C.R.S. § 39-3-207 — CO Code / Title 39 / Article 3 / Part 2 / Section 39-3-207
39-3-207. Reporting of exemptions - reimbursement to local governmental entities - repeal
Status: repealed

39-3-207. Reporting of exemptions - reimbursement to local governmental entities - repeal. (1) No later than October 10, 2002, and no later than each October 10 thereafter through October 10, 2016, and no later than September 10, 2017, and no later than each September 10 thereafter, each assessor shall forward to the administrator a report on the exemptions allowed in his or her county for the current property tax year. The report shall include:

(a) A statement of the total amount of actual value of residential real property within the county that is exempted from taxation;

(b) With respect to each unit of residential real property for which an exemption is allowed:

(I) The legal description of the property;

(II) The schedule or parcel number for the property;

(III) The name and social security number of the applicant who claimed an exemption for the property and each additional person who occupies the property; and

(IV) A statement of the taxable and tax exempt value of the property; and

(c) For reports issued for the 2007 property tax year and for each subsequent property tax year, separate identification, in such form as the administrator may require, of the units of residential real property within the county exempted from taxation under section 39-3-203 (1.5) and of the total amount of actual value of the property so exempted.

(2) (a) (I) The administrator shall examine the reports sent by each assessor pursuant to subsection (1) of this section to ensure that no applicant has claimed an exemption without meeting all legal requirements for claiming the exemption. No later than November 1, 2002, and no later than each November 1 thereafter, if the administrator determines that an applicant has claimed more than one exemption, the administrator shall provide written notice to the applicant that the applicant has claimed more than one exemption and is therefore not entitled to any exemption. No later than November 1, 2016, and no later than each November 1 thereafter, if the administrator determines that the applicant and the applicant's spouse have claimed separate exemptions in violation of section 39-3-203 (5), that the applicant has claimed an exemption for residential real property that the applicant does not own and occupy as the applicant's primary residence as required by section 39-3-203 (1), or that the applicant is otherwise ineligible to claim an exemption, the administrator shall provide written notice to the applicant that the applicant is ineligible for the exemption and specify the reasons for the determination of ineligibility. The notice shall also include a statement specifying the deadline and procedures for protesting the denial of the exemption or exemptions claimed.

(II) An applicant whose claims for exemption are denied by the administrator pursuant to subparagraph (I) of this paragraph (a) may file a written protest with the administrator no later than November 15 of the year in which the exemption or exemptions were denied. If the ground for the denial is that the applicant, or the applicant and the applicant's spouse, claimed multiple exemptions, the sole ground for a protest is that the applicant, or the applicant and the applicant's spouse, filed only one claim for an exemption and the protest shall specify property or properties identified by the administrator in the notice denying exemptions for which no exemption was claimed. The administrator shall request that any appropriate assessor check the assessor's records of exemption applications to determine whether the applicant filed a disputed exemption application and shall decide the protest accordingly. If the ground for the denial is that the applicant is not an owner-occupier of the residential real property for which an exemption is claimed, the sole grounds for a protest are that the applicant actually is an owner-occupier or that the applicant qualifies for an exemption for the property under section 39-3-203 (6). If a protest is denied, the administrator shall mail the applicant a written statement of the basis for the denial and a copy of each exemption application filed with an assessor that the applicant claimed had not been filed.

(b) No later than December 1, 2002, and no later than each December 1 thereafter, and after examining the reports sent by each assessor, denying claims for exemptions, and deciding protests in accordance with subsection (2)(a) of this section, the administrator shall provide written notice to the assessor of each county in which an exemption application has been denied because the applicant filed multiple exemption applications with the identity of the applicant who filed multiple exemption applications and the denial of the exemption. No later than December 1, 2016, and no later than each December 1 thereafter, and after examining the reports sent by each assessor, denying claims for exemptions, and deciding protests in accordance with subsection (2)(a) of this section, the administrator shall also provide written notice to the assessor of each county in which an exemption application has been denied for any other reason with the identity of the applicant and the denial of the exemption, specifying the reason for the denial. No later than January 10, 2017, and no later than each January 10 thereafter; except that, for 2024, no later than January 24, each assessor shall forward to the administrator a partial copy of the tax warrant for the assessor's county that includes only property for which the assessor has granted an exemption. The administrator shall examine the tax warrants to ensure that no additional exemptions have been allowed since the administrator examined the reports previously received from the assessors and that each assessor has removed from the tax warrant all exemptions that the administrator previously denied. No later than January 17, 2017, and no later than each January 17 thereafter; except that, for 2024, no later than January 31, the administrator shall notify each assessor and each treasurer of any exemptions to be removed from the tax warrant.

(3) No later than April 1, 2003, and no later than each April 1 thereafter through April 1, 2016, to enable the state treasurer to issue a reimbursement warrant to each treasurer in accordance with subsection (4) of this section, each treasurer shall forward to the state treasurer a report on the exemptions allowed in his or her county for the previous property tax year. No later than March 1, 2017, and no later than March 1 of each year thereafter, each treasurer shall forward the report to the administrator, who shall cross-check it as specified in subsection (3.5) of this section before correcting it, if necessary, and forwarding it to the state treasurer to enable the state treasurer to issue a reimbursement warrant to each treasurer in accordance with subsection (4) of this section. The report shall include:

(a) A statement of the total amount of actual value of residential real property within the county that was exempted from taxation and the total amount of property tax revenues lost by local governmental entities within the county as a result of the exemption that must be reimbursed by the state;

(b) With respect to each unit of residential real property for which an exemption was allowed:

(I) The legal description of the property;

(II) The schedule or parcel number for the property;

(III) The name of the applicant who claimed an exemption for the property and each additional person who occupies the property; and

(IV) A statement of the taxable and tax exempt value of the property and the amount of taxes due on the property; and

(c) For reports issued for the 2007 property tax year and for each subsequent property tax year, separate identification, in such form as the administrator may require, of the units of residential real property within the county exempted from taxation under section 39-3-203 (1.5), the total amount of actual value of the property so exempted, and the total amount of property tax revenues lost by local government entities within the county as a result of the exemption.

(3.5) After receiving reports from each treasurer pursuant to subsection (3) of this section, the administrator shall cross-check the reports to identify any exemption allowed in a county that must be denied due to a failure of the individual allowed the exemption to satisfy all legal requirements for claiming the exemption. The administrator shall remove any exemption that must be denied from the report in which it appears and shall forward all reports to the state treasurer no later than the April 1 immediately following the receipt of the reports by the administrator. In addition, if the administrator identifies any exemption improperly allowed for a prior property tax year commencing on or after January 1, 2016, for which the state treasurer reimbursed a treasurer pursuant to subsection (4) of this section or identifies any exemption properly allowed for such a prior property tax year for which the state treasurer did not reimburse a treasurer, the administrator shall advise the state treasurer to adjust the current year reimbursement to the treasurer to correct the error. No later than that April 1, the administrator shall also notify the treasurer and assessor of each county of the exemptions removed from the report for the county and any resulting and other adjustments to the amount of current year reimbursement to be paid by the state treasurer to the treasurer.

(3.7) In accordance with section 25-2-103 (4.5), C.R.S., the administrator shall annually provide to the state registrar of vital statistics of the department of public health and environment a list, by name and social security number, of every individual who received an exemption for the immediately preceding year so that the registrar can provide to the administrator a list of all such individuals who have died. No later than April 1, 2017, and no later than each April 1 thereafter, the administrator shall forward to the assessor of each county, the name and social security number of each deceased individual who received an exemption for the immediately preceding year for residential real property located within the county so that the assessor can terminate the exemption for the property.

(4) (a) (I) In accordance with section 3.5 of article X of the state constitution, no later than April 15, 2003, and no later than each April 15 thereafter, the state treasurer shall issue a warrant to each treasurer for the amount needed to fully reimburse all local governmental entities within the treasurer's county for the amount of property tax revenues lost as a result of the application of the exemption to property taxes that accrued during the previous property tax year and are payable during the year in which the state treasurer issues the warrant. The reimbursement shall be paid from the state general fund and shall not be subject to the statutory limitation on state general fund appropriations set forth in section 24-75-201.1, C.R.S.

(II) As used in this paragraph (a), with respect to exemptions allowed for property tax years commencing on or after January 1, 2016, "property tax revenues lost as a result of the application of the exemption" includes only those revenues lost as a result of exemptions properly allowed in accordance with the requirements of this part 2 and does not include any revenues lost as a result of an exemption being erroneously allowed.

(b) Each treasurer shall distribute the total amount received from the state treasurer pursuant to paragraph (a) of this subsection (4) to the local governmental entities within the treasurer's county as if the lost tax revenues had been regularly paid. When a treasurer distributes said amount, the treasurer shall provide each local governmental entity with a statement of the amount distributed to the local governmental entity that represents reimbursement received from the state for property tax revenues lost as a result of the exemption. In accordance with section 3.5 of article X of the state constitution, moneys distributed to a local governmental entity as reimbursement for property tax revenues lost as a result of the exemption shall not be included in the local governmental entity's fiscal year spending for purposes of section 20 of article X of the state constitution.

(4.5) In accordance with subsection (3.5) of this section, for any property tax year commencing on or after January 1, 2016, the state treasurer shall not reimburse a treasurer for property tax revenues lost as a result of an exemption erroneously allowed in the treasurer's county. If, pursuant to subsection (3.5) of this section, the administrator advises the state treasurer that the state treasurer has provided either too much or too little reimbursement to a treasurer for exemptions allowed in the treasurer's county for any prior property tax year commencing on or after January 1, 2016, the state treasurer shall adjust the reimbursement for the current property tax year as directed by the administrator in order to correct the error.

(5) Notwithstanding any provision of law to the contrary, the reports required by this section and the contents thereof shall be kept confidential by an assessor, a treasurer, the administrator, the state treasurer, or the state auditor; except that said persons may provide the reports to each other as required or authorized by law.

(6) and (7) Repealed.

(8) (a) On or before December 1, 2024, the administrator shall provide a report to the department of revenue with the names and social security numbers of all applicants eligible for the exemption for the property tax year commencing on January 1, 2024, based on the administrator's examination under subsection (2) of this section of the reports received in accordance with subsection (1) of this section.

(b) On or before April 1, 2025, the administrator shall provide a report to the department of revenue with the names and social security numbers of all taxpayers entitled to the exemption for the property tax year commencing on January 1, 2024, based on the administrator's examination under subsection (3.5) of this section of the reports received in accordance with subsection (3) of this section.

(c) This subsection (8) is repealed, effective July 1, 2025.
C.R.S. § 39-2-131 — CO Code / Title 39 / Article 2 / Section 39-2-131
39-2-131. Function of the committee - notice of proposed changes - property tax materials
Status: repealed

39-2-131. Function of the committee - notice of proposed changes - property tax materials - definition. (1) (a) It is said committee's function and it shall have and exercise the authority, prior to publication, to review:

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

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

(b) Upon completion of such review, said committee shall submit such manuals, appraisal procedures, instructions, guidelines, forms, notices, and records and its recommendations to the state board of equalization for approval or disapproval pursuant to section 39-9-103 (10).

(2) Repealed.

(3) (a) At least two weeks prior to the advisory committee to the property tax administrator reviewing a proposed change to the property tax materials in accordance with subsection (1)(a) of this section, the property tax administrator shall publish notice that includes:

(I) The date, time, and place of the hearing; and

(II) The proposed changes to the property tax materials.

(b) As used in this subsection (3), "property tax materials" has the same meaning as set forth in section 39-2-109 (2)(a).
C.R.S. § 39-11-102 — CO Code / Title 39 / Article 11 / Section 39-11-102
39-11-102. Treasurer to publish and post notice
Status: in_force

39-11-102. Treasurer to publish and post notice. (1) Except as set forth in subsection (3) of this section, the treasurer shall cause the notice described in subsection (2) of this section to be published in the newspaper selected pursuant to section 39-11-105, the first publication being at least four weeks before the date of sale, and shall post a written or printed notice in a conspicuous place in the office of the treasurer for not less than four weeks before the date of sale. If there is no newspaper published in the county, a like notice shall be given by posting one written or printed notice for the above length of time on or near the outer door of the treasurer's office. When publication is made in a weekly newspaper, the notice shall be published in three successive weekly issues. When publication is made in a daily newspaper, the notice shall be published only three times, once each week, on the same day of the week.

(2) The notice of sale at public auction shall contain:

(a) A description of the lands and town lots on which the tax liens are subject to sale;

(b) The date, time, and place of the tax lien sale, including the electronic address if the public auction is conducted by means of the internet or other electronic medium;

(c) The location of computer workstations that are available to the public and information about how to obtain instructions on accessing the public auction and submitting bids if the public auction is conducted by means of the internet or other electronic medium; and

(d) If the public auction is conducted by means of the internet or other electronic medium, a statement that the bidding rules for the public auction will be posted on the internet or other electronic medium used to conduct the public auction at least two weeks before the date of sale.

(3) (a) Publication in a newspaper under subsection (1) of this section is not required for a mobile home if:

(I) A distraint warrant has been delivered to the owner of the mobile home or to his or her agent in accordance with section 39-10-111.5 (3); and

(II) The county treasurer publishes the notice described in subsection (2) of this section on the treasurer's website.

(b) For purposes of this section, "mobile home" includes a manufactured home.
C.R.S. § 39-28.6-105 — CO Code / Title 39 / Article 28.6 / Section 39-28.6-105
39-28.6-105. Licensing required - rules - fines
Status: in_force

39-28.6-105. Licensing required - rules - fines. Beginning January 1, 2021, it is unlawful for any person to engage in the business of a distributor of nicotine products at any place of business without first obtaining a license granted and issued by the department, which license is in effect until June 30 following the date of issue, unless sooner revoked. The department shall grant a license only to a person who owns or operates the place from which the person engages in the business of a distributor of nicotine products, and, if the business is operated in two or more separate places by the person, a separate license for each place of business is required. A license may be renewed only upon timely application and payment of the required fee prior to expiration. A license may be transferred in the discretion of and pursuant to the rules adopted by the department. The fee for a license is ten dollars per year, and the fee is credited to the general fund. The fee is 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 person violating any provision of this article 28.6, and the department shall not issue a license to the same person within a period of two years thereafter. The department may share information on the names and addresses of persons who purchased nicotine products 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 distributor license, and shall revoke a distributor's license, if the distributor owes the state any delinquent taxes administered by the department or interest thereon pursuant to this title 39 that have been determined by law to be due and unpaid, unless the distributor has entered into an agreement approved by the department to pay the amount due. The department shall only issue a new or renewal distributor license to a distributor that has a current license issued pursuant to section 39-26-103.
C.R.S. § 39-22-4708 — CO Code / Title 39 / Article 22 / Part 47 / Section 39-22-4708
39-22-4708. Repeal of part
Status: repealed

39-22-4708. Repeal of part. This part 47 is repealed, effective December 31, 2028.
C.R.S. § 39-12-104 — CO Code / Title 39 / Article 12 / Section 39-12-104
39-12-104. Redemption of real property of person under disability
Status: in_force

39-12-104. Redemption of real property of person under disability. (1) When the owner of real property for which a tax deed was issued under the provisions of article 11 of this title as a result of delinquent taxes is under legal disability at the time of execution and delivery of a tax deed therefor, such person shall have the right to make redemption of such property at any time within nine years from the date of the recording of such tax deed. In the event that the disability of such person is removed or ceases within such nine-year period, such redemption must be asserted and take place within a period of not more than two years after the removal or cessation of such legal disability. All redemptions under this section shall take place within nine years of the recording of the tax deed, irrespective of the time that such disability was removed or ceased.

(2) In order to make such redemption, such owner, or some person in his behalf, shall pay to the treasurer the sum for which the tax lien on such real property was sold, and the cost of the tax deed and the recording of the same, with interest thereon from the date of such sale at the rate of fifteen percent per annum, and all other taxes, costs, and charges which remain unpaid on such real property at the time of making such redemption, levied or accrued thereon subsequent to the assessment date of the taxes for which the tax lien was sold, and all other taxes levied subsequent to the date of such sale, which have been paid by the person to whom the tax lien on said real property was sold, or by any other person claiming under him, with interest thereon at the rate of fifteen percent per annum from the date of such payment, insofar as such payments can be ascertained from the books and records in the office of such treasurer. If the person to whom the tax lien on such real property was sold, or any other person claiming under him, has made improvements, the person redeeming said real property shall pay the then present value of such improvements. The improvements shall be appraised by three disinterested persons appointed by the board of county commissioners. For all the money so paid, the treasurer shall give a certificate of redemption to the persons making such payment. From the time of making the redemption, the deed given upon the same shall be void as against such owner. In the event a redemption is not made within the periods of time provided for in this section, all rights of redemption shall cease and be forever barred as to all persons.
C.R.S. § 39-22-1803 — CO Code / Title 39 / Article 22 / Part 18 / Section 39-22-1803
39-22-1803. Contributions credited to the Special Olympics Colorado fund - creation - approp
Status: in_force

39-22-1803. Contributions credited to the Special Olympics Colorado fund - creation - appropriation. (1) The department of revenue shall determine annually the total amount designated pursuant to section 39-22-1802 and shall report such amount to the state treasurer. The state treasurer shall credit such amount to the Special Olympics Colorado fund, which fund is hereby created in the state treasury. At the end of each fiscal year, the state treasurer shall transfer all designated moneys in the fund and all interest derived from the deposit and investment of such moneys to Special Olympics Colorado. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund.

