C.R.S. Section 39-22-514.5
Tax credit for qualified costs incurred in preservation of historic structures

  • short title
  • definitions

(1)

Short title.
The short title of this section is the “Colorado Job Creation and Main Street Revitalization Act”.

(2)

Definitions.
As used in this section, unless the context otherwise requires:

(a)

Intentionally left blank —Ed.

(I)

“Certified historic structure” means a property located in Colorado that has been certified by the historical society or other reviewing entity because it has been:

(A)

Listed individually on, or as a contributing property in a district included within, the national register of historic places;

(B)

Listed individually on, or as a contributing property in a district that is included within, the state register of historic properties pursuant to the provisions of article 80.1 of title 24; or

(C)

Listed individually by, or as a contributing property within a designated historic district of, a certified local government.

(II)

“Certified historic structure” may be either a residential or commercial structure.

(b)

“Certified local government” means any local government that has been certified by the historical society in accordance with federal law.

(c)

“Certified rehabilitation” means repairs or alterations to a certified historic structure that have been certified by the historical society or other reviewing entity as meeting the standards for rehabilitation of the United States secretary of the interior.

(d)

“Contributing property” means property that adds to the sense of time, place, and historical development of a historic district as determined by the historical society or other reviewing entity.

(d.3)

“Denver metropolitan area” means all of the land area within the boundaries of the counties of Adams, Arapahoe, Boulder, and Jefferson, all of the area within the boundaries of the city and county of Broomfield and the city and county of Denver, and all of the area within the boundaries of the county of Douglas; except that the area within the boundaries of the town of Castle Rock and the area within the boundaries of the town of Larkspur in the county of Douglas shall not be included in such area.

(e)

“Department” means the Colorado department of revenue or any successor entity.

(f)

“Designated” means established by local preservation ordinance.

(g)

“Historical society” means the state historical society of Colorado, also known as history Colorado, or any successor entity.

(g.5)

“Municipality” has the same meaning as specified in section 31-1-101 (6) and also includes any unincorporated area of a county, including without limitation an unincorporated community or a census-designated place.

(h)

“Office” means the Colorado office of economic development or any successor entity.

(i)

“Owner” means any taxpayer filing a state tax return or any entity that is exempt from federal income taxation pursuant to section 501 (c) of the internal revenue code, as amended, that owns:

(I)

Title to a qualified structure;

(II)

Prospective title to a qualified structure in the form of a purchase agreement or an option to purchase;

(III)

A leasehold interest in a qualified commercial structure for a term of not less than thirty-nine years;

(III.5)

A leasehold interest in a qualified commercial structure that is located in a rural community for a term of not less than five years; or

(IV)

A leasehold interest in a qualified residential structure for a term of not less than five years.

(j)

“Qualified commercial structure” means an income producing or commercial property located in Colorado that is:

(I)

At least fifty years old; and

(II)

Intentionally left blank —Ed.

(A)

Listed individually on, or as a contributing property in a district included within, the state register of historic properties pursuant to article 80.1 of title 24; or
(B)(Deleted by amendment, L. 2018.)(C) Listed individually by, or as a contributing property that is included within a designated historic district of, a certified local government.

(k)

“Qualified rehabilitation expenditures” means:

(I)

With respect to a qualified commercial structure, any expenditure as defined under section 47 (c)(2)(A) of the internal revenue code, as amended, and the related regulations thereunder; and

(II)

With respect to a qualified residential structure, exterior improvements and interior improvements undertaken to restore, rehabilitate, or preserve the historic character of a qualified property that meet the standards for rehabilitation of the United States secretary of the interior as adopted by the historical society or the certified local government pursuant to federal law. As used in this subsection (2)(k)(II), “exterior improvements” is limited to any one or more of the following: Roof replacement or repair; exterior siding replacement or repair; masonry repair, re-pointing, or replacement; window repair or replacement; door repair or replacement; woodwork and trim repair or replacement; foundation repair or replacement; and excavation costs associated with foundation work. As used in this subsection (2)(k)(II), “interior improvements” is limited to one or more of the following: Electrical repairs and upgrades; plumbing repairs and upgrades; heating, venting, and air conditioning repairs and upgrades; repair of existing interior walls, ceilings, and finishes; repair or replacement of existing woodwork and trim; insulation; refinishing or replacing historic floor materials in-kind, excluding carpeting; and reconstructing missing historic elements when there is sufficient historical documentation to guide the reconstruction.

(l)

“Qualified residential structure” means a nonincome producing and owner-occupied residential property located in Colorado that is:

(I)

At least fifty years old; and

(II)

Intentionally left blank —Ed.

(A)

Listed individually on, or as a contributing property in a district included within, the state register of historic properties pursuant to article 80.1 of title 24; or
(B)(Deleted by amendment, L. 2018.)(C) Listed individually by, or as a contributing property that is included within a designated historic district of, a certified local government.

(m)

“Qualified structure” means a structure that satisfies the definition of either a qualified residential structure or a qualified commercial structure.

(n)

“Rehabilitation plan” means construction plans and specifications for the proposed rehabilitation of a qualified structure that is in sufficient detail to enable the office or the reviewing entity, as applicable, to evaluate whether the structure is in compliance with the standards developed under subsection (4) of this section.

(o)

“Reviewing entity” means:

(I)

A certified local government that has decided pursuant to subsection (5.5)(c) of this section to perform the duties specified under this section; or

(II)

The historical society if the qualified residential structure either is not located within the territorial boundaries of any certified local government or is located within the territorial boundaries of a certified local government that has decided pursuant to subsection (5.5)(c) of this section not to perform the duties specified under this section.

