C.R.S. Section 39-5-116
Failure to file schedule

  • failure to fully and completely disclose

(1)

If any person owning taxable personal property to whom one or more personal property schedules have been mailed, or upon whom the assessor or his deputy has called and left one or more schedules, fails to complete and return the same to the assessor by the April 15 next following, unless by such date such person has requested an extension of filing time as provided for in this section, the assessor shall impose a late filing penalty in the amount of fifty dollars or, if a lesser amount, fifteen percent of the amount of tax due on the valuation for assessment determined for the personal property for which any delinquent schedule or schedules are required to be filed. Any person who is unable to properly complete and file one or more of such schedules by April 15 may request an extension of time for filing, for a period of either ten or twenty days, which request shall be in writing and shall be accompanied by payment of an extension fee in the amount of two dollars per day of extension requested. A single request for extension shall be sufficient to extend the filing date for all such schedules which a person is required to file in a single county. Any person who fails to file one or more schedules by the end of the extension time requested shall be subject to a late filing penalty as though no extension had been requested. Further, if any person fails to complete and file one or more schedules by April 15 or, if an extension is requested, by the end of the requested extension, then the assessor may determine the actual value of such person’s taxable personal property on the basis of the best information available to and obtainable by him and shall promptly notify such person or his agent of such valuation. Extension fees and late filing penalties shall be fees of the assessor’s office. Penalties, if unpaid, shall be certified to the treasurer for collection with taxes levied upon the person’s property.

(2)

Intentionally left blank —Ed.

(a)

If any person owning taxable personal property to whom two successive personal property schedules have been mailed or upon whom the assessor or his deputy has called and left one or more schedules fails to make a full and complete disclosure of his personal property for assessment purposes, the assessor, after notifying the person of his failure to make such a full and complete disclosure and allowing such person ten days from the date of notification to comply, shall, upon discovery, determine the actual value of such person’s taxable property on the basis of the best information available to and obtainable by him and shall promptly notify such person or his agent of such valuation. The assessor shall impose a penalty in an amount of up to twenty-five percent of the valuation for assessment determined for the omitted personal property. Penalties, if unpaid, shall be certified to the treasurer for collection with taxes levied upon the person’s personal property. A person fails to make a full and complete disclosure of his personal property pursuant to this paragraph (a) if he includes in a filed schedule any information concerning his property which is false, erroneous, or misleading or fails to include in a schedule any taxable property owned by him.

(b)

Any person who makes full and complete disclosure on the first personal property schedules issued to him on or after August 1, 1987, shall not be assessed a penalty for property previously omitted from the assessment rolls under this article.

(c)

Any person subject to paragraph (a) of this subsection (2) shall have the right to pursue the administrative remedies available to taxpayers under this title, dependent upon the basis of his claim.

Source: Section 39-5-116 — Failure to file schedule - failure to fully and completely disclose, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-39.­pdf (accessed Oct. 20, 2023).

39‑5‑101
Duties of assessor 39‑5‑102
When schedules required - nonresident owners listed 39‑5‑103
Property described 39‑5‑103.5
Maps of parcels of land in the county 39‑5‑104
Valuation of property 39‑5‑104.5
Valuation of personal property 39‑5‑104.7
Valuation of real and personal property that produces alternating current electricity from a renewable energy source 39‑5‑105
Improvements - water rights - valuation 39‑5‑106
Purchase of state land 39‑5‑107
Personal property schedule 39‑5‑108
Schedule sent to taxpayer - return 39‑5‑108.5
Furnished residential real property rental advertisements - information to be provided to the assessor - legislative declaration 39‑5‑110
Property brought into state after assessment date - removal before next assessment date 39‑5‑113
Movable equipment - apportionment of value 39‑5‑113.3
Oil and gas drilling rigs - apportionment of value 39‑5‑113.5
Works of art - apportionment of value 39‑5‑114
Unclassified property shown on schedule 39‑5‑115
Taxpayer to furnish information - affidavit on mineral leases 39‑5‑116
Failure to file schedule - failure to fully and completely disclose 39‑5‑117
Property improvements destroyed after assessment date 39‑5‑118
Failure to receive schedule - validity of valuation 39‑5‑119
Refusal to answer - court order 39‑5‑120
Tax schedules endorsed and filed - availability for inspection 39‑5‑121
Notice of valuation - legislative declaration - definition - repeal 39‑5‑121.5
Valuation - inspection of data by taxpayers 39‑5‑122
Taxpayer’s remedies to correct errors 39‑5‑122.7
Alternate protest and appeal procedure for specified counties 39‑5‑123
Abstract of assessment or amended abstract of assessment 39‑5‑124
Property tax administrator to examine abstract 39‑5‑125
Omission - correction of errors 39‑5‑126
Wrongful return by assessor 39‑5‑127
Correction of assessments 39‑5‑128
Certification of valuation for assessment - repeal 39‑5‑129
Delivery of tax warrant - public inspection 39‑5‑130
Informality not to invalidate 39‑5‑132
Assessment and taxation of new construction 39‑5‑133
2011 modification of statutory definition of “agricultural land” - TABOR election - adjustment of district mill levy 39‑5‑134
Controlled environment agricultural facility - valuation - affidavit - definition - repeal 39‑5‑201
Legislative declaration 39‑5‑202
Taxation of mobile homes - effective date 39‑5‑203
Mobile homes - determination of value 39‑5‑204
Notification concerning mobile homes in a county for part of a year 39‑5‑205
Relocation of a mobile home - collection of taxes
Green check means up to date. Up to date

Current through Fall 2024

§ 39-5-116’s source at colorado​.gov