C.R.S. Section 39-3-116
Combination use of property

  • charitable, religious, and educational purposes
  • exemption
  • limitations

(1)

Except as otherwise provided in this section, property, real and personal, which is used, or owned and used, as applicable, by the owner thereof or by any other person or organization solely and exclusively for any combination of the purposes specified in sections 39-3-106 to 39-3-113.5, subject to the limitations and requirements in said sections, is exempt from the levy and collection of property tax. No requirement shall be imposed that use of property that is otherwise exempt pursuant to any of said sections shall benefit the people of Colorado in order to qualify for said exemption. Property that is otherwise exempt pursuant to the provisions of this section is subject to the provisions of section 39-3-129 relating to the proportional valuation of exempt property if such property is partially leased, loaned, or otherwise made available for a portion of any calendar year to any business conducted for profit.

(2)

Except as set forth in subsection (2.5) of this section, in the event that such property is used by any person or organization other than the owner:

(a)

The use of the property by the owner, if any, must qualify pursuant to the provisions of this section or pursuant to any of the provisions of sections 39-3-106 to 39-3-113.5, and, in addition, the owner must qualify for an exemption pursuant to the provisions of section 39-2-117;

(b)

The use of the property by the person or organization other than the owner is a use described in the provisions of this section or in any of the provisions of sections 39-3-106 to 39-3-113.5 or such person or organization is otherwise exempt from the payment of property taxes; and

(c)

The amount received by the owner for the use of such property specified in sections 39-3-107 to 39-3-113.5, other than from any shareholder or member of the owner or from any person or organization controlled by an organization which also controls such shareholder or member, must not exceed one dollar per year plus an equitable portion of the reasonable expenses incurred in the operation and maintenance of the property so used. For purposes of this paragraph (c), reasonable expenses include interest expenses, depreciation, long-term maintenance expenses allowed in accordance with generally accepted accounting principles, capital expenses dedicated to refurbishing the property, and expenses incurred to allow the property to conserve energy, water, or other natural resources, but do not include any amount expended to reduce debt.

(2.5)

Subsection (2) of this section does not apply to property that is used as an integral part of a child care center operated by a person or organization other than the owner of the property and that qualifies for an exemption under section 39-3-110.

(3)

Any exemption claimed pursuant to the provisions of this section shall comply with the provisions of section 39-2-117.

Source: Section 39-3-116 — Combination use of property - charitable, religious, and educational purposes - exemption - limitations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-39.­pdf (accessed Oct. 20, 2023).

39–3–101
Legislative declaration - presumption of charitable purpose
39–3–102
Household furnishings - exemption
39–3–103
Personal effects - exemption
39–3–104
Ditches, canals, and flumes - exemption
39–3–105
Public libraries - governments - school districts - exemption
39–3–106
Property - religious purposes - exemption - legislative declaration
39–3–106.5
Tax-exempt property - incidental use - exemption - limitations
39–3–107
Property - not-for-profit schools - exemption
39–3–108
Property - nonresidential - health-care facility - water company - charitable purposes - exemption - limitations
39–3–108.5
Property - community corrections facility - exemption
39–3–109
Residential property - integral part of tax-exempt entities - charitable purposes - exemption - limitations
39–3–110
Property - integral part of child care center - charitable purposes - exemption - limitations
39–3–111
Property - used by fraternal or veterans’ organization - charitable purposes - exemption - limitations
39–3–111.5
Property - health-care services - charitable purposes - exemption - limitations
39–3–112
Residential property - orphanage - low-income elderly or individuals with disabilities - homeless or abused - low-income households - charitable purposes - exemption - limitations - definitions
39–3–112.5
Residential property - homeless - charitable purposes - exempt - limitations
39–3–113
Residential property - while being constructed - charitable purposes - exemption - limitations
39–3–113.5
Property acquired by nonprofit housing provider for low-income housing - use for charitable purposes - exemption - limitations - definitions
39–3–114
Burden - claim for charitable exemption
39–3–115
Statutes not applicable
39–3–116
Combination use of property - charitable, religious, and educational purposes - exemption - limitations
39–3–117
Cemeteries - not-for-profit - exemption
39–3–118
Intangible personal property - exemption
39–3–118.5
Business personal property - exemption - exemption authority for local governments
39–3–118.7
Community solar garden - partial business personal property tax exemption - definitions
39–3–119
Inventories - materials and supplies - held for consumption or primarily for sale - exemption
39–3–119.5
Personal property - exemption - reimbursement to local governments - legislative declaration - definitions
39–3–120
Livestock - exemption
39–3–121
Agricultural and livestock products - exemption
39–3–122
Agricultural equipment used in production of agricultural products - CEA facilities - exemption - definition
39–3–123
Works of art, literary materials, and artifacts - on loan - exemption - limitations - definitions
39–3–124
Property used by state entity - installment sales or lease agreement - financed purchase of an asset, certificate of participation, or leveraged lease agreement - exemption
39–3–126
Horticultural improvements - exemption - limitation - exception
39–3–126.5
Mobile homes - low-value - exemption - legislative declaration - definition
39–3–127
County fair property - exemption - limitation
39–3–127.5
Qualifying business entities - participation in federal tax credit transactions - exemption - requirements - definitions
39–3–127.7
Community land trust property - nonprofit affordable homeownership developer property - exemption - requirements - legislative declaration - definitions
39–3–128
Exempt property listed and valued
39–3–129
Proportional valuation - exempt property
39–3–130
Change in tax status of property - effective date - tax liability
39–3–131
Entire property becomes tax-exempt
39–3–132
Portion of property becomes tax-exempt
39–3–133
Payment of property taxes extinguishes lien
39–3–134
Condemnation by tax-exempt agency - duties of treasurer
39–3–137
Organizations with tax-exempt status - forgiveness of taxes owed
39–3–138
EV supply equipment - exemption
39–3–201
Legislative declaration
39–3–202
Definitions
39–3–203
Property tax exemption - qualifications
39–3–204
Notice of property tax exemption
39–3–205
Exemption applications - penalty for providing false information - confidentiality
39–3–206
Notice to individuals returning incomplete or nonqualifying exemption applications - denial of exemption - administrative remedies
39–3–207
Reporting of exemptions - reimbursement to local governmental entities
39–3–208
Auditing of property tax exemption program
39–3–209
State expenditure for property tax exemptions - mechanism for refunding of excess state revenue - legislative declaration
39–3–210
Reporting of property tax revenue reductions - reimbursement of local governmental entities - definitions - local government backfill cash fund - creation - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 39-3-116’s source at colorado​.gov