(o.5)

“Rural community” means:

(I)

A municipality with a population of less than fifty thousand people that is not located within the Denver metropolitan area; or

(II)

An unincorporated area of any county the total population of which county is less than fifty thousand people that is not located within the Denver metropolitan area.

(p)

“Substantial rehabilitation” means:

(I)

With respect to a qualified commercial structure:

(A)

For tax years commencing prior to January 1, 2020, rehabilitation for which the qualified rehabilitation expenditures exceed twenty-five percent of the owner’s original purchase price of the qualified commercial structure less the value attributed to the land; and

(B)

For tax years commencing on or after January 1, 2020, rehabilitation for which the qualified rehabilitation expenditures are in an aggregate amount of at least twenty thousand dollars; and

(II)

With respect to a qualified residential structure, rehabilitation for which the qualified rehabilitation expenditures exceed five thousand dollars.

(3)

General provisions.
For income tax years commencing on or after January 1, 2016, but prior to January 1, 2030, there shall be allowed a credit with respect to the income taxes imposed pursuant to this article 22 to each owner of a qualified structure that complies with the requirements of this section.

(4)

Development of standards for approval of commercial or residential rehabilitation projects.

(a)

The office, in consultation with the historical society, shall develop standards for the approval of the substantial rehabilitation of qualified commercial structures for which a tax credit under this section is being claimed. The standards must consider whether the substantial rehabilitation of a qualified commercial structure is consistent with the standards for rehabilitation adopted by the United States department of the interior.

(b)

The historical society shall develop standards for the approval of the substantial rehabilitation of qualified residential structures for which a tax credit under this section is being claimed. The standards must consider whether the substantial rehabilitation of a qualified residential structure is consistent with the standards for rehabilitation adopted by the United States department of the interior.

(5)

Submission by owner of application and rehabilitation plan.

(a)

The owner shall submit an application and rehabilitation plan to either the office for a qualified commercial structure or to the reviewing entity for a qualified residential structure, along with an estimate of the qualified rehabilitation expenditures under the rehabilitation plan. The owner, at the owner’s own risk, may incur qualified rehabilitation expenditures no earlier than twenty-four months prior to the submission of the application and rehabilitation plan but only if satisfactory documentation is submitted to the office or the reviewing entity, as applicable, indicating the condition of the qualified structure prior to commencement of the rehabilitation, including but not limited to photographs of the qualified structure and written declarations from persons knowledgeable about the qualified structure. An owner may submit an application and rehabilitation plan and may commence rehabilitation before the property:

(I)

Is listed individually on, or as a contributing property in a district included within, the national register of historic places;

(II)

Is listed individually on, or as a contributing property in a district included within, the state register of historic properties pursuant to article 80.1 of title 24; or
(III)(Deleted by amendment, L. 2018.)(IV) Is listed individually by, or as a contributing property within a designated historic district of, a certified local government.

(b)

Notwithstanding the provisions of subsection (5)(a) of this section, an owner may incur qualified rehabilitation expenditures at the owner’s own risk.

(c)

Within ninety days after receipt of the application and rehabilitation plan, the office and the historical society, in the case of a qualified commercial structure, and the reviewing entity, in the case of a qualified residential structure, shall notify the owner in writing if the rehabilitation plan is preliminarily determined to be a certified rehabilitation.

(5.5)

Issuance of tax credit certificate for qualified residential structures - rules.

(a)

Intentionally left blank —Ed.

(I)

Following the completion of a rehabilitation of a qualified residential structure, the owner shall notify the reviewing entity that the rehabilitation has been completed and shall certify that the qualified rehabilitation expenditures incurred in connection with the rehabilitation plan. The owner shall also provide the reviewing entity with a cost and expense certification for the total qualified rehabilitation expenditures and the total amount of tax credits for which the owner is eligible. The reviewing entity shall review the documentation of the rehabilitation and verify its compliance with the rehabilitation plan. Except as otherwise provided in subsection (5.5)(a)(II) of this section, within ninety days after receipt of the foregoing documentation from the owner the reviewing entity shall issue a tax credit certificate in an amount equal to twenty percent of the actual qualified rehabilitation expenditures; except that the amount of the tax credit certificate shall not exceed fifty thousand dollars for each qualified residential structure, which amount is to be calculated over a ten-year rolling period that commences with each change in ownership of the qualified residential structure.

(II)

For income tax years commencing prior to January 1, 2030, with respect to a qualified residential structure located in an area that the president of the United States has determined to be a major disaster area under section 102 (2) of the federal “Robert T. Stafford Disaster Relief and Emergency Assistance Act”, 42 U.S.C. sec. 5121 et seq., or that is located in an area that the governor has determined to be a disaster area under the “Colorado Disaster Emergency Act”, part 7 of article 33.5 of title 24, the amount of the tax credit specified in subsection (5.5)(a)(I) of this section is increased to twenty-five percent for an application that is filed within six years after the disaster determination.

(III)

For income tax years commencing on and after January 1, 2020, with respect to a qualified residential structure located in a rural community, the amount of the tax credit specified in subsection (5.5)(a)(I) of this section is increased to thirty-five percent for an application that is properly filed in accordance with this section.

(b)

Notwithstanding any other provision of law, a taxpayer may claim the benefits offered by either subsection (5.5)(a)(II) or (5.5)(a)(III) of this section but shall not claim the benefits offered by both subsections (5.5)(a)(II) and (5.5)(a)(III) of this section.