(2) Special Olympics Colorado shall use moneys received pursuant to subsection (1) of this section only for equipment, training, competitions, and awards for participants in the Special Olympics Colorado program.
C.R.S. § 39-2-107 — CO Code / Title 39 / Article 2 / Section 39-2-107
39-2-107. Office - hearings
Status: in_force

39-2-107. Office - hearings. (1) The property tax administrator shall maintain his office in the city of Denver but may transact official business at any other place within the state. The office shall be open during established hours each day, Saturdays, Sundays, and legal holidays excepted.

(2) Any hearings conducted by the administrator or the division shall be open to the public, and full and correct minutes thereof shall be kept, and such minutes shall be a public record open to public inspection.
C.R.S. § 39-21-201 — CO Code / Title 39 / Article 21 / Part 2 / Section 39-21-201
39-21-201. Program established - repeal
Status: repealed

39-21-201. Program established - repeal. (1) Notwithstanding any other provision of this title, title 29, title 32, or title 42, C.R.S., the executive director shall conduct a tax amnesty program for any taxpayer liable for the payment of any of the taxes specified in subsection (2) of this section for which a return was required to be filed before December 31, 2010, including returns for which the department has granted an extension beyond said date. The taxpayer amnesty program shall be conducted from October 1, 2011, through November 15, 2011, and shall not extend to any other period.

(2) A taxpayer eligible to participate in the tax amnesty program shall include any taxpayer liable for payment of income taxes imposed pursuant to article 22 of this title, sales and use taxes imposed pursuant to article 26 of this title, gasoline and special fuel taxes imposed pursuant to part 1 of article 27 of this title, cigarette taxes imposed pursuant to article 28 of this title, taxes on tobacco products imposed pursuant to article 28.5 of this title, severance taxes imposed pursuant to article 29 of this title, county or municipal sales taxes collected by the executive director pursuant to article 2 of title 29, C.R.S., local marketing and promotion taxes collected by the department pursuant to section 29-25-112, C.R.S., county lodging taxes collected by the department pursuant to section 30-11-107.5, C.R.S., county rental taxes collected by the department pursuant to section 30-11-107.7, C.R.S., local improvement district sales taxes collected by the department pursuant to section 30-20-604.5, C.R.S., regional transportation district sales and use taxes imposed pursuant to article 9 of title 32, C.R.S., Denver metropolitan scientific and cultural facilities district sales and use taxes imposed pursuant to article 13 of title 32, C.R.S., metropolitan football stadium district sales and use taxes imposed pursuant to article 15 of title 32, C.R.S., and regional transportation authority sales and use taxes collected by the department pursuant to section 43-4-605 (1)(j), C.R.S.

(3) (a) Subject to the provisions of subsection (4) of this section, the tax amnesty program shall permit any taxpayer liable for payment of any taxes specified in subsection (2) of this section to report the amount of the taxes for which the taxpayer is liable and to pay the full amount of such taxes, including one-half of any interest due, as computed without the reduction pursuant to section 39-21-109 (1.5), on or before November 15, 2011, without the imposition of any fine or other civil or criminal penalty otherwise provided by law.

(b) Subject to the provisions of subsection (4) of this section, the tax amnesty program shall permit any taxpayer liable for payment of any taxes specified in subsection (2) of this section to report the amount of the taxes for which the taxpayer is liable and to sign an agreement to pay that shall be printed on the tax amnesty application form and deliver the application and signed agreement to pay to the department on or before November 15, 2011, without the imposition of any fine or other civil or criminal penalty otherwise provided by law. If the taxpayer fails to pay the full amount of taxes owed and all interest for which the taxpayer is liable pursuant to the terms of the tax amnesty agreement to pay, the waiver provision of this paragraph (b) is void.

(c) Payment of taxes pursuant to this article shall constitute a waiver of any right to file a claim for refund or an amended return for refund, or seek an administrative review, administrative hearing, or district court appeal pursuant to sections 39-21-103, 39-21-104, and 39-21-105.

(d) If a taxpayer fails to pay the full amount of the tax liability by November 15, 2011, or fails to sign and file the agreement to pay on the tax amnesty application by November 15, 2011, and remain in compliance with the agreement to pay, or commits willful fraud in filing pursuant to the terms of the tax amnesty program, the taxpayer shall be subject to civil or criminal penalty, or both.

(4) (a) A taxpayer liable for the payment of any taxes specified in subsection (2) of this section shall not be permitted to satisfy such liability through the tax amnesty program if a notice of deficiency for the liability has been mailed to the taxpayer before October 1, 2011.

(b) A taxpayer who is under investigation or being prosecuted for criminal or fraudulent activity as of October 1, 2011, for crimes related to any taxes collected by the department is not eligible to participate in the tax amnesty program, regardless of whether the taxes owed for which the taxpayer seeks amnesty are the taxes on which the investigation or prosecution is based.

(5) Notwithstanding the provisions of section 24-19.5-103, C.R.S., the department is authorized, at the discretion of the executive director, to accept department approved credit card payment for all payments due pursuant to this article and assess the taxpayer an amount equivalent to any service fee charged by the credit card company to the department. Such amount shall be collected by the department and used by the department for the purpose of paying such credit card fees.

(6) The executive director shall promulgate emergency rules necessary for the administration of this article in accordance with article 4 of title 24, C.R.S.

(6.5) The department may contract with one or more independent contractors to administer any part of the tax amnesty program on behalf of the department.

(7) The department shall conduct an advertising and publicity campaign concerning the tax amnesty program that shall include sufficient notice to potential participants that all information obtained pursuant to this article may be disclosed to the federal internal revenue service.

(8) The requirements of the Colorado "Procurement Code", articles 101 to 112 of title 24, C.R.S., shall not apply to services and products procured by the department pursuant to this section. The department shall award contracts for services and products in good faith and in a manner that encourages, to the extent practicable, competitive proposals. Offerors and potential offerors shall not have a right to protest, recover bid preparation costs, or pursue any other remedy provided by Colorado law for services and products procured by the department for purposes of this article.

(9) This section is repealed, effective July 1, 2025.
C.R.S. § 39-23.5-117 — CO Code / Title 39 / Article 23.5 / Section 39-23.5-117
39-23.5-117. Estate tax - effective date - applicability
Status: in_force

39-23.5-117. Estate tax - effective date - applicability. This article shall take effect January 1, 1980, and shall apply to the estates of decedents dying on or after said date.
C.R.S. § 39-22-604.3 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-604.3
39-22-604.3. Innovation reinvestment - withholding - transfers - bioscience - clean technolog
Status: repealed

39-22-604.3. Innovation reinvestment - withholding - transfers - bioscience - clean technology - short title - legislative declaration - definitions - repeal. (1) This section shall be known and may be cited as the "Colorado Bioscience and Clean Technology Innovation Reinvestment Act".

(2) (a) The general assembly hereby finds, determines, and declares that:

(I) Recent legislative initiatives to expand the bioscience and clean technology segments of the Colorado economy have been both economically successful and supportive of Colorado's higher education research institutions;

(II) Such initiatives have demonstrated the potential for establishing Colorado as a national leader in bioscience and clean technology;

(III) Colorado efforts have been recognized as best practices for economic development of these industry sectors;

(IV) Those efforts have also demonstrated the potential to expand the role of Colorado's higher education research institutions in these areas; and

(V) The partnerships created between higher education research institutions and industry through these initiatives provide a model for economic development.

(b) The general assembly therefore declares that it is in the best interest of the state to build on past successes and provide a long-term funding stream that enables the growth of the bioscience and clean technology industries in the state and to support Colorado's higher education research institutions.

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

(a) "Bioscience and clean technology income tax withholding growth" means an amount equal to the withholding base subtracted from the prior year's withholding total.

(b) "Bioscience or clean technology industry code" means any of the following codes within the North American industry classification system established by the federal office of management and budget: 311221, 311222, 311223, 325193, 325199, 325221, 325311, 325312, 325314, 325320, 325411, 325412, 325413, 325414, 334510, 334516, 334517, 339111, 339112, 339113, 339114, 339115, 339116, 541380, 541710, 621511, 621512, 221111, 221114, 221115, 221116, 221117, 221118, 221330, 237110, 237130, 238220, 325188, 333414, 333611, 334413, 334512, 335312, 335911, 335999, 336111, 336510, 423720, 541620, 541690, 541712, and any successor codes.

(c) "Prior year's withholding total" means the total amount deducted and withheld from employees' wages and paid to the department of revenue pursuant to section 39-22-604 by employers with a clean technology industry code for the target year.

(d) "Target year" means 2013 with respect to the money required to be credited to the specified cash funds beginning on March 1, 2014, pursuant to subsection (4) of this section and one calendar year later for each successive year in which money is credited pursuant to said subsection (4).

(e) "Withholding base" means the annual average of the total amount deducted and withheld from employees' wages and paid to the department of revenue pursuant to section 39-22-604 by employers with a bioscience or clean technology industry code for the three calendar years prior to the target year.

(4) Notwithstanding any provision of law to the contrary, beginning March 1, 2014, and March 1 of the next nineteen years thereafter, the state treasurer shall credit an amount equal to one-half of the bioscience and clean technology income tax withholding growth from the money remitted by employers to the department of revenue pursuant to section 39-22-604 to the advanced industries acceleration cash fund created in section 24-48.5-117 (7).

(5) No later than February 1, 2014, and February 1 of the next nineteen years thereafter, the executive director shall notify the state treasurer of the withholding base and the prior year's withholding total that apply to the money required to be credited beginning on March 1 of that year.

(6) This section is repealed, effective July 1, 2034.
C.R.S. § 39-22-310 — CO Code / Title 39 / Article 22 / Part 3 / Section 39-22-310
39-22-310. Legislative declaration - statutory interpretation and construction
Status: in_force

39-22-310. Legislative declaration - statutory interpretation and construction. It is the intent of the general assembly that, in interpreting or construing the provisions of this part 3, statutes shall be given the strongest weight, then rules and regulations, and then the administrative interpretation or construction of said provisions by the executive director or the department of revenue; the administrative interpretation shall be given no greater weight than the interpretation of the taxpayer regardless of how long-standing such administrative interpretation or construction might be, unless such administrative interpretation or construction is set forth in rules and regulations promulgated by the executive director.
C.R.S. § 39-22-115 — CO Code / Title 39 / Article 22 / Part 1 / Section 39-22-115
39-22-115. Credit for crops or livestock contributed to charitable organizations - definiti
Status: repealed

39-22-115. Credit for crops or livestock contributed to charitable organizations - definitions. (Repealed)
C.R.S. § 39-10-114.5 — CO Code / Title 39 / Article 10 / Section 39-10-114.5
39-10-114.5. Decision - review - judicial review
Status: in_force

39-10-114.5. Decision - review - judicial review. (1) If the board of county commissioners, pursuant to section 39-10-114 (1), or the property tax administrator, pursuant to section 39-2-116, denies the petition for refund or abatement of taxes in whole or in part, the petitioner may appeal to the board of assessment appeals pursuant to the provisions of section 39-2-125 within thirty days of the entry of any such decision.

(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 for assessment of the county wherein the property is located, 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, 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 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 for assessment of the county in which the property is located, the respondent may petition the court of appeals for judicial review of such questions.
C.R.S. § 39-3-109 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-109
39-3-109. Residential property - integral part of tax-exempt entities - charitable purpose
Status: in_force

39-3-109. Residential property - integral part of tax-exempt entities - charitable purposes - exemption - limitations. (1) Property, real and personal, which is owned and used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit shall be exempt from the levy and collection of property tax if such property is residential and the structure and the land upon which such structure is located are used as an integral part of a church, an eleemosynary hospital, an eleemosynary licensed health-care facility, a school, or an institution whose property is otherwise exempt from taxation pursuant to the provisions of this part 1 and which is not leased or rented at any time to persons other than:

(a) Persons who are attending such school as students; or

(b) Persons who are actually receiving care or treatment from such hospital, licensed health-care facility, or institution for physical or mental disabilities and who, in order to receive such care or treatment, are required to be domiciled within such hospital, licensed health-care facility, or institution, or within affiliated residential units.

(2) Persons residing within residential units specified in paragraph (b) of subsection (1) of this section may submit to the administrator, on a form prescribed by the administrator, a certificate signed by a physician licensed to practice in the state of Colorado that the medical condition of such individual requires the individual to reside in such residential unit. If a person residing within such residential unit submits such signed certificate to the administrator pursuant to the provisions of this subsection (2), the portion of such residential property that is utilized by qualified occupants shall be deemed to be property used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit and such portion, but only such portion, shall be exempt under the provisions of subsection (1) of this section. The determination as to what portion of such structure is so utilized shall be made by the administrator on the basis of the facts existing on the annual assessment date for such property, and the administrator shall have the authority to determine a ratio which reflects the value of the nonexempt portion of such structure in relation to the total value of the whole structure and the land upon which such structure is located and which is identical to the ratio of the number of residential units occupied by nonqualified occupants to the total number of occupied residential units in such structure.

(2.5) No requirement shall be imposed that use of property which is otherwise exempt pursuant to the provisions of this section shall benefit the people of Colorado in order to qualify for said exemption.

(3) Any exemption claimed pursuant to the provisions of this section shall comply with the provisions of section 39-2-117.
C.R.S. § 39-22-542.5 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-542.5
39-22-542.5. Tax credit for new employee-owned businesses - employee ownership cash fund - ta
Status: repealed

39-22-542.5. Tax credit for new employee-owned businesses - employee ownership cash fund - tax preference performance statement - legislative declaration - definitions - repeal. (1) Tax preference performance statement. (a) In accordance with section 39-21-304, which requires each bill that creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that the purposes of the tax credit created in this section are to induce certain designated behavior by taxpayers, to create or retain jobs, and to provide income tax relief for certain businesses or individuals. Specifically, the tax credit facilitates employee ownership and the retention of community investment and wealth by business owners and employees in a community.

(b) The general assembly and the state auditor shall measure the effectiveness of the tax credit in achieving the purposes specified in subsection (1)(a) of this section based on the information required to be maintained by and reported to the state auditor by the employee ownership office pursuant to subsection (7)(b) of this section.

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

(a) "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. The office may develop guidelines that clarify the types of employee ownership grants that qualify as an alternate equity structure. An alternate equity structure must at a minimum:

(I) 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), "eligible workers" means all full-time employees, regular employees, nonseasonal employees, nonmanagerial employees, and contract labor.

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

(III) 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

(IV) Grant to participating eligible workers informational rights, decision-making rights, and nonfinancial 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.

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

(c) "Eligible costs" means costs incurred as a result of being a new employee-owned business, as detailed in the guidelines issued by the office, including costs associated with accounting, legal, business advisory, and similar professional services that are incurred as a result of being a new employee-owned business.

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

(III) Has its corporate headquarters located in this state. For purposes of this subsection (2)(d), "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.

(e) "Employee ownership office" or "office" means the employee ownership office created in section 24-48.5-135.

(f) "Employee ownership trust" means an indirect form of employee ownership in which a trust holds a controlling stake in a business and benefits all employees on an equal basis and otherwise meets the definition of an alternate equity structure.

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

(h) "New employee-owned business" means an employee-owned business that has been an employee-owned business for seven years or fewer.

(i) "Qualified business" means a taxpayer that is a new employee-owned business.

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

(k) "Tax credit" means the credit against income tax created in this section.

(l) "Taxpayer" means a person subject to tax pursuant to this article 22.

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

(3) Tax credit for new employee-owned businesses. (a) Subject to certification by the office pursuant to this section, for income tax years commencing on or after January 1, 2025, but before January 1, 2030, a qualified business is allowed a credit against the income taxes imposed by this article 22 in an amount equal to fifty percent of the eligible costs, not to exceed fifty thousand dollars, incurred by the qualified business.

(b) (I) A qualified business may apply for and claim only one tax credit allowed in this subsection (3) for the eligible costs incurred in any tax year.

(II) In the case of a qualified business that is a C corporation, the tax credit is allowed to the qualified business.

(III) In the case of a qualified business that is a partnership or an S corporation, the tax credit is allowed to the owners of the qualified business.

(IV) In the case of a qualified business that is taxed pursuant to subchapter T of the internal revenue code, 26 U.S.C. sec. 1381 et seq., as amended, the tax credit is allowed either to the qualified business or to the owners of the qualified business as permitted under subchapter T of the internal revenue code.

(4) Tax credit certificate. (a) A qualified business shall submit an application to the office for the certification and issuance of a tax credit certificate for the tax credit allowed in subsection (3) of this section by the deadlines established in the office's guidelines. The application must include the information set forth in the office's guidelines. The office may impose a reasonable application fee not to exceed two hundred fifty dollars. The office shall transmit all fees collected to the state treasurer, who shall credit the money to the employee ownership cash fund created in subsection (8) of this section.

(b) To claim the tax credit allowed in subsection (3) of this section, a qualified business must annually apply for and receive a tax credit certificate from the office pursuant to this subsection (4). The submission of an application does not entitle the qualified business to the issuance of a tax credit certificate.

(c) The office shall document the date and time that a complete application was received and shall review complete applications in the order in which they are received. If the office determines that an applicant is not entitled to a tax credit certificate, the office shall notify the applicant of its disapproval in writing.

(d) If the office is satisfied that the requirements of this section and the office's guidelines for the tax credit are met, then the office shall issue to the qualified business a tax credit certificate that evidences the qualified business's right to claim the tax credit allowed in subsection (3) of this section. The office shall not issue tax credit certificates in excess of the maximum aggregate amount for any single income tax year specified in subsection (4)(e) of this section.

