The following rules apply to property exempted/applying for
exemption which is used by anyone other than the owner or property owned by a
religious organization which is used outside of its religious mission.
A.
DEFINITIONS
1. "Otherwise exempt from the payment of
property taxes", as stated in 39-3-116 (2)(b), C.R.S. means having met all of
the requirements for exemption as specified in 39-3-105, or 39-3-127, C.R.S. or
being exempt pursuant to Article VI cl. 2 of the Constitution of the United
States or Section 4 of the Enabling Act of Colorado.
B.
GENERAL PROVISIONS
1. The "amount received by the owner for the
use of such property" shall include all income no matter what it is called.
This shall include, but not be limited to, rent, donations, contributions, and
gifts received for the use of the property.
2. "Reasonable expenses incurred in the
operation and maintenance of the property" include, but are not limited to,
utilities; custodial services and supplies; costs for routine maintenance,
parts and labor; insurance; taxes; and interest on loans involving that
particular piece of property. Expenses may also include 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.
3. An "equitable
portion of reasonable expenses incurred in the operation and maintenance of the
property" will be determined by considering the amount of time a particular
user occupies a portion of the property, and the amount of space used in
comparison to the total area of the building, and the reasonable expenses
incurred as defined in Rule V. B. 2. Either of the following sets of formulas
may be used:
(A)
(1)
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(2)
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(3)
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(B)
(1)
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(2)
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(3)
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Exclusive use of an area by a user must be considered twenty
four hours of use for each day that the property is so occupied.
4. For those
properties exempted under 39-3-107 to 113.5 and 39-3-127.7, C.R.S., excluding
39-3-108 (1)(b), the exemption will not be affected by occasional,
non-continuous, non-qualifying use so long as that use does not exceed the
limits set out in 39-3-106.5 (2) C.R.S.
Should occasional, non-continuous, non-qualifying use exceed
the stated limits, the percentage of taxable value will be based on the total
amount of non-qualifying use.
Notes
8 CCR
1304-2-V
39
CR 23, December 10, 2016, effective
12/30/2016
46
CR 23, December 10, 2023, effective
1/1/2024
47
CR 15, August 10, 2024, effective
6/28/2024, exp.
10/26/2024
(Emergency)