(c)

For the purposes of this section, a certified local government may act as a reviewing entity only for a qualified residential structure. Each certified local government shall adopt a resolution or ordinance stating whether the government will act as a reviewing entity for the purposes of this section. The local government shall send a copy of the resolution or ordinance to the historical society. Any certified local government that decides to act as a reviewing entity for the purposes of this section shall perform all duties and responsibilities in connection with a certified rehabilitation that receives preliminary approval from such entity. The historical society shall promulgate rules on standards and reporting, in accordance with article 4 of title 24, as it deems necessary to facilitate the effective implementation of this subsection (5.5)(c).

(d)

In the case of a qualified residential structure, the reviewing entity may impose a reasonable application fee.

(e)

The historical society shall promulgate any and all rules necessary to further implement the tax credits to be claimed for the substantial rehabilitation of qualified residential structures under this section. Any rules must be promulgated in accordance with article 4 of title 24.

(f)

By March 15, 2019, and on a quarterly basis thereafter, the historical society shall provide a report to the department specifying the ownership of tax credits to be claimed for the rehabilitation of qualified residential structures under this section covering the period since the last report. The historical society shall share with the department all necessary information about the tax credit created by this section to enable the historical society and the department to properly administer the tax credit.

(6)

Application and issuance fees for qualified commercial structures.

(a)

For a qualified commercial structure for which the amount of tax credit requested under this section is two hundred fifty thousand dollars or more, the office may impose a reasonable application fee that does not exceed five hundred dollars. For a qualified commercial structure for which the amount of tax credit requested under this section is less than two hundred fifty thousand dollars, the office may impose a reasonable application fee that does not exceed two hundred fifty dollars.
(b)(Deleted by amendment, L. 2018.)(c) The office may impose on the owner a reasonable issuance fee of up to three percent of the amount of the tax credit issued, which must be paid before the tax credit is issued to the owner. With respect to both an application fee and an issuance fee, the office shall share on an equal basis any such fees collected with the historical society and the department. Moneys collected from such fees must be applied to the administration of the tax credit created by this section.
(d)(Deleted by amendment, L. 2018.)(7) Reservation of tax credits for qualified commercial structures.

(a)

In the case of a qualified commercial structure, a reservation of tax credits is permitted in accordance with the provisions of this subsection (7). The office and the historical society shall review the application and rehabilitation plan for a qualified commercial structure to determine that the information contained in the application and plan is complete. If the office and the historical society determine that the application and rehabilitation plan are complete, the office shall reserve for the benefit of the owner an allocation of a tax credit as provided in subsection (12)(a) of this section and the office shall notify the owner in writing of the amount of the reservation. The reservation of tax credits does not entitle the owner to an issuance of any tax credits until the owner complies with all of the other requirements specified in this section for the issuance of the tax credit. The office must reserve tax credits in the order in which it receives completed applications and rehabilitation plans. The office shall issue any such reservation of tax credits authorized by this subsection (7) within a reasonable time, not to exceed ninety days after the filing of a completed application and rehabilitation plan. The office shall stamp each completed application and plan with the date and time it receives the application and plan and shall review a plan and application on the basis of the order in which such documents were submitted by date and time. The office shall only review an application and plan submitted in connection with a property for which a property address, legal description, or other specific location is provided in the application and plan. The owner shall not request the review of another property for approval in the place of the property that is the subject of the application and plan. Any application and plan disapproved by the office will be removed from the review process, and the office shall notify the owner in writing of the decision to remove the property from the review process. Disapproved applications and plans lose their priority in the review process. An owner may resubmit a disapproved application and plan, but such resubmitted application and plan is deemed to be a new submission for purposes of the priority procedures described in this subsection (7)(a). If a resubmitted application and plan are submitted, the office may charge a new application fee in an amount specified in accordance with subsection (6) of this section.

(a.5)

In the case of any project for a qualified commercial structure the qualified rehabilitation expenditures for which amount to less than fifty thousand dollars, if the total number of applications for such projects that are received but not reserved reach fifteen in number, the office may suspend the submission of additional applications for such projects until such time as these fifteen projects have been duly reserved or disapproved. The notification period that is specified in subsection (5)(c) of this section is extended to one hundred twenty days after receipt of the application and rehabilitation plan for these fifteen projects. Any application for a qualified commercial structure the qualified rehabilitation expenditures for which amount to fifty thousand or more dollars is not subject to this subsection (7)(a.5).

(b)

If, for any calendar year, the aggregate amount of reservations for tax credits the office has approved is equal to the total amount of tax credits available for reservation during that calendar year, the office shall notify all owners who have submitted applications and rehabilitation plans then awaiting approval or submitted for approval after the calculation is made that no additional approvals of applications and plans for reservations of tax credits will be granted during that calendar year and the office shall additionally notify the owner of the priority number given to the owner’s application and plan then awaiting approval. The applications and plans will remain in priority status for two years from the date of the original application and plan and will be considered for reservations of tax credits in the priority order established in this subsection (7) in the event that additional credits become available resulting from the rescission of approvals under subsection (8)(a) of this section or because a new allocation of tax credits for a calendar year becomes available.

(c)

Notwithstanding any other provision of this section, this subsection (7) does not apply to a qualified residential structure because no reservation of tax credits is necessary in the case of a qualified residential structure.

(8)

Deadline for incurring specified amount of estimated costs of rehabilitation - proof of compliance - audit of cost and expense certification - issuance of tax credit certificate - commercial structures.

