C.R.S. § 39-22-130 — CO Code / Title 39 / Article 22 / Part 1 / Section 39-22-130
39-22-130. Family affordability tax credit - tax preference performance statement - legisla
Status: repealed

39-22-130. Family affordability tax credit - tax preference performance statement - legislative declaration - definitions - repeal. (1) (a) The general assembly hereby finds and declares that:

(I) Colorado families struggle to afford many necessary goods and services, such as child care, housing, and health care. Eighty-three percent of Colorado parents worry that their children won't be able to afford to live in the state in the future.

(II) Targeted tax credits are a proven tool to lift families out of poverty. Research has shown that families that claim these types of tax credits, such as the state and federal child tax credit and the state and federal earned income tax credit, have better health, improved schooling outcomes, and increased adult earning potential. As the cost of raising children has increased, a family affordability tax credit is critical for the well-being of many children and families across Colorado.

(III) According to the Institute on Taxation and Economic Policy, "[t]o cut child poverty rates by half, the majority of states would require a base credit value of between three thousand dollars and four thousand five hundred dollars per child plus a twenty percent boost for young children." When coupled with the state and federal earned income tax credit and the state and federal child tax credit, the additional investment provided by the family affordability tax credit would establish Colorado as a national leader in equitable economic policy.

(IV) Colorado is dealing with rising costs and funding shortfalls in many areas across our state, and it is necessary to provide tax credits to the people who need it most in a way that will do the most good. Establishing the family affordability tax credit is a proven way to do that.

(V) By prioritizing the state's lowest-income families, expanding the child age eligibility, and including more families, the state can provide research-backed investments for families. Through thoughtful and strategic investment, Colorado can cut child poverty nearly in half.

(b) The general assembly declares its intent to periodically review the tax credit created in this section in an effort to prevent a significant increase or decrease, adjusted for inflation, in the total amount of the credit claimed by taxpayers year over year starting in income tax year 2025.

(c) 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 hereby finds and declares that the purposes of the tax expenditure created in subsection (3) of this section are to substantially reduce child poverty, make Colorado more affordable for families, and help families afford expenses associated with having children by providing tax relief for certain individuals.

(d) The general assembly and the state auditor, in consultation with the department of revenue, shall measure the effectiveness of the exemption allowed by this section by determining the number of Colorado families who, after claiming a credit or credits in this section, no longer fall below the federal poverty level in the tax year in which they claimed the credit or credits.

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

(a) "Eligible child" means a qualifying child, as defined in section 152 (c) of the "Internal Revenue Code of 1986"; except that the age requirements are as set forth in subsections (3)(a)(I), (3)(a)(II), (3)(b)(I), and (3)(b)(II) of this section.

(b) (I) "Estimated adjustment factor" means, for a given income tax year, the CAGR for nonexempt revenue that is calculated according to the following formula, as adjusted pursuant to subsection (2)(b)(IV) of this section:

[Insert PDF file 39-22-130 (2)(b)(I) here]

(II) As used in this subsection (2)(b):

(A) "Applicable forecast" means either the quarterly December revenue forecast prepared by legislative council staff or the quarterly December revenue forecast prepared by the office of state planning and budgeting in the December immediately preceding the applicable state fiscal year, as determined by which immediately preceding March forecast the joint budget committee of the general assembly used in the preparation of the state budget.

(B) "Applicable state fiscal year" means the fiscal year that begins in the income tax year for which the credit is allowed.

(C) "BV" means, on or before December 31, 2024, the estimate of the state's nonexempt revenue for state fiscal year 2024-25 included in the applicable forecast excluding the projected aggregate amount of the tax credit allowed pursuant to this section and the projected aggregate amount of the increased portion of the earned income tax credit allowed pursuant to section 39-22-123.5 (3.5), created in House Bill 24-1134, enacted in 2024, for the given income tax year, and after December 31, 2024, the amount of the state's nonexempt revenue for state fiscal year 2024-25 excluding the aggregate amount of the tax credit allowed pursuant to this section and the aggregate amount of the increased portion of the earned income tax credit allowed pursuant to section 39-22-123.5 (3.5), created in House Bill 24-1134, enacted in 2024, for the given income tax year.

(D) "CAGR" means the estimated compound annual growth rate.

(E) "EV" means the estimate of the state's nonexempt revenue for the applicable state fiscal year included in the applicable forecast excluding the projected aggregate amount of the tax credit allowed pursuant to this section and the projected aggregate amount of the increased portion of the earned income tax credit allowed pursuant to section 39-22-123.5 (3.5), created in House Bill 24-1134, enacted in 2024, for the given income tax year.

(F) "n" means, for the applicable state fiscal year, the number of state fiscal years that have passed since the 2024-25 state fiscal year.

(G) "Nonexempt revenue" means, for the applicable state fiscal year, the revenue that is identified as nonexempt TABOR revenues in the annual comprehensive financial report published by the office of the state controller.

(H) "TABOR" means section 20 of article X of the state constitution.

(III) The executive director shall calculate the estimated adjustment factor in accordance with this section.

(IV) The estimated adjustment factor must be increased by one-tenth of one percentage point if the Colorado unemployment rate, as calculated by the United States bureau of labor statistics, reaches five percent and must be increased by an additional one-tenth of one percentage point for every one percentage point increase in the Colorado unemployment rate above five percent.

(c) "Federal poverty level" means the poverty line that is required to be updated annually within the federal poverty guidelines adopted by the United States department of health and human services pursuant to 42 U.S.C. sec. 9902 (2).

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

(3) (a) In addition to the child tax credit allowed by section 39-22-129, for income tax years commencing on or after January 1, 2024, but before January 1, 2034, a resident individual who files a single return is allowed a family affordability tax credit against the income taxes due under this article 22 for:

(I) Each eligible child of the resident individual who is five years of age or younger at the close of the income tax year in the amount of three thousand two hundred dollars, adjusted for inflation and as modified by subsections (4), (5), and (6) of this section; and

(II) Each eligible child of the resident individual who is six years of age or older but less than seventeen years of age at the close of the income tax year in an amount that is seventy-five percent of the amount allowed in subsection (3)(a)(I) of this section, as modified by subsections (4), (5), and (6) of this section.

(b) In addition to the child tax credit allowed by section 39-22-129, for income tax years commencing on or after January 1, 2024, but before January 1, 2034, two resident individuals who file a joint return are allowed a family affordability tax credit against the income taxes due under this article 22 for:

(I) Each eligible child of the resident individuals who is five years of age or younger at the close of the income tax year in the amount of three thousand two hundred dollars, adjusted for inflation and as modified by subsections (4), (5), and (6) of this section; and

(II) Each eligible child of the resident individuals who is six years of age or older but less than seventeen years of age at the close of the income tax year in an amount that is seventy-five percent of the amount allowed in subsection (3)(b)(I) of this section, as modified by subsections (4), (5), and (6) of this section.

(4) For income tax years commencing on or after January 1, 2024, but before January 1, 2025, the credit amounts in:

(a) Subsection (3)(a)(I) of this section are reduced, but not below zero, by an amount equal to six and eight hundred seventy-five one-thousandths percent for each five thousand dollars by which a resident individual's adjusted gross income exceeds fifteen thousand dollars; and

(b) Subsection (3)(b)(I) of this section are reduced, but not below zero, by an amount equal to six and eight hundred seventy-five one-thousandths percent for each five thousand dollars by which two resident individuals' adjusted gross income exceeds twenty-five thousand dollars.

(5) For income tax years commencing on or after January 1, 2025, but before January 1, 2026, if the estimated adjustment factor is:

(a) Greater than or equal to two percent:

(I) The full credit amount set forth in subsection (3)(a)(I) of this section is allowed for a resident individual who files a single return with an adjusted gross income of fifteen thousand dollars or less, and the full credit amount set forth in subsection (3)(b)(I) of this section is allowed for two resident individuals who file a joint return with an adjusted gross income of twenty-five thousand dollars or less;

(II) The credit amount in subsection (3)(a)(I) of this section is reduced, but not below zero, by an amount equal to six and eight hundred seventy-five one-thousandths percent for each five thousand dollars by which a resident individual's adjusted gross income exceeds fifteen thousand dollars; and

(III) The credit amount in subsection (3)(b)(I) of this section is reduced, but not below zero, by an amount equal to six and eight hundred seventy-five one-thousandths percent for each five thousand dollars by which two resident individuals' adjusted gross income exceeds twenty-five thousand dollars; or

(b) Less than two percent, no credit is allowed pursuant to this section.

(6) For income tax years commencing on or after January 1, 2026, but before January 1, 2034, if the estimated adjustment factor for the income tax year is:

(a) Greater than or equal to three and seventy-five one-hundredths percent:

(I) The full credit amount set forth in subsection (3)(a)(I) of this section is allowed for a resident individual who files a single return with an adjusted gross income of fifteen thousand dollars or less, and the full credit amount set forth in subsection (3)(b)(I) of this section is allowed for two resident individuals who file a joint return with an adjusted gross income of twenty-five thousand dollars or less;

(II) The credit amount in subsection (3)(a)(I) of this section is reduced, but not below zero, by an amount equal to six and eight hundred seventy-five one-thousandths percent for each five thousand dollars by which a resident individual's adjusted gross income exceeds fifteen thousand dollars; and

(III) The credit amount in subsection (3)(b)(I) of this section is reduced, but not below zero, by an amount equal to six and eight hundred seventy-five one-thousandths percent for each five thousand dollars by which two resident individuals' adjusted gross income exceeds twenty-five thousand dollars;

(b) Greater than or equal to three and fifty-six one-hundredths percent, but less than three and seventy-five one-hundredths percent, then:

(I) The full credit amount set forth in subsection (3)(a)(I) of this section is allowed for a resident individual who files a single return with an adjusted gross income of fifteen thousand dollars or less, and the full credit amount set forth in subsection (3)(b)(I) of this section is allowed for two resident individuals who file a joint return with an adjusted gross income of twenty-five thousand dollars or less;

(II) The credit amount in subsection (3)(a)(I) of this section is reduced, but not below zero, by an amount equal to nine and six one-hundredths percent for each five thousand dollars by which a resident individual's adjusted gross income exceeds fifteen thousand dollars; and

(III) The credit amount in subsection (3)(b)(I) of this section is reduced, but not below zero, by an amount equal to nine and six one-hundredths percent for each five thousand dollars by which two resident individuals' adjusted gross income exceeds twenty-five thousand dollars;

(c) Greater than or equal to three and thirty-seven one-hundredths percent, but less than three and fifty-six one-hundredths percent, then:

(I) The full credit amount set forth in subsection (3)(a)(I) of this section is allowed for a resident individual who files a single return with an adjusted gross income of fifteen thousand dollars or less, and the full credit amount set forth in subsection (3)(b)(I) of this section is allowed for two resident individuals who file a joint return with an adjusted gross income of twenty-five thousand dollars or less;

(II) The credit amount in subsection (3)(a)(I) of this section is reduced, but not below zero, by an amount equal to thirteen and fifty-nine one-hundredths percent for each five thousand dollars by which a resident individual's adjusted gross income exceeds fifteen thousand dollars; and

(III) The credit amount in subsection (3)(b)(I) of this section is reduced, but not below zero, by an amount equal to thirteen and fifty-nine one-hundredths percent for each five thousand dollars by which two resident individuals' adjusted gross income exceeds twenty-five thousand dollars;

(d) Greater than or equal to three and eighteen one-hundredths percent, but less than three and thirty-seven one-hundredths percent, then:

(I) The credit amount set forth in subsection (3)(a)(I) of this section is reduced to two thousand six hundred dollars, adjusted for inflation, for a resident individual who files a single return with an adjusted gross income of fifteen thousand dollars or less, and the credit amount set forth in subsection (3)(b)(I) of this section is reduced to two thousand six hundred dollars, adjusted for inflation, for two resident individuals who file a joint return with an adjusted gross income of twenty-five thousand dollars or less;

(II) The credit amount in subsection (3)(a)(I) of this section, as modified by subsection (6)(d)(I) of this section, is reduced, but not below zero, by an amount equal to nineteen and twenty-three one-hundredths percent for each five thousand dollars by which a resident individual's adjusted gross income exceeds fifteen thousand dollars; and

(III) The credit amount in subsection (3)(b)(I) of this section, as modified by subsection (6)(d)(I) of this section, will be reduced, but not below zero, by an amount equal to nineteen and twenty-three one-hundredths percent for each five thousand dollars by which two resident individuals' adjusted gross income exceeds twenty-five thousand dollars;

(e) Greater than or equal to three percent, but less than three and eighteen one-hundredths percent, then:

(I) The credit amount set forth in subsection (3)(a)(I) of this section is reduced to one thousand six hundred fifty dollars, adjusted for inflation, for a resident individual who files a single return with an adjusted gross income of fifteen thousand dollars or less, and the credit amount set forth in subsection (3)(b)(I) of this section is reduced to one thousand six hundred fifty dollars, adjusted for inflation, for two resident individuals who file a joint return with an adjusted gross income of twenty-five thousand dollars or less;

(II) The credit amount in subsection (3)(a)(I) of this section, as modified by subsection (6)(e)(I) of this section, is reduced, but not below zero, by an amount equal to thirty and thirty one-hundredths percent for each five thousand dollars by which a resident individual's adjusted gross income exceeds fifteen thousand dollars; and

(III) The credit amount in subsection (3)(b)(I) of this section, as modified by subsection (6)(e)(I) of this section, is reduced, but not below zero, by an amount equal to thirty and thirty one-hundredths percent for each five thousand dollars by which two resident individuals' adjusted gross income exceeds twenty-five thousand dollars; or

(f) Less than three percent, no credit is allowed pursuant to this section.

(7) For income tax years commencing on or after January 1, 2025, the department of revenue shall adjust the federal adjusted gross income amounts set forth in this section to reflect inflation for each income tax year in which the credit described in this section is allowed if cumulative inflation since the last adjustment, when applied to the current limits, results in an increase of at least one thousand dollars when the adjusted limits are rounded to the nearest one thousand dollars.

(8) In the case of a part-year resident, the credit allowed under this section is apportioned in the ratio determined under section 39-22-110 (1).

(9) The credit allowed under this section is not considered to be income or resources for the purpose of determining eligibility for the payment of public assistance benefits and medical assistance benefits authorized under state law or for a payment made under any other publicly funded programs.

(10) The amount of the credit allowed under this section that exceeds the resident individual's income taxes due is refunded to the individual.

(11) The department of revenue is authorized and encouraged to develop a means of refunding the credits allowed by this section to resident individuals who qualify for the credits in twelve equal monthly refunds rather than annually.

(12) This section is repealed, effective December 31, 2037.
C.R.S. § 39-22-627 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-627
39-22-627. Temporary adjustment of rate of income tax - refund of excess state revenues - a
Status: repealed

39-22-627. Temporary adjustment of rate of income tax - refund of excess state revenues - authority of executive director - definitions - repeal. (1) (a) (I) Subject to the provisions of this section, if, for any state fiscal year commencing on or after July 1, 2024, but before July 1, 2034, the amount of state revenues in excess of the limitation on state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution that are required to be refunded for such state fiscal year exceeds the amount specified in subsection (1)(b) of this section, the executive director shall temporarily reduce the state income tax rate for the income tax year commencing during the calendar year in which the state fiscal year ended from its current percentage of the federal taxable income of every individual, estate, trust, and corporation, as specified in sections 39-22-104 (1.7) and 39-22-301 (1)(d)(I), as a method to refund excess state revenues that are required to be refunded pursuant to section 20 (7)(d) of article X of the state constitution. Except as otherwise provided in subsection (1)(b)(II) of this section, the state income tax rate for the income tax year commencing during the calendar year in which the state fiscal year ended is reduced, depending on the total amount of excess state revenues required to be refunded for a specified state fiscal year pursuant to section 20 (7)(d) of article X of the state constitution as determined by the annual certification of excess state revenues required by section 24-77-106.5 that exceed the amount of excess state revenues less the amount of reimbursement for property tax exemptions, by an applicable amount specified in subsection (1)(a)(II) of this section, subject to the annual adjustments required by subsection (1)(a)(III) of this section.

(II) (A) If the amount of such excess state revenues is greater than three hundred million dollars but less than or equal to five hundred million dollars, the income tax rate is reduced by four one-hundredths of one percent;

(B) If the amount of such excess state revenues is greater than five hundred million dollars but less than or equal to six hundred million dollars, the income tax rate is reduced by seven one-hundredths of one percent;

(C) If the amount of such excess state revenues is greater than six hundred million dollars but less than or equal to seven hundred million dollars, the income tax rate is reduced by nine one-hundredths of one percent;

(D) If the amount of such excess state revenues is greater than seven hundred million dollars but less than or equal to eight hundred million dollars, the income tax rate is reduced by eleven one-hundredths of one percent;

(E) If the amount of such excess state revenues is greater than eight hundred million dollars but less than or equal to one billion dollars, the income tax rate is reduced by twelve one-hundredths of one percent;

(F) If the amount of such excess state revenues is greater than one billion dollars but less than or equal to one billion five hundred million dollars, the income tax rate is reduced by thirteen one-hundredths of one percent; and

(G) If the amount of such excess state revenues is greater than one billion five hundred million dollars, the income tax rate is reduced by fifteen one-hundredths of one percent.

(III) For each state fiscal year commencing on or after July 1, 2025, the executive director shall annually adjust the excess state revenue amounts specified in subsection (1)(a)(II) of this section by a percentage equal to the percentage of allowable increase in state fiscal year spending calculated pursuant to section 24-77-103 (2)(a)(I) for the state fiscal year for which the excess state revenue must be refunded.

(b) (I) The provisions of subsection (1)(a) of this section take effect only if the amount of excess state revenues required to be refunded for the specified state fiscal year, as outlined in subsection (1)(a)(II) of this section, exceeds the total of the amount of reimbursement for property tax exemptions plus the estimated amount by which state revenues would be decreased as the result of the applicable reduction in the state income tax rate.

