections shall provide in a timely manner the information requested by the department of revenue necessary to identify the persons specified in subsection (1)(b) of this section. The information must be provided in the form requested by the department of revenue. The department of revenue shall maintain the confidentiality of any social security number received pursuant to this subsection (10).
C.R.S. § 39-22-205 — CO Code / Title 39 / Article 22 / Part 2 / Section 39-22-205
39-22-205. Limited liability company members
Status: repealed

39-22-205. Limited liability company members. (Repealed)
C.R.S. § 39-22-5505 — CO Code / Title 39 / Article 22 / Part 55 / Section 39-22-5505
39-22-5505. Filing requirements
Status: in_force

39-22-5505. Filing requirements. An owner of a qualified development to which a credit has been allocated and each qualified taxpayer to which such owner has allocated a portion of said credit, if any, shall file with their state income tax return a copy of the allocation certificate issued by the authority with respect to such development and a copy of the owner's certification to the department as to the allocation of the credit among the qualified taxpayers having ownership interests in the development.
C.R.S. § 39-27-304 — CO Code / Title 39 / Article 27 / Part 3 / Section 39-27-304
39-27-304. Provisions of agreements
Status: in_force

39-27-304. Provisions of agreements. (1) An agreement entered into under this part 3 may provide for:

(a) Defining the classes of motor vehicles upon which taxes and fees are to be collected under the agreement;

(b) Establishing methods for base jurisdiction fuel tax licensing, license revocation, and tax and fee collection from motor carriers on behalf of the jurisdictions that are parties to the agreement;

(c) Establishing procedures for the granting of credits or refunds on the purchase of excess tax-paid and fee-paid fuel;

(d) Defining conditions and criteria relative to bonding requirements, including criteria for exemption from bonding;

(e) Establishing tax and fee reporting periods not to exceed one calendar quarter and tax and fee report due dates not to exceed one calendar month after the close of the reporting period;

(f) Penalties and interest for filing of tax and fee reports after the due dates prescribed by the agreement;

(g) Establishing procedures for the forwarding of fuel taxes, fees, penalties, and interest collected on behalf of another jurisdiction to such jurisdiction;

(h) Record-keeping requirements for licensees; and

(i) Any additional provisions which facilitate the administration of the agreement.
C.R.S. § 39-26-727 — CO Code / Title 39 / Article 26 / Part 7 / Section 39-26-727
39-26-727. Tribal exemption - motor vehicles - partial interest - definition - legislative
Status: in_force

39-26-727. Tribal exemption - motor vehicles - partial interest - definition - legislative declaration. (1) The general assembly hereby declares that on-reservation sales to the Ute Indian Tribes and tribal members are exempt from state and local sales and use tax under federal law and that the purpose of the tax exemption created in this section is to:

(a) Codify this exemption so that it generally reflects the department of revenue's interpretation of current law;

(b) Ensure consistent application of the state tax and applicable Indian taxation rules;

(c) Provide guidance for tribes, tribal members, vendors, and the department of revenue; and

(d) Continue the department of revenue's practice of not requiring the delivery of a motor vehicle for the exemption to apply.

(2) As used in this section, with respect to a particular sale to a tribe or tribal member, "reservation" means either the Southern Ute Indian Reservation or the Reservation of the Ute Mountain Ute Tribe.

(3) (a) All sales of tangible personal property or services to the Southern Ute Indian Tribe, Ute Mountain Ute Tribe, or an enrolled member of either tribe, are exempt from taxation under part 1 of this article if the vendor is located:

(I) On a reservation; or

(II) Outside of a reservation but the property or service is delivered by the vendor and received by the tribe or the tribal member on a reservation.

(b) All sales of motor vehicles to the Southern Ute Indian Tribe or Ute Mountain Ute Tribe, or to an enrolled member of either tribe who resides on a reservation, are exempt from taxation under part 1 of this article if the motor vehicle is to be registered to an address on a reservation. A vendor may reasonably rely on a tribal member's certification of his or her enrolled membership status and residence.

(4) The storage, use, or consumption of tangible personal property or a service on a reservation that is exempt from sales tax pursuant to subsection (3) of this section is exempt from the use tax levied pursuant to part 2 of this article; except that this use tax exemption only applies to a motor vehicle that is registered to an address on a reservation.

(5) If the Southern Ute Indian Tribe, Ute Mountain Ute Tribe, or an enrolled member of either tribe has a partial or undivided interest in any type of legal entity, the exemptions created in this section apply to a sale of goods or services to such entity in proportion to the interest. To be eligible for the exemption, the tribe or tribal member must file a declaration with the department of revenue that identifies the entity, each tribe and tribal member that has an interest in the entity, and the amount of each interest.
C.R.S. § 39-24-107 — CO Code / Title 39 / Article 24 / Section 39-24-107
39-24-107. Powers of board
Status: in_force

39-24-107. Powers of board. The board has power to administer oaths, take testimony, subpoena and require the attendance of witnesses and the production of books, papers, and documents, and issue commissions to take testimony. Subpoenas may be signed by any member of the board. In case of failure to obey a subpoena, any judge of a court of record of this state, upon application by the board, may make an order requiring compliance with the subpoena, and the court may punish failure to obey the order as a contempt.
C.R.S. § 39-22-539 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-539
39-22-539. Credit for employer contributions to employee 529 qualified state tuition progra
Status: repealed

39-22-539. Credit for employer contributions to employee 529 qualified state tuition programs - legislative declaration - definitions - repeal. (1) The general assembly hereby finds and declares that the qualified state tuition savings program administered by collegeinvest helps empower families to save for higher education and enables residents to further educational opportunities and pursue professional goals. The purpose of this section is to provide an incentive for employers to help their employees enhance education savings goals by contributing directly to the employees' qualified state tuition program accounts administered by collegeinvest.

(2) As used in this section:

(a) "529 qualified state tuition program account" means a qualified state tuition program account established by collegeinvest created in section 23-3.1-203.

(b) "Employee" means any person in the employment of an employer for a salary or for hourly wages, whether full-time or part-time and whether temporary or permanent.

(c) "Employer" means any person doing business in the state.

(3) For income tax years commencing on or after January 1, 2019, but prior to January 1, 2032, if an employer makes a contribution of money to a 529 qualified state tuition program account owned by an employee during the income tax year, without regard to the named beneficiary of the account, then the employer is allowed a credit against the income taxes imposed by this article 22 in an amount equal to twenty percent of the contribution. The maximum total credit an employer may claim under this section for each employee in a taxable year is five hundred dollars.

(4) If the amount of the credit allowed in this section exceeds the amount of income taxes otherwise due on the employer's income in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in the current income tax year may be carried forward and used as a credit against subsequent years' income tax liability for a period not to exceed three years and must be applied first to the earliest income tax years possible. Any credit remaining after the period may not be refunded or credited to the employer.

(5) No later than January 1, 2019, and quarterly thereafter, collegeinvest shall provide the department with an electronic report containing information for 529 qualified state tuition program account holders, beneficiaries, and donors that the department determines is necessary for the administration of the credit allowed in this section. The report must include, but is not limited to:

(a) The name and social security number of the account holder of each 529 qualified state tuition program account;

(b) The name, date of birth, and social security number of the beneficiary of each 529 qualified state tuition program account; and

(c) Contribution data that contains the:

(I) Amount of each contribution;

(II) Date of each contribution; and

(III) Source of each contribution, including the social security number or federal employee identification number of the contributor.

(6) The department of revenue may seek, accept, and expend gifts, grants, or donations from private or public sources for the department's costs in administering the income tax credit allowed in this section. The department may expend money received through gifts, grants, or donations consistent with any terms and conditions imposed as a condition of receiving such money for administering the income tax credit allowed in this section within existing appropriations; except that, notwithstanding part 13 of article 75 of title 24, the general assembly may appropriate state funds to the department in the future to administer the income tax credit allowed in this section.

