C.R.S. Section 39-22-522.5
Conservation easement tax credits

  • dispute resolution
  • legislative declaration

(1)

The general assembly hereby finds, determines, and declares that:

(a)

Colorado’s conservation easement program is an important preservation tool used to balance economic needs with natural resources such as land and water preservation. Colorado’s conservation easement tax credit and the federal tax deduction have allowed many farmers and ranchers the opportunity to donate their development rights to preserve a legacy of open spaces in Colorado for wildlife, agriculture, and ranching.

(b)

Citizens throughout Colorado believe good, sound conservation practices are important to Colorado’s quality of life, agriculture, and wildlife heritage;

(c)

Colorado’s conservation easement tax credit program was designed to give landowners an incentive to conserve and preserve their land in a predominantly natural, scenic, or open condition;

(d)

While the department of revenue has allowed the great majority of claimed conservation easement tax credits, hundreds of claimed credits have been denied but have not yet been finally adjudicated through the existing administrative process;

(e)

Due to the unique issues of confidentiality and multiple interested and related parties involved in the litigation of disputed conservation easement tax credits, the general assembly determines that it is appropriate to enact procedural changes that will provide for equitable and expedited litigation or resolution of these cases;

(f)

It is the intent of the general assembly to enact procedural changes that further important matters of public policy concerning the equitable and efficient resolution of disputes regarding claimed conservation easement tax credits. It is the intent of the general assembly that any appeal brought pursuant to subsection (2) of this section shall be expedited to the extent practicable and administered in the manner deemed most efficient and fair by the executive director or the district court.

(g)

The procedural changes set forth in this section shall apply to any dispute regarding a tax credit from a donation of a conservation easement made on or after January 1, 2000, for which a final determination has not been issued;

(h)

It is the intent of the general assembly to provide taxpayers with incentives to waive an administrative hearing and proceed directly to a de novo appeal to the district court in accordance with the procedures set forth in this section. The incentives include waiver of the bond requirement and waiver of accrual of interest and penalties during the time the matter is on appeal to the district court.

(i)

The general assembly strongly encourages the executive director of the department of revenue to agree to waive interest and penalties for tax matters representatives and credit buyers who have acted in good faith to resolve disputed conservation easement tax credits; and

(j)

This section is intended to effect changes to the law that are procedural or remedial in nature. The procedural changes set forth in this section shall not be construed to take away or impair any vested right acquired under existing law, or to create any new obligation, impose any new duty, or attach any new disability with respect to any past transaction or consideration. The provisions of this section are designed to address matters of public policy related to the fair and equitable resolution of conservation easement tax credit disputes in accordance with applicable laws and court rules.

(2)

For any credit claimed pursuant to section 39-22-522, for which a notice of deficiency, notice of disallowance, or notice of rejection of refund claim has been mailed by the department of revenue as of May 1, 2011, but for which a final determination has not been issued before May 19, 2011, the tax matters representative may elect to waive the administrative process provided by section 39-21-103 and appeal the notice of deficiency, disallowance, or rejection of refund claim directly to a district court in accordance with the following provisions, which also apply to an appeal filed in accordance with subsection (6) of this section; except that paragraphs (a), (c), and (d) of this subsection (2) shall not apply to such an appeal:

(a)

The tax matters representative shall make the election by mailing a written notice of appeal that includes the certified signature of the tax matters representative to the executive director and the district court for the county that has venue in the case as specified in paragraph (b) of this subsection (2) on or before October 1, 2011. The notice shall be sent by certified mail.

(b)

Appeals brought pursuant to this section shall be filed in the district court for the county where the land encumbered by the easement is located. At the discretion of the chief justice, the state may be divided into three regions for purposes of consolidating appeals, with each region consisting of the following judicial districts:
RegionJudicial Districts
Region 11st, 2nd, 8th, 13th, 17th, 18th, 19th, and 20th
Region 23rd, 4th, 10th, 11th, 12th, 15th, and 16th
Region 35th, 6th, 7th, 9th, 14th, 21st, and 22nd

(c)

If a tax matters representative elects to waive the administrative process and appeal directly to a district court pursuant to this subsection (2), no surety bond or other deposit shall be required in connection with the appeal. This paragraph (c) shall not apply to tax matters representatives who do not elect to waive the administrative process.

(d)

If the tax matters representative elects to waive the administrative process and appeal directly to a district court pursuant to this subsection (2), additional interest and penalties shall cease to accrue while the matter is on appeal before the district court, beginning with the date the notice of appeal is received by the district court. This paragraph (d) shall not apply to tax matters representatives who do not elect to waive the administrative process.