(II) For any state fiscal year commencing on or after July 1, 2025, if the permanent state income tax rate then in effect is four and twenty-five one-hundredths percent or less of the federal taxable income of every individual, estate, trust, and corporation, any otherwise applicable temporary income tax rate reduction outlined in subsection (1)(a) of this section does not take effect; except that, if the amount of excess state revenues required to be refunded for the state fiscal year is equal to or greater than two billion dollars, the executive director shall temporarily reduce the state income tax rate to the extent necessary to refund all excess state revenues that would not otherwise be refunded by another method established by law other than the methods set forth in sections 39-22-2002 and 39-22-2003.

(c) For the income tax year beginning on January 1, 2024, the executive director shall temporarily reduce the state income tax rate from four and forty one-hundredths percent of the federal taxable income of every individual, estate, trust, and corporation, as specified in sections 39-22-104 (1.7) and 39-22-301 (1)(d)(I), to four and twenty-five one-hundredths percent of the federal taxable income of every individual, estate, trust, and corporation, as a method to refund excess state revenues that are required to be refunded pursuant to section 20 (7)(d) of article X of the state constitution for state fiscal year 2023-24.

(2) Except as otherwise provided in subsection (3) of this section, no later than October 1, 2024, and no later than each October 1 thereafter of any calendar year during which it is certified in accordance with the provisions of section 24-77-106.5 that state revenues exceed the limitation on state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution for the state fiscal year ending in that calendar year and exceed any amount that the voters statewide have authorized the state to retain and spend for the state fiscal year ending in that calendar year, the executive director shall estimate the amount by which state revenues would be decreased as the result of the applicable percentage reduction listed in subsection (1)(a)(II), (1)(b)(II), or (1)(c) of this section in the state income tax rate for the income tax year commencing during the calendar year in which the state fiscal year ended.

(3) If one or more ballot questions are submitted to the voters at a statewide election to be held in November of any given calendar year that seek authorization for the state to retain and spend all or any portion of the amount of excess state revenues for the state fiscal year ending during said calendar year, the executive director shall not reduce the state income tax rate until the results of said election are known so that the state income tax rate may be reduced only if, after the results of said election, the amount of excess state revenues required to be refunded for the state fiscal year exceeds the total of the amount of reimbursement for property tax exemptions plus the estimated amount by which state revenues would be decreased as a result of the applicable reduction in the state income tax rate pursuant to this section.

(4) In estimating the amount by which state revenues would be decreased as the result of a reduction in the state income tax rate in accordance with the provisions of this section, the executive director shall utilize the most recent data available from the staff of the legislative council regarding the estimate of state revenues generated by the state income tax for the applicable income tax year.

(5) (a) Upon estimating the amount by which state revenues would be decreased as the result of a reduction in the state income tax rate for any income tax year in accordance with the provisions of this section, the executive director shall notify in writing the executive committee of the legislative council created pursuant to section 2-3-301 (1), C.R.S., of any amount so estimated and the basis for such estimate. Such written notification shall be given within five working days after such estimate is completed, but such written notification shall be given no later than October 1 of the calendar year.

(b) It is the function of the executive committee of the legislative council to review and approve or disapprove such estimated amount within twenty days of receipt of such written notification from the executive director. Any estimate of the amount by which state revenues would be decreased as the result of a reduction in the state income tax rate as estimated pursuant to the provisions of this section that is not approved or disapproved by the executive committee within said twenty days shall be automatically approved; except that, if within said twenty days the executive committee schedules a hearing on such estimated amount by which state revenues would be decreased as the result of a reduction in the state income tax rate reduction, such automatic approval shall not occur unless the executive committee does not approve or disapprove such estimated amount after the conclusion of such hearing. Any hearing conducted by the executive committee pursuant to the provisions of this paragraph (b) shall be held no later than twenty-five days after receipt of such written notification from the executive director.

(c) (I) If the executive committee of the legislative council disapproves the estimated amount by which state revenues would be decreased as the result of a reduction in the state income tax rate as estimated by the executive director, the executive committee shall specify the estimated amount by which state revenues would be decreased as the result of a reduction in the state income tax rate so that the executive director can determine whether to implement the reduced state income tax rate. Any estimated amount by which state revenues would be decreased as the result of a reduction in the state income tax rate as specified by the executive committee pursuant to this subparagraph (I) shall be estimated in accordance with the provisions of this section.

(II) The executive director shall not adjust the state income tax rate until the estimated amount by which state revenues would be decreased as the result of a reduction in the state income tax rate estimate has been approved pursuant to the provisions of paragraph (b) of this subsection (5).

(d) Repealed.

(6) If, based on the financial report prepared by the controller in accordance with section 24-77-106.5, the controller certifies that the amount of the state revenues for any state fiscal year commencing on or after July 1, 2017, exceeds the limitation on state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution for that state fiscal year and exceeds the amount of excess state revenues that the voters statewide have authorized the state to retain and spend for that state fiscal year by less than the total of the amount of reimbursement for property tax exemptions plus the estimated amount by which state revenues would be decreased as the result of the applicable reduction in the state income tax rate as calculated by the executive director pursuant to subsection (2) of this section, then the reduction in the state income tax rate allowed pursuant to subsection (1) of this section is not allowed for the income tax year commencing during the calendar year in which the state fiscal year ended.

(7) Repealed.

(8) The general assembly finds and declares that a temporary state income tax rate reduction is a reasonable method of refunding a portion of the excess state revenues required to be refunded in accordance with section 20 (7)(d) of article X of the state constitution.

(9) Repealed.

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

(a) "Excess state revenues" means the total amount of the state revenues for the state fiscal year in excess of the limitation on state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution that voters statewide have not authorized the state to retain and spend and that the state is required to refund under section 20 (7)(d) of article X of the state constitution, including any adjustment for amounts specified in section 24-77-103.7 or 24-77-103.8.

(b) "Reimbursement for property tax exemptions" means the amount of reimbursement for property tax revenues lost as a result of both the property tax exemptions allowed by part 2 of article 3 of this title 39 and the reduced valuation for assessment of qualified-senior primary residence real property pursuant to sections 39-1-104.2 and 39-1-104.6 that is paid by the state treasurer to each county treasurer as required by section 39-3-207 (4) or 39-1-104.6 (9)(c) for the property tax year that commenced during the specified state fiscal year.

(11) This section is repealed, effective July 1, 2035.
C.R.S. § 39-10-110.5 — CO Code / Title 39 / Article 10 / Section 39-10-110.5
39-10-110.5. Partial payment of delinquent personal property taxes
Status: in_force

39-10-110.5. Partial payment of delinquent personal property taxes. (1) Notwithstanding any other provision of law to the contrary, the treasurer may accept partial payments for delinquent personal property taxes so long as the owner of the personal property has entered into a written payment plan with the treasurer. The payment plan shall specify the total amount due, including the amount of tax levied and any applicable interest, penalties, or fees; the amount of each payment; and payment due dates. The total amount due under a payment plan shall be paid in full no later than twenty-four months from the date the owner of the personal property enters into a written payment plan with the treasurer.

(2) The treasurer shall keep a copy of the payment plan until the owner of the personal property has paid the total amount identified in the payment plan. Once the owner of the personal property has paid the total amount due, the treasurer shall mark the plan "paid in full".

(3) The treasurer may terminate the payment plan if the owner of the personal property fails to abide by the terms and conditions of the plan.
C.R.S. § 39-22-119.5 — CO Code / Title 39 / Article 22 / Part 1 / Section 39-22-119.5
39-22-119.5. Child care expenses tax credit - legislative declaration - definitions - repeal
Status: repealed

39-22-119.5. Child care expenses tax credit - legislative declaration - definitions - repeal. (1) (a) The general assembly hereby finds and declares that:

(I) Colorado families and the state economy thrive when parents are able to work;

(II) While research shows that high-quality child care contributes to economic mobility, child care can be cost prohibitive for low-income working parents;

(III) The general assembly created the child care expenses tax credit in section 39-22-119 in 1996 to make child care more affordable for working families;

(IV) The credit in section 39-22-119 is currently based on the amount claimed for a similar federal credit;

(V) As a result, some low-income families are not receiving the state child care expenses tax credit because they fail to file a federal return or, based on their income taxes owed, are ineligible for a federal credit; and

(VI) As a result, the state tax credit is unintentionally unfair and regressive.

(b) Now, therefore, the general assembly declares that the intended purpose for creating and extending the term of the tax credit in this section is to fix the Colorado child care expenses income tax credit so that all low-income working families are able to claim the credit regardless of the amount of their federal child care expenses credit.

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

(a) "Credit" means the child care expenses tax credit created in this section.

(b) "Dependent" has the same meaning as in section 152 (a)(1) of the internal revenue code, or any successor section.

(3) (a) For income tax years beginning on and after January 1, 2014, but before January 1, 2017, and for income tax years beginning on and after January 1, 2018, but before January 1, 2026, a resident individual is allowed a credit against the taxes due under this article 22 for child care expenses that the individual incurred during the taxable year if:

(I) The individual has an adjusted gross income of twenty-five thousand dollars or less;

(II) The individual has insufficient tax liability to claim any credit under section 39-22-119;

(III) The expenses are for the care of a dependent of the taxpayer who is less than thirteen years old; and

(IV) The individual would be allowed a credit for the expenses under section 21 of the internal revenue code, or any successor section, if he or she had sufficient tax liability to claim the credit.

(a.5) Repealed.

(b) The credit is equal to twenty-five percent of the resident individual's child care expenses; except that the maximum amount of a credit that a resident individual is allowed under this section is:

(I) Five hundred dollars for a single dependent; or

(II) One thousand dollars for two or more dependents.

(c) The amount of the credit that exceeds the resident individual's income taxes due is refunded to the individual.

(4) The amount of an individual's child care expenses incurred during a taxable year that may be the basis of the credit shall not exceed:

(a) In the case of an individual who files a single return, the individual's earned income for the year; or

(b) In the case of two individuals who file a joint return, the lesser of either individual's earned income for the year.

(5) (a) Except as set forth in paragraph (b) of this subsection (5), a resident individual is not allowed a credit for any amount paid to any person who provides child care unless:

(I) The name, address, and taxpayer identification number of the person are included on the resident individual's return; or

(II) If the person is an organization described in section 501 (c)(3) of the internal revenue code, or any successor section, and exempt from tax under section 501 (a) of the internal revenue code, or any successor section, the name and address of the person are included on the resident individual's return.

(b) If the resident individual does not provide the taxpayer identification number but is able to show that he or she exercised due diligence in attempting to provide the required information, the individual may claim the credit.

(c) A resident individual may not claim a credit with respect to a dependent unless the resident individual includes the dependent's name and taxpayer identification number on the individual's return.

(6) In the case of a part-year resident, the credit is apportioned in the ratio determined under section 39-22-110 (1).

(7) Repealed.

(8) This section is repealed, effective December 31, 2030.
C.R.S. § 39-22-508.7 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-508.7
39-22-508.7. Effective date - termination date
Status: repealed

39-22-508.7. Effective date - termination date. (Repealed)
C.R.S. § 39-29-104 — CO Code / Title 39 / Article 29 / Section 39-29-104
39-29-104. Tax on severance of molybdenum ore
Status: in_force

39-29-104. Tax on severance of molybdenum ore. (1) In addition to any other tax, there shall be levied, collected, and paid for each calendar quarter a tax upon the severance of all molybdenum ore in this state. Such tax shall be levied against every person engaged in the severance of molybdenum ore. The rate of the tax for each calendar quarter shall be five cents per ton of molybdenum ore. On and after July 1, 1999, no tax provided for in this section shall be imposed on the first six hundred twenty-five thousand tons of molybdenum ore produced each quarter of the taxable year.

(2) Such actual severance shall be reported on quarterly declaration forms prescribed by the executive director. Such forms shall be filed with and the tax owed shall be paid to the department of revenue on or before the fifteenth day following the end of each such quarter.
C.R.S. § 39-22-5502 — CO Code / Title 39 / Article 22 / Part 55 / Section 39-22-5502
39-22-5502. Definitions
Status: in_force

39-22-5502. Definitions. As used in this part 55, unless the context otherwise requires:

(1) "Allocation certificate" means a statement issued by the authority certifying that a given development qualifies for the credit and specifying the amount of the credit allowed.

(2) "Allocation plan" means an allocation plan adopted by the authority that governs the selection criteria and preferences for allocating the tax credit allowed pursuant to this part 55.

(3) "Authority" means the Colorado housing and finance authority created pursuant to section 29-4-704.

(4) "Certified transit-oriented community" means:

(a) In calendar years 2025, 2026, and 2027, a transit-oriented community as defined in section 29-35-202 (13); and

(b) In calendar year 2028 and each subsequent calendar year, a transit-oriented community, as defined in section 29-35-202 (13), that has both submitted the housing opportunity goal report described in section 29-35-204 (10) to the division and had the division confirm that the transit-oriented community has met its housing opportunity goal.

(5) "Compliance period" means the period of fifteen years beginning with the first taxable year of a credit period.

(6) "Credit" means the Colorado transit-oriented community housing income tax credit allowed pursuant to this part 55.

(7) "Credit period" means the period of five income tax years beginning with the income tax year in which a qualified development is placed in service. If a qualified development is comprised of more than one building, the development is deemed to be placed in service in the income tax year during which the last building of the qualified development is placed in service.

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

(9) "Division" means the division of local government of the department of local affairs created in section 24-32-103.

(10) "Federal tax credit" means the federal low-income housing tax credit provided by section 42 of the internal revenue code.

(11) "Metropolitan planning organization" has the same meaning as set forth in section 29-35-103 (12).

(12) "Neighborhood center" has the same meaning as set forth in section 29-35-202 (5).

(13) "Qualified basis" means the qualified basis of the development as determined pursuant to section 42 of the internal revenue code.

(14) "Qualified development" means a "qualified low-income housing project", as that term is defined in section 42 of the internal revenue code, that is:

(a) Located in Colorado;

(b) Determined by the authority to be eligible for a federal tax credit whether or not a federal tax credit is allocated with respect to said development; and

(c) Located in a transit-oriented center within a certified transit-oriented community or in a neighborhood center within a metropolitan planning organization.

(15) "Qualified taxpayer" means an individual, a person, a firm, a corporation, or an other entity that owns an interest, direct or indirect, in a qualified development and is subject to the taxes imposed by this article 22.

(16) "Transit center" has the same meaning as set forth in section 29-35-202 (11).
C.R.S. § 39-26-210 — CO Code / Title 39 / Article 26 / Part 2 / Section 39-26-210
39-26-210. Limitations
Status: in_force

39-26-210. Limitations. [Editor's note: This version of this section is effective until July 1, 2025.] The taxes for any period, together with the interest thereon and penalties with respect thereto, imposed by this part 2 shall not be assessed, nor shall any notice of lien be filed, or distraint warrant issued, or suit for collection be instituted, nor any other action to collect the same be commenced, more than three years after the date on which the tax was or is payable, except as set forth in section 29-2-106.1 (5)(b); nor shall any lien continue after such period, except for taxes assessed before the expiration of such period, notice of lien with respect to which has been filed prior to the expiration of such period, in which cases such lien shall continue only for one year after the filing of notice thereof. In the case of a false or fraudulent return with intent to evade tax, the tax, together with interest and penalties thereon, may be assessed, or proceedings for the collection of such taxes may be begun at any time. Before the expiration of such period of limitation, the taxpayer and the executive director of the department of revenue may agree in writing to an extension thereof, and the period so agreed on may be extended by subsequent agreements in writing.39-26-210. Limitations. [Editor's note: This version of this section is effective July 1, 2025.] The taxes for any period, together with the interest thereon and penalties with respect thereto, imposed by this part 2 shall not be assessed, nor shall any notice of lien be filed, or distraint warrant issued, or suit for collection be instituted, nor any other action to collect the same be commenced, more than three years after the date on which the tax was or is payable, except as set forth in sections 29-2-208 (2)(a)(III) and 29-2-302 (5)(b), nor shall any lien continue after such period, except for taxes assessed before the expiration of such period, notice of lien with respect to which has been filed prior to the expiration of such period, in which cases such lien shall continue only for one year after the filing of notice thereof. In the case of a false or fraudulent return with intent to evade tax, the tax, together with interest and penalties thereon, may be assessed, or proceedings for the collection of such taxes may be begun at any time. Before the expiration of such period of limitation, the taxpayer and the executive director of the department of revenue may agree in writing to an extension thereof, and the period so agreed on may be extended by subsequent agreements in writing.
C.R.S. § 39-21-118 — CO Code / Title 39 / Article 21 / Part 1 / Section 39-21-118
39-21-118. Criminal penalties - repeal
Status: repealed

39-21-118. Criminal penalties - repeal. (1) A person who willfully attempts in any manner to evade or defeat a tax administered by the department or the payment thereof, in addition to other penalties provided by law, is guilty of a class 6 felony and, upon conviction thereof, shall be punished as provided in section 18-1.3-401 or shall be punished by a fine of not more than one hundred thousand dollars, or five hundred thousand dollars in the case of a corporation, or by both such fine and imprisonment, together with the costs of prosecution.

(2) (a) Any person required, or any person who purports to be required, under any title administered by the department to collect, account for, or pay over any tax, who willfully fails to collect or truthfully account for or pay over such tax, including, but not limited to, willfully making a materially false statement in connection with an application for a refund of any tax for the purpose of falsely obtaining a refund of such tax, in addition to other penalties provided by law, is guilty of a class 5 felony and, upon conviction thereof, shall be punished as provided in section 18-1.3-401, or shall be punished by a fine of not more than one hundred thousand dollars, or five hundred thousand dollars in the case of a corporation, or by both such fine and imprisonment, together with the costs of prosecution.

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

(II) This subsection (2)(b) is repealed, effective December 31, 2026.

(2.5) Any person who through gross negligence or recklessness makes a materially false statement in applying for a refund pursuant to section 39-26-703 or any other person who makes a false statement in connection with an application for a refund is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.

(3) Any person required under any title administered by the department to pay any tax or estimated tax, or required under such title or by regulations made under authority thereof to make a return, keep any records, or supply any information, who willfully fails to pay such tax or estimated tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, in addition to other penalties provided by law, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than fifty thousand dollars, or one hundred thousand dollars in the case of a corporation, or imprisoned not more than one year, or both, together with the costs of prosecution.