(7) This section is repealed, effective December 31, 2036.
C.R.S. § 39-5-118 — CO Code / Title 39 / Article 5 / Part 1 / Section 39-5-118
39-5-118. Failure to receive schedule - validity of valuation
Status: in_force

39-5-118. Failure to receive schedule - validity of valuation. No determination of the actual value of any taxable personal property made by the assessor shall be rendered invalid by reason of his failure to secure or receive the personal property schedule required to be completed and returned to him prior to his determination of such value.
C.R.S. § 39-28-108 — CO Code / Title 39 / Article 28 / Part 1 / Section 39-28-108
39-28-108. Penalty
Status: in_force

39-28-108. Penalty. (1) Any person, firm, limited liability company, partnership, or corporation or agent thereof who at retail sells or offers for sale, displays for sale, or possesses with intent to sell any cigarettes, the package of which does not bear the stamp, or an imprint or impression by a suitable metering machine approved by the department, evidencing the payment of the taxes imposed by this article and section 21 of article X of the state constitution, shall be punished as provided in section 39-21-118.

(2) (a) If a person neglects or refuses to make a return as required by this article, the executive director of the department shall impose a penalty of one hundred dollars.

(b) If a person fails to pay the tax in the time allowed for the discount in section 39-28-104 (1) or 39-28-103.3, a penalty equal to ten percent thereof plus one-half of one percent per month from the date when due, not to exceed eighteen percent in the aggregate, together with interest on such delinquent taxes at the rate computed under section 39-21-110.5, shall apply.

(c) In computing and assessing the penalty, penalty interest, and interest pursuant to paragraph (b) of this subsection (2), the executive director of the department may make an estimate, based upon such information as may be available, of the amount of taxes due for the period for which the taxpayer is delinquent.
C.R.S. § 39-26-804 — CO Code / Title 39 / Article 26 / Part 8 / Section 39-26-804
39-26-804. Repeal of part
Status: repealed

39-26-804. Repeal of part. This part 8 is repealed, effective July 1, 2026.
C.R.S. § 39-3-205 — CO Code / Title 39 / Article 3 / Part 2 / Section 39-3-205
39-3-205. Exemption applications - penalty for providing false information - confidentiali
Status: repealed

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.

(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).

(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. § 39-22-329 — CO Code / Title 39 / Article 22 / Part 3 / Section 39-22-329
39-22-329. Tax credits
Status: in_force

39-22-329. Tax credits. (1) For the purposes of section 39-22-108, each resident shareholder shall be considered to have paid a tax imposed on each resident shareholder in an amount equal to each resident shareholder's pro rata share of any net income tax paid by the S corporation to a state which does not measure the income of shareholders of an S corporation by reference to the income of the S corporation. For the purposes of this section, the term "net income tax" means any tax imposed on, or measured by, an S corporation's net income.

(2) Each shareholder of an S corporation shall be allowed a credit against the tax imposed by section 39-22-104 in an amount equal to each shareholder's pro rata share of the tax credits described in sections 39-30-103.5 to 39-30-105.6 earned by the S corporation.
C.R.S. § 39-30-107.6 — CO Code / Title 39 / Article 30 / Section 39-30-107.6
39-30-107.6. Parallel credits and refunds - insurance premium taxes
Status: in_force

39-30-107.6. Parallel credits and refunds - insurance premium taxes. (1) Any taxpayer who is subject to the tax on insurance premiums established by sections 10-3-209, 10-5-111, and 10-6-128, C.R.S., and who is therefore exempt from the payment of income tax and who is otherwise eligible to claim a credit or refund pursuant to this article may claim such credit or refund against such insurance premium tax to the same extent as the taxpayer would have been able to claim such credit or refund against income tax.

(2) For purposes of administering this section, any reference in this article to "income tax year" means the calendar year.
C.R.S. § 39-22-527 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-527
39-22-527. Agricultural value-added tax credit
Status: repealed

39-22-527. Agricultural value-added tax credit. (Repealed)
C.R.S. § 39-27-115 — CO Code / Title 39 / Article 27 / Part 1 / Section 39-27-115
39-27-115. Night deliveries
Status: repealed

39-27-115. Night deliveries. (Repealed)
C.R.S. § 39-3.5-118 — CO Code / Title 39 / Article 3.5 / Section 39-3.5-118
39-3.5-118. Emergency property tax deferral for depositors of troubled industrial banks
Status: repealed

39-3.5-118. Emergency property tax deferral for depositors of troubled industrial banks. (Repealed)
C.R.S. § 39-3-105 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-105
39-3-105. Public libraries - governments - school districts - exemption
Status: in_force

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. § 39-22-326 — CO Code / Title 39 / Article 22 / Part 3 / Section 39-22-326
39-22-326. Part-year residence
Status: in_force

39-22-326. Part-year residence. For the purposes of this subpart 2, if a shareholder of an S corporation is both a resident and a nonresident of this state during any taxable period, such shareholder's pro rata share of the S corporation's income attributable to the state and income not attributable to the state for the taxable period shall be further prorated between such shareholder's periods of residence and nonresidence during the taxable period, in accordance with the number of days in each period.
C.R.S. § 39-22-658 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-658
39-22-658. Material advisor - penalties
Status: in_force

39-22-658. Material advisor - penalties. (1) The penalty for the failure of a material advisor to disclose a reportable or listed transaction as required by section 39-22-656 (1)(a) shall be up to twenty thousand dollars.

(2) If a material advisor that is required to disclose a reportable or listed transaction in accordance with section 39-22-656 (1)(a) provides false or incomplete information to the department, then an additional penalty shall be imposed of up to twenty thousand dollars.

(3) If a material advisor that is required to maintain a list under section 39-22-657 (1) fails to make that list available to the department within a twenty-day period after the day on which the department mails a written request for that list, the material advisor shall be subject to a penalty of ten thousand dollars for each day that the material advisor fails to make that list available to the department after the expiration of the twenty-day period.

(4) A penalty imposed by this section shall be in addition to any other penalty imposed by articles 21 and 22 of this title.
C.R.S. § 39-26-404 — CO Code / Title 39 / Article 26 / Part 4 / Section 39-26-404
39-26-404. Repeal of part
Status: repealed

39-26-404. Repeal of part. This part 4 is repealed, effective December 31, 2029.
C.R.S. § 39-5-107 — CO Code / Title 39 / Article 5 / Part 1 / Section 39-5-107
39-5-107. Personal property schedule
Status: in_force

39-5-107. Personal property schedule. (1) All taxable personal property shall be listed on a form of schedule approved by the administrator and prepared and furnished by the assessor. Such schedule shall be so designed as to show the owner's name, address, social security number or federal employer identification number, and the location and general description of the owner's taxable personal property, divided into the various subclasses, and shall provide sufficient space for the furnishing of such information, derived from the books of account, records, or Colorado income tax returns of the owner of such property, as may be required by the assessor to determine the actual value of such property.

(2) There shall be subjoined to such schedule the following declaration:

"I declare, under the penalty of perjury in the second degree, that this schedule, together with any accompanying exhibits or statements, has been examined by me and to the best of my knowledge, information, and belief sets forth a full and complete list of all taxable personal property owned by me, or in my possession, or under my control, located in .... county, Colorado, on the assessment date of this year; that such property has been reasonably described and its value fairly represented; and that no attempt has been made to mislead the assessor as to its age, quality, quantity, or value.

