C.R.S. § 39-3-210 — CO Code / Title 39 / Article 3 / Part 2 / Section 39-3-210
39-3-210. Reporting of property tax revenue reductions - reimbursement of local government
Status: repealed

39-3-210. Reporting of property tax revenue reductions - reimbursement of local governmental entities - definitions - local government backfill cash fund - creation - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Additional state revenues" means the lesser of two hundred forty million dollars or the total amount of the state revenues in excess of the limitation on state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution that the state is required to refund under section 20 (7)(d) of article X of the state constitution, including any amount specified in section 24-77-103.8, that exceeds the amounts projected to be refunded as required by sections 39-3-209 and 39-22-627 for the state fiscal year commencing on July 1, 2022.

(a.2) "Ambulance district" means a special district that provides emergency medical services and the transportation of sick, disabled, or injured persons by motor vehicle, aircraft, or other form of transportation to and from facilities providing medical services. As used in this subsection (1)(a.2), "emergency medical services" means services engaged in providing initial emergency medical assistance, including the treatment of trauma and burns and respiratory, circulatory, and obstetrical emergencies.

(a.3) "County" includes a city and county.

(b) "Fire district" means any special district that has the sole responsibility of providing fire protection services.

(c) "Health service district" means a special district that may establish, maintain, or operate, directly or indirectly through lease to or from other parties or other arrangement, public hospitals, convalescent centers, nursing care facilities, intermediate care facilities, emergency facilities, community clinics, or other facilities licensed or certified pursuant to section 25-1.5-103 (1)(a) providing health and personal care services and may organize, own, operate, control, direct, manage, contract for, or furnish ambulance service.

(d) "Library district" means a public library established as its own taxing authority by one or more governmental units or parts thereof. A library district is a political subdivision of the state.

(d.5) "Local governmental entity" means a governmental entity authorized by law to impose ad valorem taxes on taxable property located within its territorial limits; except that the term excludes school districts.

(e) "Municipality" means a home rule or statutory city, town, or territorial charter city.

(f) "Sanitation district" means a special district that provides for storm or sanitary sewers, or both, flood and surface drainage, treatment and disposal works and facilities, or solid waste disposal facilities or waste services, and all necessary or proper equipment and appurtenances incident thereto.

(f.5) "Total property tax revenue reduction" means the amount that an assessor calculates for a local governmental entity pursuant to subsection (2)(c) of this section.

(g) "Water district" means a special district that supplies water for domestic and other public and private purposes by any available means and provides all necessary or proper reservoirs, treatment works and facilities, equipment, and appurtenances incident thereto.

(2) (a) For the property tax year commencing on January 1, 2023, for counties with a population of three hundred thousand or less as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs:

(I) Each assessor shall calculate the total property tax revenues lost by each local governmental entity, excluding school districts, within the assessor's county as a result of the changes made in Senate Bill 22-238, enacted in 2022, exclusive of any changes made in Senate Bill 23B-001, enacted in 2023, that reduced valuations for assessment; and

(II) Each assessor shall calculate the difference in assessed value of real property for the property tax year commencing on January 1, 2022, and the property tax year commencing on January 1, 2023 within the assessor's county.

(b) For the property tax year commencing on January 1, 2023, for counties with a population greater than three hundred thousand as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs:

(I) (A) Each assessor shall calculate, for each municipality, fire district, health service district, water district, sanitation district, and library district, the aggregate reduction of local government property tax revenue during the property tax year commencing on January 1, 2023, as a result of the changes made in Senate Bill 22-238, enacted in 2022, exclusive of any changes made in Senate Bill 23B-001, enacted in 2023, that reduced valuations for assessment;

(B) Each assessor shall calculate, for each local governmental entity in the assessor's county besides ambulance districts, fire districts, and health districts, the difference in assessed value of real property for the property tax year commencing on January 1, 2022, and the property tax year commencing on January 1, 2023, within the assessor's county; and

(II) Each assessor shall calculate, for all local governmental entities besides municipalities, fire districts, health service districts, water districts, sanitation districts, school districts, and library districts, the aggregate reduction of local government property tax revenue during the property tax year commencing on January 1, 2023, as a result of the changes made in Senate Bill 22-238, enacted in 2022, exclusive of any changes made in Senate Bill 23B-001, enacted in 2023, that reduced valuations for assessment.

(c) For the property tax year commencing on January 1, 2023, each assessor shall calculate the total property tax revenue reduction for each local governmental entity within the assessor's county as a result of the cumulative temporary reductions in valuation for assessment made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022.

(d) When calculating the amounts in this subsection (2) for a local governmental entity for the property tax year commencing on January 1, 2023, as required by this section, an assessor shall use the local governmental entity's mill levy for the property tax year commencing on January 1, 2022, excluding any mills levied to provide for the payment of bonds and interest thereon or for the payment of any other contractual obligation that has been approved by a majority of the local governmental entity's voters voting thereon.

(e) For purposes of this section, a local governmental entity within a county includes the county itself.

(2.5) (a) On or before September 15, 2023, each treasurer shall report the following estimates to the administrator for all local governmental entities within the treasurer's county:

(I) The total property tax revenue reduction for the property tax year commencing on January 1, 2023, that is based on the:

(A) Temporary reductions in the valuation for assessment made in Senate Bill 22-238, enacted in 2022; and

(B) Cumulative temporary reductions in the valuation for assessment made in Senate Bill 22-238, enacted in 2022, and Senate Bill 23-303, if a majority of voters approve the ballot issue referred in accordance with section 24-77-202; and

(II) The increase in assessed value from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023, that is based on the:

(A) Temporary reductions in the valuation for assessment made in Senate Bill 22-238, enacted in 2022; and

(B) Cumulative temporary reductions in the valuation for assessment made in Senate Bill 22-238, enacted in 2022, and Senate Bill 23-303, if a majority of voters approve the ballot issue referred in accordance with section 24-77-202.

(b) The administrator shall provide the estimates received in accordance with subsection (2.5)(a) of this section to the department of revenue and legislative council staff.

(3) No later than March 1, 2024, each assessor shall report the amounts specified in subsection (2) of this section, as applicable, and the basis for the amounts to the administrator, and the administrator may require an assessor to provide additional information as necessary to evaluate the accuracy of the amounts reported. The administrator shall confirm that the reported amounts are correct or rectify the amounts, if necessary. The administrator shall then forward the correct amounts for each county to the state treasurer to enable the state treasurer to issue a reimbursement warrant to each treasurer in accordance with subsection (4) of this section.

(4) (a) No later than April 15, 2024, the state treasurer shall issue a warrant, to be paid upon demand from additional state revenues for the state fiscal year commencing on July 1, 2022, and, if necessary, from other money in the general fund, to each treasurer that is equal to the total of:

(I) The amount specified by the administrator under subsection (3) of this section, based on the amount reported by each assessor under subsection (2)(a)(I) of this section, for each county that both:

(A) Had an increase of less than ten percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023; and

(B) Has a population of three hundred thousand or fewer, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs;

(II) Ninety percent of the amount specified by the administrator under subsection (3) of this section, based on the amount reported by each assessor under subsection (2)(a)(I) of this section, for each county that both:

(A) Had an increase of ten percent or more in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023; and

(B) Has a population of three hundred thousand or fewer, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs;

(III) Sixty-five percent of the amount specified by the administrator under subsection (3) of this section, based on the amount reported by each assessor under subsection (2)(b)(II) of this section, for any county not described in subsections (4)(a)(I) and (4)(a)(II) of this section;

(IV) Ninety percent of the amount specified by the administrator under subsection (3) of this section, based on the amount reported by each assessor under subsection (2)(b)(I)(A) of this section for each municipality, fire district, health service district, water district, sanitation district, and library district that had an increase of ten percent or more in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023; and

(V) The entire amount specified by the administrator under subsection (3) of this section, based on the amount reported by each assessor under subsection (2)(b)(I)(A) of this section for each municipality, fire district, health service district, water district, sanitation district, and library district that had an increase of less than ten percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023.

(a.5) No later than April 15, 2024, the state treasurer shall issue a warrant, to be paid upon demand in an amount of up to fifty-four million dollars in the aggregate from the general fund to each treasurer that is equal to the total of:

(I) For counties with a population of three hundred thousand or less, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs:

(A) The entire amount of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each local governmental entity, excluding ambulance districts, health districts, and fire districts, within a county that had an increase of less than ten percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023;

(B) Ninety percent of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each local governmental entity, excluding ambulance districts, health districts, and fire districts, within a county that had an increase of ten percent or more, but less than fifteen percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023;

(C) The entire amount of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each ambulance district, health district, and fire district; and

(D) For the relevant local governmental entities, the amount determined by the property tax administrator and the executive director of the department of local affairs pursuant to subsection (4)(a.5)(III)(B) of this section;

(II) For counties with a population of greater than three hundred thousand, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs:

(A) The entire amount of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each library district, sanitation district, water district, or municipality that had an increase of less than ten percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023;

(B) Ninety percent of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each library district, sanitation district, water district, or municipality that had an increase of ten percent or more, but less than fifteen percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023;

(C) Sixty-five percent of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for all local governmental entities besides an ambulance district, fire district, health district, library district, sanitation district, water district, or municipality that had an increase of less than fifteen percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023;

(D) The entire amount of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each ambulance district, health district, and fire district; and

(E) For the relevant local governmental entities, the amount determined by the property tax administrator and the executive director of the department of local affairs pursuant to subsection (4)(a.5)(III)(B) of this section; and

(III) Before April 15, 2024, the property tax administrator and the executive director of the department of local affairs shall jointly, for the property tax year commencing on January 1, 2023:

(A) Create a list of local governmental entities that provide fire protection services and the amount those local governmental entities spend to provide fire protection services; and

(B) Determine an amount of reimbursement of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each local governmental entity that provides fire protection services that is equitable with the amount of reimbursement that a fire district will receive pursuant to subsections (4)(a.5)(I)(C) and (4)(a.5)(II)(D) of this section and does not result in the local governmental entity being reimbursed for more than the entire amount of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022.

(b) Each treasurer shall distribute the total amount received from the state treasurer to the local governmental entities, excluding school districts, within the treasurer's county as if the revenues had been regularly paid as property tax, but so that the local governmental entities only receive the amounts determined pursuant to subsections (4)(a) and (4)(a.5) of this section.

(c) When distributing the money, the treasurer shall provide each local governmental entity with a statement of the amount distributed to the local governmental entity that represents the reimbursement received under this subsection (4).

(d) The use of additional state revenues pursuant to subsection (4)(a) of this section is a reasonable method of refunding a portion of the excess state revenues required to be refunded in accordance with section 20 (7)(d) of article X of the state constitution.

(e) Repealed.

(f) If the total of all reimbursements issued statewide pursuant to subsection (4)(a.5) of this section would otherwise exceed fifty-four million dollars, the state treasurer shall first issue the reimbursements described in subsections (4)(a.5)(I)(C), (4)(a.5)(I)(D), (4)(a.5)(II)(D), and (4)(a.5)(II)(E) of this section, second issue the reimbursement to local governmental entities that had no increase in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023, and then third proportionally reduce the reimbursement amounts described in subsections (4)(a.5)(I)(A), (4)(a.5)(I)(B), (4)(a.5)(II)(A), (4)(a.5)(II)(B), and (4)(a.5)(II)(C) of this section, so that the total of all reimbursement statewide equals fifty-four million dollars.

(g) If a local governmental entity is located in more than one county, then the part located in each county is treated like any other local governmental entity located within the county for the purpose of determining the reimbursement amount under subsections (4)(a) and (4)(a.5) of this section.

(5) On or before March 21, 2024, based on the information available as of that date, the property tax administrator shall submit a report to the general assembly describing the aggregate reduction of local government property tax revenue, as well as school district property tax revenue, during the property tax year commencing on January 1, 2023, as a result of the changes made in Senate Bill 22-238, enacted in 2022, and the changes made in Senate Bill 23B-001, enacted in 2023, that reduced valuations for assessment.

(6) This section is repealed, effective July 1, 2025.

(7) In order to insulate school districts for the total property tax revenue reduction and increased state share of the districts' total program as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, on July 1, 2024, the state treasurer shall transfer one hundred forty-six million dollars to the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 39-3.5-111 — CO Code / Title 39 / Article 3.5 / Section 39-3.5-111
39-3.5-111. Time for payment - delinquencies
Status: in_force

39-3.5-111. Time for payment - delinquencies. (1) Whenever any of the circumstances listed in section 39-3.5-110 occurs:

(a) No further tax deferrals may be claimed on the property until all loans for unpaid taxes, including previously deferred taxes and interest, have been paid.

(b) All loans for deferred taxes and accrued interest shall be due and payable ninety days after the circumstance occurs, except as provided in subsection (2) of this section and in section 39-3.5-112.

(2) Any provision of this section to the contrary notwithstanding, when the taxpayer dies a loan for deferred taxes and accrued interest shall be due and payable one year after the taxpayer's death.

(3) If a loan for deferred taxes and accrued interest is not paid on the due date, such amounts are delinquent as of that date, and the state treasurer may foreclose the deferred tax lien.

(4) Foreclosure by the state treasurer of deferred tax liens shall be in the same manner as provided by law for the foreclosure of judgment liens. At the foreclosure sale, the state treasurer or his representative shall bid on behalf of the state of Colorado the amount of the deferred tax lien.

(5) If the owner of the tax-deferred property elects to do so, he or she may convey the property to the state of Colorado in lieu of paying a loan for deferred taxes and accrued interest. Upon completion of such conveyance, all deferred tax liens upon the property shall be extinguished, and all liability for payment of a loan for deferred taxes and accrued interest shall be released.

(6) The lien for deferred taxes shall be subject to and may be extinguished in a proper foreclosure of a mortgage or deed of trust recorded prior to the date of recording of the certificate of tax deferral. In any such foreclosure, any notice that is required to be sent to the state by reason of the state's holding of a lien for deferred taxes shall be sent to the state treasurer. All other procedural matters for such foreclosure, including notice and time limits, shall be as provided in the law pursuant to which the foreclosure is brought.

(7) Whenever the state forecloses a lien for deferred taxes, the interest in the property obtained thereby shall be subject to foreclosure proceedings by the holder of a mortgage or deed of trust recorded prior to the date of recording of the certificate of tax deferral.
C.R.S. § 39-22-4501 — CO Code / Title 39 / Article 22 / Part 45 / Section 39-22-4501
39-22-4501. Legislative declaration
Status: in_force

39-22-4501. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:

(a) Habitat for Humanity is an organization that welcomes all people, regardless of race, religion, ethnicity, or any other difference, to build and repair simple, decent, affordable houses for those who lack adequate shelter; and

(b) Habitat for Humanity of Colorado supports organization affiliates across the state that provide home ownership to low-income families that commit to a partnership that includes sweat equity, financial training, and a no-interest mortgage.

(2) In order to assist Habitat for Humanity of Colorado in fulfilling the mission of Habitat for Humanity, the general assembly recognizes that many citizens of Colorado may be willing to provide moneys to assist in its efforts. It is therefore the intent of the general assembly to provide Coloradans the opportunity to support the efforts of Habitat for Humanity of Colorado by allowing citizens to make a voluntary contribution on their state income tax return form to the Habitat for Humanity of Colorado fund for that purpose.
C.R.S. § 39-22-2107 — CO Code / Title 39 / Article 22 / Part 21 / Section 39-22-2107
39-22-2107. Compliance monitoring
Status: in_force

39-22-2107. Compliance monitoring. The authority, in consultation with the department, shall monitor and oversee compliance with the provisions of this part 21 and shall report specific occurrences of noncompliance to the department.
C.R.S. § 39-20-104 — CO Code / Title 39 / Article 20 / Section 39-20-104
39-20-104. Certificate of discharge subject to lien
Status: in_force

39-20-104. Certificate of discharge subject to lien. 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 he finds that the fair market value of that part of such property remaining subject to the lien is at least double the amount of the liability remaining unsatisfied in respect to such tax and the amount of all prior liens upon such property.
C.R.S. § 39-21-114 — CO Code / Title 39 / Article 21 / Part 1 / Section 39-21-114
39-21-114. Methods of enforcing collection
Status: in_force

39-21-114. Methods of enforcing collection. (1) The executive director may issue a warrant executed either with his or her manual signature or with his or her facsimile signature in accordance with the "Uniform Facsimile Signature of Public Officials Act", article 55 of title 11, directed to any employee, agent, or representative of the department, sometimes in this section referred to collectively as "agent", commanding the agent to distrain, seize, sell, or otherwise levy upon the personal property of the taxpayer, except such personal property as is exempted from execution and sale by any statute of this state, for the payment of the tax due, together with any penalties and interest accrued thereon and the cost of execution:

(a) When any deficiency in tax is not paid within thirty days from the mailing of notice and final determination therefor and no appeal from such deficiency has been docketed with any district court of this state within said period; or

(b) When any other amount of tax, penalty, or interest is not paid within ten days from the mailing of demand for payment thereof; or

(c) Immediately upon making of a jeopardy assessment or of the issuance of a demand for payment, as provided in section 39-21-111.

(d) (Deleted by amendment, L. 2002, p. 1362, § 18, effective July 1, 2002.)

