The general assembly recognizes that only the judiciary may make a final decision as to whether or not any given property is used for charitable purposes within the meaning of the Colorado constitution; nevertheless, in order to guide members of the public and public officials alike in the making of their day-to-day decisions and to assist in the avoidance of litigation, the general assembly hereby finds, declares, and determines that the uses of property which are set forth in this part 1 as uses for charitable purposes benefit the people of Colorado and lessen the burdens of government by performing services which government would otherwise be required to perform. Therefore, property used for such purposes shall be presumed to be owned and used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit, and, consequently, property used for such purposes is entitled to be exempt from the levy and collection of property tax pursuant to the provisions of this part 1 and the Colorado constitution. This legislative finding, declaration, determination, and presumption shall not be questioned by the administrator and shall be entitled to great weight in any and every court.
Source: L. 89: Entire article R&RE, p. 1470, § 1, effective April 23. L. 2002: Entire section amended, p. 1032, § 66, effective June 1.
Structure Colorado Code
Part 1 - Property Exempt From Taxation
§ 39-3-101. Legislative Declaration - Presumption of Charitable Purpose
§ 39-3-102. Household Furnishings - Exemption
§ 39-3-103. Personal Effects - Exemption
§ 39-3-104. Ditches, Canals, and Flumes - Exemption
§ 39-3-105. Public Libraries - Governments - School Districts - Exemption
§ 39-3-106. Property - Religious Purposes - Exemption - Legislative Declaration
§ 39-3-106.5. Tax-Exempt Property - Incidental Use - Exemption - Limitations
§ 39-3-107. Property - Not-for-Profit Schools - Exemption
§ 39-3-108.5. Property - Community Corrections Facility - Exemption
§ 39-3-111.5. Property - Health-Care Services - Charitable Purposes - Exemption - Limitations
§ 39-3-112.5. Residential Property - Homeless - Charitable Purposes - Exempt - Limitations
§ 39-3-114. Burden - Claim for Charitable Exemption
§ 39-3-115. Statutes Not Applicable
§ 39-3-117. Cemeteries - Not-for-Profit - Exemption
§ 39-3-118. Intangible Personal Property - Exemption
§ 39-3-118.5. Business Personal Property - Exemption - Exemption Authority for Local Governments
§ 39-3-120. Livestock - Exemption
§ 39-3-121. Agricultural and Livestock Products - Exemption
§ 39-3-122. Agricultural Equipment Used in Production of Agricultural Products - Exemption
§ 39-3-126. Horticultural Improvements - Exemption - Limitation - Exception
§ 39-3-127. County Fair Property - Exemption - Limitation
§ 39-3-128. Exempt Property Listed and Valued
§ 39-3-129. Proportional Valuation - Exempt Property
§ 39-3-130. Change in Tax Status of Property - Effective Date - Tax Liability
§ 39-3-131. Entire Property Becomes Tax-Exempt
§ 39-3-132. Portion of Property Becomes Tax-Exempt
§ 39-3-133. Payment of Property Taxes Extinguishes Lien
§ 39-3-134. Condemnation by Tax-Exempt Agency - Duties of Treasurer
§ 39-3-137. Organizations With Tax-Exempt Status - Forgiveness of Taxes Owed