(e) The maximum aggregate amount of all tax credit certificates that the office may issue pursuant to this section in any single income tax year is one million five hundred thousand dollars.

(5) Claiming tax credit. To claim the tax credit allowed in subsection (3) of this section, the qualified business shall file the tax credit certificate with the qualified business's state income tax return. The amount of the tax credit that the qualified business may claim under this section is the amount stated on the tax credit certificate issued pursuant to subsection (4) of this section.

(6) Tax credit refundable. If the amount of the tax credit exceeds the taxes due on the income of the qualified business for the taxable year for which the tax credit is claimed, the amount of the tax credit not used to offset income taxes must be refunded to the qualified business.

(7) Guidelines and reporting requirements. (a) The office shall develop guidelines for the administration of this section and post the guidelines on the website of the office of economic development and international trade. The guidelines must include:

(I) Application requirements;

(II) Guidelines for issuing tax credit certificates;

(III) Guidelines regarding eligible costs; and

(IV) Guidelines for approving a business as a qualified business.

(b) The office shall maintain a database of any information determined necessary by the office to evaluate the effectiveness of the tax credit allowed in this section in achieving the purposes set forth in subsection (1)(a) of this section and shall provide this 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.

(c) The office shall review the effectiveness of the tax credit and include the results of the review in the annual report submitted to the general assembly by the office of economic development. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (7)(c) continues until the annual report following the income tax year commencing January 1, 2030.

(d) The office shall provide the department with an electronic report of each qualified business and owner of a qualified business to which the office issued a tax credit certificate for the preceding calendar year. The office shall provide this report in a sufficiently timely manner to allow the department to process returns claiming the income tax credit allowed in this section. This report must include:

(I) The taxpayer's name;

(II) The tax identification number of the taxpayer to whom the tax credit certificate is issued; and

(III) The amount of the tax credit certificate.

(8) Employee ownership cash fund. (a) The employee ownership cash fund is created in the state treasury. The fund consists of money from fees collected and credited to the fund pursuant to subsection (4)(a) of this section and any other money that the general assembly may appropriate, transfer, or require by law to be credited to the fund.

(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the employee ownership cash fund to the fund.

(c) Money in the employee ownership cash fund is continuously appropriated to the office for the purpose of administering this section.

(d) The state treasurer shall transfer all unexpended and unencumbered money in the fund on December 31, 2034, to the general fund.

(9) Repeal. This section is repealed, effective January 1, 2035.
C.R.S. § 39-36-101 — CO Code / Title 39 / Article 36 / Section 39-36-101
39-36-101. Short title
Status: in_force

39-36-101. Short title. The short title of this article 36 is the "CHIPS Zone Act".
C.R.S. § 39-22-534 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-534
39-22-534. Credit for estate taxes paid - agricultural land - recapture - definitions
Status: repealed

39-22-534. Credit for estate taxes paid - agricultural land - recapture - definitions. (Repealed)
C.R.S. § 39-28.6-101 — CO Code / Title 39 / Article 28.6 / Section 39-28.6-101
39-28.6-101. Legislative declaration
Status: in_force

39-28.6-101. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) Nicotine is a highly addictive and toxic substance;

(b) There has been a significant increase in the use of electronic cigarettes, which heat nicotine, flavorings, and other chemicals to create an aerosol that is inhaled;

(c) Children in middle school and high school have reported using electronic cigarettes at alarming rates, and studies have linked electronic cigarette use among youth to nicotine addiction and cigarette smoking;

(d) The long-term health risks of this use are unknown, but electronic cigarette aerosol can contain harmful and potentially harmful substances including nicotine, cancer-causing chemicals, heavy metals, flavoring chemicals, ultrafine particles, and volatile organic compounds;

(e) Yet nicotine products are not subject to the same excise tax as cigarettes and tobacco products;

(f) Taxing nicotine products at the wholesale level will increase the total cost, which may serve as a deterrent to children and adolescents and in turn prevent and reduce consumption; and

(g) Revenue from the tax can be used toward positive outcomes in children's lives.

(2) Therefore, the general assembly intends to create a tax on nicotine products so that they are taxed in the same manner as tobacco products, including the licensing requirements that facilitate the collection of the tax.
C.R.S. § 39-3-108.5 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-108.5
39-3-108.5. Property - community corrections facility - exemption
Status: in_force

39-3-108.5. Property - community corrections facility - exemption. (1) Property, real and personal, which is owned and used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit shall be exempt from the levy and collection of property tax if such property is owned and used by a nonprofit community corrections agency for a community correctional facility or program.

(2) As used in this section:

(a) "Community correctional facility or program" shall have the meaning set forth in section 17-27-102 (3), C.R.S., for community corrections program.

(b) "Nonprofit community corrections agency" means any person, agency, corporation, association, or entity that:

(I) Is exempt from federal income tax pursuant to the "Internal Revenue Code of 1986", as amended; and

(II) Operates a community correctional facility or program.

(3) The provisions of this section shall apply to property tax years beginning on or after January 1, 1993.
C.R.S. § 39-26-117 — CO Code / Title 39 / Article 26 / Part 1 / Section 39-26-117
39-26-117. Tax lien - exemption from lien
Status: in_force

39-26-117. Tax lien - exemption from lien. (1) (a) Except as provided in paragraphs (b) and (f) of this subsection (1), the tax imposed by this part 1 shall be a first and prior lien upon the goods and business fixtures of or used by any retailer or qualified purchaser under lease, title retaining contract, or other contract arrangement, excepting stock of goods sold or for sale in the ordinary course of business, and shall take precedence on all such property over other liens or claims of whatsoever kind or nature.

(b) Any retailer or person in possession shall provide a copy of any lease pertaining to the assets and property described in paragraph (a) of this subsection (1) to the department of revenue within ten days after seizure by the department of such assets and property. The department shall verify that such lease is bona fide and notify the owner that such lease has been received by the department. The department shall use its best efforts to notify the owner of the real or personal property which might be subject to the lien created in paragraph (a) of this subsection (1). The real or personal property of an owner who has made a bona fide lease to a retailer shall be exempt from the lien created in paragraph (a) of this subsection (1) if such property can reasonably be identified from the lease description or if the lessee is given an option to purchase in such lease and has not exercised such option to become the owner of the property leased. This exemption shall be effective from the date of the execution of the lease. Such exemption shall also apply if the lease is recorded with the county clerk and recorder of the county where the property is located or based or a memorandum of the lease is filed with the department of revenue on such forms as may be prescribed by said department after the execution of the lease at a cost for such filing of two dollars and fifty cents per document. Motor vehicles which are properly registered in this state, showing the lessor as owner thereof, shall be exempt from the lien created in paragraph (a) of this subsection (1); except that said lien shall apply to the extent that the lessee has an earned reserve, allowance for depreciation not to exceed fair market value, or similar interest which is or may be credited to the lessee. Where the lessor and lessee are blood relatives or relatives by law or have twenty-five percent or more common ownership, a lease between such lessee and such lessor shall not be considered as bona fide for purposes of this section.

(b.5) Any coin-operated vending machine or video or other game machine shall be exempt from the lien created in paragraph (a) of this subsection (1) if:

(I) The machine is placed on the retailer's premises under the terms of a lease or other agreement under which the retailer is given no right to become the owner of the machine;

(II) The machine is plainly marked in a location accessible to agents of the department of revenue with information sufficient to permit identification of the owner of said property; and

(III) The owner of the machine has filed with the department of revenue a schedule listing the machine by serial number and including thereon the owner's full name and the address of his business and such other information as the executive director of the department of revenue may require. To protect the anonymity of owners of property, the executive director of the department of revenue may permit property covered by this paragraph (b.5) to be marked using numbers or other coded identification.

(c) Any retailer who is in possession of property under the terms of a lease, which property is exempt from lien as provided in this section, may be required by the executive director of the department of revenue to remit taxes collected at more frequent intervals than monthly, but no more frequently than semimonthly, or may be required to furnish security for the proper payment of taxes whenever the collection of taxes appears to be in jeopardy.

(d) Any retailer who sells out his business or stock of goods, or quits business, shall be required to make out the return as provided in this part 1, within ten days after the date he sold his business or stock of goods or quit business, and his successor in business shall be required to withhold sufficient purchase money to cover the amount of said taxes due and unpaid until such time as the former owner produces a receipt from the executive director of the department of revenue showing that the taxes have been paid or a certificate that no taxes are due.

(e) If the purchaser of a business or stock of goods fails to withhold the purchase money as provided in paragraph (d) of this subsection (1), and the taxes are due and unpaid after the ten-day period allowed, he, as well as the vendor, shall be personally liable for the payment of the taxes unpaid by the former owner. Likewise, anyone who takes any stock of goods or business fixtures of or used by any retailer under lease, title retaining contract, or other contract arrangement, by purchase, foreclosure sale, or otherwise, takes same subject to the lien for any delinquent sales taxes owed by such retailer and shall be liable for the payment of all delinquent sales taxes of such prior owner, not, however, exceeding the value of property so taken or acquired.

(f) Any qualified purchaser that provides a direct payment permit number issued pursuant to section 39-26-103.5 to a vendor or retailer shall be subject to the lien created in paragraph (a) of this subsection (1) to the extent of any tax owed as a result of purchases made by the qualified purchaser plus any penalty and interest assessed pursuant to this article or article 21 of this title.

(2) Whenever the business or property of any taxpayer subject to this part 1 shall be placed in receivership, bankruptcy, or assignment for the benefit of creditors, or seized under distraint for property taxes, all taxes, penalties, and interest imposed by this part 1, and for which said retailer is in any way liable under the terms of this part 1, shall be a prior and preferred claim against all the property of said taxpayer, except as to preexisting claims or liens of a bona fide mortgagee, pledgee, judgment creditor, or purchaser whose rights shall have attached prior to the filing of the notice as provided in section 39-26-118 on the property of the taxpayer, other than the goods, stock in trade, and business fixtures of such taxpayer. No sheriff, receiver, assignee, or other officer shall sell the property of any person subject to this part 1 under process or order of any court without first ascertaining from the executive director the amount of any taxes due and payable under this part 1, and, if there are any such taxes due, owing, or unpaid, it is the duty of such officer to first pay the amount of said taxes out of the proceeds of said sale before making payment of any moneys to any judgment creditor or other claims of whatsoever kind or nature, except the costs of the proceedings and other preexisting claims or liens as provided in this section. For the purposes of this part 1, "taxpayer" includes "retailer".
C.R.S. § 39-22-801 — CO Code / Title 39 / Article 22 / Part 8 / Section 39-22-801
39-22-801. Voluntary contribution designation - procedure
Status: in_force

39-22-801. Voluntary contribution designation - procedure. For income tax years commencing on or after January 1, 2010, the Colorado state individual income tax return form must contain a line whereby each individual taxpayer may designate the amount of the contribution, if any, the taxpayer wishes to make to the Colorado domestic abuse program fund created in section 39-22-802.
C.R.S. § 39-27-122 — CO Code / Title 39 / Article 27 / Part 1 / Section 39-27-122
39-27-122. Measurement - liquefied petroleum gas and natural gas - director of division of
Status: in_force

39-27-122. Measurement - liquefied petroleum gas and natural gas - director of division of oil and public safety - rules. Prior to January 1, 2014, the director of the division of oil and public safety shall promulgate reasonable rules related to the accurate measurement of liquefied petroleum gas and natural gas. Thereafter, the director may modify or update the rules in his or her discretion.
C.R.S. § 39-23.5-105 — CO Code / Title 39 / Article 23.5 / Section 39-23.5-105
39-23.5-105. Tax upon transfer of gross estate of aliens - amount - property of alien defined
Status: in_force

39-23.5-105. Tax upon transfer of gross estate of aliens - amount - property of alien defined. (1) A tax in an amount determined as provided in this section is imposed on the transfer of the gross estate located in Colorado of every alien.

(2) The tax shall be an amount determined by multiplying the federal credit by a fraction, the numerator of which is the value of the property located in Colorado which is included in the gross estate and the denominator of which is the value of the alien's gross estate. For Colorado estate tax purposes, no credit for taxes is allowable in determining such federal credit under this subsection (2) other than the unified credit.

(3) Property located in Colorado of an alien includes real property situated in this state held in trust or otherwise; tangible personal property which has an actual situs in this state; and intangible personal property if the physical evidence of such property is located within this state or if such property is directly or indirectly subject to protection, preservation, or regulation under the laws of this state, to the extent such property is included in the decedent's gross estate.
C.R.S. § 39-22-403 — CO Code / Title 39 / Article 22 / Part 4 / Section 39-22-403
39-22-403. Income of a nonresident estate or trust subject to income tax
Status: in_force

39-22-403. Income of a nonresident estate or trust subject to income tax. (1) In the case of a nonresident estate or trust, the tax imposed by section 39-22-104 shall be apportioned in the ratio of the Colorado-source federal taxable income to the total federal taxable income, both modified as provided in section 39-22-104.

(2) Colorado-source federal taxable income of an estate or trust means:

(a) Its share of the Colorado-source federal distributable net income as determined in section 39-22-404; and

(b) Its share of any Colorado-source income, gain, loss, and deduction recognized for federal income tax purposes but excluded from the definition of federal distributable net income of the estate or trust as determined under section 39-22-109, as in the case of a nonresident individual, and modified as provided in section 39-22-104.
C.R.S. § 39-22-305 — CO Code / Title 39 / Article 22 / Part 3 / Section 39-22-305
39-22-305. Consolidated returns
Status: in_force

39-22-305. Consolidated returns. (1) An affiliated group of C corporations, as defined in section 1504 of the internal revenue code, may elect to make a consolidated return with respect to the corporate income tax imposed by section 39-22-301 (1) for the taxable year in lieu of separate returns. The making of a consolidated return shall be upon the condition that all C corporations which at any time during the taxable year have been members of the affiliated group consent to be included in such return. The making of a consolidated return shall be considered as such consent. Such election may not be revoked in less than four years unless approved by the executive director.

(2) The executive director shall prescribe such regulations as the executive director may deem necessary in order that the tax liability of any affiliated group of C corporations making a consolidated return and of each C corporation in the group, both during and after the period of affiliation, may be returned, determined, computed, assessed, collected, and adjusted, in such manner as clearly to reflect the income tax liability and the various factors necessary for the determination of such liability and as the executive director may deem necessary in order to prevent avoidance of the tax liability.
C.R.S. § 39-2-109.5 — CO Code / Title 39 / Article 2 / Section 39-2-109.5
39-2-109.5. Computers for property assessment - state assistance
Status: repealed

39-2-109.5. Computers for property assessment - state assistance. (Repealed)
C.R.S. § 39-22-567 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-567
39-22-567. Tax credit for investments in fixed capital assets for a shared quantum facility
Status: repealed

39-22-567. Tax credit for investments in fixed capital assets for a shared quantum facility - tax preference performance statement - legislative declaration - definitions - report - repeal. (1) Tax preference performance statement. In accordance with section 39-21-304 (1), which requires each bill that creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that:

(a) The general legislative purposes of the tax credit allowed by this section are:

(I) To induce certain designated behavior by taxpayers; and

(II) To improve industry competitiveness;

(b) The specific legislative purpose of the tax credit allowed by this section is to induce a qualified applicant to invest in fixed capital assets to create a hub that is a shared quantum facility that accomplishes translational research and incubation, low-volume manufacturing and fabrication and rapid prototyping in a laboratory environment and to provide related services and workforce development to support the development of quantum businesses and the quantum ecosystem in the state; and

(c) The general assembly and the state auditor shall measure the effectiveness of the credit in achieving the purposes specified in subsections (1)(a) and (1)(b) of this section based on the information reported by the office pursuant to subsection (11) of this section.

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

(a) "Consortium" means a group of nonprofit or for-profit entities, or both, that are jointly making qualifying investments in an eligible project to create and operate a shared quantum facility. A consortium may include one or more members exempt from tax pursuant to section 39-22-112.

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

(c) "Eligible project" means a capital project undertaken in the state to create a shared quantum facility for which a qualified applicant makes qualifying investments and that is approved by the office in accordance with the policies, procedures, and guidelines for the implementation and administration of the tax credit allowed by this section adopted by the office pursuant to subsection (12) of this section.

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

(e) (I) "Qualified applicant" means a nonprofit or for-profit entity that submits an application for the reservation and issuance of tax credits to the office pursuant to this section. An applicant may be a consortium as set forth in subsection (4) of this section.

(II) A "qualified applicant" includes a person that is exempt from taxation pursuant to section 39-22-112.

(f) (I) "Qualifying fixed capital assets" means:

(A) Land in this state;

(B) Buildings, fixtures, and other structural components of buildings in this state for which the qualified applicant is allowed a deduction for depreciation pursuant to section 167 of the internal revenue code, including purchasing or constructing a facility, renovating a facility, making tenant improvements, funding a capital lease, capitalized labor, construction, and installation costs;

(C) Tangible personal property acquired for use exclusively in this state for which the qualified applicant is allowed a deduction for depreciation pursuant to section 167 of the internal revenue code, including furniture, fixtures and equipment such as outfitting an office, laboratory machines, refrigeration, HVAC systems, piping, measuring, monitoring and instrumentation equipment, fabrication machines, tools and equipment, and any hardware and software developed by third parties necessary for quantum technology applications; and

(D) Computer software acquired for use exclusively in this state for which the qualified applicant is allowed a deduction for depreciation pursuant to section 167 of the internal revenue code.

