2021 Colorado Code
Title 39 - Taxation
Article 3.5 - Tax Deferral for the Elderly and Military Personnel
§ 39-3.5-102. Deferral of Tax on Homestead - Qualifications - Filing of Claim

1. 1. Subject to the provisions of this article, a person who is sixty-five years of age or older or who is a person called into military service on January 1 of the year in which the person files a claim under this section may elect to defer the payment of real property taxes. To exercise this option, the taxpayer shall file a claim for deferral with the treasurer of the county in which the taxpayer's homestead is located. The claim shall be filed after January 1 and on or before April 1 of each year in which the taxpayer claims the deferral.
   2. Notwithstanding paragraph (a) of this subsection (1), a person called into military service at any time between January 1, 2003, and June 30, 2003, may defer the payment of real property taxes for the property tax year 2002 by filing a claim pursuant to this section on or before June 30, 2003.
   3. 1. Subject to the provisions of this article 3.5, including the limitations set forth in subsection (1)(c)(II) of this section, beginning January 1, 2023, a person who is not otherwise eligible for deferral under this section may elect to defer the payment of the portion of real property taxes that exceed the person's tax-growth cap. To exercise this option, the taxpayer must file a claim for deferral with the treasurer of the county in which the taxpayer's homestead is located. The taxpayer must file the claim after January 1 and on or before April 1 of each year in which the taxpayer claims the deferral. (c) (I) Subject to the provisions of this article 3.5, including the limitations set forth in subsection (1)(c)(II) of this section, beginning January 1, 2023, a person who is not otherwise eligible for deferral under this section may elect to defer the payment of the portion of real property taxes that exceed the person's tax-growth cap. To exercise this option, the taxpayer must file a claim for deferral with the treasurer of the county in which the taxpayer's homestead is located. The taxpayer must file the claim after January 1 and on or before April 1 of each year in which the taxpayer claims the deferral.
      2. In addition to any other limitations set forth in this article 3.5, the minimum amount of real property taxes that may be deferred under this subsection (1)(c) at one time is one hundred dollars, and the total amount of real property taxes that a person may defer under this subsection (1)(c) for all years shall not exceed ten thousand dollars. If a taxpayer's surviving spouse elects to continue deferral under section 39-3.5-112 (1.5)(a), the same total limit applies to the taxpayer and the surviving spouse.
      3. A person who previously deferred real property taxes as a person called into military service but is no longer eligible for a new deferral on that basis may defer additional real property taxes under this subsection (1)(c).

2. When a taxpayer who is sixty-five years of age or older, who is a person called into military service, or who is otherwise eligible under subsection (1)(c) of this section files a valid claim for deferral under subsection (1) of this section, it has the effect of:
   1. Deferring the payment of the taxpayer's real property taxes or in the case of a person who is otherwise eligible, a portion of the taxpayer's real property taxes, for the calendar year previous to the year in which the claim is filed;
   2. Continuing the deferral of taxes which have been deferred under this article for previous years which have not become delinquent pursuant to section 39-3.5-111;
   3. Terminating and releasing the lien for the general taxes so deferred created by section 39-1-107 and substituting therefor the lien for said deferred taxes created by section 39-3.5-105. (2.5)
      1. A person called into military service may defer only the real property taxes payable in a year in which the person is a person called into military service. A person who is no longer a person called into military service may file a valid claim in a subsequent year to continue the prior allowable deferral of taxes.
      2. A person who defers a portion of real property taxes under subsection (1)(c) of this section may file a valid claim in a subsequent year to continue the prior allowable deferral of taxes.

3. If a guardian, conservator, or attorney-in-fact has been appointed for a taxpayer otherwise qualified to claim deferral of taxes under this article, the guardian, conservator, or attorney-in-fact may act for such taxpayer in claiming the deferral.

History. Source: L. 78: Entire article added, p. 472, § 1, effective February 28, 1979. L. 2003: (1) and IP(2) amended and (2.5) added, p. 2112, § 2, effective May 22. L. 2021: (1)(c) added and IP(2), (2)(a), and (2.5) amended, (SB 21-293), ch. 301, p. 1809, § 6, effective June 23.