(2) (a) The agent charged with the collection shall make or cause to be made an account of the goods or effects distrained, a copy of which, signed by the agent making such distraint, shall be left with the owner or possessor, or at his usual place of abode with some member of his family over the age of eighteen years, or at his usual place of business with his stenographer, bookkeeper, or chief clerk, or, if the taxpayer is a corporation, shall be left with any officer, manager, general agent, or agent for process, with a note of the sum demanded and the time and place of sale; and shall forthwith cause to be published a notice of the time and place of sale, together with a description of the property to be sold, in some newspaper of general circulation within the county wherein distraint is made or, in lieu thereof and in the discretion of the executive director of the department of revenue, the agent shall cause such notice to be publicly posted at the courthouse of the county wherein such distraint is made, copies thereof to be posted in at least two other public places within said county. The time fixed for the sale shall not be less than ten days nor more than sixty days from the date of such notification to the owner or possessor of the property and the publication or posting of such notices. Said sale may be adjourned from time to time by said agent if he deems it advisable but not for a time to exceed in all ninety days from the date first fixed for the sale. When any personal property is advertised for sale under distraint as aforesaid, the agent making the seizure shall proceed to sell such property at public auction, offering the same at not less than a fair minimum price, including the expenses of making the seizure and of advertising the sale, and, if the amount bid for the property at the sale is not equal to the fair minimum price so fixed, the agent conducting the sale may declare the same to be purchased by him for the state. The property so purchased may be sold by the agent under such regulations as may be prescribed by the executive director. In any case of distraint for the payment of taxes, the goods, chattels, or effects so distrained shall be restored to the owner or possessor if, prior to the sale, the amount due is paid together with the fees and other charges or may be redeemed by any person holding a chattel paper or other evidence of right of possession.

(b) In all cases of sale, the agent making the sale shall issue a certificate of sale to each purchaser, and the certificate is prima facie evidence of the right of the agent to make the sale and conclusive evidence of the regularity of the proceedings in making the sale and transfers to the purchaser all right, title, and interest of the taxpayer in and to the property sold free and clear of all liens and encumbrances junior to the department; and, where such property consists of certificates of stock in the possession of the agent, the certificate of sale is notice, when received, to any corporation, company, or association of the transfer, and the certificate of the sale provides the authority for such corporation, company, or association to record the transfer on its books and records; and, where the subject of sale is securities or other evidences of debt in the possession of the agent, the certificate of sale provides the holder with good and valid evidence of title as against any other person; and, where the subject of the sale is a motor vehicle, the certificate of sale is notice, when received, to any public official charged with the registration of title to motor vehicles, of the transfer, grants authority to the public official to record the transfer on the books and records in the same manner as if the certificate of title to the motor vehicle were transferred or assigned by the holder of the certificate of title, and renders void all previously issued titles to the motor vehicle. Any surplus remaining above the taxes, penalties, interest, costs, and expenses of making the seizure and of advertising the sale must be returned to the owner or any other person having a legal right thereto, and, on demand, the executive director shall render an account in writing of the sale.

(3) The agent of the executive director of the department of revenue to whom a warrant has been issued may file with the clerk of any district court within this state a copy of said warrant, and thereupon the clerk shall enter in the judgment docket, in appropriate columns, the name of the taxpayer mentioned in the warrant, the amount of the tax, or a portion thereof, together with interest and penalties for which the warrant is issued, and the date upon which such copy is filed and shall issue and deliver a transcript of such judgment to the agent without cost. Said transcript so issued and delivered may be filed with the clerk and recorder of any county, and, from the time of such filing, such judgment shall become a lien upon all the real property of the judgment debtor in such county owned by him at the time or which he may afterwards acquire until said lien expires. The lien shall continue for six years from the entry of the judgment unless the judgment is previously satisfied, all in the same manner as is provided by statute for making a judgment of a court of record a lien on real property. The judgment so entered shall have the same force and effect as other judgments of a court of record, and execution upon the real and personal property of the judgment debtor and redemption thereof may be had as provided by law with respect to other judgments. The executive director and his agent may cause execution to be had thereon by the proper sheriff or other officer, and such sheriff or other officer shall be entitled to the same fees for his services to be collected in the same manner as in the case of other executions.

(4) Any employee, agent, or representative of the executive director of the department of revenue to whom warrant has been issued may file a notice of lien in such form as the executive director may prescribe with the person in possession of any personal property or rights to property belonging to the taxpayer, and the filing of such notice of lien shall operate as a lien upon such personal property or rights to property from the date of such filing. Any costs incurred by the person in possession of such property or rights to property by reason of compliance with said notice of lien shall be paid by the executive director and recovered by him out of any proceeds of sale of the property subject thereto. The executive director may release said lien as to any part or all of the property or rights to property covered by any such lien upon such terms as he may deem proper.

(5) Nothing in this section shall be construed to abrogate or diminish the rights of bona fide purchasers, lienors, or pledgees for value and without notice.

(6) The executive director of the department of revenue may be made a party defendant in an action at law or a suit in equity by any person aggrieved by the unlawful seizure or sale of his personal property, but only the state of Colorado shall be responsible for any final money judgment secured against said executive director; and said judgment, so secured, shall be paid or satisfied out of the tax refund provided by section 39-21-108 (2) upon presentation by the judgment creditor to the executive director of two certified copies of said final judgment.

(7) If any person, firm, or corporation liable for the payment of any tax covered by this article has repeatedly failed, neglected, or refused to pay the same within the time specified for such payment and the department has been required to issue distraint warrants to enforce the collection of any taxes due from such taxpayer, the executive director of the department of revenue is authorized to assess and collect the amount of such taxes due, together with all interest and penalties thereon provided by law, and also the following additional penalties for recurring distraint warrants:

(a) Three, four, or five consecutive distraint warrants issued: Fifteen percent of the delinquent taxes, interest, and penalties due or the sum of twenty-five dollars, whichever amount is greater;

(b) Six or more consecutive distraint warrants issued: Thirty percent of the delinquent taxes, interest, and penalties due or the sum of fifty dollars, whichever amount is greater.

(8) (a) In order to facilitate and expedite the collection of taxes more than six months overdue from a taxpayer who is not a resident of nor domiciled in the state of Colorado, the executive director may enter into a contract with a debt collection agency or an attorney for the collection of the taxes due from such taxpayer together with any penalties and interest accrued thereon.

(b) For purposes of paragraph (a) of this subsection (8), the executive director may contract with a debt collection agency or an attorney doing business in the state of Colorado or in any other state; except that, prior to entering into such contract with a debt collection agency, the executive director shall require that the debt collection agency file a bond in the amount of one hundred thousand dollars, which bond shall run to the state of Colorado for the purpose of guaranteeing compliance with the terms of the contract. Such bond shall be executed by the debt collection agency as principal and by a corporation, which is licensed to transact the business of fidelity and surety insurance, as surety.

(b.5) In order to facilitate and expedite the collection of taxes more than twelve months overdue from a taxpayer who is a resident of and domiciled in the state of Colorado, the executive director may enter into contracts with two or more debt collection agencies or attorneys for the collection of the taxes due from such taxpayer, together with any penalties and interest accrued thereon pursuant to the procurement provisions of article 103 of title 24, C.R.S. For the purposes of this paragraph (b.5), the executive director may contract with debt collection agencies or attorneys doing business in the state of Colorado or in any other state; except that, prior to entering into such a contract with a debt collection agency, the executive director shall require that the debt collection agency file a bond in the amount of no less than one hundred thousand dollars and no more than five hundred thousand dollars, which bond shall run to the state of Colorado for the purpose of guaranteeing compliance with the terms of the contract. Such bond shall be executed by a debt collection agency as principal and by a corporation, which is licensed to transact the business of fidelity and surety insurance, as surety.

(c) (I) Each contract entered into with a debt collection agency or an attorney shall specify that fees for services rendered shall be based on the total amount of delinquent taxes, including accrued penalties and interest, that is actually collected; however, under no circumstance shall the fees for services rendered exceed twenty percent of the total amount of delinquent taxes, including accrued penalties and interest, that is actually collected. Any fees for services rendered shall be collected by the agency or attorney in addition to the total amount of delinquent taxes, including accrued penalties and interest, actually collected. Such fees for services rendered shall be shown to the taxpayer as a separate and distinct item, and, when added, such fees for services rendered shall be a debt from the taxpayer to the agent or attorney until paid and shall be recoverable at law in the same manner as other debts.

(II) If the department enters into a contract with a debt collection agency or an attorney to collect delinquent taxes, including accrued penalties and interest, and any fees for services rendered as specified in subparagraph (I) of this paragraph (c) and the contract specifies that the department is required to collect the fees for services rendered if the taxpayer chooses to pay the total amount owed directly to the department, the department shall become the agent for the agency or attorney and collect the agency's or attorney's fees for services rendered on behalf of the agency or attorney.

(III) If a taxpayer makes a payment toward the total amount a debt collection agency or attorney is attempting to collect, including delinquent taxes, accrued penalties and interest, and any fees for services rendered as specified in subparagraph (I) of this paragraph (c), such payment shall be allocated among delinquent taxes, accrued penalties and interest, and fees for services rendered according to the rules or procedures of the department and the contract between the department and the agency or attorney. The taxpayer may not designate the allocation of the payment.

(IV) No costs except court costs shall be reimbursed unless authorized in such contract. If a debt collection agency or an attorney files a civil suit to collect delinquent taxes, including accrued penalties and interest, suit shall be brought in the name of the executive director of the department of revenue of the state of Colorado. When suit is brought by an agency or attorney, court costs are reimbursable by the department to the agency or attorney, but fees for services of legal representation incurred by such agency or attorney on behalf of the department for the purpose of such suit shall not be reimbursable.

(d) A debt collection agency or an attorney shall, pursuant to contract, remit the total amount of delinquent taxes, including accrued penalties and interest, collected, less allowable reimbursable costs, to the executive director within thirty days from the date the moneys are collected from the taxpayer.

(e) The executive director may prescribe forms to be used in implementing this subsection (8).

(9) The executive director, under such terms and conditions as he deems advisable, may enter into a reciprocal agreement with an agency of another state for the collection of delinquent taxes owed by individuals who are nonresidents of the state of Colorado. Under such an agreement, the agency would agree to collect delinquent taxes owed to the state of Colorado by taxpayers who are residing or domiciled in that state. In return, the executive director would undertake the collection of taxes of the same or similar type owed to the other state by taxpayers residing or domiciled in the state of Colorado.

(10) (a) The executive director is authorized to enter into an agreement with the controller for the purpose of collecting delinquent state taxes through the vendor offset program established pursuant to section 24-30-202.4 (3.5)(a), C.R.S.

(b) Each agreement entered into with the controller shall specify that fees for services rendered shall be based on the total amount of delinquent taxes, including accrued penalties and interest, that is actually collected through the vendor offset program established pursuant to section 24-30-202.4 (3.5)(a), C.R.S.

(c) The controller shall, pursuant to agreement, remit the total amount actually offset from a vendor's account pursuant to section 24-30-202.4 (3.5)(a), less fees for services rendered and allowable costs, to the executive director within thirty days after the date the moneys are offset from the vendor's account.

(11) In addition to any other remedies available to the department, any district court in the state has jurisdiction and venue to make and issue orders as may be necessary for the collection of any tax, interest, or penalty, including, upon ex parte application by an employee, agent, or representative of the department and a showing of probable cause, warrants to search premises to distrain, seize, and sell the taxpayer's personal property.
C.R.S. § 39-22-625 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-625
39-22-625. Application of article - effective date
Status: in_force

39-22-625. Application of article - effective date. This article shall apply only with respect to taxable years beginning after December 31, 1964, and became effective on January 1, 1965.
C.R.S. § 39-28.8-301 — CO Code / Title 39 / Article 28.8 / Part 3 / Section 39-28.8-301
39-28.8-301. Retail marijuana excise tax - administration - enforcement
Status: in_force

39-28.8-301. Retail marijuana excise tax - administration - enforcement. The tax imposed pursuant to this part 3 shall be administered and enforced in accordance with the provisions of article 21 of this title and part 1 of article 26 of this title, including, without limitation, any penalties for failure to make any return or to collect or pay any tax; except that, in the event of a conflict between the provisions of this part 3 and the provisions of article 21 of this title or part 1 of article 26 of this title, the provisions of this part 3 shall control.
C.R.S. § 39-22-542 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-542
39-22-542. Tax credit for conversion costs for employee business ownership - definitions -
Status: repealed

39-22-542. Tax credit for conversion costs for employee business ownership - definitions - legislative declaration - repeal. (1) Legislative declaration. (a) The general assembly hereby finds and declares that:

(I) The purpose of this section is to provide an incentive for small businesses to establish employee stock ownership plans or employee ownership trusts, or to convert to a worker-owned cooperative;

(II) An employee stock ownership plan allows companies to share ownership with employees without requiring employees to invest their own money;

(III) This section encourages small business owners to sell, through three different options, their businesses to the very employees that contributed to their success; and

(IV) This section will help to ensure that local businesses are not sold to out-of-state buyers, which is often detrimental to the fabric of local communities.

(b) It is the general assembly's intent that the Colorado office of economic development provide relevant and ascertainable metrics and collect any necessary data to allow the state auditor to measure the effectiveness of the tax credit in this section in achieving the purpose set forth in subsection (1)(a) of this section.

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

(a) (I) "Alternate equity structure" means a mechanism under which an employer grants to employees a form of employee ownership, including but not limited to an employee stock purchase plan, LLC membership, phantom stock, profit interest, restricted stock, stock appreciation right, stock option, or synthetic equity. An alternate equity structure must at a minimum:

(A) Grant rights to or be offered to at least twenty percent of an employer's eligible workers, or grant rights to or be offered to at least twenty percent of eligible workers of an employer that is owned by or operated for the benefit of eligible workers in a broad-based employee ownership transition. For purposes of this subsection (2)(a)(I), "eligible workers" means all full-time employees, regular employees, non-seasonal employees, non-managerial employees, and contract labor.

(B) Have the participation of at least twenty percent of an employer's eligible workers;

(C) Allocate at least twenty percent of the fully diluted securities or rights to a synthetic interest in securities to participating eligible workers, or allocate twenty percent of net profit from operations to participating eligible workers; and

(D) Grant to participating eligible workers informational rights, decision-making rights, and non-financial rights that are equal to or greater than the rights that are granted to holders of the employer's common stock or holders of the employer's residual membership interest.

(II) The office shall develop guidelines that clarify the types of employee ownership grants that qualify as an alternate equity structure. The office may periodically update any guidelines issued pursuant to this subsection (2)(a)(II).

(b) "Colorado office of economic development" or "office" means the Colorado office of economic development created in section 24-48.5-101.

(c) "Conversion costs" means professional services, including accounting, legal, and business advisory services, as detailed in the guidelines issued by the office, for the transition of a business to employee ownership trust, an employee stock ownership plan, or a worker-owned cooperative. "Conversion costs" include costs to audit the cost certification as required in subsection (7)(b) of this section.

(d) "Department" means the Colorado department of revenue.

(e) "Employee ownership trust" means an indirect form of employee ownership in which a trust holds a controlling stake in a qualified business and benefits all employees on an equal basis.

(f) "Employee stock ownership plan" has the same meaning as set forth in section 4975 (e)(7) of the internal revenue code, as amended.

(g) "Expansion costs" means professional services, including accounting, legal, and business advisory services, as detailed in the guidelines issued by the office, for the expansion of a qualified employee-owned business's employee ownership trust, employee stock ownership plan, worker-owned cooperative, or alternate equity structure. Expansion costs include costs to audit the cost certification as required in subsection (7)(b) of this section.

(h) "Owner" means the owner of a qualified business before a conversion occurs.

(i) "Qualified business" means a taxpayer subject to tax under this article 22, including but not limited to a C corporation, S corporation, limited liability company, partnership, limited liability partnership, a sole proprietorship, or other similar pass-through entity, that is not owned in whole or in part by an employee ownership trust, that does not have an employee stock ownership plan, that is not, in whole or in part, a worker-owned cooperative, or does not have an alternate equity structure, and that is approved by the office for the tax incentives in this section.

(j) "Qualified employee-owned business" means a taxpayer that is subject to tax under this article 22, including but not limited to a C corporation, S corporation, limited liability company, partnership, limited liability partnership, sole proprietorship, or other similar pass-through entity, that:

(I) Is owned in whole or in part by an employee ownership trust;

(II) Has its corporate headquarters located in this state. For purposes of this subsection (2)(j), "corporate headquarters" means the sole location within a regional or national area where the taxpayer's staff members or employees are domiciled and employed, and where the majority of the taxpayer's financial, personnel, legal, planning, or other business functions are conducted on a regional or national basis.

(III) Has an employee stock ownership plan, is in whole or in part a worker-owned cooperative, or has an alternate equity structure; and

(IV) Is approved by the office for the tax incentives in this section.

(k) "Securities" has the same meaning as the term "security" set forth in 15 U.S.C. sec. 77b (a)(1).

(l) "Worker-owned cooperative" has the same meaning as set forth in section 1042 (c)(2) of the internal revenue code, as amended.