(II) "Qualifying fixed capital assets" is limited to property acquired, constructed, reconstructed, or erected as part of a coordinated plan to create a shared quantum facility.

(III) For purposes of this subsection (2)(f), if a qualified applicant is not subject to federal income tax, the qualified applicant is deemed to be allowed a deduction for depreciation if such a deduction would have been allowed were the qualified applicant subject to federal income tax.

(IV) "Qualifying fixed capital assets" shall be acquired, constructed, reconstructed, or erected where possible by a certified contractor on a certified contractor list that is obtained from the Colorado department of labor and employment and that contains the information specified in section 40-3.2-105.6 (3)(a).

(g) "Qualifying investment" means the amount paid by a qualified applicant to acquire, construct, reconstruct, or erect qualifying fixed capital assets to the extent such amount is required to be capitalized pursuant to the internal revenue code or such amount is allowed to be deducted under section 179 of the internal revenue code. "Qualifying investment" includes an amount capitalized by a lessee of qualifying fixed capital assets for a lease that is treated as a sale for federal income tax purposes.

(h) "Quantum business" means a private for-profit trade or business or nonprofit organization that has quantum technology as a key part of its business model or organizational purpose, including but not limited to manufacturing, testing, production, research and development, or enhancement of hardware or software to perform or use quantum technology as a key input or output of its business model, and companies that produce goods or services that are key inputs for other quantum business.

(i) "Shared quantum facility" means a primary place in the state where an applicant performs activities and provides economic benefits related to supporting quantum businesses and the quantum ecosystem.

(3) Credit allowed. (a) Subject to the provisions of subsection (3)(c) of this section, for income tax years commencing on or after January 1, 2025, but prior to January 1, 2033, a qualified applicant is allowed a credit against the income taxes imposed by this article 22 for placing an eligible project in service in an amount specified on the credit certificate issued by the office pursuant to subsection (7) of this section.

(b) To claim the credit allowed pursuant to this section, the qualified applicant must submit an application for a tax credit reservation as specified in subsection (5) of this section, place the eligible project in service prior to January 1, 2031, obtain a tax credit certificate from the office as specified in subsection (7) of this section, and, once issued by the office, file the tax credit certificate with the qualified applicant's income tax return as specified in subsection (8) of this section.

(c) The tax credit created in this section is not allowed to any qualified applicant unless a Colorado-based entity receives a multi-million dollar federal grant from the economic development administration for the regional technology and innovation program or a comparable federal grant program. The office shall notify the department if a grant specified in this subsection (3)(c) is received.

(4) Consortium as qualified applicant - tax matters representative. If a qualified applicant is a consortium:

(a) The basis of the credit allowed by this section includes the aggregate qualifying investment by all the members of the consortium as described in subsection (7)(a)(II) of this section.

(b) Whether the applicant performs the activities and provides the economic benefits related to quantum business is based upon the activities performed by and the benefits provided by all the members of the consortium.

(c) The members of the consortium shall designate one member to be the tax matters representative. The tax matters representative shall disclose to the office that it is the tax matters representative acting on behalf of the consortium. The tax matters representative shall also disclose to the office the name and taxpayer identification number of each member of the consortium.

(d) The tax matters representative is responsible for representing and binding the consortium with respect to all issues affecting the credit, including submitting the application for a tax credit reservation, representing the consortium before the office with respect to the application, notifying the office that the eligible project has been placed in service, submitting proof of compliance, submitting ongoing compliance reports, submitting any other report or document required by the office or the department, adjudicating any disputes, and taking any other action required of a qualified applicant by this section. The acts of the tax matters representative are binding upon all members of the consortium.

(e) The office shall issue a tax credit certificate to, and in the name of, the tax matters representative. The tax matters representative shall file the return and claim the full amount of the tax credit pursuant to subsection (8) of this section. The department shall pay any amount refunded pursuant to subsection (9) of this section to the tax matters representative.

(f) If the credit allowed by this section is recaptured pursuant to subsection (10) of this section, the tax matters representative shall add the recaptured credit, plus any applicable penalties and interest, to its return. Nevertheless, every member of the consortium is jointly and severally liable for any resulting deficiency.

(5) Application submission and review for tax credit reservation. (a) An applicant may submit an application for a tax credit reservation to the office on or after January 1, 2024, but no later than December 31, 2025; except that, if the federal government has not announced the grant recipient described in subsection (3)(c) of this section by June 30, 2025, the office may extend the application deadline to no more than six months after an announcement that a Colorado-based entity has received the grant described in subsection (3)(c) of this section. The application shall include a project plan for a shared quantum facility.

(b) The office shall review all submitted applications for a tax credit reservation to:

(I) Determine whether the applicant is a qualified applicant;

(II) Determine whether the application for a tax credit reservation is complete and includes a plan to make investments in qualifying fixed capital assets for the creation of a shared quantum facility;

(III) Make a preliminary determination whether the project plan for a shared quantum facility is for an eligible project based on the policies and procedures developed by the office pursuant to subsection (12) of this section; and

(IV) Determine whether the eligible project is entitled to a tax credit reservation as specified in subsection (6) of this section.

(c) The office shall make the determinations specified in subsection (5)(b) of this section within ninety days of the date the office receives the complete application for a tax credit reservation.

(d) If the office determines that an application for a tax credit reservation is incomplete or that it is unable to make the determination specified in subsection (5)(b) of this section, the office shall notify the applicant in writing of the office's decision and may remove the application for a tax credit reservation from the review process.

(e) As part of the application review process required pursuant to subsection (5)(b) of this section, the office may request clarifications and modifications to the application.

(f) The office may include performance requirements and criteria that a qualified applicant is required to satisfy before the office will issue a tax credit reservation pursuant to subsection (6) of this section or a tax credit certificate pursuant to subsection (7) of this section. The office must document in writing any requirements created pursuant to this subsection (5)(f).

(6) Tax credit reservation. (a) Based on the factors specified in subsection (6)(d) of this section, the office may determine that a qualified applicant is entitled to a tax credit reservation in accordance with the provisions of this section. The office shall issue tax credit reservations subject to the limitations set forth in this subsection (6) and in accordance with the policies and procedures established pursuant to subsection (12) of this section.

(b) If the office reserves a tax credit for the benefit of a qualified applicant, the office shall notify the qualified applicant in writing of the reservation and the amount reserved. The reservation of a tax credit by the office for a qualified applicant does not entitle the qualified applicant to issuance of a credit certificate until the qualified applicant complies with all the other requirements specified in this section for the issuance of the tax credit. When the office approves a tax credit reservation, the office may also impose additional requirements, which a qualified applicant shall satisfy as part of completing the qualifying investment, before a tax credit certificate is issued to the qualified applicant.

(c) (I) Subject to the limitations in this subsection (6)(c), if approved, the office may issue a tax credit reservation to a qualified applicant for an eligible project in an amount equal to the qualified applicant's estimated qualifying investment.

(II) The aggregate amount of all fixed asset investment tax credit reservations that the office may issue pursuant to this section must not exceed forty-four million dollars.

(III) The office may establish policies and procedures to cap the total amount of any tax credit reservation issued to a qualified applicant pursuant to this subsection (6).

(d) In making the final determination of which project plan to issue tax reservations to pursuant to this subsection (6), the office may prioritize a project plan that:

(I) Is submitted by a qualified applicant that is a consortium that includes the following or is submitted by a qualified applicant that is not a consortium and that collaborates with the following:

(A) A nonprofit entity created by institutions of higher education of high research activity, classified as R1 universities, led by a public R1 university with a demonstrated history of quantum-related research and investment in Colorado; and

(B) A nonprofit entity that has received a substantial federal award for the purposes of cultivating and expanding a quantum-related ecosystem within Colorado;

(II) Is submitted by a qualified applicant that demonstrates an ability to meet application requirements designated by the office, including:

(A) The submission of a budget for the project plan that includes the sources of funding for the project and anticipated uses of the funding;

(B) The submission of an explanation for the ways in which the shared quantum facility will be used and how it will benefit the quantum industry in this state; and

(C) The submission of a community benefits plan developed by a nonprofit entity described in subsection (6)(d)(I)(B) of this section, through engagement with the community surrounding the shared quantum facility and labor organizations;

(III) Is submitted by a qualified applicant that:

(A) Demonstrates that the project plan is agreed upon by the entities described in subsections (6)(d)(I)(A) and (6)(d)(I)(B) of this section;

(B) Demonstrates an intent to equitably and effectively distribute the tax credits or the refund proceeds of the tax credit;

(C) Demonstrates an intent to leverage the proceeds of the refundable tax credit pursuant to this section for the purpose of creating and financing a shared quantum facility to accomplish the goals specified in subsection (1)(b) of this section;

(D) Includes a summary of any third-party resources apart from the tax credits allowed pursuant to this section that will be used to create or finance the shared quantum facility; and

(E) Includes a proposed collaboration plan that outlines the operational and governance plan for the shared quantum facility;

(IV) Proposes a suitable location for the shared quantum facility; and

(V) Is made by a qualified applicant that is a newly created nonprofit organization dedicated to the purpose of promoting the quantum ecosystem and its commercial growth.

(e) As part of the tax credit reservation process pursuant to this subsection (6), the office may request clarifications or modifications to the application submitted pursuant to subsection (5) of this section.

(f) The applicant, at the applicant's own risk, may begin making investments in qualifying fixed capital assets before a tax credit reservation is awarded to the qualified applicant pursuant to this subsection (6). If a tax credit reservation application is approved for a qualified applicant, investments in qualifying fixed capital assets that the qualified applicant made up to twelve months before the date the tax credit reservation was submitted may be included in the calculation of qualifying fixed capital assets for the purpose of determining the amount of the tax credit certificate issued pursuant to subsection (7) of this section.

(7) Proof of compliance - audit of qualifying investments certification - issuance of tax credit certificate. (a) (I) After a qualified applicant completes a project or a phase of a project, the qualified applicant shall notify the office that the project or phase of the project has been placed in service and shall certify the types and amount of the qualifying investments and how the investments were used in an eligible project, after which the office shall make a final determination as to whether the project is an eligible project. The applicant shall include a review of the certification by a licensed certified public accountant that is not affiliated with the qualified applicant that aligns with office policies for certification of qualifying investments. The applicant shall also certify and provide documents demonstrating that the applicant satisfied any additional requirements imposed by the office pursuant to subsections (6) and (12) of this section.

(II) Qualifying investment expenditures that are eligible for the tax credit allowed pursuant to this section may be made by the applicant, members of a consortium, if applicable, or other entities contracted to make the expenditures on behalf of the applicant or members of a consortium as part of a coordinated plan to create the shared quantum facility. The source of money for the qualifying investment expenditures that are eligible for the tax credit can be from any source of money that the applicant or members of a consortium or other entities have available for making the investments.

(III) Within ninety days after receipt of the complete documentation required in subsection (7)(a)(I) of this section from the qualified applicant, the office shall review the qualified applicant's documentation of certified qualifying investments, determine whether the documentation satisfies the project plan and other requirements, and, if the office determines that the documentation satisfies the project plan and other requirements, the office shall issue a tax credit certificate for the lesser of the amount specified in the tax credit reservation issued to the qualified applicant pursuant to subsection (6) of this section or the amount of the qualifying investment.

(b) If there are any unreserved amounts of tax credits available under subsection (6) of this section, and if the amount of certified qualifying investments incurred by the qualified applicant would have resulted in the qualified applicant being issued a tax credit certificate that exceeds the amount of the tax credit reservation issued to the qualified applicant, the qualified applicant may apply to the office for the issuance of an additional tax credit certificate in an amount equal to the difference between the amount that would have been issued as a result of the certified qualifying investments if that amount was not limited to the amount of the tax credit reservation pursuant to subsection (7)(a)(III) of this section and the amount of the tax credit reservation by submitting an application in a form and manner determined by the office. The office shall review the application as specified in subsection (5) of this section and, if approved, shall issue a separate tax credit certificate awarding the qualified applicant the additional credit.

(c) The first application for tax credit issuance may include qualifying investments for the entire eligible project or just the initial phase and must be submitted by the qualified applicant no later than December 31, 2028.

(d) A qualified applicant may submit additional applications for tax credit issuance pursuant to this subsection (7) as the qualified applicant completes additional phases of the project that are placed in service. The qualified applicant may submit such applications through December 31, 2030, and up to the amount of tax credits reserved by the applicant.

(8) Filing tax credit certificate with income tax return. (a) To claim the credit authorized by this section, a qualified applicant shall file the tax credit certificate issued by the office pursuant to subsection (7) of this section with the qualified applicant's state income tax return. If the qualified applicant is exempt from tax pursuant to section 39-22-112 (1), the qualified applicant shall file a return pursuant to section 39-22-601 (7)(b). The amount of the tax credit that a qualified applicant may claim pursuant to this section is the amount stated on the tax credit certificate.

(b) A qualified applicant may not use a tax credit certificate issued pursuant to this subsection (8) before the income tax year that begins on or after January 1, 2026, but must use the tax credit certificate before the last income tax year that commences before January 1, 2033.

(c) A tax credit certificate issued to a partnership, a limited liability company taxed as a partnership, or multiple owners of a property 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 or pursuant to an executed agreement among the partners, members, or owners documenting an alternate distribution method.

(9) Refundability. (a) Except as otherwise provided in subsection (9)(b) of this section, not more than the aggregate of twenty-four million dollars of credits to be issued to all qualified applicants pursuant to this section may be claimed by the qualified applicants in the taxable year in which the eligible project is placed in service. If the qualified applicants are issued more than an aggregate of twenty-four million dollars in credits pursuant to this section, not more than twenty million dollars of the total amount of credits to be issued may be claimed in any single future taxable year; except that credits may not be claimed for any income tax year that begins on or after January 1, 2033.

(b) If the amount of the credit allowed to be claimed in the applicable taxable year pursuant to this section exceeds the amount of income taxes otherwise due on the income of the qualified applicant in the income tax year for which the credit is being claimed, or the qualified applicant is a person who is exempt from taxation pursuant to section 39-22-112 (1), one hundred percent of the amount of the credit that is allowed to be claimed for the applicable tax year that is not used as an offset against income taxes in the income tax year is refunded to the qualified applicant.

(10) Compliance monitoring and recapture. (a) Except as provided in subsection (10)(b) of this section, if, during the compliance period, the qualified applicant sells, transfers, abandons, or repurposes a substantial portion of the qualifying fixed capital assets for which the qualified applicant was allowed a credit pursuant to this section, or otherwise ceases to operate the shared quantum facility in this state, the office shall notify the qualified applicant and the department that the credit allowed in this section is disallowed. The qualified applicant shall add the full amount of the credit that was actually used to offset the qualified applicant's income tax or refunded to the qualified applicant to its return as a recaptured credit for the taxable year in which the credit is disallowed pursuant to this subsection (10).

(b) The potential increase in tax required pursuant to subsection (10)(a) of this section does not apply if:

(I) All or part of the shared quantum facility experiences a casualty loss and if the qualifying fixed capital assets lost are restored within a reasonable period established by the office;

(II) Solely by reason of the disposition of land, a building, a structure, or a facility, or an interest therein, the shared quantum facility is relocated within this state to a property approved by the office; or

(III) A qualifying fixed capital asset is replaced or upgraded in the normal course of its use.

(c) (I) The office shall establish reporting requirements to monitor compliance with this subsection (10), including requirements regarding the reporting of a disposition of a building, structure, or facility by the qualified applicant.

(II) If a dispute arises about whether a building, structure, or facility is a shared quantum facility, the office shall adjudicate the dispute and notify the department of the resolution.

(III) Notwithstanding section 39-21-107 (2), if a building, structure, or facility, or an interest therein, is disposed of during any taxable year during the compliance period, and thereafter the building, structure, or facility or any replacement for the building, structure, or facility is not a shared quantum facility, then:

(A) The qualified applicant shall add the full amount of the credit to its return as a recaptured credit for the taxable year in which the credit is disallowed pursuant to this subsection (10) notwithstanding the disposition of the building, structure, or facility;

(B) The statutory period for the assessment of any deficiency with respect to the disallowed credit must not expire before the expiration of three years from the date the office is notified, in such a manner as the office determines, that the project is not an eligible project; and

(C) The department shall assess any deficiency before the expiration of such three-year period together with any applicable interest and penalty imposed pursuant to this article 22.

(d) As used in this subsection (10), unless the context otherwise requires, "compliance period" means the period of fifteen years following the taxable year in which the qualified applicant placed the eligible project or the initial phase of the eligible project in service.

(11) Reporting. (a) No later than December 31, 2027, and, notwithstanding the requirement in section 24-1-136 (11)(a)(I), no later than December 31 of each two years thereafter through 2033, the office shall provide a written report to the general assembly and shall further make the report available to the public. In connection with tax credits issued pursuant to this section, the report must include:

(I) A description of each eligible project placed in service;

(II) A description of the use or uses of the eligible project;

(III) The number and quality of jobs supported in the quantum industry as a result of the eligible project;

(IV) The number of quantum businesses that have been supported through the eligible project;

(V) An overview of the types of intellectual property that have been advanced through the eligible project; and

(VI) The amount of federal money that has been awarded to the eligible facility.

(b) 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 applicant to which the office issues a tax credit certificate for the preceding tax year that includes the following information:

(I) The qualified applicant's name;

(II) The amount of the credit; and

(III) The qualified applicant's social security number or the qualified applicant's Colorado account number and federal employer identification number.