........................ Owner

........................ Date

....................... Agent"
C.R.S. § 39-26-715 — CO Code / Title 39 / Article 26 / Part 7 / Section 39-26-715
39-26-715. Fuel and oil - definitions
Status: repealed

39-26-715. Fuel and oil - definitions. (1) (a) The following are exempt from taxation under the provisions of part 1 of this article:

(I) All commodities that are taxed under the provisions of article 27 of this title; and all commodities that are taxed under said provisions and the tax is refunded; and all sales and purchases of aviation fuel upon which no Colorado sales tax was in fact collected and retained prior to July 1, 1963; except that aviation fuel used in turbo-propeller or jet engine aircraft and upon which a sales tax was collected prior to January 1, 1989, shall not be exempt.

(II) On and after June 10, 2016, all sales and purchases of electricity, coal, wood, gas, fuel oil, or coke sold for residential use. Residential use is presumed when a utility company charges a residential utility rate and such utility company may conclusively rely on such presumption. For purposes of this subparagraph (II):

(A) "Gas" includes natural, manufactured, and liquefied petroleum gas.

(B) "Residence" means a separate dwelling in a multiunit apartment, condominium, townhouse, or mobile trailer home park, or a separate single-unit dwelling, that is either billed under a single utility meter or a master utility meter and either charged at a residential, commercial, or other nonresidential utility rate. "Residence" includes minor buildings associated with the residence that are billed under the residential utility meter, such as a shed, garage, or barn.

(C) "Residential use" means the use of electricity, coal, wood, gas, fuel oil, or coke for domestic purposes, including powering lights, refrigerators, stoves, water heaters, space heaters, air conditioners, or other domestic items that require power or fuel in a residence.

(III) All sales of dyed diesel.

(b) Based upon reports submitted by retailers pursuant to the provisions of part 1 of this article, the department of revenue shall compile a monthly report showing the amount of sales taxes collected on aviation fuel used in turbo-propeller or jet engine aircraft during the previous month by each retailer. The monthly report shall be transmitted to the aeronautics division created in section 43-10-103, C.R.S., for use by the division in distributing moneys in the aviation fund in accordance with section 43-10-110, C.R.S.

(2) The following are exempt from taxation under the provisions of part 2 of this article 26:

(a) (I) The storage, use, or consumption of gasoline that is taxed under the provisions of part 1 of article 27 of this title 39 and all gasoline that is taxed under said provisions and the tax on which is refunded; except that aviation fuel used in turbo-propeller or jet engine aircraft and upon which a tax was collected pursuant to the provisions of part 2 of this article 26 prior to January 1, 1989, shall not be exempt.

(II) Based upon reports submitted by users or consumers pursuant to the provisions of part 2 of this article, the department of revenue shall compile a monthly report showing the amount of use taxes collected on aviation fuel used in turbo-propeller or jet engine aircraft during the previous month by each user or consumer. The monthly report shall be transmitted to the aeronautics division created in section 43-10-103, C.R.S., for use by the division in distributing moneys in the aviation fund in accordance with section 43-10-110, C.R.S.

(b) (I) The storage, use, or consumption of electricity, coal, coke, fuel oil, steam, nuclear fuel, or gas for use in processing, manufacturing, mining, refining, irrigation, building construction, telegraph, telephone, and radio communication, street and railroad transportation services, and all industrial uses.

(II) and (III) Repealed.

(c) On and after June 10, 2016, the storage, use, or consumption of electricity, coal, wood, gas, fuel oil, or coke sold for residential use. Residential use is presumed when a utility company charges a residential utility rate and such utility company may conclusively rely on such presumption. For purposes of this paragraph (c):

(I) "Gas" includes natural, manufactured, and liquefied petroleum gas.

(II) "Residence" means a separate dwelling in a multiunit apartment, condominium, townhouse, or mobile trailer home park, or a separate single-unit dwelling, that is either billed under a single utility meter or a master utility meter and either charged at a residential, commercial, or other nonresidential utility rate. "Residence" includes minor buildings associated with the residence that are billed under the residential utility meter, such as a shed, garage, or barn.

(III) "Residential use" means the use of electricity, coal, wood, gas, fuel oil, or coke for domestic purposes, including powering lights, refrigerators, stoves, water heaters, space heaters, air conditioners, or other domestic items that require power or fuel in a residence.

(d) The storage, use, or consumption of dyed diesel.

(3) In any case in which a sales tax has been imposed under part 1 of this article on lubricating oil used other than in motor vehicles, the purchaser shall be entitled to a refund equal to the amount of the state sales tax paid on that portion of the sale price that is attributable to the federal excise tax imposed on the sale of such lubricating oil. In any case in which a use tax has been imposed under part 2 of this article on lubricating oil used other than in motor vehicles, the payer of such tax is entitled to a refund equal to the amount of such use tax paid on that portion of the amount upon which the use tax was imposed that is attributable to the federal excise tax paid on such lubricating oil. The refund allowed under this subsection (3) shall be paid by the executive director of the department of revenue upon receiving evidence that the purchaser has received under section 6424 of the federal "Internal Revenue Code of 1986", as amended, a refund of the federal excise tax paid on the sale of such lubricating oil. The claim for a refund shall be made upon such forms as shall be prescribed and furnished by the executive director, which forms shall contain such information as the executive director may prescribe.

(4) As used in this section, "dyed diesel" has the same meaning as set forth in section 39-27-101 (8).
C.R.S. § 39-22-1402 — CO Code / Title 39 / Article 22 / Part 14 / Section 39-22-1402
39-22-1402. Contributions credited to Operation Desert Storm active duty military fund - app
Status: repealed

39-22-1402. Contributions credited to Operation Desert Storm active duty military fund - appropriations - repeal. (Repealed)
C.R.S. § 39-22-3303 — CO Code / Title 39 / Article 22 / Part 33 / Section 39-22-3303
39-22-3303. Contributions credited to the Colorado cancer fund - creation - appropriation
Status: in_force

39-22-3303. Contributions credited to the Colorado cancer fund - creation - appropriation. (1) The department of revenue shall determine annually the total amount designated pursuant to section 39-22-3302 and shall report that amount to the state treasurer and to the general assembly. The state treasurer shall credit that amount to the Colorado cancer fund, which fund is hereby created in the state treasury. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund.

(2) The general assembly shall appropriate annually from the Colorado cancer fund to the department of revenue its costs of administering moneys designated as contributions to the fund. All moneys remaining in the fund at the end of a fiscal year, after subtracting the appropriation to the department, shall be transferred to the Colorado Cancer Coalition, an organization under the direction of the Colorado Foundation for Public Health and the Environment, a Colorado nonprofit organization. The coalition shall administer the moneys in furtherance of its work on behalf of the cancer community.
C.R.S. § 39-28-111 — CO Code / Title 39 / Article 28 / Part 1 / Section 39-28-111
39-28-111. Exempt sales
Status: in_force

39-28-111. Exempt sales. The sales of cigarettes to the United States government or any of its agencies, sales in interstate commerce, or transactions the taxation of which is prohibited by the constitution of the United States are exempted from the provisions of this article. Such exempt sales shall be reported to the department with such information as the department shall require.
C.R.S. § 39-3-102 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-102
39-3-102. Household furnishings - exemption
Status: in_force

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. § 39-22-108 — CO Code / Title 39 / Article 22 / Part 1 / Section 39-22-108
39-22-108. Credit for tax paid other states
Status: in_force

39-22-108. Credit for tax paid other states. (1) With respect to all taxable years commencing on or after January 1, 1987, the amount of taxes on federal taxable income accrued to another state, the District of Columbia, or a territory or possession of the United States, on income derived by a resident individual, estate, or trust from sources in another state, the District of Columbia, or a territory or possession of the United States, shall be allowed as a credit against the tax computed under provisions of this article.