(e)

Upon receipt of the notice of appeal by the court, the executive director shall be deemed to be a party to such appeal, and the clerk of the district court shall docket the cause as a civil action. The appellant shall cause summons to be issued and cause the same to be served upon the executive director in accordance with the manner provided by law in civil cases. The answer of the executive director shall contain a brief, plain statement of the legal issues, a detailed itemization of the total amount in controversy, and any proposal regarding the joinder or consolidation of related parties and appeals.

(f)

Any transferee of the tax credit or any other person who has claimed a tax credit related to the tax matters representative’s claimed conservation easement tax credit shall be allowed to intervene as a matter of right pursuant to the Colorado rules of civil procedure.

(g)

Notice of the date of any hearing or any phase of the trial shall be mailed to the tax matters representative, any other party, and to the executive director at least thirty days prior thereto.

(h)

Jurisdiction to hear and determine appeals pursuant to this section is conferred upon the district courts of this state. A court, in its discretion, may allow for the assertion, consolidation, and settlement of any claims at law or at equity, for the intervention of additional parties, and for such other matters as the court deems appropriate in accordance with any applicable laws or court rules governing such issues; except that resolution of disputes between private parties may be limited to the third phase of the case as described in paragraph (m) of this subsection (2). In determining matters regarding joinder or consolidation, the court may consider common issues of law and fact, including but not limited to ownership of the property subject to the easement, relationships of taxpayers, and location of the easements.

(i)

Following the court’s order identifying the parties and consolidating cases and parties, the court may hold a hearing to determine the validity of the conservation easement credit claimed pursuant to section 39-22-522 and to determine any other claims or defenses touching the regularity of the proceedings. The court shall determine whether the donation is eligible to qualify as a qualified conservation contribution. The court may set an expedited briefing schedule and give the matter priority on the docket. The court may order preliminary discovery, limited to validity of the easement credits and any other claims or defenses raised at this stage of the proceeding.

(j)

Upon a determination of validity of the credit as claimed, the court may schedule a case management conference with all parties to the proceeding. Any case management conference shall address the proceedings as set forth in paragraph (m) of this subsection (2). Prior to the case management conference, the court may order all parties to make the following disclosures:

(I)

The department of revenue shall disclose, consistent with any orders of the court, individuals with knowledge of, and documents related to:

(A)

Notices to the tax matters representative disallowing the conservation easement credit;

(B)

Notices to any taxpayer of deficiency or rejection of claim for refund;

(C)

Correspondence with the tax matters representative or donee of the easement as well as any party to the conservation easement tax credit action;

(D)

Appraisals and review appraisals or other expert reports used in connection with review of the tax matters representative’s application for tax credit;

(E)

Tax returns of the tax matters representative, transferee, or any party to the conservation easement tax credit action, for relevant tax years; and

(F)

Statements of adjustment.

(II)

The tax matters representative shall disclose individuals with knowledge of, and documents related to:

(A)

Tax returns for the relevant tax years;

(B)

The appraisal used to determine the value of the easement;

(C)

The conservation easement deed and amendments;

(D)

Agreements between the tax matters representative and the transferees; and

(E)

Any other expert report, basis, or other evidence relating to the valuation and substantiation of the amount of the underlying easement or credit.

(III)

Transferees or other persons claiming all or part of the conservation easement tax credit who are parties to the conservation easement tax credit action shall disclose individuals with knowledge of, and documents related to:

(A)

Agreements related to the transfer of credits;

(B)

Tax returns for the relevant tax years; and

(C)

Any other expert report, basis, or other evidence relating to the valuation and substantiation of the amount of the underlying easement or credit.

(k)

The court may make any order it deems appropriate to control and limit discovery to avoid unnecessary duplication between or among parties, including setting such limitations in accordance with the phases of the proceedings as set forth in paragraph (m) of this subsection (2).

(l)

In advance of the trial date, the court may require the parties to confer and submit a proposed trial management order to the court.

(m)

After a determination pursuant to paragraph (i) of this subsection (2) of the validity of the credit as claimed, the court shall resolve all remaining issues as follows:

(I)

The first phase shall be limited to issues regarding the value of the easement.

(II)

The second phase shall be limited to determinations of the tax, interest, and penalties due and apportionment of such tax liability among persons who claimed a tax credit in relation to the conservation easement. The conservation easement tax credit action shall be final at the conclusion of the second phase as to the department of revenue and as to any taxpayer, transferee, or other party with regard to that party’s tax credit dispute with the department of revenue.

(III)

The third phase shall address all other claims related to the conservation easement tax credit, including those between and among the tax matters representative, transferees, other persons claiming a tax credit in connection with the donation, and any third party joined as a party to the action. The department shall not be required to participate in or be a party to this third phase. Any participation in these proceedings by parties other than the tax matters representative, transferees, or other persons who have claimed all or part of a conservation easement tax credit is limited to this third phase.