(12) Policies and procedures. (a) The office may create and modify policies, procedures, and guidelines as necessary to further implement the tax credits to be claimed for the completion of eligible projects pursuant to this section and shall solicit advice from the department and quantum industry participants in creating and modifying such policies, procedures, and guidelines.

(b) With respect to making the preliminary determination as to whether a project plan is a plan for an eligible project pursuant to subsection (5)(b)(III) of this section, the office shall develop standards that include, but are not limited to:

(I) Performance standards and guidelines for a shared quantum facility;

(II) A detailed cost estimate for the project plan;

(III) Evidence of site control of the site where the project will occur; and

(IV) The financing or funding that is available for the project plan.

(c) With respect to making the preliminary determination as to whether a project plan is a plan for an eligible project pursuant to subsection (5)(b)(III) of this section, the office shall consider job quality standards and guidelines for the shared quantum facility that adhere to the "Good Jobs Principles" established by the United States department of labor and United States department of commerce.

(13) Repeal. This section is repealed, effective December 31, 2050.
C.R.S. § 39-3-113.5 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-113.5
39-3-113.5. Property acquired by nonprofit housing provider for low-income housing - use for
Status: in_force

39-3-113.5. Property acquired by nonprofit housing provider for low-income housing - use for charitable purposes - exemption - limitations - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Area median income" means the median income of any county in which property is located in relation to family size, as published annually by the United States department of housing and urban development.

(a.5) "Community land trust" means a nonprofit organization that is exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and is designed to ensure long-term housing affordability through a shared-equity model by acquiring and maintaining ownership of real property, while selling the improvements to low-to-middle income households for use as a primary residence.

(b) "Indicators of intent" means off-site activities of a nonprofit housing provider that establish the provider's specific intent to:

(I) Use property for the purpose of constructing or rehabilitating housing to be sold to low-income applicants; or

(II) Sell the property to low-income applicants for the purpose of constructing or rehabilitating housing for the low-income applicants.

(b.5) "Land lease" means a long-term lease used in affordable homeownership properties to lease the real property that is owned by a community land trust or nonprofit affordable homeownership developer to the owner of the improvements on the real property and preserve the improvements as an affordable homeownership property.

(c) "Low-income applicant" means:

(I) For property tax years commencing before January 1, 2024, an individual or family whose total income is no greater than eighty percent of the area median income and who applies to a nonprofit housing provider to assist in the construction and purchase of housing to be constructed by the provider; and

(II) For property tax years commencing on or after January 1, 2024, an individual or family who both apply to a nonprofit housing provider to purchase an affordable for-sale unit and whose total income is at or below either:

(A) One hundred percent of the area median income of households of the same size in the county in which the housing is located; or

(B) One hundred twenty percent of the area median income of households of the same size in the county in which the housing is located, if the individual or family resides in a county classified as a rural resort community by the division of housing pursuant to section 29-4-1107 (1)(d).

(d) "Nonprofit housing provider" means an organization that is exempt from federal income tax pursuant to section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and that has a primary organizational mission of:

(I) Working with low-income applicants to construct or rehabilitate housing that the organization then sells to the low-income applicants for their residential use; or

(II) Selling property or improvements to low-income applicants for the low-income applicants' residential use.

(2) (a) Subject to the limitations specified in subsection (3) of this section, for property tax years commencing on or after January 1, 2011, real property acquired by a nonprofit housing provider upon which the provider intends to construct or rehabilitate housing to be sold to low-income applicants or which the provider intends to sell to low-income applicants for their residential use is deemed to be being used for strictly charitable purposes, regardless of whether or not there is actual physical use of the property, and shall be exempt from property taxation in accordance with section 5 of article X of the state constitution.

(b) (I) For property tax years commencing on or after January 1, 2024, the property tax exemption described in this section applies from when the nonprofit housing provider claims the exemption, through construction, rehabilitation, or improvement of the property, until the provider sells, transfers, donates, or leases the property.

(II) If property is sold by a nonprofit housing provider to a low-income applicant, the property may qualify for the property tax exemption described in this section until a certificate of occupancy is issued for the property; except that property may not qualify for the property tax exemption described in this section more than one year after the provider sells the property to the low-income applicant.

(c) (I) For property tax years commencing on or after January 1, 2011, but before January 1, 2024, in determining whether a nonprofit housing provider satisfies the intent requirement of subsection (2)(a) of this section with respect to particular property, the administrator may consider indicators of intent, including but not limited to:

(A) The establishment by the nonprofit housing provider of a committee or other structure for the purpose of planning the construction or rehabilitation of housing on the property;

(B) Steps taken by the nonprofit housing provider to obtain any required local government approvals for the construction or rehabilitation of housing on the property;

(C) Steps taken by the nonprofit housing provider to develop and implement a financing plan for the construction or rehabilitation of housing on the property;

(D) The hiring of architects, contractors, or other professionals by the nonprofit housing provider in preparation for the actual construction or rehabilitation of housing on the property; and

(E) The solicitation or acceptance by the nonprofit housing provider of applications from low-income applicants for housing to be constructed or rehabilitated on the property.

(II) For property tax years commencing on or after January 1, 2024, in determining whether a nonprofit housing provider satisfies the intent requirement of subsection (2)(a) of this section with respect to particular property, the administrator may consider indicators of intent, including but not limited to:

(A) A land donation agreement between the landowner and the nonprofit housing provider that outlines the purpose of the property donation;

(B) A resolution by the nonprofit housing provider's board that designates the property for construction or rehabilitation of for-sale affordable housing; or

(C) A resolution by the nonprofit housing provider's board that approves the purchase of the property for land banking with the purpose of constructing or rehabilitating for-sale affordable housing.

(3) (a) For property tax years commencing on or after January 1, 2011, but before January 1, 2024, the property tax exemption described in this section is subject to the following limitations:

(I) The exemption may be allowed for a maximum of five consecutive property tax years, beginning with the property tax year in which the nonprofit housing provider obtained title to the property; and

(II) If the nonprofit housing provider is allowed an exemption for any property tax year and subsequently sells, donates, or leases the property to any person other than a low-income applicant who assisted or will assist in the construction of housing for the applicant's residential use on the property, the provider shall be liable for all property taxes that the provider did not previously pay due to the exemption.

(b) For property tax years commencing on or after January 1, 2024, the property tax exemption described in this section is subject to the following limitations:

(I) For nonprofit housing providers who have not previously claimed the property tax exemption, the exemption may be allowed for a maximum of ten consecutive property tax years, beginning with the property tax year in which the nonprofit housing provider claimed the exemption;

(II) For nonprofit housing providers who have previously claimed the property tax exemption, the exemption may be allowed for a maximum of five consecutive property tax years, in addition to the five-year period described in subsection (3)(a)(I) of this section; and

(III) The nonprofit housing provider is liable for all property taxes that the provider did not previously pay due to the exemption if the provider sells, donates, or leases the property to anyone other than:

(A) A low-income applicant who purchased the property; or

(B) A community land trust or nonprofit housing provider intending to sell the improvements on the property to a low-income applicant and lease the underlying land to the low-income applicant through a land lease.
C.R.S. § 39-3.5-103.5 — CO Code / Title 39 / Article 3.5 / Section 39-3.5-103.5
39-3.5-103.5. State treasurer - program administration - rules
Status: in_force

39-3.5-103.5. State treasurer - program administration - rules. (1) The state treasurer may conduct a public education campaign about the property tax deferral program created in this article 3.5.

(2) The state treasurer may contract with a third party to administer the property tax deferral program on behalf of the state treasurer.

(3) The state treasurer may promulgate rules, in accordance with article 4 of title 24, related to the administration of the property tax deferral program.
C.R.S. § 39-30.5-104 — CO Code / Title 39 / Article 30.5 / Section 39-30.5-104
39-30.5-104. Rural jump-start zone program requirements - commission - guidelines - definitio
Status: in_force

39-30.5-104. Rural jump-start zone program requirements - commission - guidelines - definitions. (1) (a) The commission shall develop guidelines for the administration of the rural jump-start zone program created in this article 30.5, including, but not limited to:

(I) Application requirements, including application requirements for the grant program under section 39-30.5-105 (5) and subsections (7)(c) and (7)(d) of this section;

(II) Guidelines regarding the issuing of credit certificates and grants; and

(III) Guidelines concerning the process by which the commission will determine whether a new business is not substantially similar in operation to and does not directly compete with the core function of a business that is operating in the rural jump-start zone in which the new business will be located and in a distressed county contiguous to the rural jump-start zone at the time the new business submits its application to a state institution of higher education or an economic development organization to participate in the rural jump-start zone program.

(b) The guidelines must be posted on the Colorado office of economic development's website no later than December 1, 2015. All updated guidelines must be posted on the office's website no later than December 1 of any year in which the guidelines are updated.

(c) In developing the guidelines, the commission shall follow the policies of the Colorado commission on higher education regarding service areas and regional education providers.

(2) No later than December 1, 2015, the commission shall determine which of the state's counties are distressed counties. If a distressed county is interested in participating in the rural jump-start zone program, the distressed county shall provide the commission with a resolution described in section 39-30.5-106.

(3) Each distressed county shall retain its designation as a distressed county for three years from the date of the designation. After the three-year period, the commission shall review the designation. If the commission determines that the county is no longer distressed, the new business and the new hires retain the benefits specified in section 39-30.5-105 for the remaining portion of the four-year period outlined in that section, or the remaining extended period if the commission grants an extension of the period pursuant to section 39-30.5-105 (1)(a)(II), (2)(a)(II), or (3)(b).

(4) (a) A state institution of higher education or an economic development organization intending to participate in the rural jump-start zone program shall adopt a conflict of interest policy. The conflict of interest policy must provide that:

(I) A representative of the state institution of higher education or the economic development organization may not use the relationship between the state institution of higher education or the economic development organization and the new business as a means for inurement or private benefit to the representative of the state institution of higher education or the economic development organization, any relative of such representative, or any business interests of such representative;

(II) A person who engages in the business of selling goods or services to a state institution of higher education or to an economic development organization, an employee of such person, or a person with a business interest in such person's business shall not vote on or participate in the administration by the state institution of higher education or by the economic development organization of any transaction with such business; and

(III) (A) Upon becoming aware of an actual or potential conflict of interest, a representative of the state institution of higher education or the economic development organization shall advise the chief academic officers or executive director of the institution or the executive director of the economic development organization of the conflict.

(B) Each state institution of higher education and each economic development organization shall maintain a written record of all disclosures made pursuant to subsection (4)(a)(III)(A) of this section.

(C) By January 31, 2016, and by January 31 of each year thereafter, each state institution of higher education and each economic development organization shall provide the record maintained under subsection (4)(a)(III)(B) of this section to the commission.

(b) For the purposes of a conflict-of-interest policy developed under subsection (4)(a) of this section:

(I) "Business interest" means that a representative:

(A) Owns or controls ten percent or more of the stock of the entity; or

(B) Serves as an officer, director, or partner of the entity.

(II) "Relative" means any person living in the same household as the representative of the state institution of higher education or of the economic development organization, any person who is a direct descendant of the representative's grandparents, or the spouse of such representative.

(III) "Representative of the state institution of higher education or of the economic development organization" means any employee with decision-making authority over the rural jump-start zone program.

(4.5) An economic development organization intending to participate in the rural jump-start zone program must be approved by the commission as established in the commission's guidelines.

(5) A new business must apply to a state institution of higher education or an economic development organization to participate in a rural jump-start zone program. The state institution of higher education or economic development organization shall require the new business to provide documentation that the new business meets the definition of new business as specified in section 39-30.5-103 (7) and that the new hires will meet the definition of new hire as specified in section 39-30.5-103 (8). If the state institution of higher education or economic development organization approves the new business, then the state institution of higher education or economic development organization shall apply to the commission for the approval of a rural jump-start zone as specified in subsection (6) of this section and approval of the new business for the rural jump-start zone program benefits as specified in subsection (7) of this section.

(6) (a) Upon approving a new business as specified in subsection (5) of this section, the state institution of higher education or economic development organization shall submit a complete written application for approval for a rural jump-start zone to the commission by the deadline established in the commission's guidelines. The application must include:

(I) Either the identification of:

(A) The state institution of higher education and identification of either the distressed county in which a campus is located or the distressed county that is included in the community college's service area or the regional education provider's service area; or

(B) The economic development organization and identification of the distressed county in which the organization is located or serves;

(II) Identification of the new business and documentation indicating that requirements for the new business have been met, including an estimate of the number of new hires that the new business anticipates it will hire;

(III) Satisfactory documentation that there exists a relationship between the new business and the state institution of higher education or between the new business and the economic development organization. Such documentation must show that:

(A) The relationship will result in positive benefits to the community and the local economy; and

(B) The mission and activities of the new business align with or further either the academic mission of the state institution of higher education or the mission of the economic development organization.

(IV) Identification of the municipalities with boundaries wholly or partly within the distressed county's boundaries;

(V) A resolution as described in section 39-30.5-106 from each interested municipality;

(VI) A description of the rural jump-start zone boundaries; and

(VII) Any other information that the commission deems necessary as specified in the commission's guidelines.

(b) A state institution of higher education or economic development organization may also submit a complete written application for approval for a rural jump-start zone to the commission by the deadlines established in the commission's guidelines when such state institution of higher education or economic development organization has not yet approved a new business as specified in subsection (5) of this section. In this case, the application must include:

(I) (A) Identification of the state institution of higher education and identification of either the distressed county in which a campus is located or the distressed county that is included in the community college's service area or the regional education provider's service area; or

(B) Identification of the economic development organization and identification of the distressed county in which the organization is located or serves.

(II) Identification of the municipalities with boundaries wholly or partly within the distressed county's boundaries;

(III) A resolution as described in section 39-30.5-106 from each interested municipality;

(IV) A description of the rural jump-start zone boundaries; and

(V) Any other information that the commission deems necessary as specified in the commission's guidelines.

(7) (a) The commission shall, at a public meeting properly noticed, review each application for a rural jump-start zone submitted by a state institution of higher education or an economic development organization. Based on the application submitted and the commission's guidelines, the commission may approve the rural jump-start zone and may approve the new business for the rural jump-start zone program benefits specified in section 39-30.5-105; except that the commission may not approve more than three rural jump-start zones for the 2016 calendar year and may not approve any rural jump-start zones or approve any new businesses for the rural jump-start zone program benefits on and after January 1, 2031. The commission may only approve a new business for the rural jump-start zone program benefits if the commission is satisfied that the new business meets the definition of new business as specified in section 39-30.5-103 (7), that the new hires will meet the definition of new hire as specified in section 39-30.5-103 (8), and that the new business will be located in the rural jump-start zone for which the state institution of higher education or economic development organization sought approval.

(b) (I) A new business that receives approval as specified in subsection (7)(a) of this section for the rural jump-start zone program benefits must submit a request for the issuance of a credit certificate by the deadlines established in the commission's guidelines. The request must include an estimated amount, as calculated by the new business, of the income tax credits for the new business and any new hires and the sales and use tax refunds allowed in section 39-30.5-105 and an estimated amount, as calculated by the new business, of incentive payments, exemptions, or refunds provided by local governments as specified in section 39-30.5-106.

(II) The office of economic development shall not issue more than a total of two hundred credit certificates in one income tax year for all new hires employed by all new businesses in each rural jump-start zone that receive approval as specified in subsection (7)(a) of this section; except that the office of economic development has the discretion to increase this limit to six hundred credit certificates if the new business is in one of the fourteen industries that the office of economic development targets for economic development in the state.

(III) If the benefit is for new hires, the commission shall provide the credit certificates for such new hires directly to the new business, and the new business shall provide a copy of the credit certificate to the new hire with their federal form W-2.

(IV) If the commission determines the new business or new hire no longer meets the requirements set forth in this article, the commission shall not issue credit certificates for the income tax credits allowed in section 39-30.5-105 (1) and (2) and shall not notify the department that the new business is eligible for the sales and use tax refund allowed in section 39-30.5-105 (3).

(c) (I) A new business that receives approval as specified in subsection (7)(a) of this section for the rural jump-start zone program benefits may be awarded grants, at the commission's discretion:

(A) For the establishment of operations in a rural jump-start zone; and

(B) For each new hire who meets the requirements of section 39-30.5-103 (8), and who is either hired by the new business upon establishing operations in a rural jump-start zone, or in the years after establishing operations in a rural jump-start zone; except that the grants allowed in this subsection (7)(c)(I)(B) must be calculated on an annual basis and may only be awarded one time for each new hire based on the new hire's federal form W-2.

(II) The commission may issue grants, subject to subsection (7)(c)(I) of this section and subject to available appropriations, as follows:

(A) Up to twenty thousand dollars to new businesses to establish operations;

(B) Up to forty thousand dollars to new businesses to establish operations in a tier one transition community;

(C) Up to two thousand five hundred dollars to new businesses for each new hire; or

(D) Up to five thousand dollars to new businesses for each new hire who is hired by the new business that is located in a tier one transition community.

(III) The commission may establish additional terms and conditions that it deems appropriate in awarding grants under this subsection (7)(c).

(IV) Grants allowed under this subsection (7)(c) may only be awarded to a new business if the new business meets the eligibility requirements for the tax benefits set forth in this article 30.5.