(2) The amount of credit taken under this section shall be subject to each of the following limitations:

(a) The amount of the credit for taxes on the federal taxable income taxed by another state, the District of Columbia, or a territory or possession of the United States shall not exceed the same proportion of the tax against which such credit is taken which the taxpayer's federal taxable income from the sources within such state, the District of Columbia, or a territory or possession of the United States bears to his entire federal taxable income for the same period;

(b) The total amount of the credit shall not exceed the same proportion of the tax against which such credit is taken which the taxpayer's federal taxable income from sources outside of Colorado bears to his entire federal taxable income for the same taxable year; and

(c) Federal taxable income shall be deemed to be from sources in another state in the same ratio as the modified federal adjusted gross income is from sources in such state.

(3) If accrued taxes when paid differ from the amounts claimed as credits by the taxpayer or if any tax paid is refunded in whole or in part, the taxpayer shall notify the executive director, who shall redetermine the amount of tax due for the years affected; the amount of tax, if any, found to be due upon such redetermination shall be paid by the taxpayer upon notice and demand or the amount of tax overpaid, if any, shall be credited or refunded to the taxpayer in accordance with the provisions of section 39-21-108. In the case of such a tax accrued but not paid, the executive director, as a condition precedent to the allowance of a credit, may require the taxpayer to deposit a surety bond or other security acceptable to the executive director in such amount as he may require, conditioned upon the payment by the taxpayer of any amount of tax found to be due upon any such redetermination.

(4) The credits provided for in this section, irrespective of the method of accounting employed by the taxpayer in keeping his books, shall be taken in the year in which the taxes of another state, the District of Columbia, or a territory or possession of the United States accrue, subject to the conditions prescribed in subsection (3) of this section.

(5) The credits provided by this section shall be allowed only if the taxpayer furnishes to the executive director all information necessary for the verification and computation of such credits as the executive director, by regulation, may prescribe.
C.R.S. § 39-22-1401 — CO Code / Title 39 / Article 22 / Part 14 / Section 39-22-1401
39-22-1401. Voluntary contribution designation - procedure - repeal
Status: repealed

39-22-1401. Voluntary contribution designation - procedure - repeal. (Repealed)
C.R.S. § 39-22-535 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-535
39-22-535. Credit for purchase of uniquely valuable motor vehicle registration numbers - re
Status: repealed

39-22-535. Credit for purchase of uniquely valuable motor vehicle registration numbers - repeal. (1) For tax years commencing on or after January 1, 2013, and prior to January 1, 2025, a person who buys the right to use a registration number under section 8-88-206 is allowed a credit against the income taxes imposed by this article 22 for twenty percent of the purchase price of the right to use the registration number that is paid to the Colorado disability funding committee created in section 8-88-202.

(2) If the credit allowed by this section exceeds the tax otherwise due, the taxpayer may carry it forward for up to five years but shall claim it on the earliest possible subsequent tax return.

(3) This section is repealed, effective December 31, 2034.
C.R.S. § 39-3-118 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-118
39-3-118. Intangible personal property - exemption
Status: in_force

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. § 39-22-4502 — CO Code / Title 39 / Article 22 / Part 45 / Section 39-22-4502
39-22-4502. Voluntary contribution designation - procedure - effective date
Status: in_force

39-22-4502. Voluntary contribution designation - procedure - effective date. For income tax years commencing on or after January 1, 2019, the Colorado state individual income tax return form must contain a line whereby each individual taxpayer may designate the amount of the contribution, if any, the taxpayer wishes to make to the Habitat for Humanity of Colorado fund created in section 39-22-4503 (1).
C.R.S. § 39-29-112 — CO Code / Title 39 / Article 29 / Section 39-29-112
39-29-112. Procedures and reports - definitions - repeal
Status: repealed

39-29-112. Procedures and reports - definitions - repeal. (1) Except as set forth in subsections (6) and (7) of this section, every person subject to taxation under the provisions of this article shall make an annual return to the department of revenue, separate and apart from other returns required to be made under the provisions of articles 20 to 28 of this title, upon a form to be prescribed by the executive director. Such return shall be filed with the department of revenue on or before the fifteenth day of the fourth month following the end of the taxable year. Payment of the tax shown to be due shall be made at the time such return is filed. The executive director may grant a reasonable extension of time for filing returns and for paying the tax under such rules as he may prescribe. In the event of the failure to file the return within the time required or the extension of the time granted by the executive director, there shall be added to the tax a penalty as provided for in section 39-29-115.

(2) Every corporation subject to taxation under this article 29 shall make a declaration and payment of estimated tax if the tax imposed by this article 29 for the taxable year can reasonably be expected to exceed five thousand dollars. Such declaration and payment shall be made to the department of revenue, separate and apart from other returns required under articles 20 to 28 of this title 39, upon a form prescribed by the executive director. Such declaration shall be filed with and payment made to the department of revenue in accordance with the provisions of section 39-22-606.

(3) All unexpended balances in any oil shale and oil and gas severance tax withholding fund established to carry out the purposes of this article as of June 30, 1978, and on each June 30 thereafter, or at any time determined by the controller with the approval of the state treasurer shall be credited to the general fund of the state. Such unexpended balances shall include all moneys which for any reason cannot be refunded. All warrants covering refunds from said severance tax withholding fund which cannot for any reason be delivered to the taxpayer to whom due and which are not presented for payment within six months after the date of issuance thereof shall be void, and the moneys represented thereby shall be included in the unexpended balance in said fund at the expiration of any fiscal year. Persons entitled to the refunds of moneys represented by warrants which cannot be delivered to the taxpayer and which are not presented for payment within six months after the date of issuance thereof may file claims for refund at any time within four years after the date the tax return which establishes the right to the refund was required to be filed. Claims for refund not filed within the prescribed four-year period shall not be allowed or paid.

(4) The tax imposed by this article is hereby declared to be a special classified and limited tax in accordance with the provisions of section 17 of article X of the state constitution.

(5) The taxpayer's taxable year under this article shall be the same as his taxable year for federal income tax purposes.

(6) The provisions of subsections (1) to (3) and subsection (5) of this section shall not apply to persons filing quarterly declaration forms and making quarterly payments of tax pursuant to the provisions of section 39-29-104.

(7) A person is not required to make a separate, annual return to the department of revenue for a taxable year pursuant to subsection (1) of this section if:

(a) The person has less than two hundred fifty dollars withheld by all unit operators or first purchasers pursuant to section 39-29-111 (1) for the taxable year; and

(b) The amount of withholding is greater than or equal to the amount of tax levied pursuant to this article that is owed by the person for the taxable year.

(8) (a) As used in this subsection (8), unless the context otherwise requires:

(I) "Operator" has the meaning set forth in section 34-60-103.

(II) "Random sample" has the meaning set forth in section 2-3-128 (1)(e).

(b) On or before April 15, 2025, the executive director shall submit a report to the state auditor that includes:

(I) The severance tax monthly withholding statements and annual severance tax reports filed for the 2023 calendar year by the operators included in the random sample;

(II) For the random sample and the total population of operators in the state, a description of any missing severance tax monthly withholding statements and annual severance tax reports due for the 2023 calendar year or incomplete or incorrect severance tax monthly withholding statements and annual severance tax reports that were accepted for the 2023 calendar year without a request for completion or correction; and

(III) For the random sample and the total population of operators in the state, a description of any penalties assessed for the 2023 calendar year for missing, incomplete, or incorrect severance tax monthly withholding statements and annual severance tax reports, with the data broken down by:

(A) Type of violation; and

(B) Penalty amount assessed against a person for the violation.

(c) The executive director shall publish the report submitted to the state auditor pursuant to subsection (8)(b) of this section on the department of revenue's website.

(d) The executive director shall provide the state auditor with any additional information that the state auditor requests under section 2-3-128.