(a)

Any owner receiving a reservation of tax credits under subsection (7)(a) of this section shall incur not less than twenty percent of the estimated costs of rehabilitation contained in the application and rehabilitation plan not later than eighteen months after the date of issuance of the written notice from the office to the owner granting the reservation of tax credits. Any owner receiving a reservation of tax credits shall submit evidence of compliance with the provisions of this subsection (8)(a). If the office determines that an owner has failed to comply with the requirements of this subsection (8)(a), the office may rescind the issuance it previously gave the owner approving the reservation of tax credits and, if so, the total amount of tax credits made available for the calendar year for which reservations may be granted must be increased by the amount of the tax credits rescinded. The office shall promptly notify any owner whose reservation of tax credits has been rescinded and, upon receipt of the notice, the owner may submit a new application and plan for which the office may charge a new application fee in accordance with subsection (6) of this section.

(b)

Following the completion of a rehabilitation of a qualified commercial structure, the owner shall notify the office that the rehabilitation has been completed and shall certify the qualified rehabilitation costs and expenses. The cost and expense certification must be audited by a licensed certified public accountant that is not affiliated with the owner. The office and the historical society shall review the documentation of the rehabilitation and the historical society shall verify that the documentation satisfies the rehabilitation plan. Within ninety days after receipt of such documentation from the owner, the office shall issue a tax credit certificate in an amount equal to the following subject to subsection (8)(c) of this section:

(I)

Twenty-five percent of the actual qualified rehabilitation expenditures that are less than two million dollars; plus

(II)

Twenty percent of the actual qualified rehabilitation expenditures in excess of two million dollars.

(c)

Notwithstanding subsection (8)(b) of this section:

(I)

The total amount of the tax credit certificate issued for any particular project shall not exceed the amount of the tax credit reservation issued for the project under subsection (7)(a) of this section;

(II)

The amount of a tax credit certificate to be issued for any one qualified commercial structure shall not exceed one million dollars in any one calendar year; and

(III)

With respect to a certified historic structure that is a qualified commercial structure that is located in an area that the president of the United States has determined to be a major disaster area under section 102 (2) of the federal “Robert T. Stafford Disaster Relief and Emergency Assistance Act”, 42 U.S.C. sec. 5121 et seq., or that is located in an area that the governor has determined to be a disaster area under the “Colorado Disaster Emergency Act”, part 7 of article 33.5 of title 24, the tax credit amounts specified in subsections (8)(b)(I) and (8)(b)(II) of this section must be increased as follows for an application that is filed within six years after the disaster determination:

(A)

The twenty-five percent credit amount specified in subsection (8)(b)(I) of this section is increased to thirty percent; and

(B)

The twenty percent credit amount specified in subsection (8)(b)(II) of this section is increased to twenty-five percent.

(IV)

For income tax years commencing on or after January 1, 2020, with respect to a certified historic structure that is a qualified commercial structure that is located in a rural community, the tax credit amounts specified in subsections (8)(b)(I) and (8)(b)(II) of this section must be increased as follows for an application that is properly filed in accordance with this section:

(A)

The twenty-five percent credit amount specified in subsection (8)(b)(I) of this section is increased to thirty-five percent; and

(B)

The twenty percent credit amount specified in subsection (8)(b)(II) of this section is increased to thirty percent.

(d)

If the amount of qualified rehabilitation expenditures incurred by the owner would result in an owner being issued an amount of tax credits that exceeds the amount of tax credits reserved for the owner under subsection (7)(a) of this section, the owner may apply to the office for the issuance of an amount of tax credits that equals the excess. The owner must submit its application for issuance of such excess tax credits on a form prescribed by the office. The office shall automatically approve the application, which it shall issue by means of a separate certificate, subject only to the availability of tax credits and the provisions concerning priority provided in subsection (7)(a) of this section.
(e)(Deleted by amendment, L. 2018.)(f) Notwithstanding any other provision of law, a taxpayer may claim the benefits offered by either subsection (8)(c)(III) or (8)(c)(IV) of this section but shall not claim the benefits offered by both subsections (8)(c)(III) and (8)(c)(IV) of this section.

(9)

Filing tax credit certificate with income tax return.
In order to claim the credit authorized by this section, the owner shall file the tax credit certificate with the owner’s state income tax return. The amount of the credit claimed that the owner may claim under this section is the amount stated on the tax credit certificate.
(10)(Deleted by amendment, L. 2018.)(11) Residential and commercial - carryforward - no refund to owner.
The entire tax credit to be issued under this section for either a qualified residential structure or a qualified commercial structure may be claimed by the owner in the taxable year in which the certified rehabilitation is placed in service. If the amount of the credit allowed under this section exceeds the amount of income taxes otherwise due on the income of the owner in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in said income tax year may be carried forward as a credit against subsequent years’ income tax liability for a period not to exceed ten years and will be applied to the earliest income tax years possible. Any amount of the credit that is not used after such period shall not be refunded to the owner.

(12)

Limit on aggregate amount of all tax credits that may be reserved for qualified commercial structures - assignability and transferability of tax credits for qualified commercial structures.

(a)

Except as otherwise provided in this subsection (12), the aggregate amount of all tax credits in any tax year that may be reserved for qualified commercial structures by the office upon the certification of all rehabilitation plans under subsection (7)(a) of this section for such structures must not exceed:

(I)

For qualified commercial structures estimating qualified rehabilitation expenditures in the amount of two million dollars or less, two and one-half million dollars in the aggregate for the 2016 calendar year, five million dollars in the aggregate for each of the 2017, 2018, and 2019 calendar years, in addition to the amount of any previously reserved tax credits that were rescinded under subsection (8)(a) of this section during the applicable calendar year;

(II)

For qualified commercial structures estimating qualified rehabilitation expenditures in excess of two million dollars, two and one-half million dollars in the aggregate for the 2016 calendar year, five million dollars in the aggregate for each of the 2017, 2018, and 2019 calendar years, in addition to the amount of any previously reserved tax credits that were rescinded under subsection (8)(a) of this section during the applicable calendar year;

(III)

For qualified commercial structures estimating qualified rehabilitation expenditures in any amount, ten million dollars in the aggregate for each of the 2020 through 2029 calendar years, in addition to the amount of any previously reserved tax credits that were rescinded under subsection (8)(a) of this section during the applicable calendar year; except that the aggregate amount of the ten million dollars in tax credits in any tax year that may be reserved by the office must be equally split between qualified commercial structures for which the estimated qualified rehabilitation expenditures are equal to or less than two million dollars and qualified commercial structures for which the estimated qualified rehabilitation expenditures are in excess of two million dollars.