(3) (a) Subject to certification by the office pursuant to this section, for income tax years commencing on or after January 1, 2022, but prior to January 1, 2027, a qualified business is allowed a credit with respect to the income taxes imposed pursuant to this article 22 as follows:

(I) Up to fifty percent of the conversion costs, not to exceed forty thousand dollars, incurred by a qualified business for converting the qualified business to a worker-owned cooperative or an employee ownership trust;

(II) Up to fifty percent of the conversion costs, not to exceed one hundred fifty thousand dollars, incurred by a qualified business for converting the qualified business to an employee stock ownership plan; or

(III) Up to fifty percent of the conversion costs, not to exceed twenty-five thousand dollars, incurred by a qualified business for converting the qualified business to an alternate equity structure.

(a.5) (I) Subject to certification by the office pursuant to this section, for the income tax years commencing on or after January 1, 2024, but prior to January 1, 2027, a qualified employee-owned business is allowed a credit with respect to the income taxes imposed pursuant to this article 22 of up to fifty percent of the expansion costs, not to exceed twenty-five thousand dollars, incurred to expand a qualified employee-owned business's employee ownership trust, employee stock ownership plan, worker-owned cooperative, or alternate equity structure.

(II) To be eligible for the credit allowed pursuant to this subsection (3), a qualified employee-owned business must expand its employee ownership trust, employee stock ownership plan, worker-owned cooperative, or alternate equity structure by an increment of at least twenty percent of the total ownership of the entire qualified employee-owned business.

(b) (I) In the case of a qualified business or qualified employee-owned business that is a C corporation, the credit is allowed to the qualified business or the qualified employee-owned business.

(II) In the case of a qualified business or qualified employee-owned business that is a partnership or an S corporation, the credit is allowed to the owner of the business.

(c) The maximum amount of all tax credit certificates that the office may reserve under subsection (6)(a) of this section in any tax year is ten million dollars.

(d) A qualified business or qualified employee-owned business may apply for and claim only one tax credit for the conversion or expansion costs incurred per tax year.

(4) A business shall submit an application to the office for the issuance of a credit certificate for the credit allowed in this section by the deadlines established in the office's guidelines. The application must include information, as set forth in the office's guidelines, regarding the type of conversion or expansion the business intends to undertake, a list of the expected conversion or expansion costs, and an estimated amount, as calculated by the business, of the expected conversion or expansion costs.

(5) (a) The office shall develop guidelines for the administration of this section, including, but not limited to:

(I) Application requirements, including a list of the data the office needs to meet the requirements in subsections (11) and (12) of this section;

(II) Guidelines regarding the issuing of credit certificates;

(III) Detailed guidelines regarding conversion costs;

(IV) Guidelines and standards for certifying a business as a qualified business;

(V) Detailed guidelines regarding expansion costs; and

(VI) Guidelines and standards for certifying a business as a qualified employee-owned business.

(b) Before the office begins to provide reservations of tax credits under subsection (6) of this section, the office shall provide the finance committees of the house of representatives and the senate, or any successor committees, with a written report setting forth the clear, relevant, and ascertainable metrics and data requirements that the office will track under subsection (12) of this section in order to allow the general assembly and the state auditor to measure the effectiveness of the tax expenditure allowed in this section in achieving the purpose set forth in subsection (1)(a) of this section.

(6) (a) (I) After the office provides the written report required in subsection (5)(b) of this section, a reservation of tax credits is permitted for the tax credit allowed in this section. If the office determines that the application filed under subsection (4) of this section is complete, the office shall determine whether the business is a qualified business or a qualified employee-owned business, review the list of the expected conversion or expansion costs, and review the estimated conversion or expansion costs as calculated by the business. If the office approves the business as a qualified business or a qualified employee-owned business, the list of expected conversion or expansion costs, and the estimated conversion or expansion costs, the office may reserve for the benefit of the qualified business, the qualified employee-owned business, or the owner of the business an allocation of a tax credit subject to the limitation specified in subsection (3)(b) of this section. The office shall notify the qualified business or the qualified employee-owned business in writing of the amount of the reservation. The reservation of a tax credit does not entitle the qualified business, the qualified employee-owned business, or the owner of the business to an issuance of a tax credit certificate until the qualified business or qualified employee-owned business complies with all of the other requirements specified in this section for the issuance of the tax credit certificate.

(II) A business may apply for a staged conversion or staged expansion. If the office receives an application for a staged conversion or staged expansion, and the office determines the requirements set forth in subsection (6)(a)(I) of this section have been met, the office shall reserve tax credits for all stages of the qualified business's conversion or the qualified employee-owned business's expansion in the year the application is filed. The office may certify the staged conversion costs or staged expansion costs and issue tax credit certificates under subsection (7)(b)(II) of this section when the costs are incurred.

(b) (I) The office must reserve tax credits in the order in which it receives completed applications that comply with the requirements of this section and the guidelines developed by the office. The office shall provide written notice of any reservation of tax credits authorized by this subsection (6) or disapprove the application within a reasonable time, not to exceed ninety days after the filing of a completed application.

(II) The office shall stamp each completed application with the date and time the application was received and shall review the application on the basis of the order in which it was submitted by date and time.

(III) Any application disapproved by the office will be removed from the review process, and the office shall notify the business in writing of the decision to remove its application from the review process. Disapproved applications lose their priority in the review process. A business may resubmit a disapproved application, but such resubmitted application is deemed to be a new submission for purposes of the priority procedures described in this subsection (6)(b).

(c) If, for any calendar year, the total amount of reservations for tax credits the office has approved is equal to the total amount of tax credits available for reservation during that calendar year, the office shall notify all businesses who have submitted applications then awaiting approval that no additional approvals of applications for reservations of tax credits will be granted during that calendar year. The office shall additionally notify each business of the priority number given to the business's application then awaiting approval. The applications will remain in priority status for two years from the date of the original application and will be considered for reservations of tax credits in the priority order established in this subsection (6) in the event that additional credits become available resulting from the rescission of approvals under subsection (7)(a) of this section or because a new allocation of tax credits for a calendar year becomes available.

(7) (a) Any qualified business or qualified employee-owned business with respect to which the office has made a reservation of tax credits under subsection (6) of this section shall incur not less than twenty percent of the estimated conversion or expansion costs not later than eighteen months after the date of the written notice from the office to the qualified business or qualified employee-owned business granting the reservation of tax credits. The qualified business or qualified employee-owned business shall submit evidence of compliance with the provisions of this subsection (7)(a). If the office determines that a qualified business or qualified employee-owned business has failed to comply with the requirements of this subsection (7)(a), the office may rescind the written notice it previously gave the business or the owner approving the reservation of tax credits and, if so, the total amount of tax credits made available for the calendar year for which reservations may be granted must be increased by the amount of the tax credits rescinded. The office shall promptly notify any qualified business, any qualified employee-owned business, or the owner of the business whose reservation of tax credits has been rescinded and, upon receipt of the notice, the qualified business or qualified employee-owned business may submit a new application.

(b) (I) Following the completion of the conversion or expansion, the qualified business or the qualified employee-owned business shall notify the office that the conversion or expansion has been completed and shall provide the office with a cost certification of the estimated conversion or expansion costs. The cost certification must be audited by a licensed certified public accountant that is not affiliated with the qualified business or the qualified employee-owned business. The office shall review the cost certification, and within ninety days after receipt of the cost certification, the office shall certify the conversion or expansion costs and issue a tax credit certificate in the amounts allowed in subsection (3) of this section. The office shall promptly notify the qualified business or the qualified employee-owned business of any disallowed conversion or expansion costs.

(II) If a conversion or expansion is a staged conversion or staged expansion as set forth in subsection (6)(a)(II) of this section, and the qualified business or the qualified employee-owned business meets the requirements in this subsection (7), the office shall issue pro rata tax credit certificates to the qualified business, qualified employee-owned business, or owner of the business based on the percent of the conversion or expansion completed during each tax year.

(c) Notwithstanding subsection (7)(b) of this section, the total amount of the tax credit certificate issued to a qualified business, a qualified employee-owned business, or the owner of the business shall not exceed the amount of the tax credit reservation under subsection (6)(a) of this section.

(d) If the amount of certified costs incurred by the qualified business or the qualified employee-owned business would result in the qualified business, qualified employee-owned business, or owner of the business being issued an amount of tax credits that exceeds the amount of tax credits reserved for the business under subsection (6)(a) of this section, the qualified business or the qualified employee-owned business may apply to the office for the issuance of an amount of tax credits that equals the excess. The qualified business or the qualified employee-owned business must submit its application for issuance of such excess tax credits on a form prescribed by the office. Unless the office is concerned that the application it received under this subsection (7)(d) is fraudulent, the office shall automatically approve the application, which it shall issue by means of a separate certificate, subject only to the availability of tax credits and the provisions concerning priority provided in subsection (6)(a) of this section.

(8) If the credit allowed under this section exceeds the income taxes due on the income of the qualified business, qualified employee-owned business, or owner of the business, the amount of the credit not used to offset income taxes must be refunded to the qualified business, qualified employee-owned business, or owner of the business.

(9) Any tax credits issued under this section to a partnership or an S corporation must be passed through to the partners, members, or owners, including any nonprofit entity that is a partner, member, or owner, respectively, on a pro rata basis according to their ownership percentage.

(10) To claim the income tax credit allowed in this section, the qualified business, qualified employee-owned business, or owner of the business shall attach a copy of the credit certificate to its state income tax return. No tax credit is allowed under this section unless the qualified business, qualified employee-owned business, or owner of the business provides the copy of the credit certificate with its filed state income tax return. The amount of the credit that the qualified business or the qualified employee-owned business may claim under this section is the amount stated on the tax credit certificate.

(11) The office shall, in a sufficiently timely manner to allow the department to process returns claiming the income tax credit allowed in this section, provide the department with an electronic report of each qualified business, qualified employee-owned business, and owner of a business that the office approved for the income tax credit allowed in this section for the preceding calendar year that includes the following information:

(a) The taxpayer's name; and

(b) The taxpayer's social security number or the taxpayer's Colorado account number and federal employer identification number.

(12) The office shall maintain a database of any information necessary to evaluate the effectiveness of the tax credit allowed in this section in meeting the purposes set forth in subsection (1)(a) of this section, and shall provide such information, and any other information that may be needed, to the state auditor as part of the state auditor's evaluation of tax expenditures under section 39-21-305.

(13) The office shall conduct statewide outreach efforts, within existing resources, to minority owned businesses, as defined in section 24-48.5-127 (2)(g), about the availability of the tax credit allowed in this section.

(14) This section is repealed, effective December 31, 2033.
C.R.S. § 39-26-102 — CO Code / Title 39 / Article 26 / Part 1 / Section 39-26-102
39-26-102. Definitions
Status: repealed

39-26-102. Definitions. As used in this article 26, unless the context otherwise requires:

(1) "Agricultural commodity" means any agricultural commodity as defined in section 35-28-104 (1), C.R.S.; except that, for purposes of this article, "agricultural commodity" shall also include sugar beets, timber and timber products, oats, malting barley, barley, hops, rice, milo, and any other feed grain.

(1.3) "Auction sale" means any sale conducted or transacted at a permanent place of business operated by an auctioneer or a sale conducted and transacted at any location where tangible personal property is sold by an auctioneer when such auctioneer is acting either as agent for the owner of such personal property or is in fact the owner thereof. The auctioneer at any sale defined in subsection (10) of this section, except when acting as an agent for a duly licensed retailer or vendor or when selling only tangible personal property that is exempt under the provisions of section 39-26-716 (4)(a) and (4)(b), is a retailer or vendor as defined in subsection (8) of this section and the sale made by the auctioneer is a retail sale as defined in subsection (9) of this section, and the business conducted by said auctioneer in accomplishing such sale is the transaction of a business as defined by subsection (2) of this section.

(2) "Business" includes all activities engaged in or caused to be engaged in with the object of gain, benefit, or advantage, direct or indirect.

(2.5) "Charitable organization" means any entity organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office, or any veterans' organization registered under section 501 (c)(19) of the federal "Internal Revenue Code of 1986", as amended.

(2.6) "Coins" means monetized bullion or other forms of money manufactured from gold, silver, platinum, palladium, or other such metals now, in the future, or heretofore designated as a medium of exchange under the laws of this state, the United States, or any foreign nation.

(2.7) "Cooperative direct mail advertising" means advertising for one or more businesses which is in the form of discount coupons, advertising leaflets, or other printed advertising which are delivered by mail in a single package or bundle to potential customers of such businesses participating in such advertising.

(2.8) "Direct mail advertising materials" means discount coupons, advertising leaflets, and other printed advertising, including, but not limited to, accompanying envelopes and labels.

(3) "Doing business in this state" means the selling, leasing, or delivering in this state, or any activity in this state in connection with the selling, leasing, or delivering in this state, of tangible personal property or taxable services by a retail sale as defined in this section, for use, storage, distribution, or consumption within this state. This subsection (3) affects the imposition, application, or collection of sales and use taxes only. "Doing business in this state" includes, but shall not be limited to, the following acts or methods of transacting business:

(a) The maintaining within this state, directly or indirectly or by a subsidiary, of an office, distribution facility, salesroom, warehouse, storage place, or other similar place of business, including the employment of a resident of this state who works from a home office in this state; or

(b) The soliciting, either by direct representatives, indirect representatives, manufacturers' agents, or by distribution of catalogues or other advertising, or by use of any communication media, or by use of the newspaper, radio, or television advertising media, or by any other means whatsoever, of business from persons residing in this state and by reason thereof receiving orders from, or selling or leasing tangible personal property to, such persons residing in this state for use, consumption, distribution, and storage for use or consumption in this state.

(c) Economic nexus. (I) Except as provided in subsection (3)(c)(II) of this section, a person is doing business in this state in a calendar year:

(A) If in the previous calendar year the person has made retail sales of tangible personal property, commodities, or services in the state as specified in section 39-26-104 (3), exceeding one hundred thousand dollars; or

(B) On and after the first day of the month after the ninetieth day after the person has made retail sales of tangible personal property, commodities, or services in the state as specified in section 39-26-104 (3), in the current calendar year that exceed one hundred thousand dollars.

(II) Beginning October 1, 2019, for purposes of determining whether the thresholds set forth in subsection (3)(c)(I) of this section are met:

(A) A marketplace facilitator shall include all sales made by marketplace sellers in and through its marketplace; and

(B) A marketplace seller shall not include any sales made in or through a marketplace facilitator's marketplace.

(III) This subsection (3)(c) does not apply to any person who is doing business in this state under subsection (3)(a) of this section but otherwise applies to any other person.

(4) "Farm close-out sale" means a sale by auction or private treaty of all tangible personal property of a farmer or rancher previously used by him in carrying on his farming or ranching operations. Unless said farmer or rancher is making or attempting to make full and final disposition of all property used in his farming or ranching operations and is abandoning the said operations on the premises whereon they were previously conducted, such sale shall not be deemed a "farm close-out sale" within the meaning of this article.

(4.5) (a) "Food" means food for domestic home consumption as defined in 7 U.S.C. sec. 2012 (k), as amended, for purposes of the federal food stamp program, or any successor program, as defined in 7 U.S.C. sec. 2012 (l), as amended; except that "food" does not include carbonated water marketed in containers; chewing gum; seeds and plants to grow foods; prepared salads and salad bars; packaged and unpackaged cold sandwiches; deli trays; and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated coin-collecting food and snack devices on behalf of a vendor.

(b) In determining whether a food product is for domestic home consumption, unless the vendor is described in section 39-26-104 (1)(e), no inference shall be drawn from the type of vendor selling the product, the location of the product within a store, or the manner in which the product is marketed.

(5) "Gross taxable sales" means the total amount received in money, credits, or property, excluding the fair market value of exchanged property which is to be sold thereafter in the usual course of the retailer's business, or other consideration valued in money from sales and purchases at retail within this state, and embraced within the provisions of this article. The taxpayer may take credit in this report of gross sales for an amount equal to the sale price of property returned by the purchaser when the full sale price thereof is refunded whether in cash or by credit. The fair market value of any exchanged property which is to be sold thereafter in the usual course of the retailer's business, if included in the full price of a new article, shall be excluded from the gross sales. On all sales at retail, valued in money, when such sales are made under conditional sales contract, or under other forms of sale where the payment of the principal sum thereunder is extended over a period longer than sixty days from the date of sale thereof, only such portion of the sale amount thereof may be counted for the purpose of imposition of the tax imposed by this article as has actually been received in cash by the taxpayer during the period for which the tax imposed by this article is due and payable. Taxes paid on gross sales represented by accounts found to be worthless and actually charged off for income tax purposes may be credited upon a subsequent payment of the tax provided in this article, but if any such accounts are thereafter collected by the taxpayer, a tax shall be paid upon the amounts so collected.

(5.5) "Livestock" means cattle, horses, mules, burros, sheep, lambs, poultry, swine, ostrich, llama, alpaca, and goats, regardless of use, and any other animal which is raised primarily for food, fiber, or hide production. "Livestock" shall also mean "alternative livestock" as defined under section 35-41.5-102, C.R.S. "Livestock" shall not mean a pet animal as defined under section 35-80-102 (10), C.R.S.

(5.6) "Livestock production facility" means any structure used predominately for the housing, containing, sheltering, or feeding of livestock, including, without limitation, barns, corrals, feedlots, and swine houses.

