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Home » US Law » 2022 Colorado Code » Title 39 - Taxation » Article 3.5 - Tax Deferral for the Elderly and Military Personnel

§ 39-3.5-101. Definitions

As used in this article 3.5, unless the context otherwise requires: “Homestead” means the owner-occupied residence of the taxpayer and includes owner-occupied units in a condominium, townhouse, or similar structure and an owner-occupied mobile home. (1.5) “Mobile home” means any wheeled vehicle, exceeding either eight feet in width or thirty-two feet in length, excluding towing […]

§ 39-3.5-103. Property Entitled to Deferral

In order to qualify for real property tax deferral under this article 3.5, the property shall meet all of the following requirements at the time the claim is filed and so long thereafter as payment is deferred: The property must be the homestead of the taxpayer claiming the deferral. The taxpayer claiming the deferral must, […]

§ 39-3.5-104. Claim Form – Contents

A taxpayer’s claim for deferral shall be in writing on a form prescribed by the state treasurer and supplied by the county treasurer and shall: Describe the property; Recite facts which establish eligibility for deferral under the provisions of this article; List all mortgages and deeds of trust which constitute liens upon the property, together […]

§ 39-3.5-105. Listing of Tax-Deferred Property – Tax as Lien – Interest Accrual

If eligibility for deferral of homestead property is established as provided in this article, the county treasurer shall: Enter in his records a notation that the property is tax-deferred; Promptly, upon designation of the property as tax-deferred, issue a certificate of deferral, which shall include the name of the taxpayer, the description of the property, […]

§ 39-3.5-105.5. Loan of State Moneys to Taxpayers

Upon approval by the state treasurer of a taxpayer’s application to participate in the property tax deferral program, the state treasurer shall make a loan to the taxpayer in the amount certified as deferred in the taxpayer’s certificate of deferral. The loan shall be disbursed to a county treasurer on behalf of the taxpayer pursuant […]

§ 39-3.5-105.7. Prior Deferrals to Be Treated as Loans

All deferred real property tax paid by the state treasurer to a county treasurer prior to July 1, 2002, shall be reclassified as an investment in a loan to a taxpayer that was disbursed to a county treasurer on behalf of the taxpayer, and all provisions of this article shall apply to the loan. Source: […]

§ 39-3.5-108. Notice to Taxpayer Regarding Duty to Claim Deferral Annually

At the time the treasurer sends the annual real property tax notice to any taxpayer who has claimed a deferral of property taxes in the previous calendar year, he shall enclose a deferral notice. The deferral notice shall be substantially in the following form: To: (name of taxpayer) If you want to defer the collection […]

§ 39-3.5-109. Failure to Receive Notices

Failure to receive the notice provided for in this article is not a defense in any proceeding for the collection of taxes or for the foreclosure of a tax lien. The treasurer is not personally liable for failure to give such notices. Source: L. 78: Entire article added, p. 475, § 1, effective February 28, […]

§ 39-3.5-110. Events Requiring Repayment of Loans – Notice to State Treasurer

All loans for deferred real property taxes, including accrued interest, shall become payable subject to sections 39-3.5-111 and 39-3.5-112 when: The taxpayer who claimed the tax deferral dies; The property on which the taxes were deferred is sold or becomes subject to a contract of sale, or title to the property is transferred to someone […]

§ 39-3.5-111. Time for Payment – Delinquencies

Whenever any of the circumstances listed in section 39-3.5-110 occurs: No further tax deferrals may be claimed on the property until all loans for unpaid taxes, including previously deferred taxes and interest, have been paid. All loans for deferred taxes and accrued interest shall be due and payable ninety days after the circumstance occurs, except […]

§ 39-3.5-112. Election by Spouse to Continue Tax Deferral

Notwithstanding the provisions of section 39-3.5-110, when one of the circumstances listed in section 39-3.5-110 (1)(a) or (1)(c) occurs, the spouse of the taxpayer may elect to continue the property in its tax-deferred status if: The spouse of the taxpayer is or will be sixty years of age or older when the circumstance occurs; and […]

§ 39-3.5-113. Voluntary Repayment of Loans for Deferred Tax

Subject to subsection (2) of this section, all or part of a loan for deferred taxes and accrued interest may, at any time, be paid by the taxpayer, his or her spouse, guardian, conservator, attorney-in-fact, personal representative, next of kin, heir-at-law, or child, or any person having or claiming a legal or equitable interest in […]

§ 39-3.5-115. Limitations on Effect of Article

Nothing in this article is intended to or shall be construed to prevent the collection, by foreclosure or otherwise, of personal property or other taxes which become a lien against tax-deferred property. Source: L. 78: Entire article added, p. 476, § 1, effective February 28, 1979.

§ 39-3.5-119. Release of Information Identifying Individuals Claiming Deferral

Notwithstanding the provisions of part 2 of article 72 of title 24, C.R.S., or any other provision of law to the contrary, county treasurers and the state treasurer shall deny requests from individuals, corporations, or other private entities to inspect or produce the names, addresses, phone numbers, social security numbers, or other information identifying individuals […]

§ 39-3.5-120. Expansion of Deferral Program – Consultation – Repeal

The governor’s office, in consultation with the state treasurer, shall commission a study of the property tax deferral program created in this article 3.5 and make recommendations for possible changes to the program to the general assembly by January 1, 2022. The study shall explore best practices to structure and administer a low-interest loan program […]