(4) Any person who willfully makes and subscribes any return, statement, or other document, which contains or is verified by a written declaration that it is made under the penalties of perjury, and which he or she does not believe to be true and correct as to every material matter, is guilty of a class 5 felony and, upon conviction thereof, shall be punished as provided in section 18-1.3-401, C.R.S., or shall be punished by a fine of not more than one hundred thousand dollars, or five hundred thousand dollars in the case of a corporation, or by both such fine and imprisonment, together with the costs of prosecution.

(5) Any person who willfully aids or assists in, or procures, counsels, or advises the preparation or presentation under, or in connection with any matter arising under any title administered by the department, or a return, affidavit, claim, or other document, which is fraudulent or is false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such return, affidavit, claim, or document, is guilty of a class 5 felony and, upon conviction thereof, shall be punished as provided in section 18-1.3-401, C.R.S., or shall be punished by a fine of not more than one hundred thousand dollars, or five hundred thousand dollars in the case of a corporation, or by both such fine and imprisonment, together with the costs of prosecution.
C.R.S. § 39-22-651 — CO Code / Title 39 / Article 22 / Part 6 / Section 39-22-651
39-22-651. Short title - citation
Status: in_force

39-22-651. Short title - citation. This subpart 2 shall be comprised of sections 39-22-651 to 39-22-659 and may be cited as subpart 2. This subpart 2 shall be known and may be cited as the "Colorado Reportable Transactions Act".
C.R.S. § 39-2-104 — CO Code / Title 39 / Article 2 / Section 39-2-104
39-2-104. Oath of office
Status: in_force

39-2-104. Oath of office. Before entering upon the duties of his office, the property tax administrator shall take and subscribe to the constitutional oath of office, which oath or affirmation shall be filed in the office of the secretary of state.
C.R.S. § 39-23.5-107 — CO Code / Title 39 / Article 23.5 / Section 39-23.5-107
39-23.5-107. Tax returns - date to be filed - extension
Status: in_force

39-23.5-107. Tax returns - date to be filed - extension. (1) With respect to every gross estate or generation-skipping transfer, the person required to file a federal return shall file with the department on or before the date the federal return is required to be filed:

(a) A Colorado return for the tax due under this article; and

(b) A true copy of the federal return.

(2) If the person required to file has obtained an extension of time for filing the federal return, the filing required by subsection (1) of this section shall be similarly extended until the end of the time period granted in the extension of time for filing the federal return. A true copy of said extension shall be filed with the department within thirty days of issuance.

(3) No Colorado return need be filed if the gross estate or generation-skipping transfer does not require the filing of a federal return.

(4) If the gross estate or generation-skipping transfer does not require the filing of a Colorado return, the person who would otherwise be required to file a Colorado return may apply to the department for the issuance of a certificate of tax determination. If the department is satisfied that the gross estate or generation-skipping transfer is not subject to the tax imposed by this article or that the tax liability has been fully discharged, it shall issue a certificate of tax determination. Such certificate, when issued, shall indicate it has been determined, based upon the Colorado return as filed, that the person who filed the Colorado return is free of any claim by the state for taxes owed under this article.

(5) No tax waiver, consent to transfer, certificate of tax determination, or similar document shall be required for the transfer of any real or personal property located in Colorado included in a gross estate or generation-skipping transfer in the case of decedents dying and generation-skipping transfers occurring on or after July 1, 1980.

(6) If any person fails or refuses to make any return required by this article, the executive director may make such return for such person from such information as may be available, and any assessment based on such return made by the executive director shall be as good and sufficient as if such return had been made and filed by the person liable therefor.

(7) Any person who makes a special use valuation election in a federal return and who is required to file a federal additional estate tax return as a result of a premature disposition of property or premature cessation of the qualified use shall file with the department on or before the date the federal additional estate tax return is required to be filed:

(a) A Colorado return for the estate tax due under this article; and

(b) A true copy of the federal additional estate tax return.

(8) Any person who makes a family-owned business deduction election in a federal return and who is required to file a federal additional estate tax return as a result of failure to materially participate in the business, disposition of interest, or other noncompliance with the requirements of section 2057 of the internal revenue code shall file with the department on or before the date the federal additional estate tax return is required to be filed:

(a) A Colorado return for the estate tax due under this article; and

(b) A true and correct copy of the federal additional estate tax return.

(9) Any person who elects a qualified conservation easement exclusion in a federal return as allowed under section 2031 of the internal revenue code and who is required to file a federal additional estate tax return as a result of failure to implement the agreement described in section 2031 of the internal revenue code shall file with the department on or before the date the federal additional estate tax return is required to be filed:

(a) A Colorado return for the estate tax due under this article; and

(b) A true and correct copy of the federal additional estate tax return.
C.R.S. § 39-22-320 — CO Code / Title 39 / Article 22 / Part 3 / Section 39-22-320
39-22-320. Short title - citation
Status: in_force

39-22-320. Short title - citation. This subpart 2 shall be comprised of sections 39-22-320 to 39-22-330 and may be cited as subpart 2. This subpart 2 shall be known and may be cited as the "Colorado S Corporation Income Tax Act".
C.R.S. § 39-11.5-107 — CO Code / Title 39 / Article 11.5 / Section 39-11.5-107
39-11.5-107. Location of public auction - electronic devices - definition
Status: in_force

39-11.5-107. Location of public auction - electronic devices - definition. (1) The treasurer shall conduct the public auction in any building temporarily or permanently used as a courthouse, in any building where the office of the treasurer is located, or by means of the internet or other electronic medium.

(2) The county and its employees acting in their official capacity in preparing, conducting, and executing a public auction pursuant to this article 11.5 are not liable for the failure of a device that prevents a person from participating in a public auction. As used in this subsection (2), "device" includes, but is not limited to, computer hardware, a computer network, a computer software application, and an internet website.
C.R.S. § 39-26-101 — CO Code / Title 39 / Article 26 / Part 1 / Section 39-26-101
39-26-101. Short title
Status: in_force

39-26-101. Short title. This article shall be known and may be cited as the "Emergency Retail Sales Tax Act of 1935".
C.R.S. § 39-26-732 — CO Code / Title 39 / Article 26 / Part 7 / Section 39-26-732
39-26-732. Heat pump systems - tax preference performance statement - legislative declarati
Status: repealed

39-26-732. Heat pump systems - tax preference performance statement - legislative declaration - definitions - repeal. (1) (a) The general assembly hereby finds and declares that:

(I) The general assembly has committed to reduce greenhouse gases through numerous policy and regulatory measures to meet the goals established in 2019;

(II) Great quantities of emissions are released in the traditional process of heating and cooling private sector commercial and residential buildings;

(III) There is great potential for businesses and individuals in the state to reduce greenhouse gas emissions generated in the heating and cooling of commercial and residential buildings by installing heat pump systems and heat pump water heaters, which reduce net greenhouse gas emissions;

(IV) Providing a sales and use tax exemption for heat pump systems and heat pump water heaters will encourage businesses and individuals to purchase and use heat pump systems and heat pump water heaters rather than traditional heating and cooling methods; and

(V) The purchase and use of heat pump systems and heat pump water heaters will benefit public health in the heating and cooling of homes and businesses and take advantage of latent heat sources and available renewable power during low demand periods.

(b) 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 hereby finds and declares that the purposes of the tax expenditure created in subsection (3) of this section are to:

(I) Induce certain designated behavior by taxpayers, specifically the purchase and use of heat pump systems and heat pump water heaters; and

(II) Contribute to the state's effort to achieve its climate goals.

(c) The general assembly and the state auditor shall measure the effectiveness of the exemption in achieving the purposes specified in subsection (1)(b) of this section based on the number of heat pump systems and heat pump water heaters sold and used in the state. The Colorado energy office shall provide the state auditor with any available information that would assist the state auditor's measurement.

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

(a) (I) "Air-source heat pump system" means a system that:

(A) Is certified pursuant to the federal environmental protection agency's energy star program;

(B) Has a variable speed compressor;

(C) Is listed in the air-conditioning, heating, and refrigeration institute directory of certified product performance as a matched system; and

(D) Is installed by a licensed contractor, plumber, or employee of a gas utility in accordance with the national electrical code and the manufacturer's specifications.

(II) "Air-source heat pump system" may include an electric resistance heating element or a dual fuel system for supplemental heat so long as:

(A) The air-source heat pump is used as the primary source of a building's heat and is designed to supply at least eighty percent of total annual heating for the building;

(B) The system is capable of distributing produced heat to all conditioned areas of the building;

(C) The dual fuel system has a furnace with an annual fuel utilization efficiency rating of ninety percent or higher;

(D) All piping for a split system is installed by technicians certified to the NITC R78 brazing procedure; and

(E) The system is installed by technicians that are trained on the safe handling of flammable refrigerants.

(III) "Air-source heat pump system" includes mechanical and electrical equipment central to the operation of an air-source heat pump, including an upgraded electrical panel if necessary.

(b) (I) "Ground-source heat pump system" means a system that:

(A) Is certified to the international organization for standardization's latest standards;

(B) Is installed by a licensed contractor, plumber, or employee of a gas utility in accordance with the national electric code and manufacturer's specifications;

(C) Conforms to all applicable municipal, state, and federal codes, standards, regulations, and certifications;

(D) Has blowers that are variable speed, high-efficiency motors that meet or exceed efficiency levels listed in the national electrical manufacturers association MG1-1993 publication; and

(E) Complies with all state and local drinking water guidelines and regulations and public water system requirements.

(II) "Ground-source heat pump system" may include a dual fuel system so long as:

(A) The ground-source heat pump is used as the primary source of a building's heat and is designed to supply at least eighty percent of total annual heating for the building;

(B) The system is capable of distributing produced heat to all conditioned areas of the building;

(C) The furnace has an annual fuel utilization efficiency rating of ninety percent or higher;

(D) All piping for a split system is installed by technicians certified to the NITC R78 brazing procedure; and

(E) The system is installed by technicians that are trained on the safe handling of flammable refrigerants.

(III) "Ground-source heat pump system" includes mechanical and electrical equipment central to the operation of a ground-source heat pump, including an upgraded electrical panel if necessary.

(IV) "Ground-source heat pump system" may include a heat exchanger for water heating.

(c) "Heat pump system" means an air-source heat pump system, ground-source heat pump system, water-source heat pump system, combined water-source and air-source heat pump system, or variable refrigerant flow heat pump system.

(d) (I) "Heat pump water heater" means an electric water heater that uses heat pump technology to transfer heat from the surrounding air to water in a tank and that is certified pursuant to the federal environmental protection agency's energy star program.

(II) "Heat pump water heater" may include:

(A) An electric resistance heating element; and

(B) Mechanical and electrical equipment central to the operation of a heat pump water heater, including an upgraded electrical panel if necessary.

(e) (I) "Water-source heat pump system" means a system that:

(A) Is certified to the international organization for standardization's latest standards;

(B) Is installed by a licensed contractor, plumber, or employee of a gas or wastewater utility in accordance with the national electric code and manufacturer's specifications;

(C) Conforms to all applicable municipal, state, and federal codes, standards, regulations, and certifications;

(D) Has blowers that are variable speed, high-efficiency motors that meet or exceed efficiency levels listed in the national electrical manufacturers association MG1-1993 publication; and

(E) Complies with all state and local drinking water guidelines and regulations and public water system and wastewater system requirements.

(II) "Water-source heat pump system" may include a dual fuel system so long as:

(A) The water-source heat pump is used as the primary source of a building's heat and is designed to supply at least eighty percent of the total annual heating for the building;

(B) The system is capable of distributing produced heat to all conditioned areas of the building;

(C) The furnace has an annual fuel utilization efficiency rating of ninety percent or higher;

(D) All piping for a split system is installed by technicians certified to the NITC R78 brazing procedure; and

(E) The system is installed by technicians who are trained in the safe handling of flammable refrigerants.

(III) "Water-source heat pump system" includes mechanical and electrical equipment central to the operation of a water-source heat pump.

(f) (I) "Variable refrigerant flow heat pump system" means a system that:

(A) Is certified to the international organization for standardization's latest standards;

(B) Is installed by a licensed contractor, plumber, or employee of a gas or wastewater utility in accordance with the national electric code and manufacturer's specifications;

(C) Conforms to all applicable municipal, state, and federal codes, standards, regulations, and certifications;

(D) Has blowers that are variable speed, high-efficiency motors that meet or exceed efficiency levels listed in the national electrical manufacturers association MGI-1993 publication; and

(E) Complies with all state and local drinking water guidelines and regulations and public water system and wastewater system requirements.

(II) "Variable refrigerant flow system" may include a dual fuel system so long as:

(A) The variable refrigerant flow system is used as the primary source of a building's heat and is designed to supply at least eighty percent of the total annual heating for the building;

(B) The system is capable of distributing produced heat to all conditioned areas of the building;

(C) The furnace has an annual fuel utilization efficiency rating of ninety percent or higher;

(D) All piping for a split system is installed by technicians certified to the NITC R78 brazing procedure; and

(E) The system is installed by technicians who are trained in the safe handling of flammable refrigerants.

(III) "Variable refrigerant flow system" includes mechanical and electrical equipment central to the operation of a variable refrigerant flow system.

(3) On and after January 1, 2023, but before January 1, 2024, subject to the provisions of subsection (4) of this section, all sales, storage, and use of heat pump systems and heat pump water heaters that are used in commercial or residential buildings are exempt from taxation under parts 1 and 2 of this article 26.

(4) (a) (I) To be eligible for the sales and use tax exemption pursuant to this section, the purchaser of a heat pump system or heat pump water heater shall certify, as specified in subsection (4)(b) of this section, that all necessary mechanical, plumbing, and electrical work performed in connection with the installation of a heat pump system or heat pump water heater in a new or existing industrial, commercial, or multifamily residential building containing twenty thousand square feet or more of conditioned floor space will be performed by a contractor on the certified contractor list created pursuant to section 40-3.2-105.6 (3)(a), or by employees of a utility, subject to state licensing requirements and all applicable state and local rules, codes, and standards.

(II) The requirements of this subsection (4)(a) do not apply to the installation of a heat pump system or heat pump water heater that is limited to in-unit work in a multifamily building or unit and that is initiated by the owner or tenant of the multifamily building or unit.

(b) The purchaser shall certify, in a form and manner to be determined by the department of revenue, that the heat pump system or heat pump water heater will be installed in accordance with the provisions of subsection (4)(a) of this section, if applicable.

(5) This section is repealed, effective January 1, 2027.
C.R.S. § 39-37-110 — CO Code / Title 39 / Article 37 / Part 1 / Section 39-37-110
39-37-110. Distribution of tax collected
Status: in_force

39-37-110. Distribution of tax collected. (1) Each month, the state treasurer shall credit the money collected for payment of the tax levied pursuant to this part 1 to the old age pension fund created in section 1 of article XXIV of the state constitution in accordance with section 2 (a) and (f) of article XXIV of the state constitution and shall further transfer an amount equal to this amount from the old age pension fund to the general fund in accordance with section 7 (c) of article XXIV of the state constitution.

(2) Each month, the state treasurer shall transfer an amount equal to the amount of money collected for payment of the tax levied pursuant to this part 1 from the general fund to the fund for distribution in accordance with section 39-37-301 (2).
C.R.S. § 39-26-714 — CO Code / Title 39 / Article 26 / Part 7 / Section 39-26-714
39-26-714. Vending machines - definitions
Status: in_force

39-26-714. Vending machines - definitions. (1) (a) Every vendor selling individual items of personal property through vending machines shall pay a sales tax pursuant to section 39-26-106 (2)(b) on the personal property sold in excess of fifteen cents through the vending machines unless the sale is otherwise exempt under the provisions of this part 7.

(b) To be eligible for the exemption provided for in this subsection (1), each vendor shall:

(I) Be licensed under section 39-26-103;

(II) Maintain a record of the identification number, ownership, location, and disposition of every vending machine used by the vendor in his or her operation as a vendor;

(III) Within sixty days after commencing business as such vendor, submit to the department of revenue an accurate list containing the information required under subparagraph (II) of this paragraph (b) and submit such list annually thereafter on January 1, commencing in 1971;

(IV) Make application to the department of revenue for identification numbers to be affixed to every such vending machine, in accordance with rules promulgated by the executive director of the department of revenue;

(V) Remit a fee of ten cents per machine with the application submitted under subparagraph (IV) of this paragraph (b), to defray the expenses of the department of revenue in furnishing the identification numbers; except that the executive director of the department of revenue by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.

(c) Any unregistered vending machine found being used for retail sales at any place in this state without the prescribed identification number affixed thereto may be seized without warrant by the department of revenue, its agents, or employees or by any peace officer when directed or requested by the department. At the time of seizure, written notice of seizure shall be given to the proprietor or person in charge of the business, or to the agents or employees of the proprietor or person in charge of the business, where the vending machine is seized. The department shall also give notice by first-class mail as set forth in section 39-21-105.5 to the person whose name and mailing address appear on the machine. The department shall not be required to seize and confiscate any unregistered vending machine or assess a penalty when there is reason to believe that the owner is not intentionally evading the tax imposed by this article.

(d) In addition to any other penalty provided by law, the department of revenue is authorized to assess and collect a penalty of twenty-five dollars for each unregistered vending machine being operated in this state.

(e) Upon proof of ownership, the department of revenue shall deliver to the owner any vending machine seized under paragraph (c) of this subsection (1) after payment of the twenty-five-dollar penalty and seizure costs, if the owner is liable therefor, and upon registration of the machine. At the expiration of sixty days after the date of notice, any unregistered vending machine and the contents therein still in the possession of the department may be sold at public sale to the highest bidder, but, prior to any such sale, ten days' notice of the sale shall be given by first-class mail as set forth in section 39-21-105.5 to those entitled to notice under paragraph (c) of this subsection (1).

(2) On and after January 1, 2000, all sales and purchases of food, as defined in section 39-26-102 (4.5), by or through vending machines shall be exempt from taxation under the provisions of part 1 of this article; except that, on and after May 1, 2010, sales and purchases of candy and soft drinks by or through vending machines shall be subject to state sales taxation. Absent an express provision in the contract to the contrary, any vending machine contract that references the price at which products shall be sold from a vending machine shall be interpreted to include any applicable sales tax as an addition to the referenced price.