(5.7) "Mainframe computer access" means the provision of access to computer equipment for the purpose of storing or processing data. "Mainframe computer access" does not include the provision of access to computer equipment for the purpose of examining or acquiring data maintained by the vendor. "Mainframe computer access" does not include the provision of access to computer equipment incident to electronic computer software delivery, as defined in subsection (15)(c)(II)(C) of this section, or incident to the use of computer software hosted by an application service provider, as defined in subsection (15)(c)(II)(A) of this section.

(5.8) "Marketplace" means a physical or electronic forum, including, but not limited to, a store, a booth, an internet website, a catalog, or a dedicated sales software application, where tangible personal property, commodities, or services are offered for sale.

(5.9) (a) "Marketplace facilitator" means a person who:

(I) Contracts with a marketplace seller to facilitate for consideration, regardless of whether the consideration is deducted as fees from the transaction, the sale of the marketplace seller's tangible personal property, commodities, or services through the person's marketplace;

(II) Engages directly or indirectly, through one or more affiliated persons, in transmitting or otherwise communicating the offer or acceptance between a purchaser and the marketplace seller; and

(III) Either directly or indirectly, through agreements or arrangements with third parties, collects the payment from the purchaser and transmits the payment to the marketplace seller.

(b) A "marketplace facilitator" does not include a person that exclusively provides internet advertising services or lists products for sale, and that does not otherwise meet the definition set forth in subsection (5.9)(a) of this section.

(6) "Marketplace seller" means a person, regardless of whether the person is doing business in this state, who has an agreement with a marketplace facilitator and offers for sale tangible personal property, commodities, or services through a marketplace owned, operated, or controlled by a marketplace facilitator.

(6.1) "Medical marijuana" has the same meaning as set forth in section 44-10-103 (34).

(6.2) "Multichannel seller" means a retailer that offers for sale tangible personal property, commodities, or services through a marketplace owned, operated, or controlled by a marketplace facilitator, and through other means.

(6.3) "Person" includes any individual, firm, limited liability company, partnership, joint venture, corporation, estate, or trust or any group or combination acting as a unit, and the plural as well as the singular number.

(6.4) "Packing and crating" means tangible personal property furnished to prepare tangible personal property purchased at retail for delivery to a location designated by the purchaser.

(6.5) "Photocopying" means the sale of a document rendered on paper or other similar material by a machine that creates an accurate reproduction of the original. "Photocopying" does not include the provision of a photocopy in connection with services if the purchaser is not charged separately for photocopying.

(6.6) "Precious metal bullion" means any precious metal, including, but not limited to, gold, silver, platinum, and palladium, that has been put through a process of refining and is in such a state or condition that its value depends upon its precious metal content and not its form.

(6.7) "Pre-press preparation printing materials" means those tangible products converted to use for a specific print job that are subsequently saved but can only be reused for that same print client on rerun. Title to such pre-press preparation printing materials must pass to an independent customer with the sale of the printed materials, and they must be reusable for their original purpose or a similar purpose after the press run. Examples of "pre-press preparation printing materials" include, but are not limited to, photos, color keys, dies, engravings, light sensitive film or paper, masking sheets of any material, plates, rotogravure cylinders, and proofing samples of any material. No disposable materials or materials consumed to a significant degree are pre-press preparation printing materials for the purposes of this article. Examples of disposable or consumable materials include, but are not limited to, tape, alcohol, glues, adhesives, washes, silicon solutions, pens, markers, and cleaners.

(6.8) "Public school" means a public school of a school district in this state or an institute charter school.

(7) (a) "Purchase price" means the price to the consumer, exclusive of any direct tax imposed by the federal government or by this article 26, exclusive of any retail delivery fee and enterprise retail delivery fees imposed or collected as specified in section 43-4-218, and, in the case of all retail sales involving the exchange of property, also exclusive of the fair market value of the property exchanged at the time and place of the exchange, if:

(I) Such exchanged property is to be sold thereafter in the usual course of the retailer's business; or

(II) Such exchanged property is a vehicle and is exchanged for another vehicle and both vehicles are subject to licensing, registration, or certification under the laws of this state, including, but not limited to, vehicles operating upon public highways, off-highway recreation vehicles, watercraft, and aircraft.

(b) In the case of the sale or transfer of wireless telecommunication equipment as an inducement to a consumer to enter into or continue a contract for telecommunication services that are taxable pursuant to this part 1, "purchase price" means and shall be limited to the monetary amount paid by the consumer and shall not reflect any sales commission or other compensation received by the retailer as a result of the consumer entering into or continuing a contract for such telecommunication services. Nothing in this paragraph (b) shall be construed to define "purchase price" as it applies to the amount a retailer collects from a consumer who defaults or terminates a contract for telecommunication services.

(c) With respect to the purchase price of a heavy truck, trailer, or tractor, the price to the consumer shall also be exclusive of the federal excise tax on the first retail sale of the heavy truck, trailer, or tractor for which the retailer is liable.

(7.5) "Qualified purchaser" means a person domiciled in Colorado who has been issued a direct payment permit number pursuant to section 39-26-103.5.

(7.6) and (7.7) Repealed.

(8) "Retailer" or "vendor" means a person doing business in this state known to the trade and public as such, and selling to the user or consumer, and not for resale. The term includes a marketplace facilitator, a marketplace seller, and a multichannel seller doing business in this state.

(9) "Retail sale" includes all sales made within the state except wholesale sales.

(10) "Sale" or "sale and purchase" includes installment and credit sales and the exchange of property as well as the sale thereof for money; every such transaction, conditional or otherwise, for a consideration, constituting a sale; and the sale or furnishing of electrical energy, gas, steam, telephone, or telegraph services taxable under the terms of this article. Neither term includes:

(a) A division of partnership or limited liability company assets among the partners or limited liability company members according to their interests in the partnership or limited liability company;

(b) The formation of a corporation by the owners of a business and the transfer of their business assets to the corporation in exchange for all the corporation's outstanding stock, except qualifying shares, in proportion to the assets contributed;

(c) The transfer of assets of shareholders in the formation or dissolution of professional corporations;

(d) The dissolution and the pro rata distribution of the corporation's assets to its stockholders;

(e) The transfer of assets from a parent corporation to a subsidiary corporation or corporations which are owned at least eighty percent by the parent corporation, which transfer is solely in exchange for stock or securities of the subsidiary corporation;

(f) The transfer of assets from a subsidiary corporation or corporations which are owned at least eighty percent by the parent corporation to a parent corporation or to another subsidiary which is owned at least eighty percent by the parent corporation, which transfer is solely in exchange for stock or securities of the parent corporation or the subsidiary which received the assets;

(g) A transfer of a limited liability company or partnership interest;

(h) The transfer in a reorganization qualifying under section 368 (a)(1) of the "Internal Revenue Code of 1986", as amended;

(i) The formation of a limited liability company or partnership by the transfer of assets to the limited liability company or partnership or transfers to a limited liability company or partnership in exchange for proportionate interests in the limited liability company or partnership;

(j) The repossession of personal property by a chattel mortgage holder or foreclosure by a lienholder;

(k) The transfer of assets between parent and closely held subsidiary corporations, or between subsidiary corporations closely held by the same parent corporation, or between corporations which are owned by the same shareholders in identical percentage of stock ownership amounts, computed on a share-by-share basis, when a tax imposed by this article was paid by the transferor corporation at the time it acquired such assets, except to the extent provided by subsection (12) of this section. For the purposes of this paragraph (k), a closely held subsidiary corporation is one in which the parent corporation owns stock possessing at least eighty percent of the total combined voting power of all classes of stock entitled to vote and owns at least eighty percent of the total number of shares of all other classes of stock.

(11) "Sale" or "sale and purchase", in addition to the items included in subsection (10) of this section, includes the transaction of furnishing rooms or accommodations by any person, partnership, limited liability company, association, corporation, estate, receiver, trustee, assignee, lessee, or person acting in a representative capacity or any other combination of individuals by whatever name known to a person who for a consideration uses, possesses, or has the right to use or possess any room in a hotel, apartment hotel, lodging house, motor hotel, guesthouse, guest ranch, trailer coach, mobile home, auto camp, or trailer court and park, under any concession, permit, right of access, license to use, or other agreement, or otherwise.

(12) Except as otherwise provided in this subsection (12), the sales tax is imposed on the full purchase price of articles sold after manufacture or after having been made to order and includes the full purchase price for material used and the service performed in connection therewith, excluding, however, such articles as are otherwise exempted in this article. In connection with the transactions referred to in paragraph (k) of subsection (10) of this section, the sales tax is imposed only on the amount of any increase in the fair market value of such assets resulting from the manufacturing, fabricating, or physical changing of the assets by the transferor corporation. Except as otherwise provided in this subsection (12), the sales price is the gross value of all materials, labor, and service, and the profit thereon, included in the price charged to the user or consumer.

(13) "School" means an educational institution having a curriculum comparable to grade, grammar, junior high, high school, or college, or any combination thereof, requiring daily attendance, having an enrollment of at least forty students, and charging a tuition fee.

(13.5) (Deleted by amendment, L. 2011, (HB 11-1293), ch. 299, p. 1437, § 4, effective July 1, 2012.)

(14) "State treasurer" or "treasurer" means the state treasurer of the state of Colorado.

(15) (a) (I) "Tangible personal property" means corporeal personal property. The term embraces all goods, wares, merchandise, products and commodities, and all tangible or corporeal things and substances that are dealt in and capable of being possessed and exchanged, except as set forth in this subsection (15). The term shall not be construed to include newspapers, as legally defined by section 24-70-102, preprinted newspaper supplements that become attached to or inserted in and distributed with such newspapers, or direct mail advertising materials that are distributed in Colorado by any person engaged solely and exclusively in the business of providing cooperative direct mail advertising; except that, commencing March 1, 2010, for purposes of the state sales or use tax, "tangible personal property" shall include direct mail advertising materials that are distributed in Colorado by any person engaged solely and exclusively in the business of providing cooperative direct mail advertising.

(II) No funding received from revenues received as a result of the passage of House Bill 10-1189, enacted in 2010, shall be used to fund additional full-time equivalent state employees.

(b) (Deleted by amendment, L. 2011, (HB 11-1293), ch. 299, p. 1437, § 4, effective July 1, 2012.)

(b.5) (I) "Tangible personal property" includes digital goods. The method of delivery does not impact the taxability of a sale of tangible personal property. Examples of methods used to deliver tangible personal property under current technology include but are not limited to compact disc, electronic download, and internet streaming.

(II) As used in this subsection (15)(b.5), "digital good" means any item of tangible personal property that is delivered or stored by digital means, including but not limited to video, music, or electronic books.

(c) (I) "Tangible personal property", commencing July 1, 2012, shall include computer software if the computer software meets all of the following criteria:

(A) The computer software is prepackaged for repeated sale or license;

(B) The use of the computer software is governed by a tear-open nonnegotiable license agreement; and

(C) The computer software is delivered to the customer in a tangible medium. Computer software is not delivered to the customer in a tangible medium if it is provided through an application service provider, delivered by electronic computer software delivery, or transferred by load and leave computer software delivery.

(II) As used in this paragraph (c), unless the context otherwise requires:

(A) "Application service provider" or "ASP" means an entity that retains custody over or hosts computer software for use by third parties. Users of the computer software hosted by an ASP typically will access the computer software via the internet. The ASP may or may not own or license the computer software, but generally will own and maintain hardware and networking equipment required for the user to access the computer software. Where the ASP owns the computer software, the ASP may charge the user a license fee for the computer software or a fee for maintaining the computer software or hardware used by its customer.

(B) "Computer software" means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task.

(C) "Electronic computer software delivery" means computer software transferred by remote telecommunications to the purchaser's computer, where the purchaser does not obtain possession of any tangible medium in the transaction.

(D) "Load and leave computer software delivery" means delivery of computer software to the purchaser by use of a tangible medium where the title to or possession of the tangible medium is not transferred to the purchaser, and where the computer software is manually loaded by the vendor, or the vendor's representative, at the purchaser's location.

(E) "Prepackaged for repeated sale or license" means computer software that is prepackaged for repeated sale or license in the same form to multiple users without modification, and is typically sold in a shrink-wrapped box.

(F) "Tangible medium" means a tape, disk, compact disc, card, or comparable physical medium.

(G) "Tear-open nonnegotiable license agreement" means a license agreement contained on or in the package, which by its terms becomes effective upon opening of the package and accepting the licensing agreement. "Tear-open nonnegotiable license agreement" does not include a written license agreement or contract signed by the licensor and the licensee.

(III) The internalized instruction code that controls the basic operations, such as arithmetic and logic, of the computer causing it to execute instructions contained in system programs is an integral part of the computer and is not normally accessible or modifiable by the user. Such internalized instruction code is considered part of the hardware and considered tangible personal property that is taxable pursuant to section 39-26-104 (1)(a). The fact that the vendor does or does not charge separately for such code is immaterial.

(IV) If a retailer sells computer software to a Colorado purchaser that is considered tangible personal property taxable pursuant to section 39-26-104 (1)(a) and the Colorado purchaser pays the retailer for a quantity of computer software licenses with the intent to distribute the computer software to any of the purchaser's locations outside of Colorado, the measure of Colorado sales tax due is the total of the license fees associated only with the licenses that are actually used in Colorado. The Colorado purchaser shall provide a written statement to the retailer, attesting to the amount of the license fees associated with Colorado and with points outside of Colorado. The written statement shall relieve the retailer of any liability associated with the proration.

(16) "Tax" means either the tax payable by the purchaser of a commodity or service subject to tax, or the aggregate amount of taxes due from the vendor of such commodities or services during the period for which he is required to report his collections, as the context may require.

(17) "Taxpayer" means any person obligated to account to the executive director of the department of revenue for taxes collected or to be collected under the terms of this article.

(18) "Wholesaler" means a person doing a regularly organized wholesale or jobbing business, and known to the trade as such and selling to retail merchants, jobbers, dealers, or other wholesalers, for the purpose of resale.

(19) (a) "Wholesale sale" means a sale by wholesalers to retail merchants, jobbers, dealers, or other wholesalers for resale and does not include a sale by wholesalers to users or consumers not for resale, and the latter sales shall be deemed retail sales and subject to the provisions of this article.

(b) "Wholesale sale" includes sales of all pre-press preparation printing materials, as defined in subsection (6.7) of this section, that are used by a printer for a specific printing contract where the printed product is sold at retail to a customer accepting delivery within this state.

(c) (I) "Wholesale sale" includes sales of agricultural compounds and spray adjuvants to be consumed by, administered to, or otherwise used in caring for livestock and all sales of semen for agricultural or ranching purposes.

(II) For purposes of this paragraph (c), "agricultural compounds" means:

(A) Insecticides, fungicides, growth-regulating chemicals, enhancing compounds, vaccines, and hormones;

(B) Drugs, whether dispensed in accordance with a prescription or not, that are used for the prevention or treatment of disease or injury in livestock;

(C) Animal pharmaceuticals that have been approved by the food and drug administration.

(III) For purposes of this paragraph (c), "spray adjuvants" means products that are used to increase the effectiveness of a pesticide.

(d) "Wholesale sale" includes sales of pesticides that are registered by the commissioner of agriculture for use in the production of agricultural and livestock products pursuant to the "Pesticide Act", article 9 of title 35, C.R.S., and offered for sale by dealers licensed to sell such pesticides pursuant to section 35-9-115, C.R.S.

(e) "Wholesale sale" includes sales of fertilizer for use in the production of agricultural commodities. For purposes of this subsection (19)(e), "fertilizer" means fertilizer as defined in section 35-12-103 (12), but not including specialty fertilizer as defined in section 35-12-103 (30).

(f) "Wholesale sale" includes sales of spray adjuvants for use in the production of agricultural commodities. For purposes of this subsection (19)(f), "spray adjuvants" means products that are used to increase the effectiveness of a pesticide.

(g) For purposes of this subsection (19), "agricultural commodities" does not include products regulated under article 10 of title 44.

(20) (a) Sales to and purchases of tangible personal property by a person engaged in the business of manufacturing, compounding for sale, profit, or use, any article, substance, or commodity, which tangible personal property enters into the processing of or becomes an ingredient or component part of the product or service which is manufactured, compounded, or furnished, and the container, label, or the furnished shipping case thereof, shall be deemed to be wholesale sales and shall be exempt from taxation under this part 1.

(b) As used in paragraph (a) of this subsection (20) with regard to food products, tangible personal property enters into the processing of such products and is therefore exempt from taxation when:

(I) It is intended that such property become an integral or constituent part of a food product which is intended to be sold ultimately at retail for human consumption; or

(II) Such property, whether or not it becomes an integral or constituent part of a food product, is a chemical, solvent, agent, mold, skin casing, or other material; is used for the purpose of producing or inducing a chemical or physical change in a food product or is used for the purpose of placing a food product in a more marketable condition; and is directly utilized and consumed, dissipated, or destroyed, to the extent it is rendered unfit for further use, in the processing of a food product which is intended to be sold ultimately at retail for human consumption.

(21) (a) Sales and purchases of electricity, coal, gas, fuel oil, steam, coke, or nuclear fuel, for use in processing, manufacturing, mining, refining, irrigation, construction, telegraph, telephone, and radio communication, street and railroad transportation services, and all industrial uses, and newsprint and printer's ink for use by publishers of newspapers and commercial printers shall be deemed to be wholesale sales and shall be exempt from taxation under this part 1.