(n)

The district court shall hear the appeal in accordance with the Colorado rules of civil procedure and the rules of evidence.

(o)

The chief justice of the supreme court may designate judges to hear appeals brought pursuant to this subsection (2), and may determine that only judges so designated may hear such appeals. For the convenience of the parties and in order to facilitate the use of available court facilities, hearings may be conducted at the discretion of the court in any county within the region for which venue has been established for a case pursuant to paragraph (b) of this subsection (2).

(p)

The district court shall enter judgment on its findings. The court shall have the authority to establish the amount of any deficiency and to waive or otherwise modify the amount of any interest, penalties, or other amounts owed. The court shall indicate in any order whether the judgment of the court is a final judgment subject to appeal as to any party.

(q)

It is the intent of the general assembly that any appeals brought pursuant to this subsection (2) shall be expedited to the extent practicable and administered in the manner deemed most efficient and fair by the courts.

(3)

A tax matters representative who does not make an election to waive a hearing pursuant to subsection (2) of this section and appeal directly to a district court may send a written request for hearing and final determination by certified mail to the executive director on or before October 1, 2011. If a tax matters representative files a request pursuant to this subsection (3), the executive director shall issue a final determination on or before July 1, 2014, unless the executive director and the tax matters representative mutually agree in writing to extend such date to a specified date. The executive director shall send a copy of the final determination to the tax matters representative by certified mail on or before July 1, 2014. If the United States post office returns the final determination as undeliverable by certified mail, the department shall then mail the final determination in accordance with section 39-21-105.5. This subsection (3) shall apply only to those tax matters representatives for which a notice of deficiency, notice of disallowance, or notice of rejection of refund claim has been mailed by the department of revenue as of May 1, 2011, but for which a final determination has not been issued before May 19, 2011.

(4)

The executive director shall issue a final determination on or before July 1, 2016, for any tax matters representative who does not make an election to waive a hearing pursuant to subsection (2) of this section or file a written request for final hearing and final determination with the executive director pursuant to subsection (3) of this section. The executive director shall send a copy of the final determination to the tax matters representative by certified mail on or before July 1, 2016. If the United States post office returns the final determination as undeliverable by certified mail, the department shall then mail the final determination in accordance with section 39-21-105.5. If a tax matters representative does not make an election to waive a hearing pursuant to subsection (2) of this section or file a written request for final hearing and final determination with the executive director pursuant to subsection (3) of this section, any person who has claimed a credit or who may be eligible to claim a tax credit in relation to the tax matters representative’s donation may petition the department on or before November 1, 2011, to change the tax matters representative’s designation. The executive director shall promulgate rules on or before September 1, 2011, specifying the procedures for a change to the tax matters representative’s designation when the executive director determines that the tax matters representative is unavailable or unwilling to act as the tax matters representative. If the department grants the petition, the new tax matters representative may file an appeal pursuant to subsection (2) of this section or file a written request for final hearing and final determination with the executive director pursuant to subsection (3) of this section within thirty days of the department’s order regarding the petition. This subsection (4) shall apply only to those tax matters representatives for which a notice of deficiency, notice of disallowance, or notice of rejection of refund claim has been mailed by the department of revenue as of May 1, 2011, but for which a final determination has not been issued before May 19, 2011.

(5)

In order to expedite the equitable resolution of requests for an administrative hearing regarding any conservation easement tax credit, avoid inconsistent determinations, and allow the executive director or the executive director’s designee to consider the full scope of applicable issues of law and fact, the executive director or the executive director’s designee shall have discretion to issue orders as set forth in paragraphs (a) to (e) of this subsection (5) as follows:

(a)

To consolidate cases involving common or related issues of fact or law. In identifying related cases, the executive director or the executive director’s designee may consider any common issues of law or fact, including but not limited to common ownership of the property subject to the easement, relationships of the taxpayers, and location of the easements.

(b)

To issue a final order finding that a case cannot reasonably be resolved through the administrative process and transferring jurisdiction of the case to the district court in accordance with subsection (2) of this section. Such a final order may issue for reasons including but not limited to a waiver of administrative process pursuant to paragraph (a) of subsection (2) of this section by another tax matters representative where consolidation would otherwise be appropriate pursuant to paragraph (a) of this subsection (5). Prior to issuance of such a final order, the parties shall have the opportunity to file written briefs addressing the proposed transfer.

(c)

If a tax matters representative fails to appear at a hearing or the tax matters representative has failed to adequately participate in such hearing, including but not limited to a failure to file the required pleadings or to appear at a scheduled conference, the executive director may without further proceedings issue a final determination.