(3) On and after January 1, 2000, the storage, use, or consumption of food, as defined in section 39-26-102 (4.5), purchased by or through vending machines shall be exempt from taxation under the provisions of part 2 of this article; except that, on and after May 1, 2010, the storage, use, or consumption of candy and soft drinks purchased by or through vending machines shall be subject to state use taxation.

(4) For the purposes of this section:

(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.

(5) The department of revenue shall 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 purchased by and through vending machines 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 subsection (4) of this section, by House Bill 10-1191, enacted in 2010.
C.R.S. § 39-11-146 — CO Code / Title 39 / Article 11 / Section 39-11-146
39-11-146. Lien of special assessment not affected
Status: in_force

39-11-146. Lien of special assessment not affected. Nothing in sections 39-11-143 to 39-11-145 shall be construed to affect in any manner or degree whatsoever the lien of any special assessment to which such real estate and the conveyance thereof by the treasurer is subject under law.
C.R.S. § 39-22-502 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-502
39-22-502. Adjustment to basis of shares of regulated investment company
Status: repealed

39-22-502. Adjustment to basis of shares of regulated investment company. (Repealed)
C.R.S. § 39-37-112 — CO Code / Title 39 / Article 37 / Part 1 / Section 39-37-112
39-37-112. Revenue and spending limitations
Status: in_force

39-37-112. Revenue and spending limitations. Notwithstanding any limitations on revenue, spending, or appropriations contained in section 20 of article X of the state constitution or any other provision of law, all revenue generated by the excise tax levied pursuant to this part 1 as approved by the voters at the statewide election in November 2024, may be collected and spent as a voter-approved revenue change and shall not require voter approval subsequent to the voter approval required pursuant to part 2 of this article 37.
C.R.S. § 39-22-550 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-550
39-22-550. Tax credit for reducing emissions from certain lawn equipment - tax preference p
Status: repealed

39-22-550. Tax credit for reducing emissions from certain lawn equipment - tax preference performance statement - legislative declaration - definitions - report - repeal. (1) (a) The general assembly finds and declares that:

(I) Gasoline-powered lawn equipment, such as lawn mowers, leaf blowers, trimmers, and snowblowers, emits high levels of air pollutants, including nitrogen oxides and volatile organic compounds that, together, form ozone and particulate matter;

(II) Replacing such gasoline-powered lawn equipment with electric-powered lawn equipment can reduce ozone pollution; and

(III) The purpose of the tax credit in subsection (3) of this section is to incentivize the voluntary transition from gasoline-powered to electric-powered lawn equipment.

(b) 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 further finds and declares that:

(I) The general legislative purpose of the tax credit allowed by subsection (3) of this section is to induce certain designated behaviors by taxpayers, specifically the purchase of electric-powered lawn equipment; and

(II) In order to allow the general assembly and the state auditor to measure the effectiveness of the tax credit, the department of revenue shall submit to the general assembly and the state auditor an annual report in accordance with subsection (5) of this section detailing the sales of new, electric-powered lawn equipment, as reported by taxpayers claiming the tax credit authorized under subsection (3) of this section.

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

(a) "Lawn equipment" means a lawn mower, leaf blower, trimmer, or snowblower.

(b) "Purchase price" has the meaning set forth in section 39-26-102 (7).

(c) "Qualified retailer" means a retailer that sells lawn equipment and:

(I) Holds a state sales tax license;

(II) Has timely filed a monthly sales tax return showing a tax liability for at least twelve months;

(III) Has paid the taxes due on the monthly sales tax return; and

(IV) Has registered with the department of revenue pursuant to subsection (3)(e)(II) of this section.

(d) "Retailer" has the meaning set forth in section 39-26-102 (8).

(e) "Retail sale" has the meaning set forth in section 39-26-102 (9).

(3) (a) For income tax years commencing on or after January 1, 2024, but before January 1, 2027, a retailer qualified pursuant to subsection (3)(e)(II) of this section is allowed a tax credit against the tax imposed pursuant to this article 22 in an amount equal to thirty-three percent of the aggregate purchase price for all retail sales of new, electric-powered lawn equipment that the qualified retailer sold in the state during the tax year.

(b) In order to qualify for the tax credit allowed under this subsection (3), the qualified retailer shall provide to the purchaser, at the time of the retail sale of new, electric-powered lawn equipment, a discount on the purchase price of the lawn equipment equal to thirty percent of the purchase price and shall show the discount as a separate item on the receipt or invoice provided to the purchaser.

(c) To determine whether a qualified retailer sold new, electric-powered lawn equipment in this state, the rules of section 39-26-104 (3)(a) apply.

(d) The qualified retailer may retain from the credit allowed in this section an administrative fee not to exceed three percent of the purchase price of the new, electric-powered lawn equipment sold.

(e) (I) The qualified retailer shall electronically submit a report to the department of revenue, on a quarterly basis and in the form and manner required by the department, that details the number of pieces of new, electric-powered lawn equipment sold by the qualified retailer in the reporting period for which the qualified retailer provided a discount as described in subsection (3)(b) of this section. The department may require the qualified retailer to include additional information in the report.

(II) Before selling a piece of new, electric-powered lawn equipment for which a retailer intends to claim a credit pursuant to this section, the retailer shall register as a qualified retailer by filing with the department of revenue a registration statement in the form and manner that the department prescribes.

(4) If a credit authorized by this section exceeds the income tax due on the income of the qualified retailer for the taxable year, the excess credit may not be carried forward and must be refunded to the qualified retailer.

(5) Pursuant to section 39-21-304 (3), notwithstanding section 24-1-136 (11)(a)(I), and for the purpose of providing data that allows the general assembly and the state auditor to measure the effectiveness of the tax credit created in subsection (3) of this section, the department of revenue, on or before January 1, 2025, and on or before January 1 of each year thereafter through January 1, 2028, shall submit to the general assembly and the state auditor a report detailing the sales of new, electric-powered lawn equipment, as reported by a qualified retailer claiming the tax credit authorized under subsection (3) of this section. The tax credit established in this section meets its purpose if sales of new, gasoline-powered lawn equipment are significantly reduced within five years after the tax credit becomes effective, as determined by the general assembly and the state auditor pursuant to section 39-21-304 (3).

(6) This section is repealed, effective December 31, 2033.
C.R.S. § 39-11-109 — CO Code / Title 39 / Article 11 / Section 39-11-109
39-11-109. Time of public auction
Status: in_force

39-11-109. Time of public auction. The public auction of tax liens on lands upon which taxes remain delinquent shall commence on or before the second Monday in December of each year.
C.R.S. § 39-26-716 — CO Code / Title 39 / Article 26 / Part 7 / Section 39-26-716
39-26-716. Agriculture and livestock - special fuels - definitions
Status: repealed

39-26-716. Agriculture and livestock - special fuels - definitions. (1) For purposes of this section, unless the context otherwise requires:

(a) Repealed.

(b) "Attachments" means any equipment or machinery added to an exempt farm tractor or implement of husbandry that aids or enhances the performance of such tractor or implement.

(c) "Dairy equipment" means any item that is used at a farm dairy in connection with the production of raw milk and not at a commercial dairy in connection with the production of pasteurized, separated milk products for retail sale, including, without limitation, milking claws, shells, inflators, pulsators, meters, cow identification systems, transponders, automatic takeoffs, piping, receiver jars, pumps, filter assemblies, milk containment tanks, cooling compressors, wash vats, clean in place assemblies, wash lines, wash control units, pulsator controls, milking system controls, programmable logical control systems, vacuum pumps, vacuum distribution tanks, backflush and related valves, rubber and similar hoses, rubber and similar gaskets, and any other similar or related item used in any farm dairy facility or farm dairy operation or in the production of raw milk, regardless of whether or not the item has become a fixture. To the extent the farm dairy is also involved in the production of pasteurized, separated milk products for retail sale, only the equipment used exclusively in the production of raw milk constitutes dairy equipment for purposes of this section.

(d) "Farm equipment" means any farm tractor, as defined in section 42-1-102 (33), any implement of husbandry, as defined in section 42-1-102 (44), and irrigation equipment having a per unit purchase price of at least one thousand dollars. "Farm equipment" also includes, regardless of purchase price, attachments and baling wire, binders twine, and surface wrap used primarily and directly in any farm operation. On and after July 1, 2000, "farm equipment" also includes, regardless of purchase price, parts that are used in the repair or maintenance of the farm equipment described in this subsection (1)(d), all shipping pallets, crates, or aids paid for by a farm operation, and aircraft designed or adapted to undertake agricultural applications. On and after July 1, 2001, "farm equipment" also includes, regardless of purchase price, dairy equipment. On and after September 1, 2019, "farm equipment" also includes, regardless of purchase price, any visual, electronic identification, or matched pair ear tags and electronic identification readers used to scan ear tags that are used by a farm operation to identify or track food animals, including animals used for food or in the production of food. Except for shipping pallets, crates, or aids used in the transfer or shipping of agricultural products, "farm equipment" does not include:

(I) Vehicles subject to the registration requirements of section 42-3-103, C.R.S., regardless of the purpose for which such vehicles are used;

(II) Machinery, equipment, materials, and supplies used in a manner that is incidental to a farm operation;

(III) Maintenance and janitorial equipment and supplies; and

(IV) Tangible personal property used in any activity other than farming, such as office equipment and supplies and equipment and supplies used in the sale or distribution of farm products, research, or transportation.

(e) "Farm operation" means the production of any of the following products for profit, including, but not limited to, a business that hires out to produce or harvest such products:

(I) Agricultural, viticultural, fruit, and vegetable products;

(II) Livestock, as defined in section 39-26-102 (5.5);

(III) Milk;

(IV) Honey; and

(V) Poultry and eggs.

(2) and (3) Repealed.

(4) The following are exempt from taxation under the provisions of parts 1 and 2 of this article 26:

(a) All sales and purchases of livestock, all sales and purchases of live fish for stocking purposes, and all farm close-out sales and the storage, use, or consumption of such property;

(b) All sales and purchases of feed for livestock, all sales and purchases of seeds, and all sales and purchases of orchard trees and the storage, use, or consumption of such property;

(c) All sales and purchases of straw and other bedding for use in the care of livestock and the storage, use, or consumption of straw and other bedding for use in the care of livestock;

(d) The sale of special fuel, as defined in section 39-27-101 (29), used for the operation of farm vehicles when such vehicles are being used on farms and ranches and the storage, use, or consumption of such special fuel;

(e) All sales and purchases of farm equipment and the storage, use, or consumption of farm equipment; and

(f) (I) Any farm equipment under lease or contract, if the fair market value of the equipment is at least one thousand dollars and the equipment is rented or leased for use primarily and directly in any farm operation.

(II) Unless the department of revenue determines pursuant to section 39-26-730 (2) that the affidavit can be consolidated with another form or eliminated, the lessor or seller of such farm equipment shall obtain a signed affidavit from the lessee, renter, or purchaser affirming that the farm equipment will be used primarily and directly in a farm operation.

(5) (Deleted by amendment, L. 2011, (HB 11-1005), ch. 194, p. 755, § 3, effective July 1, 2011.)
C.R.S. § 39-26-403 — CO Code / Title 39 / Article 26 / Part 4 / Section 39-26-403
39-26-403. Refund of state sales and use tax for medical technology and clean technology -
Status: repealed

39-26-403. Refund of state sales and use tax for medical technology and clean technology - application requirements and procedures - legislative declaration - repeal. (Repealed)
C.R.S. § 39-10-105 — CO Code / Title 39 / Article 10 / Section 39-10-105
39-10-105. Receipt for taxes
Status: repealed

39-10-105. Receipt for taxes. (1) Upon request of an individual taxpayer or the taxpayer's agent, the treasurer shall issue and shall mail, if additionally requested, a receipt for each payment of taxes received, which shall state the amount of taxes paid and any delinquent interest thereon, the year or portion thereof for which such taxes apply, the property upon which such taxes are paid, and a notation of any taxes levied thereon for prior years which are unpaid and delinquent. A copy of the statement specified in section 39-10-103, when stamped "paid" by the treasurer, shall suffice for such receipt. The apportionment of the total tax levy may be printed or stamped on the reverse side of each tax receipt issued or may be separately furnished to the taxpayer. The mortgagee or beneficiary of a deed of trust is not required to retain a tax receipt for the property which is the subject of the mortgage or the deed of trust.

(1.5) In lieu of issuing and mailing individual receipts, the treasurer may issue and mail a certified listing of taxes paid and any delinquent interest thereon, the year or portion thereof for which such taxes apply, and sufficient identification of the property upon which such taxes are paid to those taxpayers or their agents for combined tax payments on ten or more assessed parcels.

(2) The treasurer shall retain in the office as part of the records thereof a copy of every receipt issued by the treasurer for taxes paid, which copies shall be recorded or filed in the order of issuance. The original tax receipt, or a copy thereof, or a copy of any entry in the treasurer's records concerning the same shall, when certified by the treasurer or the treasurer's deputy, be received in all places as prima facie evidence of payments of the taxes. For purposes of this section, "copy" means a reproduction of the original by any means, including, but not limited to, a photograph, a microfilm or optical imaging record, a computer disk image, or any other means of record retention chosen by the treasurer.

(3) Repealed.
C.R.S. § 39-28.6-102 — CO Code / Title 39 / Article 28.6 / Section 39-28.6-102
39-28.6-102. Definitions
Status: in_force

39-28.6-102. Definitions. As used in this article 28.6, unless the context otherwise requires:

(1) "Delivery sale" means a sale of nicotine products to a consumer in this state when:

(a) The consumer submits an order for the nicotine products to a delivery seller for sale by means other than an over-the-counter sale on the delivery seller's premises, including, but not limited to, telephone or other voice transmission, the mail or other delivery service, or the internet or other online service; and

(b) The nicotine products are delivered when the seller is not in the physical presence of the consumer when the consumer obtains possession of the nicotine products by use of a common carrier, private delivery service, mail, or any other means.

(2) "Delivery seller" means a person located outside of this state who makes delivery sales.

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

(4) "Distributor" means every person who:

(a) First receives nicotine products in this state;

(b) Sells nicotine products in this state and is primarily liable for the nicotine products tax on the nicotine products;

(c) First sells or offers for sale in this state nicotine products imported into this state from any other state or country; or

(d) Makes a delivery sale.

(5) (a) "Manufacturer's list price" means, except as provided in subsections (5)(b) and (5)(c) of this section, the invoice price for which a manufacturer or supplier sells a nicotine product to a distributor exclusive of any discount or other reduction.

(b) For a delivery seller, if determining the invoice price described in subsection (5)(a) of this section is impracticable, then "manufacturer's list price" means the average of the actual price paid, exclusive of any rebates or discounts applied, for the nicotine product's stock keeping unit during the preceding calendar year. The department may, by written notice to the delivery seller, prospectively require a delivery seller to calculate the tax on the invoice price if the department finds that the delivery seller's use of the average price paid was for the purpose of avoiding tax.

(c) For a manufacturer who is also a delivery seller or a retailer, and who sells nicotine products exclusively to consumers and not to suppliers or distributors, "manufacturer's list price" means the manufacturer's cost to manufacture the nicotine product, which includes the manufacturing overhead and the cost of all direct materials and direct labor used.

(6) "Modified risk tobacco product" means any tobacco product for which the secretary of the United States department of health and human services has issued an order authorizing the product to be commercially marketed as a modified risk tobacco product in accordance with 21 U.S.C. sec. 387k, or any successor section; except that the term does not include a noncombustible product that produces vapor or aerosol for inhalation from the application of a heating element to a liquid substance containing nicotine.

(7) "Nicotine product" means a product that contains nicotine derived from tobacco or created synthetically that is intended for human consumption, whether by vaporizing, chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, aerosolizing, or by any other means, and that is not:

(a) A cigarette;

(b) Tobacco products, as defined in section 39-28.5-101 (14); or

(c) A drug, device, or combination product authorized for sale by the United States department of health and human services, as those terms are defined in the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq.

(8) "Sale" means any transfer, exchange, or barter, in any manner or by any means whatsoever, for a consideration, including all sales made by any person. The term includes:

(a) A gift by a person engaged in the business of selling nicotine products, for advertising, as a means of evading the provisions of this article 28.6, or for any other purposes whatsoever; and

(b) A delivery sale.
C.R.S. § 39-1-111.5 — CO Code / Title 39 / Article 1 / Section 39-1-111.5
39-1-111.5. Temporary property tax credits and temporary mill levy rate reductions
Status: in_force

39-1-111.5. Temporary property tax credits and temporary mill levy rate reductions. (1) In order to effect a refund for any of the purposes set forth in section 20 of article X of the state constitution, or to provide property tax relief by a temporary reduction in property taxes due, any local government may approve and certify a temporary property tax credit or temporary mill levy rate reduction as set forth in this section. A district, as defined in section 22-54-103 (5), may not reduce a mill levy below the minimum amounts provided in section 22-54-106. The procedures set forth in this section are deemed to be a reasonable method for effecting refunds in accordance with section 20 of article X of the state constitution and for providing temporary property tax relief. A temporary reduction in property taxes due for the purpose of property tax relief is subject to annual renewal.

(2) Concurrent with the certification of its levy to the board of county commissioners as required pursuant to section 39-5-128 (1), any local government may certify a temporary property tax credit or temporary mill levy rate reduction. The certification must include the local government's gross mill levy, the temporary property tax credit or temporary mill levy rate reduction expressed in mill levy equivalents, and the net mill levy, which must be the gross mill levy less the temporary property tax credit or temporary mill levy rate reduction. A district, as defined in section 22-54-103 (5), may not certify a net mill levy below the minimum amounts provided in section 22-54-106.

(3) Concurrent with certification to the assessor of all mill levies by the board of county commissioners or other body authorized by law to levy taxes, or by either group's authorized party, in accordance with section 39-1-111 (2), the board of county commissioners shall certify any other local government's temporary property tax credit or temporary mill levy rate reduction and any temporary property tax credit or temporary mill levy rate reduction for the county or city and county itself, itemized as set forth in subsection (2) of this section.

(4) Concurrent with the delivery to the treasurer of the tax warrant by the assessor in accordance with section 39-5-129, the assessor shall, in addition to all other information required to be set forth in the tax warrant, itemize in the manner set forth in subsection (2) of this section any duly certified temporary property tax credit or temporary mill levy rate reduction.