(b) Repealed.

(22) Should a dispute arise between the purchaser and seller as to whether or not any such sale is exempt from taxation, nevertheless the seller shall collect and the purchaser shall pay such tax, and the seller shall thereupon issue to the purchaser a receipt or certificate, on forms prescribed by the executive director of the department of revenue, showing the names of the seller and purchaser, the items purchased, the date, price, amount of tax paid, and a brief statement of the claim of exemption. The purchaser thereafter may apply to the said executive director for a refund of such taxes, and it is the executive director's duty to determine the question of exemption, subject to review by the courts, as provided in section 39-21-105. If any seller fails to collect or purchaser fails to pay the tax levied by this article 26 and on sales on which exemption is disputed, the seller or purchaser commits:

(a) A petty offense if the amount is less than three hundred dollars;

(b) A class 2 misdemeanor if the amount is three hundred dollars or more but less than one thousand dollars;

(c) A class 1 misdemeanor if the amount is one thousand dollars or more but less than two thousand dollars;

(d) A class 6 felony if the amount is more than two thousand dollars but less than five thousand dollars;

(e) A class 5 felony if the amount is five thousand dollars or more but less than twenty thousand dollars;

(f) A class 4 felony if the amount is twenty thousand dollars or more but less than one hundred thousand dollars;

(g) A class 3 felony if the amount is one hundred thousand dollars or more but less than one million dollars; and

(h) A class 2 felony if the amount is one million dollars or more.

(23) Except as provided in section 39-26-713 (1)(a), when right to continuous possession or use for more than three years of any article of tangible personal property is granted under a lease or contract and such transfer of possession would be taxable if outright sale were made, such lease or contract shall be considered the sale of such article, and the tax shall be computed and paid by the vendor upon the rentals paid.
C.R.S. § 39-11-106 — CO Code / Title 39 / Article 11 / Section 39-11-106
39-11-106. Advertising and auction fees
Status: in_force

39-11-106. Advertising and auction fees. (1) To the amount of delinquent taxes there shall be added a fee to cover the cost of advertising, as provided in section 30-1-102, C.R.S. If the public auction is conducted by means of the internet or other electronic medium, the treasurer may add a fee to cover the cost of conducting the public auction.

(2) The treasurer of each county shall deliver his list of all lots or tracts of land for which tax liens are to be advertised for sale to the publisher or printer at least ten days before the date of the first publication.
C.R.S. § 39-36-104 — CO Code / Title 39 / Article 36 / Section 39-36-104
39-36-104. Zones established - zone administrator - review - termination
Status: repealed

39-36-104. Zones established - zone administrator - review - termination. (1) (a) For income tax years commencing on or after January 1, 2023, but before January 1, 2036, any municipality, county, or group of contiguous municipalities or counties may propose an area of such municipality, county, or group of municipalities or counties to be designated as a CHIPS zone in accordance with the policies and procedures established by the office and pursuant to this article 36.

(b) To propose an area for designation as a CHIPS zone, a local government shall submit a development plan to the director. The plan must include the following items:

(I) The boundaries of the proposed zone;

(II) The proposed zone's potential for semiconductor manufacturing business development and job creation;

(III) How the proposed zone will support and be consistent with maintenance of the area's economy; and

(IV) Any other pertinent information the director or the commission may require, which may include information related to local planning, capacity, and infrastructure.

(2) (a) The commission, after consultation with the office, may approve the designation of a CHIPS zone.

(b) All decisions concerning the designation or termination of a CHIPS zone or any portion of a CHIPS zone shall be made by the commission upon the recommendation of the office.

(3) (a) The director, or the director's designee, shall serve as the zone administrator for all approved CHIPS zones. The commission shall work with the zone administrator to ensure that each zone has economic development objectives with outcomes that can be measured.

(b) The zone administrator shall submit an annual report to the commission summarizing the zone administrator's review of documentation, including the most recent statistics available for taxpayers claiming CHIPS zone credits, on:

(I) The number of semiconductor manufacturing jobs created in the zone;

(II) The number of such jobs retained in the zone;

(III) The average annual compensation level, including benefits, of the semiconductor manufacturing jobs created or retained within the zone;

(IV) An analysis of capital investment in the zone, including the amount of investment in qualifying property for which tax credits are claimed pursuant to section 39-30-104;

(V) The number of business facility employees for which tax credits are claimed pursuant to section 39-30-105.1;

(VI) The amount of investment tax credits claimed pursuant to section 39-30-104 and the amount of credits for employees claimed pursuant to section 39-30-105.1;

(VII) The number and amount of tax credits based on expenditures for research and experimental activities claimed pursuant to section 39-30-105.5; and

(VIII) Any other information reasonably required by the commission to evaluate the effectiveness of each zone in accomplishing the economic objectives of the zone.

(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the director, or the director's designee, on behalf of the commission, shall submit an annual report to the general assembly on or before November 1, 2023, and on or before November 1 of each calendar year thereafter through November 1, 2036, summarizing the information submitted by the zone administrator to the commission each year pursuant to subsection (3)(b) of this section. The director, or the director's designee, on behalf of the commission shall make an annual presentation to the legislative audit committee that reviews and summarizes the information in the report submitted to the general assembly pursuant to this subsection (3)(c).

(d) The state auditor shall submit a report to the governor and the general assembly, at the discretion of the state auditor and the legislative audit committee, evaluating the implementation of the CHIPS zone program, making recommendations for statutory changes, if any, and including any information requested by the governor or the general assembly. The evaluation must be based upon the data included in the annual report submitted by the director on behalf of the commission to the general assembly pursuant to subsection (3)(c) of this section and objective, verifiable data submitted by the zone administrator and maintained by the office or obtained from the department. The report must also include information concerning the number and amount of tax credits claimed and allowed under the program. For purposes of preparing the report required by this subsection (3)(d), the state auditor shall have access to all records and documents applicable to the program, whether maintained by the commission, office, local governments, or the zone administrator.

(e) Taxpayers claiming CHIPS zone credits shall provide information reasonably required by the zone administrator, the office, or the commission to evaluate the effectiveness of each zone in accomplishing the measurable economic development objectives to be achieved in the zone.

(4) (a) Subject to the requirements of subsection (5) of this section, every taxpayer that performs an act in a CHIPS zone that would qualify for the income tax credit under section 39-30-104, 39-30-105.1, or 39-30-105.5 if the act was performed in an enterprise zone, created pursuant to section 39-30-103 or 39-30-103.2, is allowed the credit pursuant to the corresponding section and this article 36 with respect to that act.

(b) Notwithstanding subsection (4)(a) of this section or any other provision in this article 36, a taxpayer may not claim an income tax credit pursuant to this article 36 for performing an act in an enterprise zone for which the taxpayer is allowed to claim an income tax credit pursuant to article 30 of this title 39.

(5) (a) Before a taxpayer engages in any activity in a CHIPS zone for which the taxpayer intends to claim an income tax credit pursuant to section 39-30-104, 39-30-105.1, or 39-30-105.5, an authorized company official of the taxpayer's business or the taxpayer who is the owner of the business must submit a precertification form to the CHIPS zone administrator as specified in subsection (3)(a) of this section in accordance with the precertification process set forth in section 39-30-103 (7).

(b) (I) A taxpayer that engages in an activity in a CHIPS zone that was precertified pursuant to subsection (5)(a) of this section for which the taxpayer intends to claim an income tax credit pursuant to section 39-30-104, 39-30-105.1, or 39-30-105.5, must submit to the CHIPS zone administrator all necessary records and information to establish that the taxpayer is entitled to the income tax credit and all documentation required to be included in the CHIPS zone administrator's annual report pursuant to subsections (3)(b)(I) through (3)(b)(VII) of this section.

(II) The CHIPS zone administrator, taking into consideration the economic development objectives established pursuant to subsection (3)(a) of this section for the zone in which the taxpayer engaged in the activity to be certified, shall approve or deny the taxpayer's certification request in writing within thirty days of its submission.

(c) A taxpayer shall submit the approved certification from the CHIPS zone administrator, including all information required under subsections (5)(a) and (5)(b) of this section, along with any additional documentation required under section 39-36-106 (1)(b) or otherwise required by law, to the department no later than the due date, including extensions, for filing the taxpayer's state income tax return for the tax year in which a tax credit allowed under this article 36 is claimed.

(6) (a) Notwithstanding subsection (2)(b) of this section, all CHIPS zones approved by the commission pursuant to subsection (2)(a) of this section, terminate automatically on December 31, 2040.

(b) A taxpayer that completes an activity in a CHIPS zone that was precertified pursuant to subsection (5)(a) of this section prior to the date of termination of the CHIPS zone under subsection (6)(a) of this section may seek certification to claim an income tax credit pursuant to section 39-30-104 or 39-30-105.1 in accordance with the process set forth in section 39-30-103 (6)(a). Nothing in this subsection (6)(b) authorizes the commission to grant tax benefits that have been repealed by the general assembly or to grant tax benefits in excess of the limits of established law.
C.R.S. § 39-3-131 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-131
39-3-131. Entire property becomes tax-exempt
Status: in_force

39-3-131. Entire property becomes tax-exempt. Whenever any property which was previously taxable becomes exempt from the levy and collection of property tax, the treasurer shall accept payment of property taxes levied on such property for the current taxable year. The amount of such property taxes shall be calculated on the basis of the property tax levy on such property in the preceding taxable year and prorated to the date upon which title to such property was conveyed.
C.R.S. § 39-22-3603 — CO Code / Title 39 / Article 22 / Part 36 / Section 39-22-3603
39-22-3603. Contributions credited to the Make-A-Wish Foundation of Colorado fund - creation
Status: in_force

39-22-3603. Contributions credited to the Make-A-Wish Foundation of Colorado fund - creation - appropriation. (1) The department of revenue shall determine annually the total amount designated pursuant to section 39-22-3602 and shall report that amount to the state treasurer and to the general assembly. The state treasurer shall credit that amount to the Make-A-Wish Foundation of Colorado 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 Make-A-Wish Foundation of Colorado 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 Make-A-Wish Foundation of Colorado, a Colorado nonprofit organization.
C.R.S. § 39-28-307 — CO Code / Title 39 / Article 28 / Part 3 / Section 39-28-307
39-28-307. Miscellaneous provisions
Status: repealed

39-28-307. Miscellaneous provisions. (1) Notice and review of determination. A determination of the department to not list or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by the "State Administrative Procedure Act", article 4 of title 24, C.R.S.

(2) Applicants for licenses. No stamping agent for a license shall be issued a license or granted a renewal of a license unless the stamping agent has certified in writing, under penalty of perjury, that the stamping agent has in the past and will continue to comply fully with this part 3. No applicant for a license shall be issued a license unless the applicant has certified in writing, under penalty of perjury, that the stamping agent will fully comply with this section.

(3) Repealed.

(4) Promulgation of rules. The department may promulgate rules necessary to effect the purposes of this statute. The department shall promulgate such rules in accordance with article 4 of title 24, C.R.S.

(5) Recovery of costs and fees by attorney general. In any action brought by the state to enforce this part 3, the state shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney fees.

(6) Construction and severability. If a court of competent jurisdiction finds that the provisions of this part 3 and of the tobacco escrow funds act conflict and cannot be harmonized, then the provisions of the tobacco escrow funds act shall control. If any provision of this part 3 causes the tobacco escrow funds act to no longer constitute a qualifying or model statute, as those terms are defined in the master settlement agreement, then that portion of this part 3 shall not be valid. If any provision of this part 3 is for any reason held to be invalid, unlawful, or unconstitutional, the decision shall not affect the validity of the remaining portions of this part 3 or any part thereof.
C.R.S. § 39-28.6-108 — CO Code / Title 39 / Article 28.6 / Section 39-28.6-108
39-28.6-108. When credit may be obtained for tax paid
Status: in_force

39-28.6-108. When credit may be obtained for tax paid. Where nicotine products, upon which the tax imposed by this article 28.6 has been reported and paid, are shipped or transported by the distributor to retailers without the state to be sold by those retailers, are shipped or transported by the distributor to a consumer without the state on or after January 1, 2021, or are returned to the manufacturer by the distributor or destroyed by the distributor, credit of such tax may be made to the distributor in accordance with regulations prescribed by the department.
C.R.S. § 39-22-302 — CO Code / Title 39 / Article 22 / Part 3 / Section 39-22-302
39-22-302. S corporations
Status: in_force

39-22-302. S corporations. An S corporation shall not be subject to taxation under this article.
C.R.S. § 39-1-119.5 — CO Code / Title 39 / Article 1 / Section 39-1-119.5
39-1-119.5. Funds collected by lessors of personal property for payments of taxes - refund -
Status: in_force

39-1-119.5. Funds collected by lessors of personal property for payments of taxes - refund - damages. (1) If a personal property lessee is required to make payment to a lessor pursuant to the terms of any contract or other agreement entered into between the lessee and lessor for the payment of personal property tax due on or after January 1, 2007, those payments shall be accounted for upon the termination of the lease entered into between the lessee and lessor. If it is determined upon this accounting that a refund is due to the lessee for overpayment of personal property taxes, the lessor shall make such refund to the lessee on or before August 31 of the year in which the tax is due.

(2) The lessor shall base the accounting and refund on the actual property tax liability due in each year of the lease period.

(3) Any lessor who willfully fails to make a refund in violation of subsection (1) of this section shall be liable to the lessee, in a civil action, in an amount equal to the sum of three times the amount of actual damages sustained and in the case of any successful action to enforce said liability, the costs of the action together with reasonable attorney fees as determined by the court.

(4) Any action brought under this section shall be commenced within three years after the date on which the failure to refund occurred or within three years after the lessee discovered or in the exercise of reasonable diligence should have discovered the lessor's failure to refund. The period of limitation provided in this section may be extended for a period of one year if the lessee proves that failure to timely commence the action was caused by the lessor engaging in conduct calculated to induce the lessee to refrain from or postpone the commencement of the action.
C.R.S. § 39-10-104.5 — CO Code / Title 39 / Article 10 / Section 39-10-104.5
39-10-104.5. Payment dates - optional payment dates - failure to pay - delinquency - repeal
Status: repealed

39-10-104.5. Payment dates - optional payment dates - failure to pay - delinquency - repeal. (1) The provisions of this section, as amended, are effective January 1, 1994.

(2) Except as provided in subsections (6) and (7) of this section, at the option of the taxpayer, property taxes may be paid in full or in two equal installments, the first such installment to be paid on or before the last day of February and the second installment to be paid no later than the fifteenth day of June.

(3) (a) (I) If the first installment is not paid on or before the last day of February, then delinquent interest on the first installment shall accrue at the rate of one percent per month from the first day of March until the date of payment; except that, if payment of the first installment is made after the last day of February but not later than thirty days after the mailing by the treasurer of the tax statement, or true and actual notification of an electronic statement, pursuant to section 39-10-103 (1)(a), no such delinquent interest shall accrue. If the second installment is not paid by the fifteenth day of June, delinquent interest on the second installment shall accrue at the rate of one percent per month from the sixteenth day of June until the date of payment. Interest on the first installment shall continue to accrue at the same time that interest is accruing on the unpaid portion of the second installment. The taxpayer shall continue to have the option of paying delinquent property taxes in two equal installments until one day prior to the sale of the tax lien on such property pursuant to article 11 of this title 39.

(II) (A) For the property tax year commencing on January 1, 2023, delinquent interest does not accrue if payment of the first installment is made after the last day of February but not later than ten days after the mailing by the treasurer of the tax statement or true and actual notification of an electronic statement pursuant to section 39-10-103 (1).

(B) This subsection (3)(a)(II) is repealed, effective July 1, 2025.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (3), if the full amount of taxes is paid in a single payment on or before the last day of April, then no delinquent interest shall accrue on any portion of the taxes. If the full amount of taxes is paid in a single payment after the last day of April, interest shall be added to the full amount of taxes due in the amount of one percent per month which shall accrue from the first day of May until the date of payment.

(c) Interest shall be calculated on delinquent taxes as provided in paragraphs (a) and (b) of this subsection (3) as specified in the following table:

Required Date Last Day of June 15April 30

of Payment February

Month Paid Half Tax OptionFull Tax

1st Installment 2nd InstallmentOption*

March 1% ____________

April 2% ____________

May 3% ______ 1%

June 1 - 15 4% ______ 2%

June 16 - 30 4% 1%2%

July 5% 2%3%

August 6% 3%4%

September 7% 4%5%

October 8% 5% 6%

November 9% 6%7%

December 10% 7%8%

*Total taxes less than $25.00 must be paid using the Full Tax Option.

(4) (Deleted by amendment, L. 93, p. 303, § 1, effective April 7, 1993.)

(5) In computing the amount of delinquent interest due under this section, portions of months shall be counted as whole months.

(6) There shall be no installment payment of property taxes totaling less than twenty-five dollars, and such taxes shall be paid in full no later than the last day of April. If such taxes are not paid prior to the last day of April, delinquent interest on the amount thereof shall accrue at the rate of one percent per month from the first day of May until the date of payment.

(7) The treasurer shall be authorized to accept funds paid by the seller and accepted by the dealer as a partial payment of taxes which have not yet been levied and which are not yet due but which have been prorated between the buyer and the seller at the time of the sale of a mobile home. A dealer shall remit taxes collected under this subsection (7) to the treasurer within ten days.