(b)

Notwithstanding any other provision of this subsection (12), if the entirety of the allowable tax credit amount for any tax year is not requested and reserved under subsection (12)(a) of this section, the office may use any such unreserved tax credits in reserving tax credits in another category for that same income tax year, and the office may also use any remaining unreserved tax credits for that tax year in reserving tax credits in subsequent income tax years.

(c)

Any tax credits issued under this section to a partnership, a limited liability company taxed as a partnership, or multiple owners of a property must be passed through to the partners, members, or owners, including any nonprofit entity that is a partner, member, or owner, respectively, on a pro rata basis or pursuant to an executed agreement among the partners, members, or owners documenting an alternate distribution method.

(d)

Any tax credits issued under this section for a qualified commercial structure are freely transferable and assignable, subject to any notice and verification requirements to be determined by the office; except that the owner or a subsequent transferee may only transfer the portion of the tax credit that has neither been applied against the income tax imposed by this article 22 nor used to obtain a refund. Any transferee of a tax credit for a qualified commercial structure issued under this section may use the amount of tax credits transferred to offset against any other tax due under this article 22 or the transferee may freely transfer and assign all or any portion of the tax credits that have neither been applied against the income taxes imposed by this article 22 nor used to obtain a refund to any other person or entity, including an entity that is exempt from federal income taxation pursuant to section 501 (c) of the internal revenue code, as amended, and the other person or entity may freely transfer and assign all or any portion of the tax credits that have neither been applied against the income taxes imposed by this article 22 nor used to obtain a refund to any other person or entity. The tax credits may be transferred or assigned on multiple occasions until such time as the credit is claimed on a state tax return. The transferor and the transferee of the tax credits shall jointly file a copy of the written transfer agreement with the office within thirty days after the transfer. Any filing of the written transfer agreement with the office perfects the transfer. The office shall develop a system to track the transfers of tax credits and to certify the ownership of tax credits. A certification by the office of the ownership and the amount of tax credits may be relied on by the department and the transferee as being accurate, and the office shall not adjust the amount of tax credits as to the transferee; except that the office retains any remedies it may have against the owner. The office may promulgate rules to permit verification of the ownership and amount of the tax credits; except that any rules promulgated shall not unduly restrict or hinder the transfer of the tax credits. Notwithstanding any other provision of this section, only tax credits issued under this section for a qualified commercial structure, and not tax credits issued under this section for a qualified residential structure, are freely transferable and assignable in accordance with this subsection (12)(d).
(e)(Deleted by amendment, L. 2018.)(13) Appeal.
Any owner or any duly authorized representative of an owner may appeal any final determination made by the office, the historical society, or the department, including, without limitation, any preliminary or final reservation, or any approval or denial, in accordance with the “State Administrative Procedure Act”, article 4 of title 24. The owner or the owner’s representative shall submit any such appeal within thirty days after receipt by the owner or the owner’s representative of the final determination that is the subject of the appeal.

(14)

Deadline for submitting application and rehabilitation plan.
Notwithstanding any other provision of this section, the tax credits authorized by this section for the substantial rehabilitation of a qualified structure are not available to an owner of a qualified structure that submits an application and rehabilitation plan after December 31, 2029. No action or inaction on the part of the general assembly has the effect of limiting or suspending the issuing of tax credits authorized by this section in any past or future income tax year with respect to a qualified structure if the owner of the structure submits an application and rehabilitation plan with the office on or prior to December 31, 2029, even if the qualified structure is placed into service after December 31, 2029. Any tax credits that have been reserved for a qualified commercial structure in accordance with subsection (7)(a) of this section and any applicable rules promulgated under this section prior to December 31, 2029, may still be issued by the office through and including December 31, 2032.

(15)

Report to the department - rules - qualified commercial structures.

(a)

On or before March 15, 2016, and on a quarterly basis thereafter, the office shall provide a report to the department specifying the ownership and transfers of tax credits for the rehabilitation of qualified commercial structures under this section covering the period since the last report.

(b)

The office, in consultation with the historical society, may promulgate any and all rules necessary to further implement the tax credits to be claimed for the substantial rehabilitation of qualified commercial structures under this section and shall solicit advice from the department in promulgating rules for transfers of such tax credits. Any such rules must be promulgated in accordance with article 4 of title 24.

(c)

Notwithstanding any other provision of law, a taxpayer shall not claim a credit under this section in connection with the rehabilitation of a historic structure for which the taxpayer is also claiming a credit under section 39-22-514.

Source: Section 39-22-514.5 — Tax credit for qualified costs incurred in preservation of historic structures - short title - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-39.­pdf (accessed Oct. 20, 2023).