(d)

To invite participation in the administrative process by any person who may be affected or aggrieved by a final determination, including but not limited to transferees. Such participation shall include the right to be admitted as a party to a hearing. Upon the person’s filing of a written request setting forth a brief and plain statement of the facts that entitle the person to be admitted and the matters to be decided, the executive director or the executive director’s designee shall have the authority to admit such person for limited purposes. This process shall be available only to persons who have claimed a credit or who may be eligible to claim a tax credit in relation to the conservation easement.

(e)

If a tax matters representative has not provided any document related to the credit that was required to be provided as part of the taxpayer’s return, including the return itself, or, if requested by the department for conservation easements donated prior to January 1, 2014, a copy of the complete appraisal obtained at the time of donation, the department may send a written request to the taxpayer for such document. Failure to provide the requested documents within sixty days of any such request shall constitute grounds for the issuance of a final determination denying the credit.

(6)

For any tax matters representative for which the executive director issued a final determination on or after May 1, 2011, the tax matters representative may appeal the final determination of the executive director pursuant to the provisions of section 39-21-105. The procedure governing such appeal shall be in accordance with the provisions of subsection (2) of this section; except that paragraphs (a), (c), and (d) of said subsection (2) shall not apply. If a tax matters representative fails to file a timely appeal pursuant to this subsection (6), any person who has claimed a credit or who may be eligible to claim a tax credit in relation to the tax matters representative’s donation may petition the department to change the tax matters representative’s designation within ten days after the final date for filing an appeal. The executive director shall promulgate rules on or before September 1, 2011, specifying the procedures for a change to the tax matters representative’s designation when the executive director determines that the tax matters representative is unavailable or unwilling to act as the tax matters representative. If the department of revenue grants the petition, the new tax matters representative may file an appeal pursuant to the provisions of this subsection (6) within thirty days of the department’s order regarding the petition.

(7)

If the executive director fails to issue a final determination on or before the dates specified or agreed to in subsection (3) or (4) of this section, the authority of the executive director to dispute the claim of the credit shall be waived, the full amount of the credit in dispute shall be allowed, and no interest or penalties shall be imposed upon such amount.

(8)

Repealed.

(9)

The executive director shall send a notice to each tax matters representative eligible to waive a hearing and appeal a notice of deficiency, notice of rejection of refund claim, or notice of disallowance to a district court pursuant to subsection (2) of this section to notify the tax matters representative of the provisions of this section. The notice shall be sent by certified mail to the tax matters representative’s last-known address on or before July 1, 2011. If the United States post office returns the notice as undeliverable by certified mail, the department shall then mail the notice in accordance with section 39-21-105.5. The notice shall not be included with any other mailing and shall include the words “Important Tax Document Enclosed” on the exterior of the mailing. The executive director shall further provide notice of the provisions of this section on the department of revenue’s website and by such other means as the executive director deems appropriate. The executive director shall maintain adequate records to verify compliance with the provisions of this subsection (9).

(10)

If the executive director makes a determination that the tax matters representative has transferred a disputed credit to another person who has not claimed the credit or that a person who claimed or may claim a disputed credit pursuant to section 39-22-522 cannot be identified or located, the executive director shall provide notice to such person as follows:

(a)

The executive director shall file an affidavit with the district court having jurisdiction over an appeal of the credit setting forth that the executive director has made diligent inquiry and has been unable to locate such person.

(b)

The district court shall then order a notice to be published by the department of revenue in some local newspaper of general circulation named by the judge and on the department’s website. The notice shall identify the property that is subject to the conservation easement and the date of the donation, and shall explain the right of the person to request joinder in the action on the disputed credit before the court, the time and place at which such request must be filed, and the title and address of the court at which the request must be filed.

(11)

If a tax matters representative proceeds with the hearing process before the executive director rather than appeal to a district court pursuant to subsection (2) of this section and either the tax matters representative or one or more transferees pays an amount on or before June 30, 2012, that satisfies a deficiency in an amount agreed to by the department of revenue for the tax owed by the tax matters representative or the transferee, all additional amounts of penalties and interest owed shall be waived.

(12)

and (13) Repealed.

(14)

Prior to the issuance of a final determination or the conclusion of an appeal of a notice of deficiency, notice of disallowance, or notice of rejection of refund claim for a tax credit claimed by a tax matters representative or a transferee pursuant to section 39-22-522, the executive director shall cease all actions to collect any amount of the disputed taxes, interest, or other charges asserted to be owed. The executive director shall provide notice of the provisions of this subsection (14) in accordance with subsection (9) of this section.

Source: Section 39-22-522.5 — Conservation easement tax credits - dispute resolution - legislative declaration, 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

§ 39-22-522.5’s source at colorado​.gov