(d) (I) The commission may issue grants, at the commission's discretion, subject to this subsection (7)(d), and subject to available appropriations, not to exceed thirty thousand dollars per applicant, to a state institution of higher education or an economic development organization that collaborates with a new business that received approval for the rural jump-start zone program benefits under subsection (7)(a) of this section, in order to support the new business in meeting the purposes outlined in subsection (7)(c) of this section.

(II) When considering whether to issue a grant to a state institution of higher education or an economic development organization, and when considering the size of the grant, the commission shall review:

(A) An applicant's real and demonstrated costs resulting from the collaboration with a new business;

(B) Other nonmonetary benefits afforded to the applicant in collaborating with a new business;

(C) The number of new businesses the applicant is currently collaborating with and likely to collaborate with in the future;

(D) Whether the grant will support workforce development and applied research projects being carried out by the state institution of higher education or the economic development organization in concert with new businesses; and

(E) Any other facts the commission deems necessary when considering the overall mission of the rural jump-start zone program and the role of the applicant in furthering that mission.

(III) The commission may establish additional terms and conditions that it deems appropriate in awarding grants under this subsection (7)(d), including the size of the grant.

(IV) Grants awarded under this subsection (7)(d) may only be awarded to a state institution of higher education or an economic development organization if the grant recipient meets the eligibility requirements set forth in this article 30.5.

(8) The commission may review a new business or new hire up to twelve months following the issuance of any credit certificates to ensure the requirements in this article are being met.

(9) The Colorado office of economic development may make recommendations to the commission regarding any of the commission's duties and responsibilities outlined in this article 30.5, may provide staff assistance to the commission, and may assist the commission in administering the provisions of this article 30.5.
C.R.S. § 39-5-114 — CO Code / Title 39 / Article 5 / Part 1 / Section 39-5-114
39-5-114. Unclassified property shown on schedule
Status: in_force

39-5-114. Unclassified property shown on schedule. If any person owns, holds, or controls any kind or character of taxable personal property which is not specifically classified on the personal property schedule, he shall note such property therein, and such notation shall be held to be a sufficient description thereof for purposes of valuing the same, without further enumeration or description; but if the assessor so requests, such person shall disclose of what said property consists and its uses in detail.
C.R.S. § 39-11-135 — CO Code / Title 39 / Article 11 / Section 39-11-135
39-11-135. Form of tax deed
Status: in_force

39-11-135. Form of tax deed. Deeds executed by the treasurer under the provisions of this article shall be substantially in the following form:

Know all men by these presents, that, whereas, the following described real property, viz: (description of property taxed), situated in the county of ........................, and state of Colorado, was subject to taxation for the year (or years) A.D. 20....;

And, whereas, the taxes assessed upon said property for the year (or years) aforesaid remained due and unpaid at the date of the sale hereinafter named; and, whereas, the treasurer of the said county did, on the .............. day of .............., A.D. 20...., by virtue of the authority vested in him by law, at the sale begun and publicly held on the .............. day of .............., A.D. 20...., expose to public sale at the office of the treasurer, in the county aforesaid, in substantial conformity with the requirements of the statute in such case made and provided, the tax lien on the real property above described for the payment of the taxes, delinquent interest, and costs then due and remaining unpaid on said property;

And, whereas, at the time and place aforesaid, .............. of the county of .............. and .............. of .............. bid on the tax lien on all of the above described property the sum of .......... dollars and .... cents, being the whole amount of taxes, delinquent interest, and costs then due and remaining unpaid upon said property for that year, and the said .... having offered in his said bid to pay the sum of .......... dollars and .... cents in excess of said taxes, delinquent interest, and costs, and the said bid being the largest amount which any person offered to pay in excess of the said taxes, delinquent interest, and costs so due upon said property for that year (or those years), and payment of the said sum having been made by him to the said treasurer, the said tax lien on such property was stricken off to him at that price;

And, whereas, the said ................ did, on the .............. day of .............., A.D. 20...., duly assign the certificate of the sale of the tax lien on the property as aforesaid, and all his rights, title, and interest in said property, to .............. of the county of .............., and .............. of ..............;

And, whereas, at the sale so held as aforesaid by the treasurer, no bids were offered or made by any person or persons for the tax lien on said property, and no person or persons having offered to pay the said taxes, delinquent interest, and costs upon the said property for that year, and the treasurer having become satisfied that no sale of the tax lien on said property could be had, therefore the said tax lien on said property was, by the then treasurer of the said county, stricken off to the said county, and a certificate of sale was duly issued therefor to the said county in accordance with the statute in such case made and provided;

And, whereas, the said .............. county, acting by and through its treasurer, and in conformity with the order of the board of county commissioners of the said county, duly entered of record on the .............. day of ............., A.D. 20.... (the said day being one of the days of a regular session of the board of county commissioners of said county), did duly assign the certificate of sale of the tax lien on said property, so issued as aforesaid to said county, and all its rights, title, and interest in said property held by virtue of said sale;

And, whereas, the said .................. (or ..............) has paid subsequent taxes on said property to the amount of .............. dollars and .............. cents;

And, whereas, more than three years have elapsed since the date of the said sale, and the said property has not been redeemed therefrom as provided by law;

And, whereas, the said property was valued for assessment for that year at the amount of ..................;

And, whereas, all the provisions of the statutes prescribing prerequisites to obtaining tax deeds have been fully complied with, and are now of record, and filed in the office of the treasurer of said county;

Now, therefore, I, .................., treasurer of the county aforesaid, for and in consideration of the sum to the treasurer paid as aforesaid, and by virtue of the statute in such case made and provided, have granted, bargained, and sold, and by these presents do grant, bargain, and sell the above and foregoing described real estate unto the said .................. (or ..............), his heirs and assigns, forever, subject to all the rights of redemption by minors, or incompetent persons, as provided by law.

In witness whereof, I, .................., treasurer as aforesaid, by virtue of the authority aforesaid, have hereunto set my hand and seal this .............. day of .............., A.D. 20.... .

.....................................

(Seal) Treasurer

STATE OF COLORADO )

) ss.

County of ..................................................)

The foregoing instrument was acknowledged before me this .............. day of .............., 20...., by .............. as treasurer of said county.

Witness my hand and official seal. (If notary public, state date commission expires).

(Seal).....................................

.....................................

Title of Officer
C.R.S. § 39-1-104.4 — CO Code / Title 39 / Article 1 / Section 39-1-104.4
39-1-104.4. Adjustment of residential rate
Status: repealed

39-1-104.4. Adjustment of residential rate. (Repealed)
C.R.S. § 39-11-143 — CO Code / Title 39 / Article 11 / Section 39-11-143
39-11-143. Appraisal - county may retain, lease, or sell - definitions
Status: in_force

39-11-143. Appraisal - county may retain, lease, or sell - definitions. (1) Whenever real property is conveyed by a treasurer to the county by tax deed under section 39-11-142, the assessor shall annually value the same in the manner prescribed by law for taxable property and shall notify the board of county commissioners of such valuation.

(2) The board of county commissioners has the power to retain for public projects, rent, lease, or sell such real property as provided in this section.

(2.5) If the board of county commissioners retains such real property for a present or future public project, as defined in section 30-20-301 (2), C.R.S., it shall pass a resolution describing the project for which the property is retained. The board of county commissioners may rent or lease any lot or parcel retained for a present or future public project in accordance with subsection (3) of this section. For purposes of this section, using property to generate revenue for the county is not a public project.

(3) The board of county commissioners may lease such real property to an affiliated entity, but no lease shall be for a period exceeding five years. For purposes of this subsection (3), "affiliated entity" means a nonprofit entity with which the county enters into a contract for the delivery of goods or services to the county or to third parties on behalf of the county.

(4) (a) Any such real property that is not retained or leased in accordance with subsection (2.5) or (3) of this section shall be sold at public sale by the board of county commissioners within one year after the property is conveyed to the county; except that the board of county commissioners may reject any bid that is less than the value of the property as determined by the assessor. Prior to offering such property for sale, the board of county commissioners shall obtain from the assessor a certificate as to the current actual value and the valuation for assessment of the same. A notice of such sale shall be posted in a public place in the county courthouse at least thirty days before the date of sale, and such notice of sale shall also be advertised in two issues of a newspaper of general circulation in the county in which the property is situated, said newspaper notices to appear one week apart and within the thirty days as above provided. Such notice shall reserve the right upon the part of the board of county commissioners to reject any bid that is less than the value determined by the assessor. Said notice shall be substantially in the following form:

NOTICE

Public notice is hereby given that the following real property acquired by the County of .............., Colorado, by tax deed, to wit:

(description of property)

will, according to law, be offered at public sale at the county courthouse, .............., Colorado, on the .............. day of .............., 20...., at the hour of .... to the highest and best bidder. The board of county commissioners reserves the right to reject any bid that is less than the current actual value fixed by the county assessor.

..............................................

County Clerk and Recorder.

(a.5) The notice of sale posted pursuant to paragraph (a) of this subsection (4) shall contain a statement substantially in the following form: "If this property is at least fifty years old, it may be eligible for inclusion in the state register of historic properties or designation as a landmark. Such property may be eligible for certain rehabilitation grants and incentives."

(b) Such real property shall be sold at public sale for the highest and best bid for any lots or parcels, as determined in the discretion of the board of county commissioners; except that the board of county commissioners may reject any bid that is less than the value of the property as determined by the assessor. Such real property may be sold in such lots or parcels and upon such terms of payment as the board of county commissioners deems acceptable, but no deed shall be issued until the purchaser has made payment in full. Upon written application of any person, the board of county commissioners shall offer for sale the property requested by such person to be sold; except that no parcel shall be divided for the purpose of such requested sale unless the board of county commissioners specifically permits such division. The board of county commissioners may, prior to the sale of any lot or parcel, reserve or grant streets, alleys, or roads or utilities or other easements, public or private, under such terms and conditions as it may deem advisable.

(5) Such deeds shall be issued by a commissioner to convey, duly appointed by the board of county commissioners, which commissioner shall act upon the direction of the board of county commissioners, but such deed shall be issued without covenants of warranty.

(6) The foregoing provisions of this section shall not apply to any city and county having a population of more than three hundred thousand. Sales and leases by such city and county shall be made in compliance with the applicable provisions of its charter or ordinances. All sales and leases made before August 1, 1964, by such city and county of any real estate acquired by it under tax deeds, whether made or authorized by the board of county commissioners, the mayor of said city and county, or in purported compliance with its charter or ordinances, are deemed valid, and such sales and leases are hereby confirmed. All actions or proceedings to set aside or question the validity of such sales or leases made before August 1, 1964, by such city and county shall be brought within six months from said date and not thereafter. This subsection (6) shall not reinstate any such action or proceeding barred by law before August 1, 1964.
C.R.S. § 39-26-707 — CO Code / Title 39 / Article 26 / Part 7 / Section 39-26-707
39-26-707. Food, meals, beverages, and packaging - definitions
Status: in_force

39-26-707. Food, meals, beverages, and packaging - definitions. (1) The following shall be exempt from taxation under the provisions of part 1 of this article 26:

(a) All sales of food purchased with food stamps. For the purposes of this subsection (1)(a), "food" has the same meaning as provided in 7 U.S.C. sec. 2012, as such section exists on October 1, 1987, or is thereafter amended.

(b) All sales of food purchased with funds provided by the special supplemental food program for women, infants, and children, as provided for in 42 U.S.C. sec. 1786. For the purposes of this paragraph (b), "food" shall have the same meaning as provided in 42 U.S.C. sec. 1786, as such section exists on October 1, 1987, or is thereafter amended.

(c) Any sale of any article to a retailer or vendor of food, meals, or beverages, which article is to be furnished to a consumer or user for use with articles of tangible personal property purchased at retail, if a separate charge is not made for the article to the consumer or user, if such article becomes the property of the consumer or user, together with the food, meals, or beverages purchased, and if a tax is paid on the retail sale as required by section 39-26-104 (1)(a) or (1)(e); except that, on or after March 1, 2010, any such article that is nonessential to the consumer or user, as determined by rules of the department of revenue promulgated in accordance with article 4 of title 24, C.R.S., shall be subject to state sales taxation;

(d) Any sale of any container or bag to a retailer or vendor of food, meals, or beverages, which container or bag is to be furnished to a consumer or user for the purpose of packaging or bagging articles of tangible personal property purchased at retail, if a separate charge is not made for the container or bag to the consumer or user, if such container or bag becomes the property of the consumer or user, together with the food, meals, or beverages purchased, and if a tax is paid on the retail sale as required by section 39-26-104 (1)(a) or (1)(e); except that, on and after March 1, 2010, any such container or bag that is nonessential to the consumer or user, as determined by rules of the department of revenue promulgated in accordance with article 4 of title 24, C.R.S., shall be subject to state sales taxation;

(e) Commencing January 1, 1980, all sales of food; and

(f) (I) (A) On and after July 1, 2016, all sales of food, food products, snacks, beverages, and meals provided for consumption by residents on the premises of a retirement community;

(B) On and after July 1, 2016, all sales to a retirement community of food, food products, snacks, beverages, and meals for purposes of a sale described in sub-subparagraph (A) of this subparagraph (I);

(C) On and after July 1, 2016, all sales of any container, bag, or article used by or furnished to a consumer for the purpose of packaging, bagging, or use with food, food products, snacks, beverages, and meals provided for consumption by residents on the premises of a retirement community; and

(D) On and after July 1, 2016, all sales to a retirement community of any container, bag, or article used by or furnished to a consumer for purposes of a sale described in sub-subparagraph (A) of this subparagraph (I).

(II) For purposes of this paragraph (f), "food" includes prepared salads, salad bars, and packaged and unpackaged cold sandwiches.

(1.5) (a) Notwithstanding the provisions of paragraph (e) of subsection (1) of this section, on and after May 1, 2010, sales of candy and soft drinks shall be subject to state sales taxation.

(b) For the purposes of this subsection (1.5):

(I) "Candy" means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruit, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. "Candy" shall not include any preparation containing flour and shall require no refrigeration.

(II) "Soft drinks" means nonalcoholic beverages that contain natural or artificial sweeteners. "Soft drinks" do not include beverages that contain milk or milk products, soy, rice, or similar milk substitutes, or greater than fifty percent of vegetable or fruit juice by volume.

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

(a) Effective January 1, 1980, the storage, use, or consumption of food or meals that are provided to employees of the places described in section 39-26-104 (1)(e), if such are provided to such employees at no charge or at a reduced charge;

(b) The storage, use, or consumption of any article by a retailer or vendor of food, meals, or beverages, which article is to be furnished to a consumer or user for use with articles of tangible personal property purchased at retail, if a separate charge is not made for the article to the consumer or user, if the article becomes the property of the consumer or user, together with the food, meals, or beverages purchased, and if a tax is paid on the retail sale as required by section 39-26-104 (1)(a) or (1)(e); except that, on and after March 1, 2010, any such article stored, used, or consumed that is nonessential to the end consumer or user, as determined by rules of the department of revenue promulgated in accordance with article 4 of title 24, C.R.S., shall be subject to state use taxation;

(c) The storage, use, or consumption of any container or bag by a retailer or vendor of food, meals, or beverages, which container or bag is to be furnished to a consumer or user for the purpose of packaging or bagging articles of tangible personal property purchased at retail, if a separate charge is not made for the container or bag to the consumer or user, if the container or bag becomes the property of the consumer or user, together with the food, meals, or beverages purchased, and if a tax is paid on the retail sale as required by section 39-26-104 (1)(a) or (1)(e); except that, on and after March 1, 2010, any such container or bag stored, used, or consumed that is nonessential to the end consumer or user, as determined by rules of the department of revenue promulgated in accordance with article 4 of title 24, C.R.S., shall be subject to state use taxation;

(d) (I) Effective January 1, 1980, the storage, use, or consumption of food as defined in section 39-26-102 (4.5); except that, on and after May 1, 2010, the storage, use, or consumption of candy and soft drinks shall be subject to state use taxation.

(II) For the purposes of this paragraph (d):

(A) "Candy" means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruit, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. "Candy" shall not include any preparation containing flour and shall require no refrigeration.

(B) "Soft drinks" means nonalcoholic beverages that contain natural or artificial sweeteners. "Soft drinks" do not include beverages that contain milk or milk products, soy, rice, or similar milk substitutes, or greater than fifty percent of vegetable or fruit juice by volume.

(e) (I) (A) On and after July 1, 2016, the storage, use, or consumption of food, food products, snacks, beverages, and meals provided for consumption by residents on the premises of a retirement community;

(B) On and after July 1, 2016, the storage, use, or consumption by a retirement community of food, food products, snacks, beverages, and meals for purposes of a sale described in sub-subparagraph (A) of subparagraph (I) of paragraph (f) of subsection (1) of this section;

(C) On and after July 1, 2016, the storage, use, or consumption of any container, bag, or article used by or furnished to a consumer for the purpose of packaging, bagging, or use with food, food products, snacks, beverages, and meals provided for consumption by residents on the premises of a retirement community; and

(D) On and after July 1, 2016, the storage, use, or consumption by a retirement community of any container, bag, or article used by or furnished to a consumer for purposes of a sale described in sub-subparagraph (A) of subparagraph (I) of paragraph (f) of subsection (1) of this section.

(II) For purposes of this paragraph (e), "food" includes prepared salads, salad bars, and packaged and unpackaged cold sandwiches.

(f) The storage, use, or consumption of all food purchased with food stamps. For purposes of this subsection (2)(f), "food" has the same meaning as provided in 7 U.S.C. sec. 2012, as such section exists on October 1, 1987, or is thereafter amended.