(5) Upon receipt of any tax warrant reflecting a temporary property tax credit or temporary mill levy rate reduction for any local government, the treasurer shall be responsible for collecting taxes on behalf of the local government based upon the local government's net adjusted mill levy. In addition to any other information required by section 39-10-103, the tax statement must indicate by footnote which, if any, local government mill levies in the tax statement reflect a temporary property tax credit or temporary mill levy rate reduction for the purpose of effecting a refund in accordance with section 20 of article X of the state constitution or for providing temporary property tax relief.
C.R.S. § 39-28.8-308 — CO Code / Title 39 / Article 28.8 / Part 3 / Section 39-28.8-308
39-28.8-308. Rules
Status: in_force

39-28.8-308. Rules. The department shall promulgate rules for the implementation of this part 3 in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S.
C.R.S. § 39-11-144 — CO Code / Title 39 / Article 11 / Section 39-11-144
39-11-144. County lands, prior sales validated
Status: in_force

39-11-144. County lands, prior sales validated. All sales of such real estate made by the board of county commissioners of any county shall be deemed valid, and such sales are hereby confirmed if such sales were made at either public or private sale, whether made by deed issued by the treasurer upon direction of the board of county commissioners or by deed issued by a duly appointed commissioner to convey upon direction of the board of county commissioners.
C.R.S. § 39-3-122 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-122
39-3-122. Agricultural equipment used in production of agricultural products - CEA facilit
Status: in_force

39-3-122. Agricultural equipment used in production of agricultural products - CEA facilities - exemption - definition. (1) Agricultural equipment that is used on any farm or ranch in the production of agricultural products is exempt from the levy and collection of property tax.

(2) On and after January 1, 2023, agricultural equipment that is used in any CEA facility or greenhouse is exempt from the levy and collection of property tax.

(3) On and after January 1, 2024, but before January 2, 2029, personal property is exempted from the levy and collection of property tax if the property is machinery or equipment that is part of a solar energy generating system that is used for agrivoltaics, and if the property:

(a) Incorporates novel designs, technologies, or configurations that significantly expand the potential for agricultural activities, including by:

(I) Elevating the bottom edge height of the panels at least six feet above the ground;

(II) Utilizing translucent panels or panels with tubular or other innovative panel geometry that supports agrivoltaics;

(III) Incorporating alternative solar tracking algorithms that are tailored to optimize vegetative growth;

(IV) Incorporating extended row or panel spacing in a manner that enables agricultural activities;

(V) Incorporating modified wire management systems that support livestock, including raising, lowering, or burying wiring;

(VI) Incorporating innovative photovoltaic racking structures, including tensioned wire racking systems, suspension-based systems, or other dynamic photovoltaic racking systems or arrangements;

(VII) Incorporating agricultural infrastructure that is typically found on a farm or ranch operation, such as agricultural fences, water sources and distribution, water troughs and tanks, corrals, livestock pens, or produce handling equipment; or

(VIII) Incorporating agricultural structures that are typically found on an agricultural operation, such as a tractor shed, a barn, or structures for equipment storage, produce washing, storage, processing, or chilling and packaging;

(b) Is constructed in a manner that minimizes soil compaction underneath and in between panels; and

(c) Is constructed to incorporate design strategies that are planned with the intent to minimize the negative environmental impact of photovoltaic energy production facilities on ecosystems, native vegetation, state and federally listed species, wildlife migration corridors, and the species, habitats, and ecosystems of greatest conservation need.

(4) As used in this section, "agrivoltaics" has the meaning set forth in section 35-1-114 (4)(a).
C.R.S. § 39-10-108 — CO Code / Title 39 / Article 10 / Section 39-10-108
39-10-108. Treasurer responsible for state tax levies
Status: repealed

39-10-108. Treasurer responsible for state tax levies. (Repealed)
C.R.S. § 39-3-129 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-129
39-3-129. Proportional valuation - exempt property
Status: in_force

39-3-129. Proportional valuation - exempt property. (1) Except as otherwise provided in subsection (2) of this section, whenever any real property that was previously taxable becomes legally exempt from the levy and collection of property tax or any real property that was previously legally exempt from the levy and collection of property tax becomes taxable, the valuation for assessment of the real property shall be a proportion of the valuation for assessment of the real property for the entire taxable year based upon the ratio of the portion of the taxable year in which the property is taxable to the entire taxable year. In the event the real property is partially leased, loaned, or otherwise made available to and used by a business conducted for profit, the determination as to what portion of the real property is so utilized shall be made by the administrator on the basis of the facts existing on the annual assessment date for the real property. The administrator shall have the authority to determine the actual value of the nonexempt portion of the property in relation to the actual value of the entire property by using the ratio of the square foot area of the property utilized by the business conducted for profit to the total square foot area of the property. Where shown to be more appropriate, in order to determine the relationship between the actual value of the nonexempt portion of the property and the actual value of the total property, the administrator may employ the ratio of the portion as measured in hours of any calendar year in which the property is leased, loaned, or otherwise made available to and used by any business conducted for profit to the entire calendar year.

(2) The provisions of subsection (1) of this section shall not be applicable to household furnishings.
C.R.S. § 39-22-570 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-570
39-22-570. Tuition and fee tax credit for qualifying students - tax preference performance
Status: repealed

39-22-570. Tuition and fee tax credit for qualifying students - tax preference performance statement - legislative declaration - definitions - report - repeal. (1) (a) The general assembly finds, determines, and declares that:

(I) The cost of higher education and student debt can be a deterrent for many students to pursue postsecondary credentials;

(II) Colorado's postsecondary matriculation rate was less than fifty percent in 2021 with a large share going out of state. Postsecondary education helps students achieve economic mobility, and students are more likely to stay in Colorado if they attend institutions in Colorado. By incentivizing students to attend institutions in Colorado, students will see more economic mobility while benefiting the state workforce.

(III) It is the intent of the general assembly that in the event of a recession, existing support of need-based financial aid be a potential backstop for this incentive;

(IV) The costs of higher education are a barrier to many students. Reducing those costs and student debt can help students not only attend college but also be financially successful. Targeted incentives for attending public institutions of higher education, which have lower tuition, help more students complete higher education with less or no debt and help Colorado retain our own talent.

(V) Building bridges to higher education supports our state's students and economic health.

(VI) To continue to strengthen the educational pipeline, a financial incentive should be provided to low- and middle- income postsecondary Colorado students.

(b) 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 the general legislative purposes of this tax expenditure are to induce certain designated behavior by taxpayers and provide tax relief for certain individuals. Specifically, this tax expenditure is intended to encourage students to attend public Colorado institutions of higher education and reduce student debt by providing a yearly refundable incentive to students in their first two years of higher education against the tuition and fees paid to a Colorado public institution of higher education.

(c) The tax incentive provides a yearly refundable credit to students against the tuition and fee costs paid to a public two-year or four-year institution, area technical college, or local district college in their first two years of higher education. Eligible students are those who are classified as in-state students, enroll in at least six credit hours in a semester or term, have at least a 2.5 grade point average in a semester or term, matriculated in college within two years of high school graduation, and have a federal adjusted gross household income of ninety thousand dollars or less as indicated on the free application for federal student aid or Colorado application for state financial aid.

(d) The 2022 American community survey conducted by the United States census bureau found that the median household income in Colorado is eighty-nine thousand three hundred two dollars. A ninety-thousand-dollar income threshold ensures that all Colorado households at or below median income will be able to benefit from this incentive.

(e) The general assembly and the state auditor shall measure the effectiveness of the incentive in achieving the purposes specified in subsection (1)(b) of this section based on the number of incentives that are claimed.

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

(a) "Academic year" means the period beginning with a Colorado public institution of higher education's fall semester or term and ending the following calendar year at the conclusion of the Colorado public institution of higher education's summer semester or term.

(b) "Colorado public institution of higher education" means:

(I) A public, postsecondary institution that is governed by the board of governors of the Colorado state university system, the board of regents of the university of Colorado, the board of trustees of the Colorado school of mines, the board of trustees of the university of northern Colorado, the board of trustees of Adams state university, the board of trustees of Western Colorado university, the board of trustees of Colorado Mesa university, the board of trustees of Fort Lewis college, the board of trustees of Metropolitan state university of Denver, or the state board for community colleges and occupational education;

(II) An area technical college, as defined in section 23-60-103 (1); or

(III) Colorado mountain college and AIMS community college.

(c) "Eligible student" means an individual who:

(I) Has matriculated at a Colorado public institution of higher education within two years of completion of high school graduation or an equivalent;

(II) Is designated as a degree- or credential-seeking student at a Colorado public institution of higher education for the semester or term for which an incentive is claimed;

(III) Qualifies for in-state tuition, as described in article 7 of title 23, for the semester or term for which the incentive is claimed; and

(IV) Has completed a free application for federal student aid (FAFSA) or Colorado application for state financial aid (CASFA) for the semester or term for which an incentive is claimed that indicates that the student's household has an adjusted gross income that is ninety thousand dollars or less.

(d) "Incentive" means the refundable credit allowed by this section.

(e) "Qualifying semester or term" means a semester or term that the eligible student:

(I) Begins with fewer than sixty-six credit hours accumulated, including all credits transferred to the Colorado public institution of higher education, except those credits earned through prior learning assessment, concurrent enrollment, advanced placement, the international baccalaureate program, military credits, or any other credits accumulated prior to matriculation at any institution of higher education; and

(II) Completes earning at least six credit hours or equivalent with a grade point average of 2.5 or higher.

(f) "Scholarships or grants" means the sum of any amount paid for the benefit of an eligible student that are required to be taken into account pursuant to section 25A (g)(2) of the internal revenue code.

(g) "Tuition and fees" has the same meaning as "qualified tuition and related expenses" as defined in section 25A (f)(1) of the internal revenue code that are paid by or for the benefit of an eligible student.

(3) (a) For each income tax year commencing on or after January 1, 2025, but prior to January 1, 2033, an eligible student is allowed an incentive against the income taxes imposed by this article 22 for every qualifying semester or term completed during the academic year ending during the income tax year.

(b) The amount of incentive allowed to an eligible student for each income tax year is equal to the amount paid by or for the benefit of the eligible student in tuition and fees to a Colorado public institution of higher education minus any scholarships or grants for each qualifying semester or term during the academic year completed during the prior calendar year.

(4) (a) Each Colorado public institution of higher education is required by January 15, 2026, and every January 15 thereafter until 2033, to electronically report each eligible student for any qualifying semester or term completed during the academic year completed during the prior calendar year to the department of higher education in a format prescribed by the department of higher education that includes:

(I) The student's tax identification number or social security number; and

(II) The amount of tuition and fees paid minus any scholarships or grants.

(b) By January 31, 2026, and every January 31 thereafter through 2033, the Colorado public institution of higher education shall provide each eligible student with a statement containing the information pertaining to that student's eligibility and the amount reported to the department of higher education pursuant to subsection (4)(a)(II) of this section.

(c) The department of higher education is required by January 31, 2026, and every January 31 thereafter through 2034, to electronically report the information received pursuant to subsection (4)(a) of this section along with any later corrections or additions to the department of revenue in a format prescribed by the executive director.

(5) The amount of the incentive allowed under this section that exceeds the eligible student's income taxes due is refunded to the taxpayer.

(6) (a) The department of higher education, in consultation with Colorado public institutions of higher education, shall determine each institution's average percentage of state and institutional financial aid allocated to the resident student population who have a family income of ninety thousand dollars or less in each year of the three years prior to 2025.

(b) Each Colorado public institution of higher education shall maintain a percentage of state and institutional financial aid to resident students who have an adjusted gross household income of ninety thousand dollars or less that is equal to or greater than the average percentage of state and institutional financial aid calculated by the department of higher education in each of the three academic years prior to the academic year 2024-25.

(c) If an institution does not maintain the percentage, the institution shall notify the department of higher education by a date determined by the department of higher education and must include in the notification a description of changes to institutional finances or the student population that prevented the institution from maintaining the state and institutional financial aid allocation percentage. The department of higher education shall include this information in its report described in subsection (6)(d) of this section.

(d) On or before June 30, 2027, and each year thereafter until 2037, the department of higher education shall submit a report to the joint budget committee and the house of representatives and senate education committees, or any successor committees, including, for each institution, the average percentage of state and institutional financial aid allocated to the resident student population who have a family income of ninety thousand dollars or less in the three academic years prior to the academic year 2024-25, and in each academic year thereafter until 2034. The department of higher education shall include in the report student enrollment information for eligible and noneligible students, disaggregated by income, and shall include, once the date is available, disaggregated outcome measures by income for eligible and noneligible students, including but not limited to student retention and completion rates. Each Colorado public institution of higher education shall annually report student level financial aid, student eligibility, and incentive eligibility information to the department of higher education that the department of higher education deems necessary to provide to the department of revenue for incentive administration or for inclusion in the report.

(7) This section is repealed, effective December 31, 2037.
C.R.S. § 39-11-140 — CO Code / Title 39 / Article 11 / Section 39-11-140
39-11-140. Tax deed recorded - entry
Status: in_force

39-11-140. Tax deed recorded - entry. When any tax deed is filed for record, the county clerk and recorder shall also enter the name of the grantee in the proper column of his record of land for which a tax lien was sold for delinquent taxes.
C.R.S. § 39-27-103 — CO Code / Title 39 / Article 27 / Part 1 / Section 39-27-103
39-27-103. Refunds - penalties - checkoff - limits on collections
Status: repealed

39-27-103. Refunds - penalties - checkoff - limits on collections. (1) A credit against the tax accrued or payable or a refund of tax paid is allowed for the tax imposed by this part 1 on gasoline or special fuel that is lost or destroyed by fire, lightning, flood, windstorm, explosion, accident, or other cause beyond the control of the distributor or transporter of such gasoline or special fuel. This credit or refund is allowed only on gasoline or special fuel in quantities of one hundred gallons or more lost or destroyed at any one time. Any loss of gasoline or special fuel while in transit or while being loaded or unloaded is subject to credit or refund under this section. After any such loss or destruction, the distributor or transporter must notify the executive director of the department of revenue within thirty days of such loss or destruction and, within the same deadline, must file with the executive director proof sufficient to establish the loss or destruction as the executive director may require. A refund of previously paid tax is allowed to the distributor or transporter in control of the gasoline or special fuel at the time it is lost or destroyed regardless of whether such person paid the tax imposed by this part 1 on the gasoline or special fuel lost or destroyed.

(1.5) A refund is allowed for the tax paid on gasoline or special fuel pursuant to this part 1 that was erroneously paid due to mistake of fact, law, or computation. The person who has paid any such tax may, within three years from the date of payment thereof, file with the department of revenue an application for refund of such tax so erroneously paid. The application must be on such forms as prescribed by the department of revenue. This subsection (1.5) does not apply to any refund claimable pursuant to subsection (1), (2), (2.5), or (3) of this section.

(2) Unless purchased ex-tax pursuant to section 39-27-102.5 (2)(b), a refund is made or credit allowed for the tax paid on all gasoline or special fuel that is purchased by the United States or any of its agencies, the state of Colorado or any of its agencies, any town, city, county, or any other political subdivision of the state. Except as provided in section 39-27-102.5 (2)(b)(III)(C), the gasoline or special fuel with respect to which a refund is claimed under this subsection (2) must be used exclusively by the governmental entity in performing its governmental functions and activities in any machines owned or operated by the governmental entity. Any other use or any resale for any other use is a violation of subsection (3)(c) of this section.

(2.5) Unless purchased ex-tax pursuant to section 39-27-102.5 (2.5), a refund is made pursuant to subsection (3) of this section for the tax paid on the following purchases of gasoline or special fuel:

(a) Products, including kerosene, specially prepared, sold, and used in aircraft operated by scheduled air carriers or commuter airline operators exempt from the federal aviation fuels tax;

(b) Gasoline used by domestic or foreign part 121 air carriers or part 135 commuter air carriers authorized to provide passenger and cargo air transportation services pursuant to the regulations of the office of the secretary of transportation and federal aviation administration of the United States department of transportation. For those air carriers that are certificated by the United States department of transportation for both part 121 air carrier operations and part 135 on-demand operations, this subsection (2.5)(b) shall not apply to the air carrier's part 135 on-demand operations; and

(c) Gasoline used by direct air carriers providing air transportation to authorized public charter operators pursuant to 14 CFR 380.

(2.7) A refund is made pursuant to subsection (3) of this section to any person who purchases gasoline or special fuel upon which the tax imposed by this part 1 has been paid if the gasoline or special fuel is used for the purpose of:

(a) Operating a stationary gas engine;

(b) Operating a motor vehicle on or over fixed rails;

(c) Operating a tractor, truck, or other farm implement or machine for agricultural purposes on a farm or ranch;

(d) Operating a state-licensed agricultural applicator aircraft from a private landing facility used solely and exclusively for agricultural applications, to the extent of fifty percent of taxes payable pursuant to section 39-27-102 (1)(a)(IV);

(e) Operating a motor boat;

(f) Cleaning or dyeing;

(g) Any commercial use other than the operation of a motor vehicle upon the highways of this state and the operation of any aircraft other than the operation of aircraft specified in subsection (2.5) or (2.7)(d) of this section; or

(h) Any other use that entitles a person to a refund under this part 1 or federal law.

(3) (a) (I) Any person who purchases gasoline or special fuel is entitled to a refund by the controller, upon voucher certified by the department of revenue of the amount of such tax paid upon complying with the applicable conditions and provisions of this section.

(II) Notwithstanding any other provision of this section, no person shall be entitled to a refund on purchases of gasoline or special fuel in quantities of less than twenty gallons.

(III) The executive director of the department of revenue shall calculate the amount of the refund allowed by subparagraph (I) of this paragraph (a) for gasoline or special fuel use in accordance with the industry-specific percentages of such fuel use exempted by said subparagraph (I) that can be justified by studies done by industries that use the fuel for such exempt purposes, studies done by other states for refunds of tax imposed on the fuel used for such exempt purposes, or studies done by the department about the historical fuel usage for such exempt purposes. The executive director shall set such percentages by rule promulgated in accordance with article 4 of title 24, C.R.S.

(a.1) Repealed.