(e) This subsection (8) is repealed, effective July 1, 2026.
C.R.S. § 39-3.5-105.7 — CO Code / Title 39 / Article 3.5 / Section 39-3.5-105.7
39-3.5-105.7. Prior deferrals to be treated as loans
Status: in_force

39-3.5-105.7. Prior deferrals to be treated as loans. All deferred real property tax paid by the state treasurer to a county treasurer prior to July 1, 2002, shall be reclassified as an investment in a loan to a taxpayer that was disbursed to a county treasurer on behalf of the taxpayer, and all provisions of this article shall apply to the loan.
C.R.S. § 39-22-5503 — CO Code / Title 39 / Article 22 / Part 55 / Section 39-22-5503
39-22-5503. Credit against tax - affordable housing located in a transit-oriented community
Status: in_force

39-22-5503. Credit against tax - affordable housing located in a transit-oriented community. (1) For income tax years during the credit period, there is allowed to any qualified taxpayer a credit with respect to the income taxes imposed by this article 22 in the amount determined by the authority pursuant to this part 55.

(2) The aggregate amount of credits allocated by the authority in each of the 2025 through 2029 calendar years must not exceed the aggregate amount of:

(a) Credits authorized as follows:

(I) For the 2025 calendar year, two million dollars;

(II) For the 2026 calendar year, two million dollars;

(III) For the 2027 calendar year, two million dollars;

(IV) For the 2028 calendar year, eleven million dollars; and

(V) For the 2029 calendar year, thirteen million dollars; plus

(b) Unallocated credits, if any, for the immediately preceding calendar year; and

(c) Any credit recaptured or otherwise returned to the authority in the calendar year.

(3) The authority may allocate a credit to an owner of a qualified development by issuing to the owner an allocation certificate. The authority may determine the time at which such allocation certificate is issued. The credit must be in an amount determined by the authority, subject to the following guidelines:

(a) The credit must be necessary for the financial feasibility of such development;

(b) All allocations must be made pursuant to the allocation plan; and

(c) The aggregate sum of credits allocated annually must not exceed the limits set forth in subsection (2) of this section.

(4) (a) On or after January 1, 2025, but prior to December 31, 2029, the authority may allocate a total amount of thirty million dollars in credits.

(b) The taxpayer shall not claim the credit ratably over the credit period. Instead, the credit must be accelerated and the full amount must be claimed against the taxes imposed by this article 22 over the credit period according to the following schedule:

(I) The amount of the credit that a taxpayer claims in the first year of the credit period must equal seventy percent of the total amount of the credit the authority allocates to the taxpayer;

(II) The amount of the credit that a taxpayer claims in the second year of the credit period must equal eight percent of the total amount of the credit the authority allocates to the taxpayer;

(III) The amount of the credit that a taxpayer claims in the third year of the credit period must equal eight percent of the total amount of the credit the authority allocates to the taxpayer;

(IV) The amount of the credit that a taxpayer claims in the fourth year of the credit period must equal seven percent of the total amount of the credit the authority allocates to the taxpayer; and

(V) The amount of the credit that a taxpayer claims in the fifth year of the credit period must equal seven percent of the total amount of the credit the authority allocates to the taxpayer.

(5) If an owner of a qualified development receiving an allocation of a credit is a partnership, limited liability company, S corporation, or similar pass-through entity, the owner may allocate the credit among its partners, shareholders, members, or other qualified taxpayers in any manner agreed to by such persons regardless of whether any such persons are deemed a partner for federal income tax purposes. The owner shall certify to the department the amount of credit allocated to each partner, shareholder, member, or other qualified taxpayer. Each partner, shareholder, member, or other qualified taxpayer admitted as a partner, shareholder, member, or other qualified taxpayer of the owner prior to the filing of a tax return claiming the credit is allowed to claim such amount subject to any restrictions set forth in this part 55.

(6) No credit shall be allocated pursuant to this part 55 unless the qualified development is the subject of a recorded restrictive covenant requiring the development to be maintained and operated as a qualified development, and is in accordance with the accessibility and adaptability requirements of the federal tax credits and Title VIII of the "Civil Rights Act of 1968", as amended by the "Fair Housing Amendments Act of 1988", for a period of fifteen income tax years, or such longer period as may be agreed to between the authority and the owner, beginning with the first taxable year of the credit period unless corrected within the time that is applicable to developments receiving federal tax credits pursuant to section 42 (h)(6)(J) of the internal revenue code as applicable to the covenant described in this subsection (6).

(7) The allocated credit amount may be taken against the taxes imposed by this article 22 for each income tax year of the credit period as set forth in subsection (4) of this section. Any amount of credit that exceeds the tax due for an income tax year may be carried forward as a tax credit against the income tax liability for the three subsequent tax years and must be applied first to the earliest years possible. Any amount of the credit that is not used must not be refunded to the taxpayer.

(8) Unless otherwise provided in this part 55 or the context clearly requires otherwise, the authority shall determine eligibility for a credit and allocate credits in accordance with the standards and requirements set forth in the allocation plan; however, the authority shall administer the credit allowed pursuant to this part 55 consistently with the credit pursuant to part 21 of this article 22 except to the extent the allocation plan is inconsistent with part 21 of this article 22, in which case the allocation plan controls. Notwithstanding the foregoing, any combination of federal and state credits, or standalone amount of state credits, allowed must be the least amount necessary to ensure the financial feasibility of a qualified development.
C.R.S. § 39-21-401 — CO Code / Title 39 / Article 21 / Part 4 / Section 39-21-401
39-21-401. Legislative declaration
Status: in_force

39-21-401. Legislative declaration. (1) The general assembly finds and declares that:

(a) In 2000, the general assembly enacted the formation of a temporary commission on taxation for the purpose of reviewing and reporting on the current system of taxation by state and local governments and making recommendations for modifications;

(b) The state of Colorado and its citizens have experienced many changes since the last comprehensive review and analysis of tax policy was completed;

(c) The tax structure of the state and local governments in Colorado has become more complicated and outdated through a long history of incremental and piecemeal modifications made by statutory and constitutional enactments that have resulted in unintended consequences;

(d) These modifications may have resulted in the tax burden for financing government services and programs being borne disproportionately by certain taxpayers and may have diminished Colorado's ability to attract new businesses and retain existing businesses that are vital to the economic well-being of the state and its citizens; and

(e) It is therefore necessary to review the state's current tax policy.

(2) The general assembly further finds and declares that it is necessary to create the legislative oversight committee concerning tax policy and, in addition, establish the committee as the appropriate entity to review the evaluations of tax expenditures that are statutorily completed by the state auditor.
C.R.S. § 39-8-108.5 — CO Code / Title 39 / Article 8 / Section 39-8-108.5
39-8-108.5. Arbitration of property valuations - arbitrators - qualifications - procedures
Status: in_force

39-8-108.5. Arbitration of property valuations - arbitrators - qualifications - procedures. (1) (a) In order to give taxpayers an alternative to pursuing an appeal of the county board of equalization's decision through either the board of assessment appeals or the district court, an arbitration process shall be established. The board of county commissioners shall develop a list of persons who shall be qualified to act as arbitrators of property valuation disputes. Such list shall be kept in the office of the county clerk and recorder.

(b) Except as otherwise provided in subsection (1)(c) of this section, persons on the list maintained pursuant to subsection (1)(a) of this section must be, in addition to any other qualifications deemed necessary by the board, experienced in the area of property taxation and licensed or certificated pursuant to part 6 of article 10 of title 12.

(c) No person shall act as an arbitrator of property valuation disputes in any county during any property tax year in which such person represents or has represented any taxpayer in any matter relating to the protest and appeal of property valuation or to the abatement or refund of property taxes.

(2) (a) Within thirty days of the county board of equalization's decision, any taxpayer who plans to pursue arbitration shall notify the board of his intent. The taxpayer and the county board of equalization shall select an arbitrator from the list prepared pursuant to subsection (1) of this section within forty-five days of the county board of equalization's decision or within thirty days from the date the list of arbitrators is made available in any given year, whichever is later. In the absence of agreement by the taxpayer and the county board of equalization within said specified time period, the district court of the county in which the property is located shall select an arbitrator from said list.