(g) The storage, use, or consumption of all food purchased with funds provided by the special supplemental food program for women, infants, and children, as provided for in 42 U.S.C. sec. 1786. For the purposes of this subsection (2)(g), "food" has the same meaning as provided in 42 U.S.C. sec. 1786, as such section exists on October 1, 1987, or is thereafter amended.

(2.5) For purposes of this section, "retirement community" means:

(a) An assisted living residence as defined in section 25-27-102 (1.3), C.R.S.;

(b) An independent living facility designed and operated specifically to serve as the primary residence for persons aged fifty-five or older that provides meals and other services to residents as part of a comprehensive fee, including a facility that qualifies as housing for older persons as defined in section 24-34-502 (7)(b) and a life care institution subject to article 49 of title 11; or

(c) A nursing care facility licensed under the authority of section 25-1.5-103 (1)(a)(I)(A), C.R.S., that provides services to persons who, due to physical condition, mental condition, or disability, require continuous or regular inpatient nursing care.

(3) The department of revenue may promulgate rules, in accordance with article 4 of title 24, C.R.S., to provide a means by which a person who sells candy or soft drinks at retail may, if necessary, reasonably estimate the amount of sales taxes due on such candy and soft drinks. For any return made prior to August 1, 2010, a person who sells candy or soft drinks at retail shall not be liable for any interest or other penalty imposed as a result of an error made in connection with the elimination of the exemption from state sales tax for sales of candy and soft drinks, as defined in paragraph (b) of subsection (1.5) of this section, by House Bill 10-1191, enacted in 2010.

(4) For any return made prior to June 1, 2010, a person who sells or stores, uses, or consumes items described in paragraphs (c) and (d) of subsection (1) and paragraphs (b) and (c) of subsection (2) of this section that are nonessential to the end consumer or user shall not be liable for any interest or other penalty imposed as a result of an error made in connection with the elimination of the exemption for such nonessential items from state sales and use tax by House Bill 10-1194, enacted in 2010.
C.R.S. § 39-22-202 — CO Code / Title 39 / Article 22 / Part 2 / Section 39-22-202
39-22-202. Resident partners - definition
Status: in_force

39-22-202. Resident partners - definition. (1) In determining the federal taxable income of a resident partner for Colorado income tax purposes, any modification described in section 39-22-104 which relates to an item of partnership income, gain, loss, or deduction shall be made in accordance with the partner's distributive share, for federal income tax purposes, of the item to which the modification relates. Where a partner's distributive share of any such item is not required to be taken into account separately for federal income tax purposes, the partner's distributive share of such item shall be determined in accordance with his distributive share, for federal income tax purposes, of partnership taxable income or loss generally.

(2) Each item of partnership income, gain, loss, deduction, or credit shall have the same character for a partner under this article as for federal income tax purposes.

(3) Where a partner's distributive share of an item of partnership income, gain, loss, deduction, or credit is determined for federal income tax purposes by special provision of the partnership agreement with respect to such item and where the principal purpose of such provision is the avoidance or evasion of tax under this article, the partner's distributive share of such item and any modification required with respect thereto shall be determined as if the partnership agreement made no special provision with respect to such item.

(4) For purposes of section 39-22-108, each resident partner is considered to have paid a tax on each resident partner in an amount equal to each resident partner's pro rata share of any net income tax paid by the partnership to a state that does not measure the income of partners of a partnership by reference to the income of the partnership. As used in this subsection (4), "net income tax" means any tax imposed on, or measured by, a partnership's net income.
C.R.S. § 39-26-207 — CO Code / Title 39 / Article 26 / Part 2 / Section 39-26-207
39-26-207. Penalty interest on unpaid tax
Status: in_force

39-26-207. Penalty interest on unpaid tax. Any tax due and unpaid under this part 2 shall be a debt to the state, and shall draw interest at the rate imposed under section 39-21-110.5, in addition to the interest provided by section 39-21-109, from the time when due until paid. The executive director of the department of revenue may recover at law the amount of such tax and interest in a suit instituted by the attorney general in the name of the executive director of the department of revenue, and this remedy shall be in addition to all other remedies.
C.R.S. § 39-3-118.7 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-118.7
39-3-118.7. Community solar garden - partial business personal property tax exemption - defi
Status: in_force

39-3-118.7. Community solar garden - partial business personal property tax exemption - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Community solar garden" has the same meaning as set forth in section 40-2-127 (2)(b)(I)(A), C.R.S.

(b) "Subscriber" has the same meaning as set forth in section 40-2-127 (2)(b)(II), C.R.S.

(2) For property tax years commencing on and after January 1, 2015, but before January 1, 2021, there is exempt from the levy and collection of property tax the percentage of alternating current electricity capacity of a community solar garden that is attributed to residential or governmental subscribers, or to subscribers that are organizations that have been granted property tax exemptions pursuant to sections 39-3-106 to 39-3-113.5.
C.R.S. § 39-30-106 — CO Code / Title 39 / Article 30 / Section 39-30-106
39-30-106. Sales and use tax - machinery and equipment exempted
Status: repealed

39-30-106. Sales and use tax - machinery and equipment exempted. (1) (a) On or after July 1, 1995, purchases of machinery or machine tools, or parts thereof, and materials for the construction or repair of machinery or machine tools, in excess of five hundred dollars to be used solely and exclusively in an enterprise zone in manufacturing tangible personal property, for sale or profit, whether or not such purchases are capitalized or expensed, are exempt from taxation under article 26 of this title.

(b) The provisions of section 39-26-709 (1) shall govern the administration of this subsection (1), except to the extent that such section and this subsection (1) are inconsistent. For purposes of this section, in addition to the definition of "manufacturing" found in section 39-26-709 (1)(c)(III), "manufacturing" shall include refining, blasting, exploring, mining and mined land reclamation, quarrying for, processing and beneficiation, or otherwise extracting from the earth or from waste or stockpiles or from pits or banks any natural resource.

(2) Repealed.
C.R.S. § 39-30-105.1 — CO Code / Title 39 / Article 30 / Section 39-30-105.1
39-30-105.1. Credit for new enterprise zone business employees - definitions
Status: in_force

39-30-105.1. Credit for new enterprise zone business employees - definitions. (1) (a) (I) For any income tax year commencing on or after January 1, 2014, any taxpayer who operates a business facility in an enterprise zone is allowed a credit against the income tax imposed by article 22 of this title in an amount equal to one thousand one hundred dollars per income tax year for each business facility employee, pursuant to subsection (5) of this section, who is working within the zone, prorated according to the number of months the employee was employed by the taxpayer during the income tax year. An employee whose primary duties consist of operating a commercial motor vehicle with a commercial driver's license shall be deemed to be working one hundred percent within the zone if the employee spends no more than five percent of his or her total time at any business of the employer other than the business within the zone.

(II) For any income tax year commencing on or after January 1, 2014, any taxpayer who operates a business facility in an enhanced rural enterprise zone is allowed an additional credit against the income tax imposed by article 22 of this title in an amount equal to two thousand dollars per income tax year for each business facility employee who is working within the enhanced rural enterprise zone, prorated according to the number of months such employee was employed by the taxpayer during the income tax year.

(III) A business facility qualifying for the credit is allowed the credit for each subsequent tax year for each business facility employee over the number employed in any prior tax year. Any credit is allowed for a maximum of twelve consecutive months for each business facility employee employed by the taxpayer.

(b) In addition to the credit available under paragraph (a) of this subsection (1), for any income tax year commencing on or after January 1, 2014, a taxpayer qualified under said paragraph (a) is allowed for the first two full income tax years while located in an enterprise zone a credit in an amount equal to one thousand dollars for each business facility employee who is insured under a health insurance plan or program provided through his or her employer. To be eligible for the credit, the employer must contribute fifty percent or more of the total cost of a health insurance plan or program, and such plan or program must be in accordance with the provisions of article 8 of title 10 or part 1, 2, 3, or 4 of article 16 of title 10, C.R.S., or be a self-insurance program and include partial or complete coverage for hospital and physician services.

(2) For business facilities established in an enterprise zone or an enhanced rural enterprise zone, the number of business facility employees engaged or maintained in employment at the business facility for each taxable year for which the credit is claimed must equal or exceed one person.

(3) (a) For any income tax year commencing on or after January 1, 2014, any taxpayer who operates a business within an enterprise zone that adds value through manufacturing or processing to agricultural commodities is allowed in addition to the credit allowed under subsection (1) of this section, while located in the enterprise zone, a credit against the income tax imposed by article 22 of this title in an amount equal to five hundred dollars for each additional business facility employee in excess of the maximum number employed in any prior tax year.

(b) For any income tax year commencing on or after January 1, 2014, any taxpayer who operates a business within an enhanced rural enterprise zone that adds value through manufacturing or processing to agricultural commodities is allowed in addition to the credit allowed under paragraph (a) of this subsection (3) a credit against the income tax imposed by article 22 of this title in an amount equal to five hundred dollars for each additional business facility employee in excess of the maximum number employed in any prior tax year.

(4) (a) (I) Except as provided in sections 24-46-104.3, 24-46-107, and 24-46-108, for any income tax year commencing on or after January 1, 2014, if the total amount of the credits claimed by a taxpayer pursuant to subsections (1)(a)(I), (1)(b), and (3)(a) of this section exceeds the amount of income taxes due on the income of the taxpayer in the income tax year for which the credits are being claimed, the amount of the credits not used as an offset against income taxes in said income tax year or refunded under section 24-46-108 may be carried forward as a credit against subsequent years' tax liability for a period not exceeding five years and is applied first to the earliest income tax years possible. Any amount of the credit that is not used during said period is not refundable to the taxpayer.

(II) Except as provided in sections 24-46-104.3, 24-46-107, and 24-46-108 for any income tax year commencing on or after January 1, 2014, if the total amount of credits claimed by a taxpayer pursuant to subsections (1)(a)(II) and (3)(b) of this section exceeds the amount of income taxes due on the income of the taxpayer in the income tax year for which the credits are being claimed, the amount of credits not used as an offset against income taxes in said income tax year and not used to claim a refund under section 24-46-108 may be carried forward as a credit against subsequent years' tax liability for a period not exceeding seven years and is applied first to the earliest income tax years possible. Any amount of the credit that is not used during said period is not refundable to the taxpayer.

(b) For purposes of this section, a partnership, S corporation, limited liability company, or other entity electing not to be taxed as a corporation may pass through the credits earned under this section in any tax year to its participating partners, shareholders, or members, hereinafter referred to as the "investors" of the entity, in any percentage the entity chooses, up to the amount of the credit earned in the tax year. Credits earned but unclaimed in a tax year for which the entity elects to be taxed as a corporation may not be distributed to investors in a later tax year for which the entity elects not to be taxed as a corporation. In any tax year for which the entity elects not to be taxed as a corporation, all credits passed through to investors may be carried forward at the investor level for the carryover periods specified in this section.

(c) For purposes of this section, a taxpayer may only claim the business facility employee credit for employees for whom:

(I) The taxpayer withholds social security, medicare, and income taxes under the taxpayer's own federal and state taxpayer identification numbers; or

(II) The taxpayer is the work-site employer, as defined in section 8-70-114 (2)(a)(VII), C.R.S., and an employee leasing company, as defined in section 8-70-114 (2)(a)(V), C.R.S., as the employing unit for, or coemployer with, the taxpayer, and withholds social security, medicare, and income taxes under the employee leasing company's own federal and state taxpayer identification numbers.

(5) (a) The number of business facility employees during any taxable year is determined by dividing by twelve the sum of the number of business facility employees on the last business day of each month of such taxable year. If the business facility is in operation for less than the entire taxable year, the number of business facility employees is determined by dividing the sum of the number of business facility employees on the last business day of each full calendar month during the portion of the taxable year during which the business facility was in operation by the number of full calendar months during the period.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (5), for the purpose of determining the credit allowed by this section in the case of a facility that qualifies as a business facility but is a replacement business facility, the number of business facility employees employed in the operation of the facility is reduced by the average number, determined pursuant to paragraph (a) of this subsection (5), of individuals employed in the operation of the facility that the business facility replaces during the three taxable years preceding the taxable year in which commencement of commercial operations occurs at the business facility.

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

(a) "Building" means only structures within which individuals are customarily employed or that are customarily used to house machinery, equipment, or other property.

(b) "Business facility" means a facility that is operated by the taxpayer in the operation of a revenue-producing enterprise. A facility is not considered a business facility in the hands of the taxpayer if the taxpayer's only activity with respect to the facility is to lease it to another person. If the taxpayer operates only a portion of the facility in the operation of a revenue-producing enterprise and leases another portion of the facility to another person or does not otherwise use the other portions in the operation of a revenue-producing enterprise, the portion operated by the taxpayer in the operation of a revenue-producing enterprise is considered a business facility.

(c) "Business facility employee" means a person employed by the taxpayer in the operation of a business facility during the taxable year for which the credit allowed by this section is claimed. A person is deemed an employee if the person performs duties in connection with the operation of the business facility on:

(I) A regular, full-time basis;

(II) A part-time basis if the person is customarily performing his or her duties at least twenty hours per week throughout the taxable year; or

(III) A seasonal basis if the person performs his or her duties for substantially all of the season customary for the position in which the person is employed.

(d) "Commencement of commercial operations" means the first taxable year that the business facility is first available for use by the taxpayer, or first capable of being used by the taxpayer, in the revenue-producing enterprise in which the taxpayer intends to use the business facility.

(e) "Facility" means any factory, mill, plant, refinery, warehouse, feedlot, building, or complex of buildings located within the state, including the land on which the facility is located and all machinery, equipment, and other real and tangible personal property located at or within the facility and used in connection with the operation of the facility.

(f) "Revenue-producing enterprise" means an enterprise that engages in the following:

(I) The production, assembly, fabrication, manufacturing, or processing of any agricultural, mineral, or manufactured product;

(II) The storage, warehousing, distribution, or sale of any products of agriculture, mining, or manufacturing;

(III) The feeding of livestock at a feedlot;

(IV) The operation of laboratories or other facilities for scientific, agricultural, animal husbandry, or industrial research, development, or testing;

(V) The performance of services of any type;

(VI) The administrative management of any of the activities listed in subparagraphs (I) to (V) of this paragraph (f); or

(VII) Any combination of any of the activities referred to in subparagraphs (I) to (VI) of this paragraph (f).
C.R.S. § 39-27-113 — CO Code / Title 39 / Article 27 / Part 1 / Section 39-27-113
39-27-113. Tax lien - priority
Status: repealed

39-27-113. Tax lien - priority. (Repealed)
C.R.S. § 39-22-5302 — CO Code / Title 39 / Article 22 / Part 53 / Section 39-22-5302
39-22-5302. Voluntary contribution designation - procedure - effective date
Status: in_force

39-22-5302. Voluntary contribution designation - procedure - effective date. For the five consecutive income tax years immediately following the year in which the executive director files written certification with the revisor of statutes as specified in section 39-22-1001 (8) that a line on the income tax return form has become available and that the Feeding Colorado voluntary contribution fund is next in the queue established pursuant to section 39-22-1001 (8), the executive director shall ensure that the Colorado state individual income tax return form contains a line whereby each individual taxpayer may designate the amount of the contribution, if any, that the individual wishes to make to the Feeding Colorado fund created in section 39-22-5303.
C.R.S. § 39-22-628 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-628
39-22-628. Direct deposit of refund to collegeinvest savings accounts - modification of ind
Status: in_force

39-22-628. Direct deposit of refund to collegeinvest savings accounts - modification of individual income tax return forms - legislative declaration - definition. (1) In addition to the rationale for creation of the college savings program set forth in section 23-3.1-301, C.R.S., the general assembly hereby finds, determines, and declares that it is in the best interest of Colorado citizens to provide them the option of making direct deposits to collegeinvest savings accounts through the Colorado state individual income tax return form.

(2) (a) For Colorado state individual income tax return forms used for tax years beginning on and after January 1, 2013, each such form must allow an individual taxpayer who is owed a refund the option of making a direct deposit to a collegeinvest savings account.

(b) Each form must permit the direct deposit to only a single collegeinvest savings account.

(3) The department of revenue shall collaborate with the department of higher education to:

(a) Modify the state individual income tax return form to enable an individual taxpayer to make a direct deposit of his or her refund to a collegeinvest savings account; and

(b) Include, in the portion of the form allowing direct deposit to a collegeinvest savings account, information or a means to obtain information describing collegeinvest savings accounts and how to establish such an account.

(4) As used in this section, "colleginvest savings account" means an account established pursuant to part 3 of article 3.1 of title 23, C.R.S.
C.R.S. § 39-37-107 — CO Code / Title 39 / Article 37 / Part 1 / Section 39-37-107
39-37-107. Registration required
Status: in_force

39-37-107. Registration required. (1) (a) It is unlawful for any person to engage in the business of an ammunition vendor, a firearms dealer, or a firearms manufacturer in this state without first having registered as a vendor with the executive director. A registration application properly filed on a form prescribed by the executive director and accepted by the executive director is valid until December 31 of the next odd-numbered year following the date of registration, unless sooner cancelled or revoked. A person registering pursuant to this subsection (1) shall disclose the name of the vendor and the vendor's business location, including the street number of the vendor's business location, and any other facts the executive director may require.

(b) It is the duty of every vendor on or before January 1 of each even-numbered year to renew the vendor's registration if the vendor remains in retail business or liable to account for the tax levied pursuant to this article 37.

