Source: L. 2009: Entire section added, (SB 09-042), ch. 176, p. 780, § 3, effective August 5. L. 2014: Entire section repealed, (HB 14-1349), ch. 230, p. 855, § 5, effective May 17.
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.
Source: L. 89: Entire article R&RE, p. 1476, § 1, effective April 23.
Combination use of property - charitable, religious, and educational purposes - exemption - limitations. (1) Except as otherwise provided in this section, property, real and personal, which is owned and used by the owner thereof or by any other person or organization solely and exclusively for any combination of the purposes specified in sections 393-106 to 39-3-113.5, subject to the limitations and requirements in said sections, including but not limited to the requirement that property not be owned or used for private or corporate gain or profit, shall be exempt from the levy and collection of property tax. No requirement shall be imposed that use of property which is otherwise exempt pursuant to any of said sections shall benefit the people of Colorado in order to qualify for said exemption. Property which is otherwise exempt pursuant to the provisions of this section shall be subject to the provisions of section 39-3-129 relating to the proportional valuation of exempt property if such property is partially leased, loaned, or otherwise made available for a portion of any calendar year to any business conducted for profit.
In the event that such property is used by any person or organization other than theowner:
The use of the property by the owner, if any, must qualify pursuant to the provisionsof this section or pursuant to any of the provisions of sections 39-3-106 to 39-3-113.5, and, in addition, the owner must qualify for an exemption pursuant to the provisions of section 39-2117;
The use of the property by the person or organization other than the owner is a usedescribed in the provisions of this section or in any of the provisions of sections 39-3-106 to 393-113.5 or such person or organization is otherwise exempt from the payment of property taxes; and
The amount received by the owner for the use of such property specified in sections39-3-107 to 39-3-113.5, other than from any shareholder or member of the owner or from any person or organization controlled by an organization which also controls such shareholder or member, must not exceed one dollar per year plus an equitable portion of the reasonable expenses incurred in the operation and maintenance of the property so used. For purposes of this paragraph (c), reasonable expenses include interest expenses, depreciation, long-term maintenance expenses allowed in accordance with generally accepted accounting principles, capital expenses dedicated to refurbishing the property, and expenses incurred to allow the property to conserve energy, water, or other natural resources, but do not include any amount expended to reduce debt.
Any exemption claimed pursuant to the provisions of this section shall comply withthe provisions of section 39-2-117.
Source: L. 89: Entire article R&RE, p. 1476, § 1, effective April 23; (2)(c) amended, p. 1486, § 3, effective June 7. L. 90: (1) amended, p. 1713, § 8, effective June 9. L. 2013: (1) and (2) amended, (HB 13-1300), ch. 316, p. 1704, § 120, effective August 7. L. 2014: (2)(c) amended, (HB 14-1074), ch. 26, p. 166, § 1, effective March 14.
Editor's note: This section is similar to former § 39-3-101 (1)(g.1) as it existed prior to 1989.
Cemeteries - not-for-profit - exemption. Cemeteries not used or held for private or corporate profit shall be exempt from the levy and collection of property tax.
Source: L. 89: Entire article R&RE, p. 1476, § 1, effective April 23.
Editor's note: This section is similar to former § 39-3-101 (1)(h) as it existed prior to 1989.
Intangible personal property - exemption. Intangible personal property shall be exempt from the levy and collection of property tax. For purposes of this section, "intangible personal property" shall include, but is not limited to, computer software.
Source: L. 89: Entire article R&RE, p. 1476, § 1, effective April 23. L. 90: Entire section amended, p. 1715, § 2, effective May 2.
Editor's note: This section is similar to former § 39-3-101 (1)(i) as it existed prior to 1989.
Cross references: For the legislative declaration contained in the 1990 act amending this section, see section 1 of chapter 281, Session Laws of Colorado 1990.