C.R.S. Section 39-5-122
Taxpayer’s remedies to correct errors


(1)

Intentionally left blank —Ed.

(a)

On or before May 1 of each year, the assessor shall give public notice in at least one issue of a newspaper published in the assessor’s county that, beginning on the first working day after notices of adjusted valuation are mailed to taxpayers, the assessor will sit to hear all objections and protests concerning valuations of taxable real property determined by the assessor for the current year; that, for a taxpayer’s objection and protest to be heard, notice must be given to the assessor; and that such notice must be postmarked, delivered, or given in person by June 8. The notice must also state that objections and protests concerning valuations of taxable personal property determined by the assessor for the current year will be heard commencing June 15; that, for a taxpayer’s objection and protest to be heard, notice must be given to the assessor; and that such notice must be postmarked or physically delivered by June 30. If there is no such newspaper, then such notice must be conspicuously posted in the offices of the assessor, the treasurer, and the county clerk and recorder and in at least two other public places in the county seat. The assessor shall send news releases containing such notice to radio stations, television stations, and newspapers of general circulation in the county.

(b)

Repealed.

(2)

If any person is of the opinion that his or her property has been valued too high, has been twice valued, or is exempt by law from taxation or that property has been erroneously assessed to such person, he or she may appear before the assessor and object, complete the form mailed with his or her notice of valuation pursuant to section 39-5-121 (1) or (1.5), or file a written letter of objection and protest by mail with the assessor’s office before the last day specified in the notice, stating in general terms the reason for the objection and protest. Reasons for the objection and protest may include, but shall not be limited to, the installation and operation of surface equipment relating to oil and gas wells on agricultural land. Any change or adjustment of any ratio of valuation for assessment shall not constitute grounds for an objection. If the form initiating an appeal or the written letter of objection and protest is filed by mail, it shall be presumed that it was received as of the day it was postmarked. If the form initiating an appeal or the written letter of objection and protest is hand-delivered, the date it was received by the assessor shall be stamped on the form or letter. As stated in the public notice given by the assessor pursuant to subsection (1) of this section, the taxpayer’s notification to the assessor of his or her objection and protest to the adjustment in valuation must be delivered, postmarked, or given in person by June 8 in the case of real property. In the case of personal property, the notice must be postmarked or physically delivered by June 30. All such forms and letters received from protesters shall be presumed to be on time unless the assessor can present evidence to show otherwise. The county shall not prescribe the written form of objection and protest to be used. The protester shall have the opportunity on the days specified in the public notice to present his or her objection in writing or protest in person and be heard, whether or not there has been a change in valuation of such property from the previous year and whether or not any change is the result of a determination by the assessor for the current year or by the state board of equalization for the previous year. If the assessor finds any valuation to be erroneous or otherwise improper, the assessor shall correct the error. If the assessor declines to change any valuation that the assessor has determined, the assessor shall state his or her reasons in writing on the form described in section 39-8-106, shall insert the information otherwise required by the form, and shall mail two copies of the completed form to the person presenting the objection and protest so denied on or before the last regular working day of the assessor in June in the case of real property and on or before July 10 in the case of personal property; except that, if a county has made an election pursuant to section 39-5-122.7 (1), the assessor shall mail the copies on or before August 15 in the case of both real and personal property.

(2.5)

If the property that is the subject of an objection and protest is rent-producing commercial real property located in a county that has made an election pursuant to section 39-5-122.7 (1), then, on or before July 15, the taxpayer shall provide to the assessor the information described in section 39-8-107 (5)(a)(I).

(3)

Any person whose objection and protest has been denied in writing by the assessor may appeal to the county board of equalization in the manner provided in article 8 of this title.

(4)

The assessor shall continue his hearings from day to day until all objections and protests have been heard, but all such hearings shall be concluded by June 1 in the case of real property and July 5 in the case of personal property.

(5)

Intentionally left blank —Ed.

(a)

Any written statement given by any assessor which consists only of a denial of any objection and protest or which consists of a statement referring to compliance by the county with the requirements of valuation for assessment study shall not be sufficient to satisfy the requirements of subsection (2) of this section concerning the statement of reasons why an objection and protest is denied.

(b)

Any information presented by the taxpayer regarding the value of his property shall be considered by the assessor in determining whether an adjustment in value is warranted.

(6)

If, during the appeal process described in this section, the assessor discovers any error that impacts the valuation of a class or subclass of property, then, pursuant to section 39-8-102 (1), the assessor shall recommend to the county board of equalization an adjustment to the valuation of the class or subclass of property to correct the error.

Source: Section 39-5-122 — Taxpayer’s remedies to correct errors, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-39.­pdf (accessed Dec. 24, 2024).

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

§ 39-5-122’s source at colorado​.gov