(8) Any payment under this section shall be deemed received by the treasurer on the date that the installment or full payment, including any penalties or fees due, is actually received in the treasurer's office, and actual receipt will be presumed as of the date of the United States postal service postmark. Where a payment is received through the mail or a common carrier but has no United States postal service postmark and the payment is actually received in the treasurer's office no later than five days after the due date, the treasurer shall record the date of payment as the due date of the payment. Where the payment is received through the mail or a common carrier but has no United States postal service postmark and the payment is actually received in the treasurer's office six or more days after the due date, the treasurer shall record the date of payment as the date the payment was received. If the date for filing any tax return or remittance falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day.

(9) An additional charge may be added to any delinquent taxes totaling less than fifty dollars including all delinquent interest and other charges. Such charge shall be for the purpose of covering the administrative costs and fees incurred by the county in collecting such delinquencies and shall be determined by the board of county commissioners or such other body as authorized by the city and county of Denver or as authorized by the city council of the city and county of Broomfield. Such charge shall not exceed twenty-five dollars in any case and shall be limited to such amount less than twenty-five dollars as may be necessary to limit the total charges against such property, including taxes, delinquent interest, and the charge authorized by this subsection (9), to no more than fifty dollars. Charges imposed under the authorization of this subsection (9) shall be a lien under section 39-1-107.

(10) The treasurer may refrain from collecting any penalty, delinquent interest, or costs where the amount to be collected is fifty dollars or less. Nothing in this subsection (10) shall be construed as releasing any person from the payment of any tax, assessment, penalty, delinquent interest, or costs or any other moneys which are due and owing and which the treasurer is authorized by law to collect.

(11) Repealed.

(12) Notwithstanding any other provision of law, a county treasurer may accept an estimated prepayment of property taxes due for the current tax year prior to the treasurer's receipt of the tax warrant pursuant to section 39-5-129. The treasurer has broad authority to establish the conditions and terms under which estimated prepayments will be accepted.

(13) and (14) Repealed.

(15) (a) Notwithstanding any other law to the contrary and in accordance with section 39-10-111.5 (2.5)(b), delinquent interest does not accrue on any tax debt owed in connection with a mobile home that is subject to the collection provisions of section 39-10-111.5.

(b) This subsection (15) is repealed, effective September 1, 2025.
C.R.S. § 39-10-111 — CO Code / Title 39 / Article 10 / Section 39-10-111
39-10-111. Distraint, sale of personal property
Status: repealed

39-10-111. Distraint, sale of personal property. (1) (a) At any time after the first day of October, the treasurer shall enforce collection of delinquent taxes on personal property by commencing a court action for collection or employing a collection agency as provided in section 39-10-112 or by distraining, seizing, and selling the property; except that this section does not apply to the collection of delinquent taxes on mobile homes or manufactured homes. The treasurer shall enforce the collection of delinquent taxes on mobile homes or manufactured homes pursuant to section 39-10-111.5. Whenever a distraint warrant is issued, it shall be served by the sheriff or a commissioned deputy or, at the discretion of the sheriff, by a private server of process hired for the purpose. Any cost incurred as a result of hiring a private server of process shall be paid by the sheriff's office, and the cost shall not exceed the amount specified in section 30-1-104 (1)(a).

(b) When personal property upon which a distraint warrant has been issued or which is subject to such warrant by reason of delinquency has been removed to another county in the state, the treasurer of the county levying the tax may issue a certificate to the treasurer of the county to which the property has been removed, reciting the amount of taxes and delinquent interest unpaid and a description of the property to be distrained.

(c) The treasurer receiving such certificate shall thereupon proceed to distrain, seize, and sell such property in the same manner as if the property were originally taxed in his county and shall remit the net proceeds, after payment of any sheriff's fees and other costs of seizure and sale, to the treasurer who certified the delinquency to him.

(2) Whenever any personal property is distrained and seized, the treasurer or his deputy shall make a list of such property and deliver a copy thereof to the owner of such property or to his or her agent, together with a statement of the amount demanded and notice of the time and place fixed for the sale of such property.

(3) No later than one hundred eighty days after the seizure of any personal property pursuant to this section, the treasurer shall publish a notice containing a description of the seized property, the reason for its being offered for sale, and the time and place fixed for the sale in a newspaper published in the county. If there is no such newspaper, the treasurer shall conspicuously post copies of such notice in the county courthouse and in at least two other public places in the county seat.

(4) The time fixed for the sale shall be not more than ten days from the date the notice is first published, but the sale may be adjourned from time to time if there are no bidders or if the treasurer deems such adjournment advisable for any reason, but in no event shall the sale be postponed for more than thirty days from the date the notice is first published.

(5) At the time and place fixed for the sale, the treasurer or deputy treasurer shall proceed to sell such property at public auction, offering it at a minimum price, which shall include the taxes, delinquent interest, and costs of making the seizure and advertising the sale. If the amount bid at the sale is not equal to the fixed minimum price, the treasurer or deputy treasurer may declare the property purchased by the county at the fixed minimum price, and it shall thereafter be sold within one hundred fifty days in such manner as may be determined by the board of county commissioners.

(6) (a) In any county wherein the treasurer has insufficient personnel to conduct said sale, upon demand of the treasurer, the sheriff shall conduct such sale, collect the proceeds thereof, and pay the same over to the treasurer. In such event, the sheriff shall receive such fees as are provided in section 30-1-104, C.R.S.

(b) The treasurer may enter into a contract to employ the services of any professional auctioneer or auction company to conduct such sale, collect the proceeds thereof, and pay the same over to the treasurer, when the treasurer deems such services to be appropriate and to be in the best interests of the public. Such contract shall be awarded by competitive bid, but the treasurer may reject any or all bids or parts of bids. The auctioneer or auction company conducting such sale shall provide the treasurer with an itemized list of all property sold, the amount paid for such property sold, and each purchaser's name and address. The fees of the auctioneer or auction company shall be paid by the treasurer from the proceeds of the sale.

(7) In all cases of sale, the treasurer shall issue a certificate of sale to each purchaser, and such certificate shall be prima facie evidence of the right of the treasurer to make such sale and conclusive evidence of the regularity of the proceedings in conducting and making such sale. The treasurer's certificate shall transfer to the purchaser all right, title, and interest of the owner in and to the property sold.

(8) Any surplus of the sale proceeds remaining over and above the taxes, delinquent interest, and costs of making the seizure and advertising the sale shall be paid over to the owner and a written account of the sale furnished him.

(9) If, prior to the time fixed for the sale, the amount demanded is paid to the treasurer, the property distrained upon and seized shall be restored to the owner thereof.

(10) Repealed.

(11) If taxes become delinquent upon the personal property of any public utility, as defined in article 4 of this title, the treasurer of the county in which the taxes are delinquent shall commence a court action for collection or employ a collection agency as provided in section 39-10-112 or distrain and sell any of the personal property of the utility wherever found in the manner that other personal property is to be distrained and sold for the nonpayment of taxes; except that, for taxes imposed pursuant to article 1 of title 32, C.R.S., that equal or exceed one hundred mills in any one year, only the personal property that is the subject of the taxes and located within the special district at the time of assessment of the taxes shall be subject to levy or distraint for the payment of the delinquent taxes.

(12) Repealed.

(13) When a county seizes property that is used in a business, the county shall not continue to operate the business.
C.R.S. § 39-9-106 — CO Code / Title 39 / Article 9 / Section 39-9-106
39-9-106. Supervision and administration of property tax laws
Status: in_force

39-9-106. Supervision and administration of property tax laws. The state board of equalization shall have supervision of the administration of all laws concerning the valuation and assessment of taxable property and the levying of property taxes.
C.R.S. § 39-30-101 — CO Code / Title 39 / Article 30 / Section 39-30-101
39-30-101. Short title
Status: in_force

39-30-101. Short title. This article shall be known and may be cited as the "Urban and Rural Enterprise Zone Act".
C.R.S. § 39-22-653 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-653
39-22-653. Taxpayer disclosure of reportable or listed transactions
Status: in_force

39-22-653. Taxpayer disclosure of reportable or listed transactions. (1) A taxpayer shall be subject to the provisions of this section for each taxable year in which the taxpayer participates in a reportable or listed transaction.

(2) A taxpayer subject to the provisions of this section shall disclose any reportable or listed transaction to the department in a disclosure statement as specified in subsection (5) of this section; except that, in the case of multiple transactions described in section 39-22-652 (5)(b) or (5)(c) that occur within a single tax year, in lieu of a disclosure for each transaction with a regulated investment company or a real estate investment trust, a taxpayer may file a disclosure for multiple transactions with a regulated investment company or real estate investment trust showing the name and ownership of each such entity and each such entity's total assets and total income earned prior to any dividend paid deduction.

(3) If a taxpayer participates in or has participated in any reportable or listed transaction for any period that is still open for assessment pursuant to section 39-21-107 as of the due date of the taxpayer's income tax return, then the taxpayer shall file a disclosure statement as specified in subsection (5) of this section with respect to the reportable or listed transaction.

(4) (a) Any statement that is required to be filed or disclosure required to be made by this section with respect to any tax year for which the return has already been filed by a date sixty days after April 2, 2009, and that is filed or made prior to or together with the taxpayer's next filed return shall be considered timely filed or made.

(b) Any statement that is required to be filed or disclosure required to be made by this section with respect to any tax year the return for which has not been filed by a date sixty days after April 2, 2009, and that is filed or made on or before July 1, 2010, shall be considered timely filed or made.

(c) The statute of limitations with respect to any return for which a statement is required to be filed or disclosure required to be made by this section shall be tolled from April 2, 2009, until such statement or disclosure is filed or made, but in no event shall the statute of limitations be tolled for more than twenty-four months.

(5) (a) With respect to any reportable transaction or with respect to any listed transaction as specified in section 39-22-652 (5)(a), the taxpayer shall, at the taxpayer's discretion, file with the taxpayer's next filed return a copy of the federal disclosure form or a form specified by the department.

(b) With respect to any listed transaction not specified in section 39-22-652 (5)(a), the department may specify the form and manner of any statement required to be filed or disclosure required to be made, which statement shall be filed with the taxpayer's next filed return.
C.R.S. § 39-22-327 — CO Code / Title 39 / Article 22 / Part 3 / Section 39-22-327
39-22-327. Distributions
Status: in_force

39-22-327. Distributions. A distribution made by an S corporation with respect to its stock to a shareholder shall be taken into account by such shareholder for the purposes of section 39-22-104 to the extent that the distribution is determined to be taxable under the internal revenue code.
C.R.S. § 39-8-108 — CO Code / Title 39 / Article 8 / Section 39-8-108
39-8-108. Decision - review - opportunity to submit case to arbitration
Status: repealed

39-8-108. Decision - review - opportunity to submit case to arbitration. (1) If the county board of equalization grants a petition, in whole or in part, the assessor shall adjust the valuation accordingly; but, if the petition is denied, in whole or in part, the petitioner may appeal the valuation set by the assessor or, if the valuation is adjusted as a result of a decision of the county board of equalization, the adjusted valuation to the board of assessment appeals or to the district court of the county wherein the petitioner's property is located for a trial de novo, or the petitioner may submit the case to arbitration pursuant to the provisions of section 39-8-108.5. Such appeal or submission to arbitration shall be taken no later than thirty days after the date such denial was mailed pursuant to section 39-8-107 (2). Any decision rendered by the county board of equalization shall state that the petitioner has the right to appeal the decision of the county board to the board of assessment appeals or to the district court of the county wherein the petitioner's property is located or to submit the case to arbitration and, to preserve such right, the time by which such appeal or submission to arbitration must be made. Any request by a taxpayer for a hearing before the board of assessment appeals shall be accompanied by a nonrefundable filing fee in an amount specified in section 39-2-125 (1)(h). In addition, any request by a taxpayer for a hearing before the board of assessment appeals shall be stamped with the date on which such request was received by the board. All such requests shall be presumed to be on time unless the board can present evidence to show otherwise.

(2) If the petitioner has appealed to the board of assessment appeals and the decision of the board of assessment appeals is against the petitioner, the petitioner may petition the court of appeals for judicial review according to the Colorado appellate rules and the provisions of section 24-4-106 (11), C.R.S. If the decision of the board is against the respondent, the respondent, upon the recommendation of the board that it either is a matter of statewide concern or has resulted in a significant decrease in the total valuation of the respondent county, may petition the court of appeals for judicial review according to the Colorado appellate rules and the provisions of section 24-4-106 (11), C.R.S. In addition, on and after June 7, 1989, if the decision of the board is against the respondent, the respondent may petition the court of appeals for judicial review of alleged procedural errors or errors of law within thirty days of such decision when the respondent alleges procedural errors or errors of law by the board of assessment appeals. If the board does not recommend its decision to be a matter of statewide concern or to have resulted in a significant decrease in the total valuation of the respondent county, the respondent may petition the court of appeals for judicial review of such questions within thirty days of such decision. Any decision issued by the board of assessment appeals shall inform the petitioner or respondent, as may be appropriate, of the right to petition the court of appeals for judicial review.

(3) If the decision of the county board of equalization has been appealed to the district court, the decision of the court shall be subject to appellate review according to the Colorado appellate rules and the provisions of section 24-4-106 (9), C.R.S.

(4) If the taxpayer submits his case to arbitration pursuant to the provisions of section 39-8-108.5, the decision reached under such process shall be final and not subject to review.

(5) In any appeal authorized by this section or by section 39-5-122, 39-5-122.7, or 39-10-114:

(a) Repealed.

(a.5) The valuation may not be adjusted to a value of more than five percent above the valuation set by the county board of equalization pursuant to section 39-8-107, except as specifically permitted pursuant to section 39-5-125;

(b) The assessor's valuation of similar property similarly situated shall be credible evidence;

(c) The respondent may not rely on any confidential information which is not available for review by the taxpayer unless such confidential data is presented in such a manner that the source cannot be identified;

(d) Upon request, the respondent shall make available to the taxpayer two working days prior to any appeal hearing data supporting the assessor's valuation. Such request shall be accompanied by data supporting the taxpayer's valuation. Nothing in this paragraph (d) shall be construed to prohibit the introduction at such appeal hearing of any data discovered as a result of the exchange of data required by this paragraph (d); and

(e) In using the market approach to determine the value of residential real property, if the assessor has knowledge of the conversion from one residential use to a different residential use, such conversion shall create a rebuttable presumption that the sale of such property is not a comparable sale for purposes of establishing the value of a property having a similar prior residential use.

(6) In any appeal or submission to arbitration authorized by this section, there shall be no presumption in favor of any pending valuation.
C.R.S. § 39-21-109 — CO Code / Title 39 / Article 21 / Part 1 / Section 39-21-109
39-21-109. Interest on underpayment, nonpayment, or extensions of time for payment of tax
Status: in_force

39-21-109. Interest on underpayment, nonpayment, or extensions of time for payment of tax. (1) If any tax or charge administered pursuant to this article 21 is not paid on or before the last date prescribed for payment, interest on such amount at the rate imposed under section 39-21-110.5, except as provided in subsection (1.5) of this section, shall be paid for the period from such last date to the date paid. The last date prescribed for payment shall be determined without regard to any extension of time for payment and shall be determined without regard to any notice and demand for payment issued, by reason of jeopardy, prior to the last date otherwise prescribed for such payment. In the case of a tax in which the last date for payment is not otherwise prescribed, the last date for payment shall be deemed to be the date the liability for the tax arises, and in no event shall it be later than the date notice and demand for the tax is made by the executive director of the department of revenue or the executive director's delegate.

(1.5) If payment of or an agreement to pay the amount of any tax described in subsection (1) of this section is made within thirty days of notice of underpayment, nonpayment, or extension of time, the executive director shall waive the imposition of the three points in excess of the prime rate described in section 39-21-110.5 (2) on such amount unless the executive director determines that there has been a willful neglect or failure to pay such tax.

(2) Interest prescribed under this section shall be paid upon notice and demand and shall be assessed, collected, and paid in the same manner as the tax to which it is applicable.

(3) If any portion of a tax is satisfied by credit of an overpayment, then no interest shall be imposed under this section on the portion of the tax so satisfied for any period during which, if the credit had not been made, interest would have been allowed with respect to such overpayment.

(4) Interest prescribed under this section on any tax may be assessed and collected at any time during the period within which the tax to which such interest relates may be assessed and collected.

(5) This section shall not apply to any failure to pay estimated Colorado income tax.
C.R.S. § 39-29-109.3 — CO Code / Title 39 / Article 29 / Section 39-29-109.3
39-29-109.3. Severance tax operational fund - core reserve - grant program reserve - definiti
Status: repealed

39-29-109.3. Severance tax operational fund - core reserve - grant program reserve - definitions - repeal. (1) The executive director of the department of natural resources shall submit with the department's budget request for each fiscal year a list and description of the programs the executive director recommends to be funded from the severance tax operational fund created in section 39-29-109 (2)(b), referred to in this section as the "operational fund". Except as otherwise provided in subsections (10) and (12) of this section, the general assembly may appropriate money from the total money available in the operational fund to fund recommended programs as follows:

(a) (I) For programs or projects within the energy and carbon management commission created in section 34-60-104.3 (1), up to thirty-five percent of the money in the operational fund for fiscal years commencing on or after July 1, 2009.