(b) If a taxpayer acts pursuant to paragraph (a) of this subsection (2), the county board of equalization shall be required to participate in arbitration and to accept the arbitrator selected.

(3) (a) Arbitration hearings shall be at a time and place set by the arbitrator with the mutual consent of the taxpayer and the county board of equalization. The arbitration hearing shall be held within sixty days from the date the arbitrator was selected.

(b) Procedure at arbitration hearings shall be informal, and strict rules of evidence shall not be applied except as necessitated in the opinion of the arbitrator by the requirements of justice. All questions of law and fact shall be determined by the arbitrator.

(b.5) The taxpayer shall produce information to support his contention that the property should be valued differently. The assessor shall produce information to support the basis and amount of his valuation of the property. Both the information of the assessor and the information of the taxpayer shall be considered by the arbitrator in making his decision.

(c) The arbitrator may issue or cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence and shall have the power to administer oaths. Subpoenas so issued shall be served and, upon application to the district court by the taxpayer or the county board of equalization or the arbitrator, enforced in the manner provided by law for the service and enforcement of subpoenas in civil actions.

(d) The taxpayer and the county board of equalization shall be entitled to attend, personally or with counsel, and participate in the proceedings. Such participation may include the filing of briefs and affidavits. Upon agreement of both parties, the proceedings may be confidential and closed to the public.

(e) No record of the proceedings is required.

(f) The arbitrator's decision shall be made in accordance with applicable Colorado property tax laws. The arbitrator's decision shall be in writing and signed by the arbitrator.

(g) The arbitrator shall deliver a copy of his decision to the parties personally or by registered mail within ten days of the hearing. Such decision shall be final and not subject to review.

(4) An arbitrator shall be immune from civil liability arising from participation as an arbitrator and for all communications, findings, opinions, and conclusions made in the course of his duties under this section.

(5) (a) An arbitrator's expenses and fees shall not exceed one hundred fifty dollars per case concerning residential real property. For cases concerning any taxable property other than residential real property, an arbitrator's expenses and fees shall be an amount agreed upon by the taxpayer and the county board of equalization.

(b) The arbitrator's fees and expenses, not including counsel fees, incurred in the conduct of the arbitration shall be paid as provided in the decision.

(6) Any decision of the county board of equalization regarding a 1987 property valuation which has been appealed to either the board of assessment appeals or the district court and which has not been heard or adjudicated may be submitted to arbitration pursuant to this section at the request of the taxpayer.
C.R.S. § 39-37-105 — CO Code / Title 39 / Article 37 / Part 1 / Section 39-37-105
39-37-105. Exemption
Status: in_force

39-37-105. Exemption. The purchase price paid in consummation of the retail sale of any firearm, firearm precursor part, or ammunition to a peace officer or a law enforcement agency employing that peace officer or to an active duty member of the armed forces of the United States is exempt from taxation pursuant to this article 37.
C.R.S. § 39-1-115 — CO Code / Title 39 / Article 1 / Section 39-1-115
39-1-115. Records prima facie evidence
Status: in_force

39-1-115. Records prima facie evidence. The assessment rolls, the tax warrants, the entries made in the books of the treasurer, and the lists of lands sold for taxes recorded by the treasurer or the county clerk and recorder, or a certified copy thereof, shall be prima facie evidence of all things appearing therein in all courts and places.
C.R.S. § 39-29-107 — CO Code / Title 39 / Article 29 / Section 39-29-107
39-29-107. Tax on severance of oil shale - repeal
Status: repealed

39-29-107. Tax on severance of oil shale - repeal. (1) (a) (I) Prior to January 1, 2024, in addition to any other tax, there shall be levied, collected, and paid for each taxable year a tax upon the severance of oil shale as to all such severance occurring on and after January 1, 1978. Such tax shall be levied against every person engaged in the severance of oil shale. Subject to the provisions of subsections (2) and (3) of this section, such tax shall be levied on the gross proceeds from each commercial oil shale facility at a rate of four percent of such gross proceeds.

(II) This subsection (1)(a) is repealed, effective December 31, 2027.

(b) On and after January 1, 2024, in addition to any other tax, there shall be levied, collected, and paid for each taxable year a tax upon the severance of oil shale. Such tax shall be levied against every person engaged in the severance of oil shale. Such tax shall be levied on the gross proceeds from each commercial oil shale facility at a rate of four percent of such gross proceeds.

(2) (a) Prior to January 1, 2024, the tax shall only have application to a commercial oil shale facility one hundred eighty days after the facility commences commercial production, as follows:

Year Fraction of tax imposed

by subsection (1)

First year 1/4

Second year 1/2

Third year 3/4

Fourth and each succeeding year Entire rate imposed by

subsection (1).

(b) This subsection (2) is repealed, effective December 31, 2027.

(3) (a) Prior to January 1, 2024, the production of the first fifteen thousand tons per day of oil shale or ten thousand barrels per day of shale oil, whichever is greater, shall be exempt from the tax.

(b) This subsection (3) is repealed, effective December 31, 2027.

(3.1) (a) Prior to January 1, 2024, the calculation of the daily production subject to the tax and to the exemption in subsection (3) of this section shall be determined by dividing the total production of a calendar month by the total number of days in such month.

(b) This subsection (3.1) is repealed, effective December 31, 2027.

(4) Repealed.
C.R.S. § 39-22-547 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-547
39-22-547. Early childhood educator income tax credit - tax preference performance statemen
Status: repealed

39-22-547. Early childhood educator income tax credit - tax preference performance statement - legislative declaration - definitions - repeal. (1) (a) The general assembly finds and declares that:

(I) The benefits of quality child care and early childhood education are well documented and a striking connection exists between children's learning experiences well before kindergarten and their later school success;

(II) Small business owners and parents who rely on child care to work would also experience lower turnover in child care staff when early childhood educators experience better economic stability; and

(III) When early childhood educators improve the quality of their education by receiving early childhood professional credentials or attaining higher credential levels, it improves the quality of children's early learning experiences.

(b) In accordance with section 39-21-304 (1), the purpose of this tax expenditure is to:

(I) Induce certain designated behavior by taxpayers, which in this instance is for early childhood educators to receive an early childhood professional credential or to attain higher credential levels; and

(II) Provide tax relief for early childhood educators.

(c) The general assembly and the state auditor shall measure the effectiveness of the credit in achieving the purpose specified in subsection (1)(b)(I) of this section based on a comparison of the number of early childhood professional credentials at the various levels before and with the credit.

(d) The general assembly and the state auditor shall measure the effectiveness of the credit in achieving the purpose specified in subsection (1)(b)(II) of this section based on the number of credits that are claimed.

(2) As used in this section, unless the context otherwise requires:

(a) "Department" means the department of revenue.

(b) "Early childhood professional credential" means the early childhood professional credentials issued by the department of education, or a successor department, and designated as early childhood professional I, early childhood professional II, early childhood professional III, early childhood professional IV, early childhood professional V, and early childhood professional VI.

(c) "Eligible early childhood educator" means an individual who:

(I) Has a federal adjusted gross income less than or equal to seventy-five thousand dollars for an individual filing a single return, or has a federal adjusted gross income less than or equal to one hundred fifty thousand dollars for an individual filing a joint return;

(II) Holds an early childhood professional credential for at least part of the income tax year for which the credit is claimed; and

(III) For at least six months of the income tax year for which the credit is claimed, is either the licensee of an eligible program or employed by an eligible program.

(d) "Eligible program" means either an early childhood education program as defined in section 26.5-2-202 (3) or a licensed family child care home. An eligible program must have held at least a level one quality rating pursuant to the Colorado shines quality rating and improvement system established in section 26.5-5-101 for the income tax year for which the credit is claimed.