39‑22‑101
Short title
39‑22‑102
Legislative declaration
39‑22‑103
Definitions - construction of terms
39‑22‑104
Income tax imposed on individuals, estates, and trusts - single rate - report - legislative declaration - definitions - repeal
39‑22‑104.5
Pretax payments - catastrophic health insurance
39‑22‑104.6
Pretax payments - medical savings accounts
39‑22‑105
Alternative minimum tax
39‑22‑106
Colorado personal exemptions of a resident individual
39‑22‑107
Income tax filing status
39‑22‑107.5
Income tax filing status - innocent spouse relief
39‑22‑108
Credit for tax paid other states
39‑22‑108.5
Dual resident trusts - income tax calculation
39‑22‑109
Income of a nonresident individual for purposes of Colorado income tax
39‑22‑110
Apportionment of tax in the case of a part-year resident
39‑22‑110.5
Reacquisition of residency during active duty military service
39‑22‑111
Accounting periods and methods
39‑22‑112
Persons and organizations exempt from tax under this article
39‑22‑114.5
Tax credit for investment in technologies for recycling plastics - repeal
39‑22‑116
Tax tables for individuals
39‑22‑119
Expenses related to child care - credits against state tax
39‑22‑119.5
Child care expenses tax credit - legislative declaration - definitions
39‑22‑120
Legislative declaration - state sales tax refund - offset against state income tax
39‑22‑121
Credit for child care facilities - legislative declaration - definitions - repeal
39‑22‑122
Long-term care insurance credit
39‑22‑123
Earned income tax credit - refund of state excess revenues for fiscal years commencing on or after July 1, 1998
39‑22‑123.5
Earned income tax credit - not a refund of excess state revenues - trigger - legislative declaration - repeal
39‑22‑129
Child tax credit - legislative declaration - definitions - repeal
39‑22‑201
Partners, not partnership, subject to tax
39‑22‑202
Resident partners - definition
39‑22‑203
Nonresident partners
39‑22‑204
Accounting periods and methods
39‑22‑206
Foreign source income of export taxpayers
39‑22‑300.1
Short title - citation
39‑22‑301
Corporate tax imposed - repeal
39‑22‑302
S corporations
39‑22‑303
Dividends in a combined report - foreign source income - affiliated groups - definitions
39‑22‑303.1
Interstate banking or branching - nondiscriminatory tax treatment
39‑22‑303.5
Single-factor apportionment of business income - allocation of nonbusiness income - rules - definitions
39‑22‑303.6
Market-based apportionment of the income of a taxpayer engaged in business - allocation of nonapportionable income - rules - definitions
39‑22‑303.7
Sourcing of sales of mutual fund service corporations - definitions
39‑22‑303.9
Apportionment of the income of a taxpayer with enterprise data center operations in the state - definitions
39‑22‑304
Net income of corporation - legislative declaration - definitions - repeal
39‑22‑305
Consolidated returns
39‑22‑306
Accounting periods and methods
39‑22‑308
Credit allowed for purchase of Colorado coal
39‑22‑310
Legislative declaration - statutory interpretation and construction
39‑22‑320
Short title - citation
39‑22‑321
Definitions
39‑22‑322
Taxation of an S corporation and its shareholders
39‑22‑323
Modification and characterization of income
39‑22‑324
Basis and adjustments
39‑22‑325
Carryforwards and carrybacks - loss limitation
39‑22‑326
Part-year residence
39‑22‑327
Distributions
39‑22‑328
Returns - repeal
39‑22‑329
Tax credits
39‑22‑330
Uniformity of application and construction
39‑22‑340
Short title - citation
39‑22‑341
Legislative declaration
39‑22‑342
Definitions
39‑22‑343
Election
39‑22‑344
Imposition of tax
39‑22‑345
Owner exclusion
39‑22‑346
Credit for tax paid in other states
39‑22‑347
Credit for electing pass-through entity owner - tax preference performance statement - legislative declaration
39‑22‑401
Income of a resident estate or trust for purposes of Colorado income tax
39‑22‑402
Share of a resident estate, trust, or beneficiary in Colorado fiduciary adjustments
39‑22‑403
Income of a nonresident estate or trust subject to income tax
39‑22‑404
Share of a nonresident estate, trust, or beneficiary in income from sources within Colorado
39‑22‑407
Accounting periods and methods
39‑22‑501
Taxation of regulated investment companies
39‑22‑503
Taxation of real estate investment trusts - definitions
39‑22‑504
Net operating losses
39‑22‑504.5
Short title
39‑22‑504.6
Definitions
39‑22‑504.7
Medical savings accounts - establishment - contributions - distributions - restrictions - taxation - portability
39‑22‑507.5
Credits against tax - investment in certain property - repeal
39‑22‑507.6
Credits against corporate tax - investment in certain property - repeal
39‑22‑509
Credit against tax - employer expenditures for alternative transportation options for employees - legislative declaration - definitions - repeal
39‑22‑514
Tax credit for qualified costs incurred in preservation of historic properties
39‑22‑514.5
Tax credit for qualified costs incurred in preservation of historic structures - short title - definitions
39‑22‑516.7
Tax credit for innovative motor vehicles - tax preference performance statement - definitions - repeal
39‑22‑516.8
Tax credit for innovative trucks - tax preference performance statement - definitions - repeal
39‑22‑517
Tax credit for child care center investments
39‑22‑518
Tax modification for net capital gains - definitions - repeal
39‑22‑520
Credit against tax - investment in school-to-career program - definitions
39‑22‑521
Credits against tax - employer expenses - public assistance recipients
39‑22‑522
Credit against tax - conservation easements - definition
39‑22‑522.5
Conservation easement tax credits - dispute resolution - legislative declaration
39‑22‑526
Credit for environmental remediation of contaminated land - legislative declaration - definition - repeal
39‑22‑529