(II) Money appropriated for programs or projects pursuant to subsection (1)(a)(I) of this section shall be used by the energy and carbon management commission for plugging and abandonment projects, for well-site location reclamation projects, or for regulatory and environmental programs or projects as specifically appropriated by the general assembly for use on such programs or projects; except that, if the commission determines that an emergency exists, the commission may expend any money received for the emergency without any further appropriation. In determining the uses of this money, the commission shall give priority to uses that reduce industry fees and mill levies.

(b) For programs within the Colorado geological survey, up to fifteen percent of the moneys in the operational fund;

(b.5) For the avalanche information center, up to five percent of the moneys in the operational fund;

(c) For programs within the division of reclamation, mining, and safety, up to thirty percent of the money in the operational fund for fiscal years commencing before July 1, 2008, and up to twenty-five percent of the money in the operational fund for fiscal years commencing on or after July 1, 2008;

(d) For programs within the Colorado water conservation board and for purposes authorized by article 75 of title 37, C.R.S., up to five percent of the moneys in the operational fund;

(e) For fiscal years commencing on or after July 1, 2008, only, for programs within the division of parks and wildlife that monitor, manage, or mitigate the impacts of mineral or mineral fuel production activities on wildlife in any region of the state in which production activity is occurring or, from any location in the state, research such impacts, up to five percent of the moneys in the operational fund, which moneys shall not supplant moneys that would otherwise be made available for such programs;

(f) For fiscal years commencing on or after July 1, 2009, for programs within the division of parks and wildlife that operate, maintain, or improve state parks in any region of the state in which production activity is occurring, up to ten percent of the moneys in the operational fund.

(g) If the general assembly appropriates less than one hundred percent of the money available in the operational fund for the purposes set forth in subsections (1)(a) to (1)(f) of this section, then the general assembly may additionally appropriate:

(I) Up to five million dollars to the species conservation trust fund created in section 24-33-111 (2)(a);

(II) Up to four million six thousand five dollars from the operational fund to the division of parks and wildlife aquatic nuisance species fund created in section 33-10.5-108 (1);

(III) Through the 2023-24 state fiscal year, up to four hundred fifty thousand dollars, and for the 2024-25 state fiscal year and each state fiscal year thereafter, up to seven hundred thousand dollars to the conservation district grant fund created in section 35-1-106.7;

(IV) For the 2022-23 state fiscal year, up to ten million dollars to the wildfire mitigation capacity development fund created in section 24-33-117 (1); and

(V) For the 2023-24 state fiscal year and each state fiscal year thereafter, up to five million dollars to the wildfire mitigation capacity development fund created in section 24-33-117 (1).

(1.5) On June 30, 2021, and July 1, 2022, the state treasurer shall transfer nine million four hundred fifty-six thousand five dollars from the general fund to the operational fund.

(1.7) and (2) Repealed.

(3) (a) It is the intent of the general assembly that the operational fund maintain a reserve equal to two times the current state fiscal year's appropriations made from the operational fund, but if severance tax revenues are less than anticipated, then money in the reserve is available to be used for expenditures authorized by the appropriations.

(b) and (c) Repealed.

(3.5) (a) Repealed.

(b) If at the end of a fiscal year the reserve for the operational fund specified in subsection (3)(a)(I) of this section is full, then, on August 15 following the end of the fiscal year, the state treasurer shall transfer the remainder to the severance tax perpetual base fund created in section 39-29-109 (2)(a).

(c) Repealed.

(4) to (8) Repealed.

(9) On June 30, 2023, the state treasurer shall transfer twelve million six hundred thousand dollars from the operational fund to the water plan implementation cash fund created in section 37-60-123.3.

(10) (a) On July 1, 2023, the state treasurer shall transfer ten million dollars from the operational fund to the capital construction fund created in section 24-75-302 (1)(a) for use by state-supported institutions of higher education in energy impacted counties for energy-related programs or projects.

(b) This subsection (10) is repealed, effective July 1, 2026.

(11) (a) On June 30, 2025, the state treasurer shall transfer eighteen million two hundred fifty-nine thousand eight hundred five dollars from the fund to the general fund.

(b) This subsection (11) is repealed, effective June 30, 2026.

(12) (a) On July 1, 2024, the state treasurer shall transfer seven hundred forty-eight thousand dollars from the operational fund to the clean water cash fund created in section 25-8-210 (4) for use by the department of public health and environment in administering the program described in section 25-8-205.1.

(b) This subsection (12) is repealed, effective July 1, 2027.
C.R.S. § 39-1-103 — CO Code / Title 39 / Article 1 / Section 39-1-103
39-1-103. Actual value determined - when - legislative declaration
Status: repealed

39-1-103. Actual value determined - when - legislative declaration. (1) The valuation for assessment of producing mines and nonproducing mining claims shall be determined as provided in article 6 of this title.

(2) The valuation for assessment of leaseholds and lands producing oil or gas shall be determined as provided in article 7 of this title.

(3) The actual value for property tax purposes of the operating property and plant of all public utilities doing business in this state shall be determined by the administrator, as provided in article 4 of this title.

(4) (a) Repealed.

(b) The valuation for assessment of mobile homes shall be determined as provided in section 39-5-203.

(5) (a) All real and personal property shall be appraised and the actual value thereof for property tax purposes determined by the assessor of the county wherein such property is located. The actual value of such property, other than agricultural lands exclusive of building improvements thereon and other than residential real property and other than producing mines and lands or leaseholds producing oil or gas, shall be that value determined by appropriate consideration of the cost approach, the market approach, and the income approach to appraisal. The assessor shall consider and document all elements of such approaches that are applicable prior to a determination of actual value. The actual value reflects the value of the fee simple estate. Despite any orders of the state board of equalization, no assessor shall arbitrarily increase the valuations for assessment of all parcels represented within the abstract of a county or within a class or subclass of parcels on that abstract by a common multiple in response to the order of said board. If an assessor is required, pursuant to the order of said board, to increase or decrease valuations for assessment, such changes shall be made only upon individual valuations for assessment of each and every parcel, using each of the approaches to appraisal specified in this subsection (5)(a), if applicable. The actual value of agricultural lands, exclusive of building improvements thereon, shall be determined by consideration of the earning or productive capacity of such lands during a reasonable period of time, capitalized at a rate of thirteen percent. Land that is valued as agricultural and that becomes subject to a perpetual conservation easement shall continue to be valued as agricultural notwithstanding its dedication for conservation purposes; except that, if any portion of such land is actually used for nonagricultural commercial or nonagricultural residential purposes, that portion shall be valued according to such use. Nothing in this subsection (5) shall be construed to require or permit the reclassification of agricultural land or improvements, including residential property, due solely to subjecting the land to a perpetual conservation easement. The actual value of residential real property shall be determined solely by consideration of the market approach to appraisal. A gross rent multiplier may be considered as a unit of comparison within the market approach to appraisal. The valuation for assessment of producing mines and of lands or leaseholds producing oil or gas shall be determined pursuant to articles 6 and 7 of this title 39. In establishing actual value, an assessor shall also consider:

(I) Current use;

(II) Existing zoning and other governmental land use or environmental regulations and restrictions;

(III) Multi-year leases or other contractual agreements affecting the use of or income from the property;

(IV) Easements and reservations of record; and

(V) Covenants, conditions, and restrictions of record.

(b) If, having considered the three approaches prescribed in paragraph (a) of this subsection (5), at the sole discretion of the assessor the use of the three approaches to value cannot accurately determine the actual value of any parcel of taxable property, or in the opinion of the assessor the application of the three approaches to value does not result in uniform, just, and equalized valuation, then the actual value thereof shall be determined by comparison of the surface use of such property with a similar surface use.

(c) Except as provided in section 39-1-102 (14.4)(b) or 39-1-102 (14.4)(c) and in subsections (5)(e) and (5)(f) of this section, once any property is classified for property tax purposes, it shall remain so classified until such time as its actual use changes or the assessor discovers that the classification is erroneous. The property owner shall endeavor to comply with the reasonable requests of the assessor to supply information which cannot be ascertained independently but which is necessary to determine actual use and properly classify the property when the assessor has evidence that there has been a change in the use of the property. Failure to supply such information shall not be the sole reason for reclassifying the property. Any such request for such information shall be accompanied by a notice that states that failure on the part of the property owner to supply such information will not be used as the sole reason for reclassifying the property in question. Subject to the availability of funds under the assessor's budget for such purpose, no later than May 1 of each year, the assessor shall inform each person whose property has been reclassified from agricultural land to any other classification of property of the reasons for such reclassification including, but not limited to, the basis for the determination that the actual use of the property has changed or that the classification of such property is erroneous.

(d) If a parcel of land is classified as agricultural land as defined in section 39-1-102 (1.6)(a)(III) and the perpetual conservation easement is terminated, violated, or substantially modified so that the easement is no longer granted exclusively for conservation purposes, the assessor may reassess the land retroactively for a period of seven years and the additional taxes, if any, that would have been levied on the land during the seven year period prior to the termination, violation, or modification shall become due.

(e) (I) Except as provided in subparagraph (II) of this paragraph (e) and in paragraph (f) of this subsection (5), if a parcel of land is classified as agricultural land as defined in section 39-1-102 (1.6) and the productivity of such parcel of land is destroyed by a natural cause on or after January 1, 2012, so that, were it not for the destruction of the productivity of the land by a natural cause, the land would have qualified as agricultural land for the following property tax year, the agricultural land classification shall remain in place for the year of destruction and the four subsequent property tax years so long as the assessor receives evidence from the owner that the owner is in the process of rehabilitating the productivity of the land for agricultural use. Such evidence includes, but is not limited to, removing debris, removing contaminants, restoring fences and agricultural structures, reseeding, providing water for livestock, or contouring the land suitable for agricultural use.

(II) The agricultural land classification of the land described in subparagraph (I) of this paragraph (e) must change according to current use if:

(A) The productivity of the land is not rehabilitated for agricultural use prior to the January 1 after the period described in subparagraph (I) of this paragraph (e), unless the property owner provides documentary evidence to the assessor that during such period a good-faith effort was made to rehabilitate the productivity of the land for agricultural use but that additional time is necessary;

(B) The assessor determines that the classification at the time of destruction of the productivity of the land as a result of a natural cause was erroneous; or

(C) A change of use has occurred. For purposes of this sub-subparagraph (C), a change of use does not include the temporary loss of agricultural classification of the land as a result of the destruction of the productivity of the land by a natural cause.

(f) (I) Except as provided in subparagraph (II) of this paragraph (f), if a parcel of land is classified as agricultural land as defined in section 39-1-102 (1.6)(a)(II) and the productivity of the parcel of land is destroyed by a natural cause on or after January 1, 2012, so that, were it not for the destruction of the productivity of the land by a natural cause, the land would have qualified as agricultural land for the following property tax year, the agricultural land classification shall remain in place notwithstanding the length of the rehabilitation period specified in subparagraph (I) of paragraph (e) of this subsection (5) so long as the owner is in compliance with an approved forest management plan and is on the list provided by the Colorado state forest service as having such a plan.

(II) The agricultural land classification of the land described in subparagraph (I) of this paragraph (f) must change according to current use if:

(A) The assessor determines that the classification at the time of destruction of the productivity of the land as a result of a natural cause was erroneous; or

(B) A change of use has occurred. For purposes of this sub-subparagraph (B), a change of use does not include the temporary loss of agricultural classification of the land as a result of the destruction of the productivity of the land by a natural cause.

(6) and (7) Repealed.

(8) In any case in which sales prices of comparable properties within any class or subclass are utilized when considering the market approach to appraisal in the determination of actual value of any taxable property, the following limitations and conditions shall apply:

(a) (I) Use of the market approach shall require a representative body of sales, including sales by a lender or government, sufficient to set a pattern, and appraisals shall reflect due consideration of the degree of comparability of sales, including the extent of similarities and dissimilarities among properties that are compared for assessment purposes. In order to obtain a reasonable sample and to reduce sudden price changes or fluctuations, all sales shall be included in the sample that reasonably reflect a true or typical sales price during the period specified in section 39-1-104 (10.2). Sales of personal property exempt pursuant to the provisions of sections 39-3-102, 39-3-103, and 39-3-119 to 39-3-122 shall not be included in any such sample.

(II) Because of the unique characteristics and limited number of oil shale mineral interests, a minimum of five arm's-length sales of reasonably comparable oil shale mineral interests shall be required to constitute a market for purposes of utilization of the market approach to appraisal in determining the actual value of nonproducing oil shale mineral interests.

(b) Each such sale included in the sample shall be coded to indicate a typical, negotiated sale, as screened and verified by the assessor.

(c) All such coded, typical sales samples shall be supplied to the administrator for the performance of his duties.

(d) In no event shall a sales ratio be established or utilized for any class or subclass of property unless and until there have been at least thirty such coded, typical sales or at least five percent of all properties in such class or subclass within the county have been sold and verified by the assessor as coded, typical sales, whichever amount is greater. When such minimum requirement has not been met but typical sales within any such class or subclass indicate that valuations in the class or subclass are too high or too low, such fact shall be reported to the state board of equalization, which board may order an independent appraisal study in such county.

(e) Repealed.

(f) Such true and typical sales shall include only those sales which have been determined on an individual basis to reflect the selling price of the real property only or which have been adjusted on an individual basis to reflect the selling price of the real property only.

(9) (a) In the case of an improvement which is used as a residential dwelling unit and is also used for any other purpose, the actual value and valuation for assessment of such improvement shall be determined as provided in this paragraph (a). The actual value of each portion of the improvement shall be determined by application of the appropriate approaches to appraisal specified in subsection (5) of this section. The actual value of the land containing such an improvement shall be determined by application of the appropriate approaches to appraisal specified in subsection (5) of this section. The land containing such an improvement shall be allocated to the appropriate classes based upon the proportion that the actual value of each of the classes to which the improvement is allocated bears to the total actual value of the improvement. The appropriate valuation for assessment ratio shall then be applied to the actual value of each portion of the land and of the improvement.

(b) In the case of land containing more than one improvement, one of which is a residential dwelling unit, the determination of which class the land shall be allocated to shall be based upon the predominant or primary use to which the land is put in compliance with land use regulations. If multiuse is permitted by land use regulations, the land shall be allocated to the appropriate classes based upon the proportion that the actual value of each of the classes to which the improvements are allocated bears to the combined actual value of the improvements; the appropriate valuation for assessment ratio shall then be applied to the actual value of each portion of the land.

(10) Common property or common elements within a common interest community as defined in the "Colorado Common Interest Ownership Act", article 33.3 of title 38, C.R.S., shall be appraised and valued pursuant to the provisions of section 38-33.3-105, C.R.S.

(10.5) (a) The general assembly hereby finds and declares that bed and breakfasts are unique mixed-use properties; that all areas of a bed and breakfast, except for the commercial lodging area, are shared and common areas that allow innkeepers and guests to interact in a residential setting; that the land on which a bed and breakfast is located and that is used in conjunction with the bed and breakfast is primarily residential in nature; and that there appears to exist a wide disparity in how assessors classify the different portions of bed and breakfasts.

(b) Therefore, notwithstanding any other provision of this article 1, a bed and breakfast shall be assessed as provided in this subsection (10.5). The commercial lodging area of a bed and breakfast shall be assessed at the rate for lodging property. Any part of the bed and breakfast that is not a commercial lodging area shall be considered a residential improvement and assessed accordingly. The actual value of each portion of the bed and breakfast shall be determined by the application of the appropriate approaches to appraisal specified in subsection (5) of this section. The actual value of the land containing a bed and breakfast shall be determined by the application of the appropriate approaches to appraisal specified in subsection (5) of this section. The land containing a bed and breakfast shall be assessed as follows:

(I) The portion of land directly underneath a bed and breakfast shall be assessed pursuant to the procedures pertaining to land set forth in subsection (9) of this section.

(II) There shall be a rebuttable presumption that all remaining land shall be assessed as residential land. Such presumption shall only be overcome if there is a nonresidential use not reasonably associated with the operation of the bed and breakfast on some portion of the remaining land, in which case, such portion of the remaining land shall be assessed as nonresidential land.

(III) Subparagraphs (I) and (II) of this paragraph (b) shall not apply to agricultural land.

(10.7) (a) The general assembly hereby finds and declares that:

(I) A nursing home is a unique residential property that is the residence of the individuals living there at the time, regardless of their length of stay;

(II) There is a discrepancy in how assessing officers classify nursing homes that provide short-term services and nursing homes that provide longer-term services for purposes of calculating property tax; and

(III) Therefore, it is important for the general assembly to clarify that all nursing homes, regardless of a resident's length of stay, must be classified as residential real property.

(b) For property tax years commencing on and after January 1, 2023, land used for a nursing home and any improvements affixed to that land for the use of the nursing home are classified and assessed as residential real property, regardless of a resident's length of stay.

(11) The general assembly hereby declares that consideration by assessing officers of the cost approach, market approach, and income approach to the appraisal of real property has resulted in valuations of minerals in place which are neither uniform, nor just and equal, because of wide variations within the same locality in quality and quantity of mineral deposits, if any, because of uncertainty in the existence or extent of such deposits, because of difficulty in measuring acquisition or replacement costs, or because of speculative value judgments when minerals in place are not income producing. Therefore, in the absence of preponderant evidence shown by the assessing officer that the use of the cost approach, market approach, and income approach result in uniform and just and equal valuation, minerals in place are not to be considered in determining the actual value of real property.