(a.3) (I) Any person who purchases or uses gasoline for the propulsion of an aircraft shall be entitled to a refund by the controller if:

(A) The use of such gasoline in such aircraft is subject to the excise tax levied pursuant to section 39-27-102 (1)(a)(IV)(A); and

(B) The excise tax actually paid was the excise tax levied pursuant to any provision of section 39-27-102 (1)(a), excluding section 39-27-102 (1)(a)(IV)(A).

(II) The amount of such refund shall be the difference between the amount actually paid and the amount that should have been paid pursuant to section 39-27-102 (1)(a)(IV) as certified by the department of revenue.

(b) All applicants claiming a refund under the provisions of this section shall obtain a refund permit from the department of revenue by application therefor on such forms as it prescribes. Such permits shall be obtained before or at the time the first application for refund is made. The application shall be made under oath and shall contain, among other things, the name, address, and occupation of the applicant, and the nature of the business, and a sufficient description of the machines and equipment in which the gasoline or special fuel is to be used for which a refund may be claimed. Upon approval of the application, the department of revenue shall issue to the applicant a refund permit number, and refund claim forms with the approved exemption percentage to calculate the amount of the refund allowed. The department shall make additional copies of the application for refund forms available to dealers. It is the duty of the department of revenue to keep a record for twenty-four months of all permits issued and cumulative records of the amount of refund claimed and paid thereon.

(c) Refund permits shall be canceled by the department of revenue if no claim is filed by the permit holder for a period of twenty-four months. If any person makes any false statement in an application for a permit or upon any claim for refund or submits with any claim for refund an invoice that does not represent a bona fide purchase of gasoline or special fuel at the time and place and in the quantity indicated on the invoice, or if any dealer or other person prepares an invoice that does not represent a bona fide sale of gasoline or special fuel at the time and place and in the quantity indicated in the invoice, or if any person uses gasoline or special fuel on which refunds are claimed in any motor vehicle on the public highways of this state, except as provided in subsection (2) of this section, said person or dealer commits a class 2 misdemeanor. In addition, the executive director shall forthwith cancel the permit of such person, and such person shall not be issued a new permit within one year after such cancellation.

(d) Application for a refund under this section must be made within twelve months after the date of purchase of the gasoline or special fuel but not more than once each calendar quarter. Such application must be made on forms prescribed and furnished by the executive director of the department of revenue, which contain any information as the executive director may deem necessary. At the time of making each sale and delivery of gasoline or special fuel upon which a refund of tax may be claimed, the dealer shall prepare an invoice, in duplicate, in a form approved by the executive director and containing such information as the executive director may deem necessary and carrying a serial number that shall not be repeated through any one calendar year. No additional invoices covering the same sale and delivery of gasoline or special fuel shall be issued by the dealer. The original copy of such invoice shall be delivered to the purchaser of the gasoline or special fuel, and, upon payment in full of such invoice, the dealer shall enter thereon the dealer's full name and a notation showing payment thereof. With respect to invoices covering the sale and delivery of gasoline or special fuel to the state or those political subdivisions of the state specified in subsection (2) of this section, it is not necessary for the dealer to enter the dealer's name and the notation showing payment thereof. Upon proper application, refund is made directly to such political subdivisions upon presentation of the completed refund claim form. Original invoices together with a certification of the date and number of the warrant by which such invoices were paid must be retained by such political subdivisions for a period of twenty-four months. The duplicate copy of the invoice must be retained by the dealer for a period of twenty-four months at the place of business where issued, and such duplicate invoices and other records of the dealer shall be available for examination by the executive director or the executive director's representatives. The executive director shall make demand for repayment of any refund of tax that has been illegally or erroneously made to any person, and the executive director is authorized to request the attorney general or any district attorney of the state to institute a suit for collection of any money illegally or erroneously refunded to any person.

(e) Except as provided in subsection (2.5) of this section, no refund shall be claimed by or allowed to any person on account of any gasoline or special fuel carried from this state in the ordinary fuel tank of a motor vehicle or aircraft. The application for a refund must be made by the same person who purchased the gasoline or special fuel upon which the tax imposed by this part 1 has been paid as shown in the invoice of the seller thereof. The right of any person to a refund under this part 1 shall not be assignable. No refund of the gasoline or special fuel tax shall be claimed by or allowed to any person on any gasoline or special fuel used for propelling motor vehicles operated in whole or in part during the calendar year upon public highways of the state or upon the streets of any city or town in the state, except as otherwise provided in this subsection (3) or subsection (2) of this section.

(f) (Deleted by amendment, L. 2002, p. 553, § 2, effective May 24, 2002.)

(4) Any applicant for refund under the provisions of this section who willfully makes any false statement in connection with an application for a permit or an application for a refund of any taxes, or who uses the gasoline or special fuel other than as stated in the permit and application, shall be punished as provided by section 39-21-118, and by suspension or revocation of his or her permit or license. These penalties shall be in addition to any other penalty imposed by this part 1. If any applicant for refund under the provisions of this section makes any false statement on any application for permit or credit for refund, or submits any invoices on which erasures, changes, alterations, or additions have been made, or that are otherwise incorrect, the executive director shall cancel all or part of any pending claim for refund of such applicant and shall also deduct from any subsequent claims an amount equal to one hundred percent of the amount claimed on any altered or incorrect invoice.

(5) If any person is convicted under the provisions of this section, such conviction shall be prima facie evidence that all refunds received by such person during the current year were obtained unlawfully, and the executive director is empowered to bring appropriate action for recovery of such refunds. A brief summary statement of the above mentioned penalties shall be printed on each form of permit and application for refund.

(6) and (7) Repealed.
C.R.S. § 39-21-117 — CO Code / Title 39 / Article 21 / Part 1 / Section 39-21-117
39-21-117. Saving clause
Status: in_force

39-21-117. Saving clause. The provisions of section 13-52-108, C.R.S., shall not apply to methods of enforcing collections provided in this article.
C.R.S. § 39-2-108 — CO Code / Title 39 / Article 2 / Section 39-2-108
39-2-108. Rules and regulations
Status: in_force

39-2-108. Rules and regulations. The administrator shall adopt rules and regulations governing proceedings and hearings pursuant to the provisions of article 4 of title 24, C.R.S., which rules and regulations shall be subject to legislative review pursuant to section 24-4-103 (8)(d), C.R.S.
C.R.S. § 39-3-128 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-128
39-3-128. Exempt property listed and valued
Status: in_force

39-3-128. Exempt property listed and valued. It is the duty of the assessor to list, appraise, and value all real property exempted from the levy and collection of property tax pursuant to the provisions of sections 39-3-106 to 39-3-113.5 or 39-3-116, and such information shall be entered in the same detail as required for taxable property.
C.R.S. § 39-22-108.5 — CO Code / Title 39 / Article 22 / Part 1 / Section 39-22-108.5
39-22-108.5. Dual resident trusts - income tax calculation
Status: in_force

39-22-108.5. Dual resident trusts - income tax calculation. (1) With respect to a trust that is a resident of another state and becomes a resident of Colorado after May 25, 2006, and that is subject to income taxes in the other state and in Colorado by virtue of the trust's dual residence, the executive director shall, in lieu of the credit granted in section 39-22-108 (1), allow a credit to the Colorado income tax to be determined in accordance with this section.

(2) The credit amount shall be equal to the Colorado income tax imposed on the portion of the trust's income that is subject to tax in Colorado and the other state, multiplied by a percentage equal to the other state's income tax rate for the income tax year divided by the sum of the income tax rates of Colorado and the other state for the income tax year.

(3) If the credit amount in subsection (2) of this section is computed using more than one other state, the percentage used shall equal the combined total of all the other states' income tax rates for the income tax year divided by the combined income tax rates of Colorado and the other states for the income tax year.

(4) For purposes of this section, "state income tax rate" means the trust's state income tax liability divided by the trust's taxable income used to compute the state income tax liability.

(5) The provisions of section 39-22-108 (3), (4), and (5) shall apply to this section.
C.R.S. § 39-2-114 — CO Code / Title 39 / Article 2 / Section 39-2-114
39-2-114. Reappraisal - when - procedures
Status: in_force

39-2-114. Reappraisal - when - procedures. (1) Whenever the administrator petitions the state board of equalization for its order of reappraisal of any class or subclass of taxable property for the following taxable year, the administrator shall send a copy of such petition to the assessor of the county in which such class or subclass of taxable property is located. The petition of reappraisal shall include the reasons for such reappraisal, and the administrator has the duty to establish to the satisfaction of the state board of equalization the need for such reappraisal. The state board of equalization shall conduct a hearing on such petition, at which hearing the assessors shall attend and shall give such testimony and present such evidence as the state board of equalization may require.

(2) At the hearing on the petition for reappraisal, the affected county assessor shall have the opportunity to appear, to produce testimony and evidence, and to cross-examine witnesses. The decision of the state board of equalization shall be delivered in writing no later than the close of business on November 15.

(3) If such reappraisal is ordered by the state board of equalization, the property tax administrator shall direct the staff of the division of property taxation, working jointly with the assessor of such county, to reappraise such property, and the value so determined shall be the actual value of the taxable property in such county for the next taxable year. The results of the reappraisal shall be filed with the property tax administrator no later than the close of business on the last working day in May of the year in which the reappraised values shall be effective, and a copy thereof shall be filed with the assessor.

(4) The affected assessor, board of county commissioners, town, city, school district, or special district, or any taxpayer resident therein, or any of them, may appeal the reappraised value to the state board of equalization by petition filed with the state board of equalization no later than the tenth day of June next following. Upon appeal, the assessor and any other petitioner shall have the right to appear, produce testimony and evidence, and cross-examine witnesses.

(5) The state board of equalization may affirm, rescind, or modify the reappraised values appealed, and shall enter its written order thereof no later than the first day of July next following.
C.R.S. § 39-7-105 — CO Code / Title 39 / Article 7 / Section 39-7-105
39-7-105. Assessor to examine books, records
Status: in_force

39-7-105. Assessor to examine books, records. The assessor has the authority and right at any time to examine the books, accounts, and records of any person owning or operating such oil and gas leaseholds and lands in order to verify the statement filed by such person, and, if from such examination he finds such statement or any material part thereof to be willfully false and misleading, he shall proceed to value such oil and gas leaseholds or lands for assessment as though no statement had been filed.
C.R.S. § 39-26-106 — CO Code / Title 39 / Article 26 / Part 1 / Section 39-26-106
39-26-106. Schedule of sales tax
Status: repealed

39-26-106. Schedule of sales tax.

(1) (a) (I) Repealed.

(II) Except as otherwise provided in section 39-26-901, on and after January 1, 2001, there is imposed upon all sales of commodities and services specified in section 39-26-104 a tax at the rate of two and ninety one-hundredths percent of the amount of the sale to be computed in accordance with schedules or systems approved by the executive director of the department of revenue. Said schedules or systems must be designed so that no such tax is charged on any sale of seventeen cents or less.

(b) Notwithstanding the three percent rate provisions of paragraph (a) of this subsection (1), for the period May 1, 1983, through July 31, 1984, the rate of the tax imposed pursuant to this subsection (1) shall be three and one-half percent.

(2) (a) Except as provided in paragraph (b) of this subsection (2), retailers shall add the tax imposed, or the average equivalent thereof, to the sale price or charge, showing such tax as a separate and distinct item, and when added such tax shall constitute a part of such price or charge and shall be a debt from the consumer or user to the retailer until paid and shall be recoverable at law in the same manner as other debts. The retailer shall be entitled, as collecting agent of the state, to apply and credit the amount of the retailer's collections against the rate to be paid by the retailer under the provisions of section 39-26-105, remitting any excess of collections over said rate, less the fee retained by the retailer for the collection and remittance of the tax pursuant to said section, to the executive director of the department of revenue in the retailer's next monthly sales tax return.

(b) Any retailer selling malt, vinous, or spirituous liquors by the drink or any vendor selling individual items of personal property through coin-operated vending machines may include in his sales price the tax levied under this part 1; except that no such retailer shall advertise or hold out to the public in any manner, directly or indirectly, that such tax is not included as a part of the sales price to the consumer. The schedule set forth in subsection (1) of this section shall be used by such retailer in determining amounts to be included in such sales price. No such retailer shall gain any benefit from the collection or payment of such tax, except as permitted in section 39-26-105 (1), nor shall the use of the schedule set forth in subsection (1) of this section relieve such retailer from liability for payment of the full amount of the tax levied by this part 1.

(3) Repealed.
C.R.S. § 39-3.5-107 — CO Code / Title 39 / Article 3.5 / Section 39-3.5-107
39-3.5-107. Repayment of loans - release of liens - disposition of payments
Status: in_force

39-3.5-107. Repayment of loans - release of liens - disposition of payments. (1) On and after the date of payment by the state treasurer to the county treasurer as provided in section 39-3.5-106, the right to receive repayment of a loan for deferred taxes and to enforce the lien created by deferral shall be vested in the state treasurer.

(2) A taxpayer must tender repayments of a loan for deferred taxes to the state treasurer, and the state treasurer shall give the taxpayer a receipt therefor. A county treasurer shall not accept a repayment.

(3) Promptly upon receiving repayment of a loan for deferred taxes, the state treasurer shall issue a release of the deferred tax lien, which release shall be given or sent to the person making payment. Copies of the release shall be sent to the treasurer and the assessor.

(4) All interest received in payment for a loan for deferred taxes shall be credited to the general fund by the state treasurer.
C.R.S. § 39-27-306 — CO Code / Title 39 / Article 27 / Part 3 / Section 39-27-306
39-27-306. Tax and fee collection
Status: in_force

39-27-306. Tax and fee collection. (1) The agreement may require the department to perform audits of licensees or persons required to be licensed and who are based in this state to determine whether motor fuel taxes and fees to be collected under the agreement have been reported properly and paid to each jurisdiction that is a party to the agreement. The agreement may authorize other jurisdictions to perform audits on licensees or persons required to be licensed and who are based in such other jurisdictions on behalf of the state of Colorado and forward the audit findings to the department. Such findings may be served upon the licensee or such other person in the same manner as audits performed by the department.

(2) The agreement shall not preclude the department from auditing the records of any person who has used motor fuels in this state. Any licensee or person required to be licensed from whom the department has requested records shall make the records available at the location designated by the department or may request the department to audit such records at that licensee's or person's place of business. If the place of business is located outside this state, the department may require the licensee or such other person to reimburse the department for authorized per diem and travel expenses.
C.R.S. § 39-22-2903 — CO Code / Title 39 / Article 22 / Part 29 / Section 39-22-2903
39-22-2903. Repeal of part
Status: repealed

39-22-2903. Repeal of part. This part 29 is repealed, effective January 1 of the income tax year following the year in which the executive director files written certification with the revisor of statutes that the Alzheimer's Association fund voluntary contribution will no longer appear on the individual income tax return form due to a failure to meet the requirements of section 39-22-1001 (5)(a).
C.R.S. § 39-30-107.5 — CO Code / Title 39 / Article 30 / Section 39-30-107.5
39-30-107.5. Taxable property valuations - sales taxes - incentives - definitions
Status: repealed

39-30-107.5. Taxable property valuations - sales taxes - incentives - definitions. (1) (a) Notwithstanding any law to the contrary, any special district, county, municipality, or city and county within an enterprise zone may negotiate with any taxpayer who qualifies for a credit pursuant to section 39-30-105.1 for an incentive payment or credit equal to not more than the amount of the taxes levied upon the taxable property of the taxpayer; but in no instance shall any such negotiation result in such an incentive payment or credit which is greater than the difference between the current property tax liability and the tax liability for the same property for the year preceding the year in which the enterprise zone was approved.

(b) A special district shall not enter into an agreement pursuant to the provisions of this subsection (1) unless, prior to or simultaneous with the execution of the agreement, the taxpayer also enters into an agreement with a municipality or county pursuant to this section.

(2) Notwithstanding any law to the contrary, any county, municipality, or city and county within an enterprise zone may negotiate with any taxpayer who qualifies for a credit pursuant to section 39-30-105.1 a refund of the sales taxes levied by such county, municipality, or city and county for the purchase of equipment, machinery, machine tools, or supplies used in the taxpayer's business in the enterprise zone.

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

(a) and (b) Repealed.

(c) "Special district" means a special district as defined in section 32-1-103 (20), C.R.S.
C.R.S. § 39-3.5-105 — CO Code / Title 39 / Article 3.5 / Section 39-3.5-105
39-3.5-105. Listing of tax-deferred property - tax as lien - interest accrual
Status: repealed

39-3.5-105. Listing of tax-deferred property - tax as lien - interest accrual. (1) If eligibility for deferral of homestead property is established as provided in this article 3.5, the state treasurer shall issue a certificate of deferral, which includes the name of the taxpayer, the description of the property, the amount of tax deferred, and the year for which the deferral was granted, and record the certificate of deferral with the county clerk and recorder in the county where the property is located. The state treasurer shall notify the county treasurer of a property's eligibility and provide the county treasurer with the certificate of deferral, and the county treasurer shall:

(a) Enter in the county treasurer's records a notation that the property is tax-deferred;

(b) (I) Retain one copy in the county treasurer's office.

(II) Promptly, upon designation of a mobile home as tax-deferred, the owner of the mobile home shall surrender title to the property to the state treasurer. The county clerk and recorder shall, pursuant to the provisions of article 29 of title 38, make application with the department of revenue for issuance of a new certificate of title with a record of the lien of the state treasurer. This procedure shall be followed for each subsequent year that the property is deferred. Upon satisfaction of the lien, the state treasurer shall release the lien from the title.

(1.5) Notwithstanding any provision of law to the contrary, a county clerk and recorder shall not charge a fee for recording the certificate of deferral in accordance with subsection (1) of this section.

(2) Notwithstanding the requirements of section 39-1-119 (1), if a person holding escrow funds for the payment of ad valorem taxes receives a copy of the certificate of deferral relating to any tax-deferred property, he shall, no later than thirty days after receiving said certificate, refund to the owner of said property all funds held in escrow for the payment of ad valorem taxes on said property which have been deferred.

(3) Until otherwise required by this article, the county treasurer shall, in subsequent years, continue to list the property as tax-deferred in the manner provided in subsection (1) of this section.