Business expense deduction - labor services - unauthorized alien - definitions
39‑22‑531
Colorado job growth incentive tax credit - rules - definitions - repeal
39‑22‑532
Advanced industry investment tax credit - definitions
39‑22‑533
Instream flow incentive tax credit for water rights holders - rules - definitions - repeal
39‑22‑535
Credit for purchase of uniquely valuable motor vehicle registration numbers
39‑22‑536
Credit for food contributed to hunger-relief charitable organizations - definitions - repeal
39‑22‑537.5
Credit for personal property taxes paid - legislative declaration - definitions - repeal
39‑22‑538
Credit for health-care preceptors working in health professional shortage areas - legislative declaration - definitions
39‑22‑539
Credit for employer contributions to employee 529 qualified state tuition programs - legislative declaration - definitions - repeal
39‑22‑540
Credit - organ donor - leave of absence period - legislative declaration - definitions
39‑22‑541
Credit for retrofitting a residence to increase a residence’s visitability - tax preference performance statement - legislative declaration - definitions - repeal
39‑22‑542
Tax credit for conversion costs for employee business ownership - definitions - declaration - repeal
39‑22‑543
Credit for wildfire hazard mitigation expenses - legislative declaration - definitions - repeal
39‑22‑544
Credit against tax - qualifying seniors - creation - legislative declaration - definitions
39‑22‑545
Credit against tax - heat pump systems - heat pump water heaters - tax preference performance statement - legislative declaration - definitions - repeal
39‑22‑546
Credit against tax - residential energy storage systems - tax preference performance statement - legislative declaration - definition - repeal
39‑22‑547
Early childhood educator income tax credit - tax preference performance statement - legislative declaration - definitions - repeal
39‑22‑548
Colorado homeless contribution tax credit - legislative declaration - definitions - repeal
39‑22‑549
Credit against tax - small food business recovery and resilience grant program equipment - community food consortium duties and responsibilities - tax preference performance statement - legislative declaration - definitions - repeal
39‑22‑550
Tax credit for reducing emissions from certain lawn equipment - tax preference performance statement - legislative declaration - definitions - report - repeal
39‑22‑551
Industrial clean energy tax credit - tax preference performance statement - definitions - report - repeal
39‑22‑552
Tax credit for expenditures made in connection with a geothermal energy project - tax preference performance statement - definitions - repeal
39‑22‑553
Geothermal electricity generation production tax credit - tax preference performance statement - definitions - repeal
39‑22‑554
Heat pump technology and thermal energy network tax credit - tax preference performance statement - definitions - repeal
39‑22‑555
Electric bicycle tax credit - tax preference performance statement - definitions - repeal
39‑22‑556
Tax credit for sustainable aviation fuel production facility - tax preference performance statement - definitions - repeal
39‑22‑557
Clean hydrogen tax credit - qualified uses - tax preference performance statement - definitions - legislative declaration - repeal
39‑22‑558
Tax credit for employer’s contribution to employee for eligible expenses in connection with a qualifying home purchase - tax preference performance statement - legislative declaration - definitions
39‑22‑559
Film incentive tax credit - tax preference performance statement - review - legislative declaration - definitions - repeal
39‑22‑601
Returns - repeal
39‑22‑601.5
Reporting federal adjustments - definitions
39‑22‑602
Failure to make return - director may make
39‑22‑603
Returns not made under oath
39‑22‑603.5
Frivolous returns
39‑22‑604
Withholding tax - requirement to withhold - tax lien - exemption from lien - annual statement - notice - definitions
39‑22‑604.3
Innovation reinvestment - withholding - transfers - bioscience - clean technology - short title - legislative declaration - definitions - repeal
39‑22‑604.5
Withholding tax - transfers of Colorado real property - nonresident transferors
39‑22‑605
Failure by individual to pay estimated income tax
39‑22‑606
Failure by corporation to pay estimated income tax
39‑22‑607
Estimated tax deposited with treasurer
39‑22‑608
Form, place, and date of filing return - extension - electronic filing
39‑22‑609
Payment of tax - applicable when
39‑22‑610
Relief for members of the armed forces of the United States - when
39‑22‑611
Property exempt from ad valorem taxes
39‑22‑621
Interest and penalties
39‑22‑622
Refunds
39‑22‑623
Disposition of collections - definition
39‑22‑624
Prior rights and liabilities not affected
39‑22‑625
Application of article - effective date
39‑22‑626
Applicability of amendments to this article to income tax years
39‑22‑627
Temporary adjustment of rate of income tax - refund of excess state revenues - authority of executive director
39‑22‑628
Direct deposit of refund to collegeinvest savings accounts - modification of individual income tax return forms - legislative declaration - definition
39‑22‑629
Advance payments of income tax credits - definitions
39‑22‑651
Short title - citation
39‑22‑652
Definitions
39‑22‑653
Taxpayer disclosure of reportable or listed transactions
39‑22‑654
Additional listed transactions - report
39‑22‑655
Penalty for failure to disclose a reportable or listed transaction
39‑22‑656
Material advisor - disclosure of reportable or listed transactions
39‑22‑657
Material advisor - maintenance of list
39‑22‑658
Material advisor - penalties
39‑22‑659
Waiver, reduction, or compromise of penalty for reasonable cause
39‑22‑701
Legislative declaration
39‑22‑702
Voluntary contribution designation - procedure
39‑22‑703