(e) "Family child care home" has the same meaning as set forth in section 26.5-5-303 (7).

(f) "Inflation" means the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.

(3) (a) For income tax years commencing on or after January 1, 2022, but before January 1, 2026, an eligible early childhood educator is allowed a credit against the tax imposed by this article 22 in an amount as set forth in subsection (3)(b) of this section.

(b) (I) Except as provided in subsection (3)(b)(II) of this section, the amount of the credit equals, for:

(A) Seven hundred fifty dollars for an early childhood professional I;

(B) One thousand dollars for an early childhood professional II; and

(C) One thousand five hundred dollars for an early childhood professional III, early childhood professional IV, early childhood professional V, or early childhood professional VI.

(II) For the income tax years commencing on or after January 1, 2023, the department shall adjust the credit amounts set forth in subsection (3)(b)(I) of this section to reflect inflation for each income tax year in which the credit described in this section is allowed.

(c) Each eligible early childhood educator is only allowed one credit per income tax year, even if the eligible early childhood educator earns a higher level early childhood professional credential in the same year. In such case, the eligible early childhood educator's credit is based on the highest early childhood professional credential attained during the income tax year.

(4) The amount of the credit under this section that exceeds the eligible early childhood educator's income taxes due is refunded to the eligible early childhood educator.

(5) No later than January 1, 2023, and each January 1 thereafter through January 1, 2026, the department of human services, or a successor department, shall provide the department of revenue with an electronic report of each individual who held an early childhood professional credential during the previous calendar year for which the credit is allowed. The department shall include the following information in the report, if available:

(a) The name of the individual who holds the early childhood professional credential;

(b) The individual's social security number or tax identification number;

(c) The highest level of early childhood professional credential held by the individual during the year; and

(d) The length of time that the individual held an early childhood professional credential at any level.

(6) This section is repealed, effective July 1, 2030.
C.R.S. § 39-11-133 — CO Code / Title 39 / Article 11 / Section 39-11-133
39-11-133. Suit to quiet title
Status: in_force

39-11-133. Suit to quiet title. Suit to quiet title or to try title may be maintained by the grantee or his successors for all or any one or more of the parcels or tracts acquired under tax deed issued pursuant to said notices and requests, and it shall not be a defense or ground of objection to such action that there is a misjoinder of parties or causes of action; but if a defense to such action or a counterclaim is interposed by a claimant to one or more of said parcels, less than all, then the action shall be tried as between the plaintiff and such claimant, separately from the suit as to other parties and other parcels.
C.R.S. § 39-8-106 — CO Code / Title 39 / Article 8 / Section 39-8-106
39-8-106. Petitions for appeal
Status: in_force

39-8-106. Petitions for appeal. (1) The county board of equalization shall receive and hear petitions from any person whose objections or protests have been refused or denied by the assessor. A petition must be in a form approved by the property tax administrator pursuant to section 39-2-109 (1)(d), the contents of which must include the following:

(a) A statement informing the person of his or her right to appeal, the time and place at which the county board of equalization will hear appeals from determinations of the assessor, and that, by mailing or delivering one copy of the form to the county board of equalization that is received or postmarked on or before July 15 of that year for real property and July 20 of that year for personal property or, if a county has made an election pursuant to section 39-5-122.7 (1), on or before September 15 of that year for both real and personal property, the person will be deemed to have filed his or her petition for hearing with the county board of equalization. The date the form is received by the county board of equalization shall be stamped on the form. All forms shall be presumed to be on time unless the county board of equalization can present evidence to show otherwise.

(b) A requirement that the assessor's office set forth the following information on the face of the form:

(I) A description of the property claimed to be excessively, erroneously, or illegally valued;

(II) The actual value placed upon it by the assessor;

(III) A specific and detailed statement of the grounds delineated in this subparagraph (III), upon which the assessor relied to justify such valuation. The grounds are appropriate consideration of the approaches to appraisal set forth in section 39-1-103 (5)(a) and classification of the property. For agricultural lands, the grounds are: Earning or productive capacity; classification; and capitalization rate.

(IV) The assessor's written statement refusing to change such valuation; and

(V) The actual value placed upon it by the person whose objection and protest has been denied.

(c) Space for the person whose objection and protest has been denied to state the grounds on which he relied and to indicate the manner, if any, in which he disagrees with the assessor's statement of the information described in paragraph (b) of this subsection (1).

(1.5) In addition to any other requirements set forth in subsection (1) of this section, any petition for appeal relating to real property shall contain the actual value of such real property, stated in terms of a specific dollar amount, which is being offered as the correct valuation. Nothing in this subsection (1.5) shall be construed to exempt paid representatives of taxpayers from the requirements of part 6 of article 10 of title 12, if applicable.

(1.7) Any person who objects to the application of the term "integral to an agricultural operation" to their property in accordance with section 39-1-102 (1.6)(a)(I) and (14.4) and whose objections or protests have been denied by the assessor may submit a petition for appeal to the county board of equalization to the same extent as any other protest or objection for which an appeal to the board is provided under law and shall satisfy all requirements for the prosecution of such appeal as provided by law.

(2) (a) Upon receiving a petition in the form described in subsection (1) of this section, the county board of equalization or its authorized agent shall note the filing of the petition, set a time for hearing of said petition, and, except as provided in paragraph (b) of this subsection (2), notify the petitioner by mail of such time for hearing.

(b) A board of county commissioners may authorize by resolution a petitioner or a petitioner's agent to elect to receive the notice required in paragraph (a) of this subsection (2) by fax or electronic mail at a phone number or electronic mail address supplied by the petitioner or the petitioner's agent. If no election is made by the petitioner or the petitioner's agent, the county board of equalization shall mail the required notice.

(3) If the assessor fails or refuses to comply with the provisions of section 39-5-122, this section, or both, relating to said form, the objecting person shall not be deprived of his right of appeal to the county board of equalization. The objecting person may present his objections and protests in person or by counsel, orally or by letter or other informal writing, on any day during the meeting of the county board of equalization held for the purpose of hearing appeals. The said failure or refusal of the assessor shall not, in any manner, deprive the objecting person of his right to a full, fair, and complete hearing of his objections and protests by the county board of equalization.
C.R.S. § 39-22-344 — CO Code / Title 39 / Article 22 / Part 3 / Section 39-22-344
39-22-344. Imposition of tax
Status: in_force

39-22-344. Imposition of tax. (1) With respect to any taxable period for which it has made the election under section 39-22-343, an electing pass-through entity is subject to a tax in an amount equal to the tax rate set forth in section 39-22-301 for the applicable income tax year multiplied by the sum of the following, all as determined pursuant to sections 39-22-202, 39-22-203, 39-22-322, and 39-22-323:

(a) Each electing pass-through entity owner's pro rata or distributive share of the electing pass-through entity's income attributable to the state; and

(b) Each resident electing pass-through entity owner's pro rata or distributive share of the electing pass-through entity's income not attributable to the state.

(2) An electing pass-through entity is treated as a corporation under section 39-22-606 with respect to the tax imposed under this subpart 3; except that the requirement to make estimated payments under section 39-22-606 does not apply for income tax years commencing prior to January 1, 2023.

(3) Any credit allowed pursuant to this article 22 that is attributable to the activities of an electing pass-through entity in the taxable year is passed through to and must be claimed by the electing pass-through entity owner.

(4) The executive director of the department of revenue may promulgate rules in accordance with article 4 of title 24 to require or permit an electing pass-through entity to make returns, set forth information, or furnish copies of information as required in section 39-22-601 (2.5)(a) through (2.5)(c) and (5)(a) through (5)(c) as is necessary to execute the provisions of this subpart 3. Notwithstanding the specificity of the foregoing, the executive director may promulgate such other rules as are, in the executive director's view, necessary or expedient in enforcing the provisions of this subpart 3.