(4) (a) The lien for deferred taxes and interest shall attach on the date of recordation of the certificate for deferral, shall be junior to any mortgage or deed of trust recorded prior to the date of recording of such certificate, shall have priority over all liens attaching subsequent to the date of recording of such certificate, and shall not be foreclosed except as provided in sections 39-3.5-110 to 39-3.5-112.

(b) The lien for deferred taxes and interest for 1978 deferred taxes shall attach on the date of recordation of the certificate of deferral, shall be junior to any mortgage or deed of trust recorded prior to the date of recording of such certificate, shall have priority over all liens attaching subsequent to the date of recording of such certificate, and shall not be foreclosed except as provided in sections 39-3.5-110 to 39-3.5-112.

(5) (a) Repealed.

(b) On and after May 1, 1999, interest shall accrue on all taxes deferred pursuant to deferrals claimed prior to the 1999 calendar year at the rate of seven percent per annum until the date on which such taxes are paid. Interest shall accrue on all taxes deferred pursuant to deferrals claimed on and after January 1, 1999, but prior to January 1, 2001, at the rate of seven percent per annum, beginning May 1 of the calendar year in which the deferral is claimed, until the date on which such taxes are paid.

(c) Interest shall accrue on all taxes deferred pursuant to all deferrals claimed on and after January 1, 2001, at a rate equivalent to the rate per annum on the most recently issued ten-year United States treasury note, rounded to the nearest one-tenth of one percent, as reported by the "Wall Street Journal", as of February 1 of the calendar year in which such deferral is claimed. Interest shall accrue on taxes deferred at the rate specified in this paragraph beginning May 1 of the calendar year in which the deferral is claimed until the date on which such taxes are paid.
C.R.S. § 39-22-345 — CO Code / Title 39 / Article 22 / Part 3 / Section 39-22-345
39-22-345. Owner exclusion
Status: in_force

39-22-345. Owner exclusion. The basis in the hands of an electing pass-through entity owner in the interest in the partnership or the stock or indebtedness in the S corporation is determined as if the election under section 39-22-343 had not been made.
C.R.S. § 39-26-901 — CO Code / Title 39 / Article 26 / Part 9 / Section 39-26-901
39-26-901. Temporary adjustment of rates of state sales and use taxes - refund of excess st
Status: repealed

39-26-901. Temporary adjustment of rates of state sales and use taxes - refund of excess state revenues - legislative declaration - definition - repeal. (1) (a) If, for any state fiscal year commencing on or after July 1, 2024, but before July 1, 2034, the estimated amount of state revenues in excess of the limitation on state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution that are required to be refunded for the state fiscal year is greater than one billion five hundred million dollars, the executive director shall temporarily reduce, for the following state fiscal year, the state sales tax rate set forth in section 39-26-106 and the state use tax rate set forth in section 39-26-202 by thirteen one-hundredths of one percent.

(b) (I) The calculation of the estimated amount of excess state revenues for a state fiscal year required by subsection (1)(a) of this section is based on the March economic and revenue forecast that is selected by the joint budget committee as the basis for the state's budget for the following state fiscal year.

(II) For each state fiscal year commencing on or after July 1, 2025, the executive director shall annually adjust the excess state revenue amount specified in subsection (1)(a) of this section by a percentage equal to the percentage of allowable increase in state fiscal year spending calculated pursuant to section 24-77-103 (2)(a)(I) for the state fiscal year for which the excess state revenue must be refunded.

(c) The temporary state sales and use tax rate reduction in subsection (1)(a) of this section takes effect only if the amount of excess state revenues required to be refunded for a state fiscal year exceeds the total of the amount of reimbursement for property tax revenues lost as a result of both the property tax exemptions allowed by part 2 of article 3 of this title 39 and the reduced valuation for assessment of qualified-senior primary residence real property pursuant to sections 39-1-104.2 and 39-1-104.6 that is paid by the state treasurer to each county treasurer as required by section 39-3-207 (4) or 39-1-104.6 (9)(c) for the property tax year that commenced during the state fiscal year plus the estimated amount by which state revenues will be decreased as the result of a reduction in the state individual income tax rate required by section 39-22-627.

(2) If, at a statewide election, voters authorize the state to retain and spend all or any portion of an amount of excess state revenues for a state fiscal year that was equal to or exceeded the amount specified in subsection (1)(a) of this section, and therefore required a reduction of the state sales and use tax rates, so that the amount of remaining excess state revenues is less than the amount specified in subsection (1)(a) of this section, the executive director shall restore the state sales and use tax rates to the standard rates imposed by section 39-26-106 (1) or 39-26-202 (1) beginning on January 1 of the following calendar year. Any amount refunded by such a reduction in the state sales and use tax rates constitutes an over-refund as defined in section 24-77-103.7 (1).

(3) As used in this part 9, unless the context otherwise requires, "excess state revenues" means the total amount of the state revenues for the state fiscal year in excess of the limitation on state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution that voters statewide have not authorized the state to retain and spend and that the state is required to refund under section 20 (7)(d) of article X of the state constitution, including any adjustment for amounts specified in section 24-77-103.7 or 24-77-103.8.

(4) Any temporary state sales and use tax rate reduction pursuant to subsection (1) of this section does not affect the calculation of the amount of:

(a) The vendor fee credited to the housing development grant fund in accordance with section 39-26-123 (3)(b);

(b) The state sales tax increment revenue for regional tourism zones in accordance with part 3 of article 46 of title 24; or

(c) The aviation fund created in section 43-10-109.

(5) The general assembly finds and declares that temporary state sales and use tax rate reductions are reasonable methods of refunding a portion of the excess state revenues required to be refunded in accordance with section 20 (7)(d) of article X of the state constitution.

(6) This section is repealed, effective July 1, 2035.
C.R.S. § 39-22-525 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-525
39-22-525. Contributions to Colorado institute of technology - credit against tax
Status: repealed

39-22-525. Contributions to Colorado institute of technology - credit against tax. (Repealed)
C.R.S. § 39-29-115 — CO Code / Title 39 / Article 29 / Section 39-29-115
39-29-115. Penalties and interest
Status: in_force

39-29-115. Penalties and interest. (1) Any person who fails to file a report or to pay the tax due thereon shall pay a penalty of thirty percent of the tax assessed or thirty dollars, whichever is greater, and the interest due under the provisions of section 39-21-110.5.

(1.5) Any person who fails to withhold income and make a payment required pursuant to section 39-29-111 shall pay a penalty of up to thirty percent of the required payment or thirty dollars, whichever is the greater amount, and the interest due under the provisions of section 39-21-110.5. Any person who withholds income pursuant to section 39-29-111 and who fails to file the annual report required by the rules promulgated by the department of revenue related to such withholding shall pay a penalty of up to fifteen percent of the amount of withholding that should have been reflected in the report or one thousand five hundred dollars, whichever is the lesser amount. The penalty set forth in this subsection (1.5) for failing to withhold income and make a payment shall not apply if the income was from a well that qualified for the exemption set forth in section 39-29-105 (1)(b) for the prior taxable year.

(2) Tax assessed pursuant to an error contained on a previously filed return which was due to negligence or disregard of the law shall have added thereto:

(a) A penalty of ten percent of the tax assessed; and

(b) Penalty interest of one-half of one percent per month, in addition to the interest due under section 39-21-110.5, on the tax assessed.

(3) (a) Except as set forth in paragraph (b) of this subsection (3), if any person fails, neglects, or refuses to file a report required by this article, the executive director may, upon such information as may be available to him, estimate the amount of tax due for the period for which no report was filed, with applicable penalties and interest, and mail such estimate to the last-known address of such person. The amount so estimated, together with the penalties and interest, shall become fixed, due, and payable, as if such person had filed a report showing such amounts unless, within ten days after receiving the estimate, such person files a true and correct report for the period and pays the tax, penalty, and interest due thereon.

(b) The executive director shall not send an estimate for a taxable year pursuant to paragraph (a) of this subsection (3) to a person who has less than two hundred fifty dollars withheld by all unit operators or first purchasers for the taxable year pursuant to section 39-29-111 (1), unless the executive director has good cause to believe that such person does not qualify for the exception to the filing requirement set forth in section 39-29-112 (7).

(4) The executive director may waive, for good cause shown, any of the penalties authorized by this section.
C.R.S. § 39-22-1901 — CO Code / Title 39 / Article 22 / Part 19 / Section 39-22-1901
39-22-1901. Legislative declaration
Status: in_force

39-22-1901. Legislative declaration. The general assembly hereby finds and declares that there is no veterans' cemetery to serve the military veterans who reside on the western slope of Colorado. The general assembly believes that the state owes a duty to all of its military veterans to assist in providing adequate burial facilities close to where surviving relatives of deceased military veterans reside. The general assembly further finds that the federal department of veterans affairs will reimburse the state for one hundred percent of the costs to establish, expand, or improve a state veterans' cemetery. The general assembly further recognizes that citizens of Colorado may be willing to provide additional funds for the operation and maintenance of such cemetery if given the opportunity. Therefore, the general assembly has enacted this part 19 to provide funding to the western slope military veterans' cemetery fund through voluntary contributions on state individual income tax returns.
C.R.S. § 39-12-101 — CO Code / Title 39 / Article 12 / Section 39-12-101
39-12-101. Limitation of actions for recovery of land
Status: in_force

39-12-101. Limitation of actions for recovery of land. No action for the recovery of land for which a tax deed was issued under the provisions of article 11 of this title for delinquent taxes shall lie unless the same is brought within five years after the execution and delivery of the deed therefor by the treasurer, any laws to the contrary notwithstanding; except that, when any owner of such land, for which a tax deed has been issued, at the time of the execution and delivery of the deed by the treasurer is under legal disability, it shall be lawful for him to bring a suit or action for the recovery of the land within the period during which he has the right to make redemption of such land from the tax sale upon which the deed is based. When a recovery of any of such land is effected in any suit, action, or proceeding, the value of all improvements made in good faith on such lands, and all sums paid for the tax lien on said land and for improvements, and all costs incident to the issuance and recording of the treasurer's deed, and all taxes and assessments paid thereon after the sale of the tax lien thereof, including the redemption value of all tax sale certificates redeemed, held, or surrendered for redemption by the grantee in such treasurer's deed or his heirs or assigns, shall be ascertained by the court or jury trying the action for recovery and shall be paid, together with interest thereon at the rate of twelve percent per annum, by the person recovering said land to the persons entitled thereto, and the payment of such sum shall be a condition precedent to the entry of judgment or decree in such suit, action, or proceeding. All such treasurer's deeds executed by the treasurer purporting to convey lands and improvements thereon for all purposes shall be deemed to be color of title from and after the time the same is recorded in the office of the county clerk and recorder for the county in which said lands are located. The term "improvements" includes sums and amounts of money expended thereon in good faith by the grantee and his successors and assigns in search of minerals and oil, as well as other expenditures for the improvements of such lands which add to the cost and value thereof.
C.R.S. § 39-22-124 — CO Code / Title 39 / Article 22 / Part 1 / Section 39-22-124
39-22-124. Tax credit against state taxes - legislative declaration - hearings and appeals
Status: repealed

39-22-124. Tax credit against state taxes - legislative declaration - hearings and appeals. (Repealed)
C.R.S. § 39-2-125 — CO Code / Title 39 / Article 2 / Section 39-2-125
39-2-125. Duties of the board - board of assessment appeals cash fund - creation - acceler
Status: repealed

39-2-125. Duties of the board - board of assessment appeals cash fund - creation - accelerated appeal cash fund. (1) The board of assessment appeals shall perform the following duties, such performance to be in accordance with the applicable provisions of article 4 of title 24, C.R.S.:

(a) Adopt procedures of practice before and procedures of review by the board;

(b) (I) Hear appeals from orders and decisions of the property tax administrator filed not later than thirty days after the entry of any such order or decision.

(II) Such hearings shall include evidence as to the rationale of such order or decision and the detailed data in support thereof.

(c) Hear appeals from decisions of county boards of equalization filed not later than thirty days after the entry of any such decision;

(d) Repealed.

(e) Hear appeals from determinations by county assessors when a county board of equalization or an assessor has failed to respond within the time provided by statute to an appeal properly filed by a taxpayer;

(f) Hear appeals from decisions of boards of county commissioners filed not later than thirty days after the entry of any such decision when a claim for refund or abatement of taxes is denied in full or in part;

(g) Repealed.

(h) Collect any filing fee that shall accompany a taxpayer's request for a hearing before the board pursuant to this section. All fees collected by the board shall be transmitted to the state treasurer, who shall credit the same to the board of assessment appeals cash fund, which fund is hereby created in the state treasury and referred to in this paragraph (h) as the "cash fund". All moneys credited to the cash fund shall be used in accordance with the requirements of this section and shall not be deposited in or transferred to the general fund of this state or any other fund. The moneys credited to the cash fund shall be available for appropriation by the general assembly to the board of assessment appeals in the annual general appropriation act. In making the annual appropriation to the board of assessment appeals under the annual general appropriation act, the general assembly shall consider available revenues and reserve balances in the cash fund. Any interest earned on amounts in the cash fund shall be credited to the cash fund. Any request for a hearing before the board pursuant to sections 39-2-117 (5)(b), 39-4-108 (8), 39-8-108 (1), and 39-10-114.5 (1) shall be accompanied by a nonrefundable filing fee as follows:

(I) For any person other than a taxpayer pro se, a fee of one hundred one dollars and twenty-five cents for each tract, parcel, or lot of real property and for each schedule of personal property included in such request; except that, if any request for a hearing before the board involves more than one tract, parcel, or lot owned by the same taxpayer and involves the same issue regarding the valuation of such real property, only one filing fee shall be required for such request for a hearing.

(II) For any person who is a taxpayer pro se, for the first two requests for a hearing within a fiscal year, the taxpayer shall not be required to pay a filing fee, and for each additional request within such fiscal year, a fee of thirty-three dollars and seventy-five cents for each tract, parcel, or lot of real property, and for each schedule of personal property included in such request; except that, if any request for a hearing before the board involves more than one tract, parcel, or lot owned by the same taxpayer and involves the same issue regarding the valuation of such real property, only one filing fee shall be required for such request for a hearing.

(1.5) As used in this section, notwithstanding any other law, "taxpayer pro se" includes the trustee of a trust.

(2) Complaints filed by the property tax administrator shall be advanced on the calendar and shall take precedence over other matters pending before the board.

(2.5) (a) Along with complaints described in subsection (2) of this section, a taxpayer's appeal concerning the valuation of rent-producing commercial real property pursuant to section 39-8-108 (1) is advanced on the calendar and takes precedence over other matters pending before the board, if:

(I) The taxpayer files a written letter of objection and protest under section 39-5-122 (2) or 39-5-122.7 (2) and, on or before July 15 of the same calendar year, the taxpayer provides to the assessor the information described in section 39-8-107 (5)(a)(I);

(II) The taxpayer requests the prioritization under this subsection (2.5) at the time the appeal is filed with the board; and

(III) The assessor, upon issuing the written determination regarding the objection and protest required by section 39-5-122 (2) or 39-5-122.7 (2), verifies that the taxpayer has met the requirements of subsections (2.5)(a)(I) and (2.5)(a)(II) of this section.

(b) The board of assessment appeals may charge a fee to a taxpayer whose appeal is advanced pursuant to this subsection (2.5). The fee must be:

(I) Based upon the board of assessment appeals' actual costs in advancing the taxpayer's appeal; and

(II) Deposited in the accelerated appeal cash fund, which is hereby created in the state treasury. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Money in the fund is continuously appropriated to the board of assessment appeals to defray the costs associated with advancing a taxpayer's appeal.

(3) Effective January 1, 1983, the consideration of a property's market value in the ordinary course of trade and the comparison of a property with other properties of known or recognized value by the board when considering the market approach to appraisal in its review of the determination of a property's actual value are subject to the provisions of section 39-1-103 (8).
C.R.S. § 39-1-101 — CO Code / Title 39 / Article 1 / Section 39-1-101
39-1-101. Legislative declaration
Status: in_force

39-1-101. Legislative declaration. The general assembly declares that its purpose in enacting articles 1 to 13 of this title is to exercise the authority granted in section 3 of article X of the state constitution wherein it is provided, among other things, that "the actual value of all real and personal property not exempt from taxation under this article shall be determined under general laws, which shall prescribe such methods and regulations as shall secure just and equalized valuations for assessment of all real and personal property not exempt from taxation under this article". It further declares that it intends to fix the percentage of such determined actual value at which all such property shall be assessed for taxation. It further declares that the actual value of certain classes of real property may not be able to be determined after appropriate consideration of the three approaches to value; therefore, it is incumbent upon the general assembly to provide for a means to determine the actual value of such taxable property, and, to effect this result, the general assembly hereby finds and declares that, when appropriate consideration of the three approaches to value fails to derive an actual value for such property, the actual value of such property shall be determined by comparison of the surface use of such property to property with a similar surface use. It further declares that the actual value of nonproducing oil, gas, and oil and gas mineral interests shall be determined by the income approach capitalizing annual net rental income at an appropriate market rate. To these ends, the provisions of said articles shall be strictly construed.
C.R.S. § 39-22-201 — CO Code / Title 39 / Article 22 / Part 2 / Section 39-22-201
39-22-201. Partners, not partnership, subject to tax
Status: in_force

39-22-201. Partners, not partnership, subject to tax. A partnership as such shall not be subject to tax under this article. Persons carrying on business as partners shall be liable for the tax and the alternative minimum tax under this article only in their separate or individual capacities.
C.R.S. § 39-22-529 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-529
39-22-529. Business expense deduction - labor services - unauthorized alien - definitions
Status: in_force

39-22-529. Business expense deduction - labor services - unauthorized alien - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Labor services" means the physical performance of services in this state.

(b) "Unauthorized alien" shall have the same meaning as set forth in 8 U.S.C. sec. 1324a (h)(3), as amended.

(2) On or after January 1, 2008, no wages or remuneration for labor services paid to an unauthorized alien of six hundred dollars or more in a year shall be claimed as a deductible business expense for state income tax purposes by a taxpayer who, at the time the taxpayer hired the unauthorized alien, knew of the unauthorized status of the alien. The provisions of this subsection (2) shall apply regardless of whether an internal revenue service form 1099-MISC is issued in conjunction with the wages or remuneration.