Contributions credited to Colorado nongame conservation and wildlife restoration cash fund - administration - transfer
39‑22‑704
Repeal of part
39‑22‑801
Voluntary contribution designation - procedure
39‑22‑802
Contributions credited to Colorado domestic abuse program fund - creation - appropriation
39‑22‑803
Repeal of part
39‑22‑1001
Limitations on voluntary contribution programs - queue - notice - reestablishment of certain programs
39‑22‑1301
Voluntary contribution designation - procedure
39‑22‑1302
Contributions credited to homeless prevention activities program fund - creation - appropriation
39‑22‑1801
Legislative declaration
39‑22‑1802
Voluntary contribution designation - procedure - effective date
39‑22‑1803
Contributions credited to the Special Olympics Colorado fund - creation - appropriation
39‑22‑1804
Repeal of part
39‑22‑1901
Legislative declaration
39‑22‑1902
Voluntary contribution designation - procedure
39‑22‑1903
Contributions credited to the fund - appropriation
39‑22‑2001
Legislative declaration - revenues exceeding TABOR limit - sales tax refund
39‑22‑2002
Fiscal years commencing on or after July 1, 1998 - state sales tax refund - authority of executive director - repeal
39‑22‑2003
State sales tax refund - offset against state income tax - qualified individuals
39‑22‑2004
Temporary refund of excess state revenues from all sources - definitions - repeal
39‑22‑2005
Refund of excess state revenues from all sources - definitions - repeal
39‑22‑2101
Definitions
39‑22‑2102
Credit against tax - affordable housing developments - legislative declaration
39‑22‑2103
Recapture
39‑22‑2104
Filing requirements
39‑22‑2105
Parallel credits - insurance premium taxes
39‑22‑2106
Rules
39‑22‑2107
Compliance monitoring
39‑22‑2108
Report to the general assembly
39‑22‑2201
Voluntary contribution designation - procedure
39‑22‑2202
Contributions credited to the fund - administration - transfer
39‑22‑2203
Repeal of part
39‑22‑2401
Legislative declaration
39‑22‑2402
Voluntary contribution designation - procedure
39‑22‑2403
Contributions credited to Colorado healthy rivers fund - creation - appropriation
39‑22‑2404
Repeal of part
39‑22‑2901
Voluntary contribution designation - procedure
39‑22‑2902
Contributions credited to the Alzheimer’s Association fund - creation - appropriation
39‑22‑2903
Repeal of part
39‑22‑3001
Voluntary contribution designation - procedure
39‑22‑3002
Contributions credited to the military family relief fund - appropriation
39‑22‑3003
Repeal of part
39‑22‑3301
Legislative declaration
39‑22‑3302
Voluntary contribution designation - procedure
39‑22‑3303
Contributions credited to the Colorado cancer fund - creation - appropriation
39‑22‑3304
Repeal of part
39‑22‑3601
Legislative declaration
39‑22‑3602
Voluntary contribution designation - procedure
39‑22‑3603
Contributions credited to the Make-A-Wish Foundation of Colorado fund - creation - appropriation
39‑22‑3604
Repeal of part
39‑22‑3801
Legislative declaration
39‑22‑3802
Voluntary contribution designation - procedure
39‑22‑3803
Contributions credited to the unwanted horse fund - creation - appropriation
39‑22‑3804
Repeal of part
39‑22‑4301
Legislative declaration
39‑22‑4302
Voluntary contribution designation - procedure - effective date
39‑22‑4303
Contributions credited to the American Red Cross Colorado disaster response, readiness, and preparedness fund - creation - appropriation
39‑22‑4304
Repeal of part
39‑22‑4401
Legislative declaration
39‑22‑4402
Voluntary contribution designation - procedure - effective date
39‑22‑4403
Contributions credited to the Colorado for Healthy Landscapes fund - creation - appropriation
39‑22‑4404
Repeal of part
39‑22‑4501
Legislative declaration
39‑22‑4502
Voluntary contribution designation - procedure - effective date
39‑22‑4503
Contributions credited to the Habitat for Humanity of Colorado fund - creation - appropriation
39‑22‑4504
Repeal of part
39‑22‑4601
Legislative declaration
39‑22‑4602
Voluntary contribution designation - procedure - effective date
39‑22‑4603
Contributions credited to the Colorado Youth Conservation Corps fund - creation - appropriation
39‑22‑4604
Repeal of part
39‑22‑4701
Short title
39‑22‑4702
Legislative declaration
39‑22‑4703
Definitions
39‑22‑4704
First-time home buyer savings account
39‑22‑4705
Eligible expenses - penalties for other uses
39‑22‑4706
Forms
39‑22‑4707
Financial institutions
39‑22‑4801
Legislative declaration
39‑22‑4802
Voluntary contribution designation - procedure - effective date
39‑22‑4803
Contributions credited to the Urban Peak Housing and Support Services for Youth Experiencing Homelessness fund - creation - appropriation
39‑22‑4804
Repeal of part
39‑22‑4901
Legislative declaration
39‑22‑4902
Voluntary contribution designation - procedure - effective date
39‑22‑4903
Contributions credited to the family caregiver support fund - creation - appropriation
39‑22‑4904
Repeal of part
39‑22‑5001
Legislative declaration
39‑22‑5002
Voluntary contribution designation - procedure - effective date
39‑22‑5003
Contributions credited to the Young Americans Center for Financial Education fund - creation - appropriation
39‑22‑5004
Repeal of part
39‑22‑5101
Legislative declaration
39‑22‑5102
Voluntary contribution designation - procedure - effective date
39‑22‑5103
List of eligible charitable organizations
39‑22‑5104
Contributions credited to the donate to a Colorado nonprofit fund - creation - appropriation - distribution
39‑22‑5105
Initial funding
39‑22‑5201
Definitions
39‑22‑5202
Uninsured designation - required forms - rules
39‑22‑5301
Legislative declaration
39‑22‑5302
Voluntary contribution designation - procedure - effective date
39‑22‑5303
Contributions credited to Feeding Colorado fund - creation - appropriation
39‑22‑5304
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 39-22-514.5’s source at colorado​.gov