As used in this article 3.5, unless the context otherwise requires:
(1.5) "Mobile home" means any wheeled vehicle, exceeding either eight feet in width or thirty-two feet in length, excluding towing gear and bumpers, without motive power, which is designed and commonly used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which may be drawn over the public highways by a motor vehicle.
(1.8) [ Editor's note: This version of subsection (1.8) is effective until the revisor of statutes receives notice. See the editor's note following this section. ] "Person called into military service" means a member of the Army National Guard of the United States, the Army reserve, the Naval reserve, the Marine Corps reserve, the Air National Guard of the United States, the Air Force reserve, or the Coast Guard reserve who has been ordered to active duty pursuant to 10 U.S.C. sec. 12301 (a) or 12302 for a period of more than thirty consecutive days in a time of war or national emergency declared by the congress or the president of the United States. "Active duty" includes any period during which a person called into military service is absent from duty on account of sickness, wounds, leave, or other lawful cause.
(1.8) [ Editor's note: This version of subsection (1.8) is effective upon notice to the revisor of statutes. See the editor's note following this section. ] "Person called into military service" means a member of the Army National Guard of the United States, the Army reserve, the Naval reserve, the Marine Corps reserve, the Air National Guard of the United States, the Air Force reserve, the Space National Guard of the United States, or the Coast Guard reserve who has been ordered to active duty pursuant to 10 U.S.C. sec. 12301 (a) or 12302 for a period of more than thirty consecutive days in a time of war or national emergency declared by the congress or the president of the United States. "Active duty" includes any period during which a person called into military service is absent from duty on account of sickness, wounds, leave, or other lawful cause.
(3.5) "Tax-growth cap" means an amount equal to the average of a person's real property taxes paid on the same homestead for the two property tax years preceding the year a deferral is claimed, increased by four percent.
Source: L. 78: Entire article added, p. 471, § 1, effective February 28, 1979. L. 79: (1) and (4) amended, p. 1411, § 1, effective January 1, 1980. L. 88: (1) and (2) amended and (1.5) added, p. 1283, § 9, effective January 1, 1989. L. 2003: (1.8) added, p. 2112, § 1, effective May 22. L. 2021: IP amended and (3.5) added, (SB 21-293), ch. 301, p. 1808, § 5, effective June 23; IP and (1.8) amended, (HB 21-1231), ch. 206, p. 1079, § 12, effective (see editor's note).
Editor's note: Section 15(2) of chapter 206 (HB 21-1231), Session Laws of Colorado 2021, provides that the act changing this section takes effect only if the federal government creates the Space National Guard in the "FY 2022 National Defense Authorization Act" and takes effect on the date identified in the written notice from the resource and legislative director of the department of military and veterans affairs to the revisor of statutes, as required in section 10 of chapter 206, that the Space National Guard was created or, if the notice does not specify that date, on the date of the notice to the revisor of statutes, or on May 28, 2021, whichever is later. As of publication date, the revisor of statutes had not received notice.
Structure Colorado Code
Article 3.5 - Tax Deferral for the Elderly and Military Personnel
§ 39-3.5-102. Deferral of Tax on Homestead - Qualifications - Filing of Claim
§ 39-3.5-103. Property Entitled to Deferral
§ 39-3.5-104. Claim Form - Contents
§ 39-3.5-105. Listing of Tax-Deferred Property - Tax as Lien - Interest Accrual
§ 39-3.5-105.5. Loan of State Moneys to Taxpayers
§ 39-3.5-105.7. Prior Deferrals to Be Treated as Loans
§ 39-3.5-106. State Treasurer to Pay County Treasurer an Amount Equivalent to Deferred Taxes
§ 39-3.5-107. Repayment of Loans - Release of Liens - Disposition of Payments
§ 39-3.5-108. Notice to Taxpayer Regarding Duty to Claim Deferral Annually
§ 39-3.5-109. Failure to Receive Notices
§ 39-3.5-110. Events Requiring Repayment of Loans - Notice to State Treasurer
§ 39-3.5-111. Time for Payment - Delinquencies
§ 39-3.5-112. Election by Spouse to Continue Tax Deferral
§ 39-3.5-113. Voluntary Repayment of Loans for Deferred Tax
§ 39-3.5-115. Limitations on Effect of Article
§ 39-3.5-119. Release of Information Identifying Individuals Claiming Deferral
§ 39-3.5-120. Expansion of Deferral Program - Consultation - Repeal