(12) In any case in which the income approach is utilized in the determination of the actual value of any nonproducing oil shale mineral interests, the following limitations and conditions shall apply:

(a) The assessor shall capitalize the annual rental income for such nonproducing mineral interests at a capitalization rate of thirteen percent. If nonproducing mineral interests are unleased, the assessor shall use the annual rental as defined in paragraph (b) of this subsection (12).

(b) For the purposes of this subsection (12), "annual rental" means annual rental payments, or other compensatory payments payable for the right to hold a mineral interest, which payments are fixed and certain in amount and payable periodically over a fixed period calculated on a twelve-month basis. "Annual rental" shall be the representative annual rental for such mineral interests leased within the county or the area, and "annual rental" does not include royalty payments, advanced royalty payments, bonus payments, or minimum royalty payments covering periods when the mineral interests are not in production, even though said payments may be fixed and certain in amount and payable periodically. For the purposes of this paragraph (b), "royalty payments", "advanced royalty payments", and "minimum royalty payments" mean payments attributable to a portion of the current or future mineral production of a mineral interest, paid for the privilege of producing minerals, and "bonus payments" means compensation paid as consideration for the granting of a mineral lease or other compensatory payments which are payable regardless of the extent of use of the mineral interest and which are fixed and certain in amount and may be payable in one or more periodical increments over a fixed period.

(13) (a) The general assembly hereby finds and declares that, in the consideration of the cost approach, market approach, and income approach to the appraisal of personal property by assessing officers, the cost approach shall establish the maximum value of property if all costs incurred in the acquisition and installation of such property are fully and completely disclosed by the property owner to the assessing officer.

(b) Therefore, in the assessment of taxable personal property, the assessing officer shall consider the value derived from the cost approach to be the maximum value of the property if the property owner has timely filed his declaration and the declaration contains all relevant information pertaining to the valuation of the property and, also includes, a full disclosure of all costs incurred in the acquisition and installation of all personal property owned by or in the possession of the taxpayer.

(c) Assessing officers shall consider the cost approach to the appraisal of property, pursuant to the provisions of this subsection (13), in good faith and shall deny the use of the cost approach only upon just cause that the requirements set forth in this subsection (13) and in section 39-5-116 have not been complied with by a taxpayer. If it is determined at any time that an assessing officer wrongly denied the use of the cost approach, such assessing officer shall be held liable for all costs incurred by the taxpayer in protesting such assessment based on such denial. However, nothing in this subsection (13) shall preclude the assessing officers from considering the market approach or income approach to the appraisal of personal property when such consideration would result in a lower value of the property and when such valuation is based on independent information obtained by the assessing officers.

(14) (a) The general assembly hereby finds and declares that, in determining the actual value of vacant land, there appears to exist a wide disparity in the treatment of vacant land by the assessing officers of the various counties; that the methods of appraisal currently being utilized by assessing officers for such valuation remain unclear; and that such assessing officers are provided detailed information concerning the appraisal of vacant land in the manuals, appraisal procedures, and instructions prepared and published by the administrator.

(b) The assessing officers shall give appropriate consideration to the cost approach, market approach, and income approach to appraisal as required by the provisions of section 3 of article X of the state constitution in determining the actual value of vacant land. When using the market approach to appraisal in determining the actual value of vacant land as of the assessment date, assessing officers shall take into account, but need not limit their consideration to, the following factors: The anticipated market absorption rate, the size and location of such land, the direct costs of development, any amenities, any site improvements, access, and use. When using anticipated market absorption rates, the assessing officers shall use appropriate discount factors in determining the present worth of vacant land until eighty percent of the lots within an approved plat have been sold and shall include all vacant land in the approved plat. For purposes of such discounting, direct costs of development shall be taken into account. The use of present worth shall reflect the anticipated market absorption rate for the lots within such plat, but such time period shall not generally exceed thirty years. For purposes of this paragraph (b), no indirect costs of development, including, but not limited to, costs relating to marketing, overhead, or profit, shall be considered or taken into account.

(c) (I) For purposes of this subsection (14), "vacant land" means any lot, parcel, site, or tract of land upon which no buildings or fixtures, other than minor structures, are located. "Vacant land" may include land with site improvements. "Vacant land" includes land that is part of a development tract or subdivision when using present worth discounting in the market approach to appraisal; however, "vacant land" shall not include any lots within such subdivision or any portion of such development tract that improvements, other than site improvements or minor structures, have been erected upon or affixed thereto. "Vacant land" does not include agricultural land, producing oil and gas properties, severed mineral interests, and all mines, whether producing or nonproducing.

(II) For purposes of this subsection (14):

(A) "Minor structures" means improvements that do not add value to the land on which they are located and that are not suitable to be used for and are not actually used for any commercial, residential, or agricultural purpose.

(B) "Site improvements" means streets with curbs and gutters, culverts and other sewage and drainage facilities, and utility easements and hookups for individual lots or parcels.

(d) As soon after the assessment date as may be practicable, the assessor shall mail or deliver two copies of a subdivision land valuation questionnaire for each approved plat within the county to the last-known address of the subdivision developer known or believed to own vacant land within such approved plat. Such questionnaire shall be designed to elicit information vital to determining the present worth of vacant land within such approved plat. Such subdivision developer or his agent shall answer all questions to the best of his ability, attaching such exhibits or statements thereto as may be necessary, and shall sign and return the original copy thereof to the assessor no later than the March 20 subsequent to the assessment date. All information provided by the subdivision developer in such questionnaire shall be kept confidential by the assessor; except that the assessor shall make such information available to the person conducting any valuation for assessment study pursuant to section 39-1-104 (16) and his employees and the property tax administrator and his employees.

(e) If any subdivision developer fails to complete and file one or more questionnaires by March 20, then the assessor may determine the actual value of the taxable vacant land within an approved plat which is owned by such subdivision developer on the basis of the best information available to and obtainable by the assessor.

(15) The general assembly hereby finds and declares that assessing officers shall give appropriate consideration to the cost approach, market approach, and income approach to appraisal as required by section 3 of article X of the state constitution in determining the actual value of taxable property. In the absence of evidence shown by the assessing officer that the use of the cost approach, market approach, and income approach to appraisal requires the modification of the actual value of taxable property for the first year of a reassessment cycle in order to result in uniform and just and equal valuation for the second year of a reassessment cycle, the assessing officer shall consider the actual value of any taxable property for the first year of a reassessment cycle, as may have been adjusted as a result of protests and appeals, if any, prior to the assessment date of the second year of a reassessment cycle, to be the actual value of such taxable property for the second year of a reassessment cycle.

(16) (a) The general assembly hereby finds and declares that in the consideration of the cost approach, market approach, and income approach to appraisal for the valuation of superfund water treatment facilities, the cost approach to appraisal does not adequately reflect characteristics specific to superfund water treatment facilities that negatively impact the value of such facilities, including, but not limited to, the lack of income producing ability and the absence of any market for sale of superfund water treatment facilities. Therefore, in the assessment of superfund water treatment facilities, the income approach to appraisal shall be considered the primary indicator of value and the cost approach or market approach to appraisal shall be used only if the value determined under the cost approach or market approach is less than the value determined under the income approach to appraisal. For the purposes of determining the actual value of superfund water treatment facilities as of the assessment date using the income approach to appraisal, the assessing officer shall capitalize the actual income generated by the facility during the calendar year preceding the assessment date at the rate of ten percent per annum.

(b) For purposes of this subsection (16), "superfund water treatment facilities" means real and personal property that is:

(I) Installed and constructed pursuant to an agreement with or an order of the federal government or the state or any of its political subdivisions and to satisfy the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980", 42 U.S.C. sec. 9601 et seq., as amended; and

(II) Operated for the purpose of eliminating, reducing, controlling, or disposing of pollutants, as defined in section 25-8-103 (15), C.R.S., that could alter the physical, chemical, biological, or radiological integrity of state waters if released into state waters.

(17) (a) The general assembly declares that the valuation of possessory interests in exempt properties is uncertain and highly speculative and that the following specific standards for the appropriate consideration of the cost approach, the market approach, and the income approach to appraisal in the valuation of possessory interests must be provided by statute and applied in the valuation of possessory interests to eliminate the unjust and unequalized valuations that would result in the absence of specific standards:

(I) The actual value of any possessory interest of the lessee or permittee of lands owned by the United States and leased or permitted for use for ski area recreational purposes in connection with a business conducted for profit shall be determined by capitalizing at an appropriate rate the annual fee paid to the United States by the lessee or permittee of such land for the use thereof in the immediately preceding calendar year, adjusted to the level of value using a factor or factors to be published by the administrator pursuant to the same procedures and principles as are provided for property in section 39-1-104 (12.3)(a)(I). The rate used to capitalize any fee pursuant to this subparagraph (I) shall include an appropriate rate of return, an appropriate adjustment for the applicable property tax rate, and an appropriate adjustment to reflect the portion of the fee, if any, required to be paid over by the United States to the state of Colorado and its political subdivisions.

(II) (A) Except for possessory interests in land leased or permitted for use for ski area recreational purposes valued in accordance with subparagraph (I) of this paragraph (a) and except as otherwise provided in subparagraph (III) of this paragraph (a), the actual value of a possessory interest in land, improvements, or personal property shall be determined by appropriate consideration of the cost approach, the market approach, and the income approach to appraisal. When the cost or income approach to appraisal is applicable, the actual value of the possessory interest shall be determined by the present value of the reasonably estimated future annual rents or fees required to be paid by the holder of the possessory interest to the owner of the underlying real or personal property through the stated initial term of the lease or other instrument granting the possessory interest; except that the actual value of a possessory interest in agricultural land, including land leased by the state board of land commissioners other than land leased pursuant to section 36-1-120.5, C.R.S., shall be the actual amount of the annual rent paid for the property tax year. The rents or fees used to determine the actual value of a possessory interest under the cost or income approach to appraisal shall be the actual contract rents or fees reasonably expected to be paid to the owner of the underlying real or personal property unless it is shown that the actual contract rents or fees to be paid for the possessory interest being valued are not representative of the market rents or fees paid for that type of real or personal property, in which case the market rents or fees shall be substituted for the actual contract rents or fees.

(B) The rents or fees taken into account under the cost or income approach to appraisal under sub-subparagraph (A) of this subparagraph (II) shall exclude that portion of the rents and fees required to be paid for all rights other than the exclusive right to use and possess the land, improvements, or personal property. Such rents or fees to be excluded shall include, but shall not be limited to, any portion of such rents or fees attributable to any of the following: Nonexclusive rights to use and possess public property, such as roads, rights-of-way, easements, and common areas; rights to conduct a business, as determined in accordance with guidelines to be published by the administrator; income of the holder of the possessory interest that is not directly derived from and directly related to the use or occupancy of the possessory interest; any amount paid under a timber sales contract or similar agreement for the purchase of timber or for the right to acquire and remove timber; and reimbursement to the owner of the underlying real or personal property of the reasonable costs of operating, maintaining, and repairing the land, improvements, or personal property to which the possessory interest pertains, regardless of whether such costs are separately stated, provided that the types of such costs can be identified with reasonable certainty from the documents granting the possessory interest. The actual value of the possessory interest so determined shall be adjusted to the taxable level of value using a factor or factors to be published by the administrator pursuant to the same procedures and principles as are provided for personal property in section 39-1-104 (12.3)(a)(I).

(III) Subparagraphs (I) and (II) of this paragraph (a) shall not apply to any management contract. In the case of a management contract, the possessory interest shall be presumed to have no actual value. For purposes of this subparagraph (III), "management contract" means a contract that meets all of the following criteria:

(A) The government owner of the real or personal property subject to the contract directly or indirectly provides the management contractor all funds to operate the real or personal property;

(B) The government owns all of the real or personal property used in the operation of the real or personal property subject to the contract;

(C) The government maintains control over the amount of profit the management contractor can realize or sets the prices charged by the management contractor, or the management contractor's exclusive obligation is to operate and manage the real or personal property for which the management contractor receives a fee;

(D) The government reserves the right to use the real or personal property when it is not being managed or operated by the management contractor;

(E) The management contractor has no leasehold or similar interest in the real or personal property;

(F) To the extent the management contractor manages a manufacturing process for the government on the real property subject to the contract, the government owns all or substantially all of the personal property used in the process; and

(G) The real or personal property is maintained and repaired at the expense of the government.

(b) This subsection (17) shall not apply to and shall not be construed to affect or change the valuation of public utilities pursuant to article 4 of this title, the valuation of equities in state lands pursuant to section 39-5-106, the valuation of mines pursuant to article 6 or any other article of this title, or the valuation of oil and gas leaseholds and lands pursuant to article 7 of this title.

(18) (a) The general assembly hereby finds and declares that real property that is located in a district in which limited gaming is authorized but that is not used for limited gaming may be unfairly valued by comparison of said real property with real property that is used for limited gaming. The general assembly further finds that real property that is located in a gaming district may be reasonably used for purposes other than limited gaming, that such alternative uses may be beneficial in strengthening the economies of gaming districts, and that such alternative uses should be encouraged. In addition, the general assembly finds that applying the cost and market approaches to appraisal in valuing real property that is located in a limited gaming district but that is not used for limited gaming may result in an unfairly high valuation of real property that is reasonably used for a purpose other than limited gaming. Therefore, the provisions of this subsection (18) shall govern the classification and valuation of real property that is located within a gaming district but that is not used for limited gaming.

(b) For property tax years beginning on or after January 1, 1999, if the actual use as of the assessment date of any real property that is located in a limited gaming district but that is not used for limited gaming is used as residential real property, the real property shall be classified as residential real property, and the assessing officer shall determine the actual value of said real property as of the assessment date by applying the market approach to appraisal. If, due to the limited number of real properties located within a limited gaming district that are not used for limited gaming and that are used as residential real property, comparable valuation data is not available from within a limited gaming district to determine adequately the actual value of real property located within said limited gaming district that is not used for limited gaming and that is used as residential real property, notwithstanding any law to the contrary, the assessing officer shall consider sales of reasonably comparable residential real property located inside and outside of any limited gaming district for purposes of utilization of the market approach to appraisal in determining the actual value of said real property located within a limited gaming district that is not used for limited gaming and that is used as residential real property.

(c) For property tax years beginning on or after January 1, 1999, if the actual use as of the assessment date of any real property that is located in a limited gaming district is not for limited gaming or as residential real property, including but not limited to vacant land, the real property shall be classified as nongaming real property, and the assessing officer shall determine the actual value of said real property as of the assessment date by giving appropriate consideration to the cost, market, and income approaches to appraisal. If, due to the limited number of real properties located within a limited gaming district that are not used for limited gaming or as residential real property, comparable valuation data is not available from within a limited gaming district to determine adequately the actual value of real property located within said limited gaming district that is not used for limited gaming or as residential real property, notwithstanding any law to the contrary, the assessing officer shall:

(I) Consider sales of reasonably comparable real property that is not used as residential property located inside and outside of any limited gaming district for purposes of utilization of the market approach to appraisal in determining the actual value of real property located within a limited gaming district that is not used for limited gaming or as residential real property; and

(II) Consider reasonably comparable real property that is not used as residential property located inside and outside of any limited gaming district for purposes of utilization of the income approach to appraisal in determining the actual value of real property located within a limited gaming district that is not used for limited gaming or as residential real property.

(d) For purposes of this subsection (18), real property is considered to be "used for limited gaming" if the owner or lessee of the real property holds a retail gaming license issued pursuant to part 5 of article 30 of title 44, and if the owner or lessee actually uses the real property in offering limited gaming for play or for administrative support services related to providing limited gaming or makes the real property available for other uses by persons who are engaged in limited gaming for play, including but not limited to using the property for parking, for a restaurant, or for a hotel or motel.
C.R.S. § 39-28-102.5 — CO Code / Title 39 / Article 28 / Part 1 / Section 39-28-102.5
39-28-102.5. Licensing of wholesale subcontractors - rules - fines
Status: in_force

39-28-102.5. Licensing of wholesale subcontractors - rules - fines. (1) It is unlawful for any wholesale subcontractor to sell or offer for sale cigarettes to a retailer in this state 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 wholesale subcontractors 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 wholesale subcontractor, a separate license for each place of business shall be required. No license shall be issued to a wholesale subcontractor unless the wholesale subcontractor has a current license issued pursuant to section 39-26-103. 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 rules adopted by the department. The license fee shall be ten dollars per year, and such license fees shall be credited to the wholesale and distributing subcontractor license fund, which is hereby created in the state treasury. All moneys in the fund shall be subject to annual appropriation by the general assembly to the department for costs incurred in administering this section and section 39-28.5-104.5. 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 wholesale subcontractor violating any provision of this article, and no license shall be issued to such wholesale subcontractor within a period of two years thereafter. The department may share information on the names and addresses of persons who purchased cigarettes from a wholesale subcontractor 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 wholesale subcontractor license and shall revoke a wholesale subcontractor'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.

(2) (Deleted by amendment, L. 2008, p. 183, § 2, effective August 5, 2008.)