(5) The provisions of section 39-22-601 (2.7)(d) and (5.5)(d) are not applicable to an electing pass-through entity.

(6) The provisions of article 21 of this title 39 regarding the collection, administration, and enforcement of tax is applicable to the tax due under this section, and, notwithstanding the provisions of sections 39-22-201, 39-22-302, and 39-22-322, an electing pass-through entity is a taxpayer.
C.R.S. § 39-1-105.5 — CO Code / Title 39 / Article 1 / Section 39-1-105.5
39-1-105.5. Reappraisal ordered based on valuation for assessment study - state school finan
Status: repealed

39-1-105.5. Reappraisal ordered based on valuation for assessment study - state school finance payments.

(1) (a) Repealed.

(b) (I) Pursuant to section 39-1-104 (16)(b) for each property tax year beginning with the property tax year which commences January 1, 1985, the annual study shall, in addition to other requirements, determine and set forth the aggregate valuation for assessment of each county for the year in which the study is conducted.

(II) (A) If the valuation for assessment of a county as reflected in its abstract for assessment for any property tax year beginning with the property tax year commencing January 1, 1985, is more than five percent below the valuation for assessment for such county as determined by the study conducted during the same property tax year, the state board of equalization shall cause to be performed a reappraisal of any class or classes of property that the study shows were not appraised consistent with the property tax provisions of the Colorado constitution or the statutes. The reappraisal must be performed during the next following year at the expense of the county; except that the state board of equalization may waive the requirement that the county reimburse the state for any costs incurred by the state in reappraising any class or classes of property if the county presents the state board with a plan to use the money retained to improve the functioning of the office of the county assessor. If the county fails to implement the plan submitted in a timely manner as agreed upon by the state board and the county, the state board shall revoke the waiver and require the county to reimburse the state for reappraisal costs incurred by the state. The reappraisal is the county's valuation for assessment with regard to the reappraised class or classes for the year in which the reappraisal is performed.

(B) Even though a county's aggregate valuation for assessment as reflected in its abstract for assessment for any property tax year beginning with the property tax year commencing January 1, 1985, is not more than five percent below the valuation for assessment for such county as determined by the study conducted during the same property tax year, the state board of equalization shall cause to be performed a reappraisal of any class or classes of property that the study shows were not appraised consistent with the property tax provisions of the Colorado constitution or the statutes. The reappraisal must be performed during the next following year at the expense of the county; except that the state board of equalization may waive the requirement that the county reimburse the state for any costs incurred by the state in reappraising any class or classes of property if the county presents the state board with a plan to use the money retained to improve the functioning of the office of the county assessor. The reappraisal is the county's valuation for assessment with regard to the reappraised class or classes of property for the year in which the reappraisal is performed.

(III) Whenever a reappraisal is ordered pursuant to subparagraph (II) of this paragraph (b), state equalization payments to school districts within the county during the year in which the reappraisal is performed shall be based upon the valuation for assessment as reflected in the county's abstract for assessment for the year prior to the year in which the reappraisal is performed. The state board of equalization shall order the county's board of county commissioners to levy, and the board of county commissioners shall levy, an additional property tax on all taxable property within the county. Such additional property tax shall be levied at the same time as other property taxes are levied during the year in which the reappraisal is performed. Such additional property tax shall be in an amount which is sufficient to reimburse the state for the excess state equalization payments made to school districts within the county during the year in which the reappraisal is performed. The county's board of county commissioners shall reimburse the state for such excess state equalization payments. Such excess shall be that amount of the state equalization payments actually paid by the state to the county during the year in which the reappraisal is performed based on the incorrect valuation for assessment as reflected in the county's abstract for assessment for the immediately prior year which amount exceeds the state equalization payments the state would have paid during the year in which the reappraisal is performed had the valuation for assessment for the immediately prior year been determined by the assessor consistent with the provisions of the Colorado constitution and the statutes. In addition, the additional property tax shall be sufficient to pay to the state, and the board of county commissioners shall pay to the state, interest on such excess at the interest rate determined by the state banking commissioner pursuant to section 39-21-110.5.

(IV) If the valuation for assessment of a county as reflected in its abstract for assessment for any property tax year beginning with the property tax year commencing January 1, 1985, is more than five percent below the valuation for assessment for such county as determined by the study conducted during the same property tax year and if the state board of equalization fails to order a reappraisal, state equalization payments to school districts within the county during the year next following the year in which the study was performed shall be based upon the valuation for assessment for the county as reflected in the county's abstract for assessment for the year in which the study was conducted. At the same time as other property taxes are levied during the year in which such state equalization payments are made, the county's board of county commissioners shall levy an additional property tax on all taxable property within the county. Such additional property tax shall be in an amount sufficient to reimburse the state for the difference between the amount the state actually paid in state equalization payments during the year following the year in which the study was performed and what the state would have paid during such year had the state equalization payments been based on the valuation for assessment as determined by the study. The county's board of county commissioners shall reimburse the state for such difference.

(V) Any finding made in 1988 pursuant to the provisions of subparagraph (II) of this paragraph (b) shall be based primarily on data and information collected from within the county in question, except where data is lacking or deficient. If data from outside the county must be used, then that data must be from a comparable area. If any finding made utilizing the study conducted for the property tax year commencing on January 1, 1987, was based upon data and information comparing taxable property in one county with taxable property in the county subject to such finding, the state board of equalization shall revise such finding so that any orders made pursuant to the provisions of subparagraph (II) of this paragraph (b) are based solely on data and information collected from within each affected county.

(2) Any reimbursement made by a county to the state for the cost incurred by the state in reappraising any class or classes of taxable property for property tax purposes pursuant to subsection (1) of this section shall be made to the state treasurer who shall credit the amount of the reimbursement to the state general fund. For purposes of this section, the costs of salary and benefits for state employees who work on reappraisals is not a reimbursable cost incurred by the state.
C.R.S. § 39-20-105 — CO Code / Title 39 / Article 20 / Section 39-20-105
39-20-105. Certificate of discharge to part of property
Status: in_force

39-20-105. Certificate of discharge to part of property. If any property, real or personal, under the law, is subject to a lien for the payment of any tax due the state of Colorado, the executive director of the department of revenue may issue a certificate of discharge of any part of the property subject to the lien if there is paid over to the executive director, in part satisfaction of the liability in respect to such tax, an amount determined by the executive director, which shall not be less than the value, as determined by him, of the interest of the state of Colorado in the part to be so discharged.
C.R.S. § 39-27-303 — CO Code / Title 39 / Article 27 / Part 3 / Section 39-27-303
39-27-303. Tax imposed
Status: in_force

39-27-303. Tax imposed. The amount of the tax imposed and collected on behalf of this state under an agreement entered into under this part 3 shall be determined as provided in part 1 of this article.
C.R.S. § 39-26-711.9 — CO Code / Title 39 / Article 26 / Part 7 / Section 39-26-711.9
39-26-711.9. Historic aircraft on loan for public display - definition
Status: in_force

39-26-711.9. Historic aircraft on loan for public display - definition. (1) On and after August 9, 2017, a historic aircraft that is on loan for public display, demonstration, educational, or museum promotional purposes is exempt from taxation under the provisions of parts 1 and 2 of this article 26 if:

(a) The historic aircraft is on loan for public display, demonstration, educational, or museum promotional purposes to a publicly owned museum in the state or to a nonprofit museum in the state that operates under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended;

(b) The historic aircraft will be used only for public display, demonstration, educational, or museum promotional purposes while within the state but away from the museum to which the historic aircraft is on loan; and

(c) The museum to which the historic aircraft is on loan for public display, demonstration, educational, or museum promotional purposes is open to the public for at least twenty hours every week.

(2) For purposes of this section, "historic aircraft" means any original, restored, or replica of a heavier-than-air aircraft that is at least thirty-five years old.