(3) This section shall not apply to:

(a) Any business domiciled in the state that is exempt from compliance with federal employment verification procedures under federal law that makes the employment of unauthorized aliens unlawful;

(b) Any individual hired by the taxpayer before December 31, 2006;

(c) Any taxpayer where the individual being paid is not directly compensated or employed by the taxpayer; or

(d) Wages or remuneration paid for labor services to any individual who holds and presents to the taxpayer a valid license or identification card issued by the department of revenue.

(4) The executive director is authorized to prescribe forms and promulgate rules that are necessary to administer this section.
C.R.S. § 39-22-507.5 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-507.5
39-22-507.5. Credits against tax - investment in certain property - repeal
Status: repealed

39-22-507.5. Credits against tax - investment in certain property - repeal. (1) Except as otherwise provided in this section, there shall be allowed to any person as a credit against the tax imposed by this article 22, for income tax years commencing on or after January 1, 1979, but prior to January 1, 2023, an amount equal to the total of:

(a) Investment tax credit carryovers claimed by such person for such taxable year;

(b) Ten percent of that part of the credit allowed for the same income tax year by section 38 of the internal revenue code, as determined under the provisions of section 46 of the internal revenue code, without regard to the limitations imposed by said section 38, to the extent such part of such credit is determined by reference to property which is used in Colorado; and

(c) Investment tax credit carrybacks claimed by such person for such taxable year.

(1.5) For taxable years beginning on or after January 1, 1987, the provisions of paragraph (b) of subsection (1) of this section shall apply only with respect to taxes imposed by part 3 of this article.

(2) The executive director shall promulgate regulations which will prescribe the extent to which property must be used in Colorado to qualify for the credit allowed under the provisions of subsection (1) of this section, which regulations shall include a method or methods of determining what portion of the property shall qualify in the case of property which is used both within and without Colorado.

(3) The credit allowed by this section for any income tax year shall not exceed:

(a) The taxpayer's actual tax liability for the income tax year to the extent such liability does not exceed five thousand dollars; plus

(b) Twenty-five percent of that portion of said tax liability for the income tax year which exceeds five thousand dollars.

(4) Repealed.

(5) In the case of a "controlled group of corporations", as defined in section 1563 (a) of the internal revenue code, the five thousand dollars specified in subsection (3) of this section shall be apportioned among the members of the controlled group as they may elect. The election shall apply to the income tax year of the members of the controlled group ending with or including a common December 31. Should such members fail to agree on an allocation of the five thousand dollars, said five thousand dollars shall be divided equally among all members of the controlled group.

(6) In the case of a regulated investment company or a real estate investment trust, the five thousand dollars referred to in subsection (3) of this section shall be reduced to an amount which shall be five thousand dollars multiplied by the taxable income for the income tax year and divided by the taxable income for the income tax year plus the amount of the deduction for dividends paid.

(7) If the amount of the credit allowed by paragraph (b) of subsection (1) of this section exceeds the amount of the limitation imposed by subsection (3) of this section reduced by the credit allowed by paragraph (a) of subsection (1) of this section for any income tax year, referred to in this subsection (7) as the "unused credit year", such excess shall be:

(a) An investment tax credit carryback to each of the three income tax years preceding the unused credit year; except that no credit shall be carried back to an income tax year commencing prior to January 1, 1979; and

(b) An investment tax credit carryover to each of the seven income tax years following the unused credit year.

(8) No carryover or carryback of unused investment credit will be allowed in the case of a taxable cooperative as defined in section 1381 (a) of the internal revenue code.

(9) (a) For any income tax year beginning on or after January 1, 1979, if any taxpayer is required to redetermine the credit allowed by section 38 of the internal revenue code due to the provisions of section 47 of the internal revenue code, such taxpayer must redetermine the credit allowed by subsection (1) of this section for the same income tax year. If the redetermination results in a reduction of the credit allowed by this section for the income tax year or for any income tax year to which the credit was carried back or carried forward, the reduction shall constitute an increase in the tax imposed by this article for the income tax year during which the disposition or reclassification of the nature of the property occurs, and the amount of any unused investment tax credit carryback or carryover must be redetermined as appropriate. The increase in tax shall not be included as tax liability for the purposes of subsection (3) of this section.

(b) If, during any income tax year which commences on or after May 26, 1983, "section 38 property" which was first placed in service by the taxpayer in a taxable year beginning on or after January 1, 1982, is disposed of by or otherwise ceases to be such property with respect to the taxpayer before the close of the property's recapture period, as determined for federal income tax purposes, the credit allowed by this section and the decrease, if any, in the investment tax credit carryback or carryover with respect to the property shall be redetermined in accordance with the recapture percentage table contained in:

(I) Section 47 (a) of the internal revenue code, as it existed immediately prior to the enactment of the federal "Revenue Reconciliation Act of 1990", for such property which was disposed of by or otherwise ceased to be such property with respect to the taxpayer prior to January 1, 1991; or

(II) Section 50 (a) of the internal revenue code for such property which is disposed of by or otherwise ceases to be such property with respect to the taxpayer on or after January 1, 1991.

(10) and (11) Repealed.

(12) In lieu of the amount of the investment tax credit allowed by subsection (1) of this section, a person who has invested in property used in an enterprise zone, as designated pursuant to section 39-30-103, shall be allowed a credit in the amount designated in section 39-30-104, subject to the terms and conditions of that section.

(13) This section is repealed, effective July 1, 2031.
C.R.S. § 39-28.6-104 — CO Code / Title 39 / Article 28.6 / Section 39-28.6-104
39-28.6-104. Exempt sales
Status: in_force

39-28.6-104. Exempt sales. The tax imposed by section 39-28.6-103 shall not apply with respect to any nicotine products that, under the constitution and laws of the United States, may not be made the subject of taxation by this state. A person shall report the exempt sales to the department, as required by the department.
C.R.S. § 39-22-2002 — CO Code / Title 39 / Article 22 / Part 20 / Section 39-22-2002
39-22-2002. Fiscal years commencing on or after July 1, 1998 - state sales tax refund - auth
Status: repealed

39-22-2002. Fiscal years commencing on or after July 1, 1998 - state sales tax refund - authority of executive director - definitions. (1) If, for any state fiscal year commencing on or after July 1, 1998, the amount of state revenues exceeds the limitation on state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution and voters statewide either have not authorized the state to retain and spend all of the excess revenues for that fiscal year or have authorized the state to retain and spend only a portion of the excess revenues for that fiscal year, the executive director shall, if the amount of the identical individual refund calculated pursuant to subsection (2)(a) of this section exceeds the identical refund threshold, for the taxable year commencing on or after January 1 of the calendar year in which that fiscal year ended, but prior to January 1 of the subsequent calendar year, calculate a temporary state sales tax refund in accordance with the provisions of this section to refund the amount of excess state revenues.

(2) (a) For the taxable year commencing on or after January 1 of the calendar year in which that fiscal year ended, but prior to January 1 of the subsequent calendar year, the executive director shall divide the total amount of excess state revenues by the number of qualified individuals expected to claim a refund to determine the amount of the refund that each such qualified individual would receive if each individual received an identical refund.

(b) If the amount of the identical individual refund calculated pursuant to subsection (2)(a) of this section is less than or equal to the identical refund threshold, the executive director shall allow each qualified individual an identical refund in the manner set forth in section 39-22-2003 (3)(a) and (3)(b).

(3) As used in this section, unless the context otherwise requires, "excess state revenues" means the total amount of the state revenues for the state fiscal year in excess of the limitation on state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution, that voters statewide have not authorized the state to retain and spend, that the state is required to refund under section 20 (7)(d) of article X of the state constitution, including any adjustment for amounts specified in section 24-77-103.7 or 24-77-103.8, and that are not refunded by another method established by law.

(a) to (c) Repealed.

(3.5) As used in this section, unless the context otherwise requires, "identical refund threshold" means an amount equal to one-half of the lowest amount listed for married, filing jointly, for Colorado in the most recent table prescribed pursuant to section 164 (b)(5)(H)(ii) of the internal revenue code; except that, if, by September 1 of any calendar year, the executive director has not received advice from the internal revenue service that such an identical refund is regarded as a refund of sales tax and not as an accession to wealth, the identical refund threshold is fifteen dollars.

(4) No later than October 1 of any given calendar year commencing on or after January 1, 1999, during which the controller certifies, in accordance with the provisions of section 24-77-106.5, that state revenues exceed the limitation on state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution for the fiscal year ending in that calendar year, the executive director shall, if the amount of the identical individual refund calculated pursuant to subsection (2) of this section exceeds the identical refund threshold, calculate the income classifications and the amount of the refund allowed for each income classification pursuant to section 39-22-2003 (3) for the taxable year commencing during said fiscal year that would refund the amount of excess state revenues that is not refunded by another method established by law.

(5) If one or more ballot questions are submitted to the voters at a statewide election to be held in November of any given calendar year commencing on or after January 1, 1999, that seek authorization for the state to retain and spend all or any portion of the amount of excess revenues for the fiscal year ending during said calendar year, no later than October 1 of said calendar year, the executive director shall, in addition to the calculations required by subsection (4) of this section:

(a) (I) Calculate the amount of the state sales tax refund that each qualified individual would receive if each individual received an identical refund by dividing the total amount of excess state revenues required to be refunded if one or more of such ballot questions are approved by voters statewide and that is not refunded by another method established by law by the number of qualified individuals expected to claim a refund;

(II) Calculate the amount of the state sales tax refund that each qualified individual would receive if each individual received an identical refund by dividing the total amount of excess state revenues required to be refunded if all of such ballot questions are not approved by voters statewide and that is not refunded by another method established by law by the number of qualified individuals expected to claim a refund;

(b) If the amount of any identical refund calculated pursuant to subsection (5)(a)(I) of this section exceeds the identical refund threshold, calculate income classifications and the amount of the refund to be allowed for each income classification pursuant to section 39-22-2003 (3) for the taxable year commencing during said fiscal year that would refund the amount of excess state revenues, if any, required to be refunded if one or more of such ballot questions are approved by voters statewide;

(c) If the amount of the identical refund calculated pursuant to subsection (5)(a)(II) of this section exceeds the identical refund threshold, calculate income classifications and the amount of the refund to be allowed for each income classification pursuant to section 39-22-2003 (3) for the taxable year commencing during said fiscal year that would refund the amount of excess state revenues, if any, required to be refunded if all of such ballot questions are not approved by voters statewide.

(5.5) Repealed.

(6) (a) Upon calculating the amount of any identical individual sales tax refund and, if necessary, income classifications and the amount of the refund for each income classification in accordance with the provisions of this section, the executive director shall notify in writing the executive committee of the legislative council created pursuant to section 2-3-301 (1), C.R.S., of any such calculations and the basis for such calculations. Such written notification shall be given within five working days after such calculations are completed, but such written notification shall be given no later than October 1 of the calendar year.

(b) It is the function of the executive committee to review and approve or disapprove such calculated identical individual sales tax refund or such calculated income classifications and refund amount for each income classification within twenty days after receipt of such written notification from the executive director. Any such income classification or refund amount calculated pursuant to the provisions of this section that is not approved or disapproved by the executive committee within said twenty days shall be automatically approved; except that, if within said twenty days the executive committee schedules a hearing on such income classification or refund amount, such automatic approval shall not occur unless the executive committee does not approve or disapprove such income classification or refund amount after the conclusion of such hearing. Any hearing conducted by the executive committee pursuant to the provisions of this paragraph (b) shall be concluded no later than twenty-five days after receipt of such written notification from the executive director.

(c) (I) If the executive committee disapproves any income classification or refund amount calculated by the executive director pursuant to this section, the executive committee shall specify such income classification or refund amount to be implemented by the executive director. Any income classification or refund amount specified by the executive committee pursuant to this subparagraph (I) shall be calculated or adjusted in accordance with the provisions of this section.

(II) The executive director shall not adjust any income classification or refund amount that has not been approved pursuant to the provisions of paragraph (b) of this subsection (6) or otherwise specified pursuant to subparagraph (I) of this paragraph (c).

(7) Repealed.
C.R.S. § 39-29-108.5 — CO Code / Title 39 / Article 29 / Section 39-29-108.5
39-29-108.5. Credit of state share to capital construction fund - repayment
Status: repealed

39-29-108.5. Credit of state share to capital construction fund - repayment. (Repealed)
C.R.S. § 39-22-543 — CO Code / Title 39 / Article 22 / Part 5 / Section 39-22-543
39-22-543. Credit for wildfire hazard mitigation expenses - legislative declaration - defin
Status: repealed

39-22-543. Credit for wildfire hazard mitigation expenses - legislative declaration - definitions - repeal. (1) The general assembly declares that the purpose of the tax expenditure in this section is to reimburse a landowner for the costs incurred in performing wildfire mitigation measures on the landowner's property located within the state.

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

(a) "Costs" means any actual out-of-pocket expense incurred and paid by the landowner to a third-party service provider, documented by receipt, for performing wildfire mitigation measures. "Costs" does not include any inspection or certification fees, in-kind contributions, donations, incentives, or cost sharing associated with performing wildfire mitigation measures. "Costs" does not include expenses paid by the landowner from any grants awarded to the landowner for performing wildfire mitigation measures. "Costs" does not include any amount paid by the landowner for the purchase or rental of any article of tangible personal property for the landowner's own use.

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

(c) "Landowner" means any owner of record of private land located within the state, including any easement, right-of-way, or estate in the land, and includes the heirs, successors, and assigns of such land. "Landowner" shall not include any partnership, S corporation, or other similar entity that owns private land as an entity, unless there is a dwelling on that land that is designed for residential occupancy.

(d) "Wildfire mitigation measures" means the creation of a defensible space around structures; the establishment of fuel breaks; the thinning of woody vegetation for the primary purpose of reducing risk to structures from wildland fire; or the secondary treatment of woody fuels by lopping and scattering, piling, chipping, removing from the site, or prescribed burning; so long as such activities meet or exceed any Colorado state forest service standards or any other applicable state rules.

(3) (a) In the case of two taxpayers filing a joint return, the amount of the credit shall not exceed six hundred twenty-five dollars in any taxable year. In the case of two taxpayers who may legally file a joint return but actually file separate returns, only one of the taxpayers may claim the credit specified in this section.

(b) In the case of real property owned by tenants in common or joint tenants, the credit allowed pursuant to this section is only allowed for one of the individuals of the ownership group.

(4) (a) For income tax years commencing on or after January 1, 2023, but prior to January 1, 2025, a landowner with a federal taxable income at or below one hundred twenty thousand dollars for the income tax year commencing on or after January 1, 2023, as adjusted for inflation and rounded to the nearest hundred dollar amount for each income tax year thereafter, is allowed a credit against the income taxes imposed by this article 22 in an amount equal to twenty-five percent of up to two thousand five hundred dollars in costs for wildfire mitigation measures. The maximum total credit in a taxable year is six hundred twenty-five dollars.

(b) For income tax years commencing on or after January 1, 2025, but prior to January 1, 2028, a landowner with a federal taxable income at or below one hundred twenty thousand dollars for the income tax year commencing on or after January 1, 2023, as adjusted for inflation and rounded to the nearest hundred dollars for each income tax year thereafter, is allowed a credit against the income taxes imposed by this article 22 in an amount equal to the landowner's costs incurred for wildfire mitigation measures in an amount up to one thousand dollars. The maximum total credit in a taxable year is one thousand dollars.

(5) If the amount of a credit under this section exceeds a taxpayer's actual tax liability for an income tax year, the amount of the credit not used to offset the taxpayer's income tax liability is not refunded to the taxpayer and shall not be carried forward as a tax credit against the taxpayer's income tax liability in any subsequent tax year.

(6) This section is repealed, effective January 1, 2030.
C.R.S. § 39-3-115 — CO Code / Title 39 / Article 3 / Part 1 / Section 39-3-115
39-3-115. Statutes not applicable
Status: in_force

39-3-115. Statutes not applicable. Nothing in sections 39-3-106 to 39-3-114 shall apply to parts 2 and 5 of article 4 of title 29, C.R.S.
C.R.S. § 39-26-205 — CO Code / Title 39 / Article 26 / Part 2 / Section 39-26-205
39-26-205. Tax constitutes lien - exemption from lien
Status: in_force

39-26-205. Tax constitutes lien - exemption from lien. (1) The tax imposed by section 39-26-202 shall be a first and prior lien on the tangible personal property stored, used, or consumed, subject only to any valid mortgage or other liens of record on and prior to the recording of notice as required by section 39-26-118 (3), and, when such tax is collected by retailers or agents, shall be a first and prior lien on all the stock of goods or business fixtures of or used by such retailer, excepting goods sold in the ordinary course of business, which lien shall have precedence over all other liens of whatsoever kind or nature, except as to preexisting claims or liens of a bona fide mortgagee, pledgee, judgment creditor, or purchaser whose rights have attached prior to the filing of the notice on property of the taxpayer, other than the goods, stock in trade, and business fixtures of such taxpayer.

(2) Upon default of payment thereof, the executive director of the department of revenue, after demand upon the person owing such tax, may bring an action in his name as executive director in attachment and seize property as authorized by this section to secure the payment of said tax, interest, and penalties. In any such proceeding, no bond shall be required of the executive director, nor shall any sheriff require from the executive director an indemnifying bond for executing the writ of attachment or levy, and no sheriff shall be liable in damages when acting in accordance with such writs. The remedies provided in this section shall be in addition to all other remedies.

(3) Any taxpayer or person in possession shall provide a copy of any lease pertaining to the assets and property described in subsection (1) of this section 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 subsection (1) of this section. The real or personal property of an owner who has made a bona fide lease to any taxpayer described in subsection (1) of this section shall be exempt from the lien created therein 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 subsection (1) of this section; 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.

(3.5) Any coin-operated vending machine or video or other game machine shall be exempt from the lien created in subsection (1) of this section if:

(a) 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;

(b) 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

(c) 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 the marking of property covered by this subsection (3.5) to be marked using numbers or other coded identification.

(4) Any retailer who is in possession of property under the terms of a lease, which property is exempt from the lien as provided in this section, may be required by the executive director to remit tax funds due 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.