(c) If a vendor makes retail sales at two or more separate places of business in this state, a separate registration for each place of business is required.

(2) The executive director, after reasonable notice and a hearing, may revoke the registration of any person found by the executive director to have violated any provision of this article 37. Any finding and order of the executive director revoking the registration of any vendor is subject to review by the district court of the district where the business of the vendor is conducted, upon application of the vendor. The procedure for review must be, as nearly as possible, the same as provided for the review of findings as provided by proceedings in the nature of certiorari.

(3) (a) Any vendor who makes retail sales subject to the excise tax without registering commits a petty offense and shall be punished according to section 18-1.3-503.

(b) Any vendor who makes retail sales subject to the excise tax without registering may also be subject to a civil penalty of fifty dollars per day up to a maximum penalty of one thousand dollars. The executive director shall assess the penalty imposed by this subsection (3)(b) in the same manner as the taxes, penalties, and interest imposed by this article 37. The executive director may waive or reduce the penalty assessed pursuant to this subsection (3)(b) if the vendor's failure to register is due to reasonable cause and not willful neglect or intent to defraud.
C.R.S. § 39-8-101 — CO Code / Title 39 / Article 8 / Section 39-8-101
39-8-101. County board of equalization - quorum
Status: in_force

39-8-101. County board of equalization - quorum. The board of county commissioners of each county of the state, except the city and county of Denver and the city and county of Broomfield, shall comprise the board of equalization of such county. In the city and county of Denver, the board of equalization shall be comprised of such of its officers as may be provided by its charter. In the city and county of Broomfield, the board of equalization shall be the city council or a board or commission appointed by the city council. A majority of the board shall constitute a quorum, and no official action shall be taken at any meeting of the board unless a quorum is present.
C.R.S. § 39-21-103 — CO Code / Title 39 / Article 21 / Part 1 / Section 39-21-103
39-21-103. Hearings
Status: in_force

39-21-103. Hearings. (1) As soon as practicable after any tax return or the return showing the value of oil and gas is filed, the executive director shall examine it and shall determine the correct amount of tax. If the tax found due is greater than the amount theretofore assessed or paid, a notice of deficiency shall be mailed to the taxpayer by first-class mail as set forth in section 39-21-105.5.

(1.5) (a) (I) No later than December 15, 2021, collegeinvest shall provide the department with a secure electronic report containing the name and social security number, and the amount of the distribution, of each account holder of a colleginvest account who is also a Colorado taxpayer making a distribution in the reporting tax years commencing on or after January 1, 2017, but before January 1, 2021.

(II) The department shall examine a risk-based sample of the information provided by collegeinvest under subsection (1.5)(a)(I) of this section to substantiate that any distribution from a collegeinvest account was made for the reasons specified in section 39-22-104 (4)(i)(III), and shall determine the correct amount of tax for any taxpayer that made unqualified distributions. If the tax that is found due is greater than the amount assessed or paid, the department shall notify the taxpayer as set forth in subsection (1) of this section.

(b) For income tax years commencing on or after January 1, 2021, the executive director shall regularly examine a risk-based sample of the information provided by collegeinvest under section 39-22-104 (4)(i)(V) to substantiate that any distribution from a collegeinvest account was made for the reasons specified in section 39-22-104 (4)(i)(III), and shall determine the correct amount of tax for any taxpayer that made unqualified distributions. If the tax that is found due is greater than the amount assessed or paid, the department shall notify the taxpayer as set forth in subsection (1) of this section.

(c) The executive director shall provide a report of the examinations required under subsections (1.5)(a) and (1.5)(b) of this section, consistent with section 39-21-113 (5), as part of the department's presentation to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".

(2) The taxpayer may request a hearing on the proposed tax by application to the executive director within thirty days of the mailing of a notice of deficiency.

(3) The request for hearing shall set forth the taxpayer's reasons for and the amount of the requested changes in the deficiency.

(3.5) If the executive director determines that a request for a hearing related to the tax set forth in part 1 of article 22 of this title is a frivolous submission and rejects the request pursuant to section 39-21-104.5, the taxpayer shall not be entitled to a hearing before the executive director and the provisions of section 39-21-104.5 shall apply.

(4) The executive director of the department of revenue shall notify the taxpayer in writing of the time and place for such hearing thirty days prior thereto. The hearing must be held at a location designated by the executive director in either Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, or Jefferson county, or, at the election of the taxpayer, by video conference; except that, if the taxpayer resides or has their principal place of business in Colorado and the disputed deficiency is either two hundred dollars or less, or involves sales and use taxes regardless of the amount, then the hearing may be held, at the election of the taxpayer, in the district office of the department nearest to the place where the taxpayer resides or has their principal place of business in Colorado.

(4.5) If the taxpayer and the executive director agree that the disposition of the taxpayer's requested changes requires the resolution of a question of law arising under the United States or Colorado constitutions, the executive director shall memorialize the agreement and send the taxpayer a notice of the agreement by first-class mail as set forth in section 39-21-105.5. If a notice is sent pursuant to this subsection (4.5), a taxpayer may elect to waive a hearing pursuant to this section and appeal the notice of deficiency directly to the district court pursuant to section 39-21-105 within thirty days after the mailing of the notice.

(5) After a hearing under this section, the taxpayer shall not be entitled to a second hearing before the executive director of the department of revenue on the matters set forth in his previous request for hearing.

(6) (a) Except as provided in paragraph (b) of this subsection (6), the hearing shall be held before the executive director of the department of revenue.

(b) In cases where the disputed deficiency is more than two hundred dollars and involves an income tax, the hearing may be held before such qualified person within the department specifically authorized by the executive director to act on the executive director's behalf to hear such dispute. In cases where the disputed deficiency is two hundred dollars or less or involves a sales, use, or gift tax, the hearing may be held before such person within the department as the executive director shall designate.

(c) The executive director or the executive director's delegate is authorized to administer oaths and take testimony. At the hearing, the taxpayer may assert any facts, make any arguments, and file any briefs and affidavits the taxpayer believes pertinent to the case.

(7) In lieu of the request for hearing within the time provided by this section, the taxpayer may, at his election, file a written brief and such other written materials or documents as he deems appropriate and request that the executive director of the department of revenue reconsider the deficiency without a hearing. The executive director shall reconsider the deficiency in the same manner as if the written material submitted had been presented at a hearing pursuant to this section. The submission of written material shall be considered for all purposes the same as a request for and submission of the material at a hearing.

(8) (a) Based on the evidence presented at the hearing or filed in support of the taxpayer's contentions or after the expiration of thirty days from the mailing of the notice of deficiency, if no request for hearing or brief has been filed by the taxpayer, the executive director of the department of revenue shall make a final determination within the time specified in paragraph (b) of this subsection (8) and shall send the taxpayer a notice of final determination accompanied by notice and demand for payment by first-class mail as set forth in section 39-21-105.5.

(b) The executive director shall make a final determination within sixty days of the hearing. Such deadline may be extended:

(I) By up to an additional sixty days by mutual agreement between the executive director and the taxpayer; or

(II) By the executive director in the executive director's discretion if the final determination raises issues that require additional information or time to analyze in order to make the determination. The executive director may authorize successive extensions of a deadline to make a particular determination; however, no individual extension authorized pursuant to this subparagraph (II) shall exceed sixty days. Prior to authorizing each extension of a deadline pursuant to this subparagraph (II), the executive director shall mail a written notice of the extension and the specific reasons therefor to the taxpayer.

(c) The executive director may modify the tax, penalty, and interest questioned at the hearing and may approve a refund; except that no additional tax shall be assessed for less than one dollar. Unless an appeal is taken as provided in section 39-21-105, the tax, together with interest thereon and penalties, if any, shall be paid within thirty days after mailing of the notice and demand for payment by the executive director.
C.R.S. § 39-27-307 — CO Code / Title 39 / Article 27 / Part 3 / Section 39-27-307
39-27-307. Compliance
Status: in_force

39-27-307. Compliance. (1) The department may initiate and conduct investigations as may be reasonably necessary to establish the existence of any alleged violations of or noncompliance with this part 3 or any rules or regulations issued pursuant to section 39-27-310 (2).

(2) For the purpose of any investigation or proceeding under this part 3, the director or any officer designated by the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry.
C.R.S. § 39-26-104 — CO Code / Title 39 / Article 26 / Part 1 / Section 39-26-104
39-26-104. Property and services taxed - definitions
Status: repealed

39-26-104. Property and services taxed - definitions. (1) There is levied and there shall be collected and paid a tax in the amount stated in section 39-26-106 as follows:

(a) On the purchase price paid or charged upon all sales and purchases of tangible personal property at retail, including, but not limited to, the amount charged for mainframe computer access, photocopying, and packing and crating;

(b) (I) In the case of retail sales involving the exchange of property, on the purchase price paid or charged, including the fair market value of the property exchanged at the time and place of the exchange, excluding, however, from the consideration or purchase price, the fair market value of the exchanged property if:

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

(B) 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.

(II) The exchange of three or more vehicles of the same type by any person in any calendar year in transactions subject to the provisions of this article shall be prima facie evidence that such person is engaged in the business of selling vehicles of the type involved in such transactions and that he is thereby subject to any licensing requirements necessary to engage in such activity.

(c) (I) Upon telephone and telegraph services, whether furnished by public or private corporations or enterprises for all intrastate telephone and telegraph service. On or after August 1, 2002, mobile telecommunications service shall be subject to the tax imposed by this section only if the service is provided to a customer whose place of primary use is within Colorado and the service originates and terminates within the same state. In accordance with the "Mobile Telecommunications Sourcing Act", 4 U.S.C. secs. 116 to 126, as amended, on or after August 1, 2002, mobile telecommunications service provided to a customer whose place of primary use is outside the borders of the state of Colorado is exempt from the tax imposed by this section.

(II) (A) If a customer believes that a tax, charge, or fee assessed by the state in the customer's bill for a mobile telecommunications service is erroneous, or that an assignment of place of primary use or taxing jurisdiction on said bill is incorrect, the customer shall notify the home service provider in writing within two years after the date the bill was issued. The notification from the customer shall include the street address for the customer's place of primary use, the account name and number for which the customer seeks a correction, a description of the alleged error, and any other information that the home service provider may require.

(B) No later than sixty days after receipt of notice from a customer pursuant to sub-subparagraph (A) of this subparagraph (II), the home service provider shall review the information submitted by the customer and any other relevant information and documentation to determine whether an error was made. If the home service provider determines that an error was made, the home service provider shall refund or credit to the customer any tax, fee, or charge erroneously collected from the customer for a period not to exceed two years. If the home service provider determines that no error was made, the home service provider shall provide a written explanation of its determination to the customer.

(C) Any customer that believes a tax, charge, or fee assessed by the state in the customer's bill for mobile telecommunications services is erroneous, or that an assignment of place of primary use or taxing jurisdiction on said bill is incorrect, may file a claim in the appropriate district court only after complying with the provisions of this subparagraph (II).

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

(A) "Act" means the federal "Mobile Telecommunications Sourcing Act", 4 U.S.C. secs. 116 to 126, as amended.

(B) "Customer" means customer as defined in section 124 (2) of the act.

(C) "Home service provider" means home service provider as defined in section 124 (5) of the act.

(D) "Mobile telecommunications service" means mobile telecommunications service as defined in section 124 (7) of the act.

(E) "Place of primary use" means the place of primary use as defined in section 124 (8) of the act.

(F) "Taxing jurisdiction" means taxing jurisdiction as defined in section 124 (12) of the act.

(IV) For telephone and telegraph services provided on or after July 1, 2003, when nontaxable services are aggregated with and not separately stated from taxable services, the provider of such services shall collect the tax imposed by this article only on intrastate telephone and telegraph services. The provider of such services shall maintain for three years documentation of the services provided that are taxable and nontaxable. Such documentation is subject to audit, and the service provider shall be liable for any uncollected tax. A service provider shall notify the executive director of the department of revenue of the percentages of taxable and nontaxable services in a package of aggregated services within thirty days of use on any invoice.

(d) Repealed.

(d.1) Effective July 1, 1980, for gas and electric service, whether furnished by municipal, public, or private corporations or enterprises, for gas and electricity furnished and sold for commercial consumption and not for resale, upon steam when consumed or used by the purchaser and not resold in original form whether furnished or sold by municipal, public, or private corporations or enterprises;

(d.2) Repealed.

(e) Upon the amount paid for food or drink served or furnished in or by restaurants, cafes, lunch counters, cafeterias, hotels, social clubs, nightclubs, cabarets, resorts, snack bars, caterers, carryout shops, and other like places of business at which prepared food or drink is regularly sold, including sales from pushcarts, motor vehicles, and other mobile facilities. Cover charges shall be included as part of the amount paid for such food or drink. However, meals provided to employees of the places mentioned in this paragraph (e) at no charge or at a reduced charge shall be exempt from taxation under the provisions of this part 1.

(f) On the entire amount charged to any person for rooms or accommodations as designated in section 39-26-102 (11).

(2) Repealed.

(3) (a) Except as provided in subsections (3)(b) and (3)(c) of this section, for purposes of determining where a sale of tangible personal property, commodities, or services is made, the following rules apply:

(I) If tangible personal property, commodities, or services are received by the purchaser at a business location of the seller, the sale is sourced to that business location;

(II) If tangible personal property, commodities, or services are not received by the purchaser at a business location of the seller, the sale is sourced to the location where receipt by the purchaser occurs, including the location indicated by instructions for delivery to the purchaser, if that location is known to the seller;

(III) If subsections (3)(a)(I) and (3)(a)(II) of this section do not apply, the sale is sourced to the location indicated by an address for the purchaser that is available from the business records of the seller that are maintained in the ordinary course of the seller's business, when use of this address does not constitute bad faith;

(IV) If subsections (3)(a)(I), (3)(a)(II), and (3)(a)(III) of this section do not apply, the sale is sourced to the location indicated by an address for the purchaser obtained during the consummation of the sale, including, if no other address is available, the address of a purchaser's payment instrument, when use of this address does not constitute bad faith; or

(V) If subsections (3)(a)(I), (3)(a)(II), (3)(a)(III), and (3)(a)(IV) of this section do not apply, or if the seller is without sufficient information to apply the rules set forth in subsections (3)(a)(I), (3)(a)(II), (3)(a)(III), and (3)(a)(IV) of this section, the sale is sourced to the location indicated by the address from which the tangible personal property, commodity, or service was shipped.

(b) (I) The lease or rental of tangible personal property or commodities, but not property identified in subsection (3)(b)(II) or (3)(b)(III) of this section, not leases or rentals based on a lump sum or accelerated basis, and not on the acquisition of property for lease, are sourced as follows:

(A) For a lease or rental that requires recurring periodic payments, the first periodic payment is sourced the same as a retail sale in accordance with subsection (3)(a) of this section. Periodic payments made subsequent to the first payment are sourced to the primary property location for each period covered by the payment. The primary property location is as indicated by an address for the property provided by the lessee that is available to the lessor from its records maintained in the ordinary course of business, when use of this address does not constitute bad faith. The property location is not altered by intermittent use at different locations, such as use of business property that accompanies employees on business trips and service calls.

(B) For a lease or rental that does not require periodic payments, the payment is sourced the same as a retail sale in accordance with subsection (3)(a) of this section.

(II) The lease or rental of motor vehicles, trailers, semi-trailers, or aircraft that do not qualify as transportation equipment is sourced as follows:

(A) For a lease or rental that requires recurring periodic payments, each periodic payment is sourced to the primary property location. The primary property location is as indicated by an address for the property provided by the lessee that is available to the lessor from its records maintained in the ordinary course of business, when use of this address does not constitute bad faith. The location does not change by intermittent use at different locations.

(B) For a lease or rental that does not require recurring periodic payments, the payment is sourced the same as a retail sale in accordance with subsection (3)(a) of this section.

(III) The lease or rental of transportation equipment is sourced in the same manner as a retail sale in accordance with subsection (3)(a) of this section.

(c) Repealed.

(d) As used in this subsection (3), unless the context otherwise requires:

(I) "Purchaser" may include a donee who is designated as such by the purchaser.

(II) "Receipt" or "receive" means taking possession of tangible personal property or commodities or making first use of services, but does not include possession by a shipping company on behalf of the purchaser.

(III) "Transportation equipment" means:

(A) Locomotives and railcars that are utilized for the carriage of persons or property in interstate commerce;

(B) Trucks and truck-tractors with a gross vehicle weight rating of ten thousand one pounds or greater, trailers, semi-trailers, or passenger buses that are registered under the international registration plan and operated under authority of a carrier authorized and certificated by the United States department of transportation or another federal or foreign authority to engage in the carriage of persons or property in interstate or foreign commerce;

(C) Aircraft that are operated by air carriers authorized and certificated by the United States department of transportation or another federal or foreign authority to engage in the carriage of persons or property in interstate or foreign commerce; and

(D) Containers designed for use on and component parts attached or secured on the items set forth in subsections (3)(d)(III)(A) to (3)(d)(III)(C) of this section.
C.R.S. § 39-3-118.5 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-118.5
39-3-118.5. Business personal property - exemption - exemption authority for local governmen
Status: in_force

39-3-118.5. Business personal property - exemption - exemption authority for local governments. (1) For property tax years commencing on and after January 1, 1996, business personal property shall be exempt from the levy and collection of property tax until such business personal property is first used in the business after acquisition.

(2) For the property tax year commencing on January 1, 2021, any county, municipality, or special district may exempt from its levy and collection of property tax up to one hundred percent of any business personal property.