Property, real and personal, of public libraries and of the state and its political subdivisions, including school districts or any cooperative association thereof, shall be exempt from the levy and collection of property tax.
Source: L. 89: Entire article R&RE, p. 1471, � 1, effective April 23.
Editor's note: This section is similar to former � 39-3-101 (1)(d) as it existed prior to 1989.
39-3-106. Property - religious purposes - exemption - legislative declaration. (1) Property, real and personal, which is owned and used solely and exclusively for religious purposes and not for private gain or corporate profit shall be exempt from the levy and collection of property tax.
(2) In order to guide members of the public and public officials alike in the making of their day-to-day decisions, to provide for a consistent application of the laws, and to assist in the avoidance of litigation, the general assembly hereby finds and declares that religious worship has different meanings to different religious organizations; that the constitutional guarantees regarding establishment of religion and the free exercise of religion prevent public officials from inquiring as to whether particular activities of religious organizations constitute religious worship; that many activities of religious organizations are in the furtherance of the religious purposes of such organizations; that such religious activities are an integral part of the religious worship of religious organizations; and that activities of religious organizations which are in furtherance of their religious purposes constitute religious worship for purposes of section 5 of article X of the Colorado constitution. This legislative finding and declaration shall be entitled to great weight in any and every court.
(3) For the purpose of claiming an exemption pursuant to this section, property that is owned and used by a charitable trust that is exempt from taxation under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, shall be treated the same as property that is owned and used by any other type of nonprofit organization.
Source: L. 89: Entire article R&RE, p. 1471, � 1, effective April 23; entire section R&RE, p. 1485, � 1, effective June 7. L. 2004: (3) added, p. 506, � 3, effective August 4.
Editor's note: This section is similar to former � 39-3-101 (1)(e) as it existed prior to 1989.
Cross references: For the constitutional provision regarding exemptions for property used for religious worship, schools, or charitable purposes, see � 5 of article X of the state constitution.
39-3-106.5. Tax-exempt property - incidental use - exemption - limitations. (1) If any property, real or personal, which is otherwise exempt from the levy and collection of property tax pursuant to the provisions of section 39-3-106, is used for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113.5, such property shall be exempt from the levy and collection of property tax if:
(a) The property is used for such purposes for less than two hundred eight hours, adjusted for partial usage if necessary on the basis of the relationship that the amount of time and space used for such other purpose bears to the total available time and space, during the calendar year; or
(b) The use of the property for such purposes results in either:
(I) Less than ten thousand dollars of gross income to the owner of such property which is derived from any unrelated trade or business, as determined pursuant to the provisions of sections 511 to 513 of the federal Internal Revenue Code of 1986, as amended; or
(II) Less than ten thousand dollars of gross rental income to the owner of such property.
(1.5) Notwithstanding the provisions of subsection (1) of this section, for property tax years commencing on or after January 1, 1994, if any property, real or personal, which is otherwise exempt from the levy and collection of property tax pursuant to the provisions of section 39-3-106, is used for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113.5, such property shall be exempt from the levy and collection of property tax if:
(a) The property is used for such purposes for less than two hundred eight hours, adjusted for partial usage if necessary on the basis of the relationship that the amount of time and space used for such other purpose bears to the total available time and space, during the calendar year; or
(b) The use of the property for such purposes results in:
(I) Less than ten thousand dollars of gross income to the owner of such property which is derived from any unrelated trade or business, as determined pursuant to the provisions of sections 511 to 513 of the federal Internal Revenue Code of 1986, as amended; and
(II) Less than ten thousand dollars of gross rental income to the owner of such property.
(2) Except as otherwise provided in section 39-3-108 (3) and subsection (3) of this section, if any property, real or personal, that is otherwise exempt from the levy and collection of property tax pursuant to the provisions of sections 39-3-107 to 39-3-113.5 is used on an occasional, noncontinuous basis for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113.5, such property shall be exempt from the levy and collection of property tax if:
(a) The property is used for such purposes for less than two hundred eight hours, adjusted for partial usage if necessary on the basis of the relationship that the amount of time and space used for such other purpose bears to the total available time and space, during the calendar year; or
(b) The use of the property for such purposes results in less than twenty-five thousand dollars of gross rental income to the owner of such property.
(3) The requirement that property be used on an occasional basis in order to qualify for the exemption set forth in subsection (2) of this section shall not apply to property, real or personal, that is otherwise exempt from the levy and collection of property tax pursuant to the provisions of section 39-3-111 that is used for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113.5.
Source: L. 89: Entire section added, p. 1486, � 2, effective June 7. L. 91: (2) added, p. 1956, � 2, effective June 7. L. 93: (1.5) added, p. 613, � 1, effective April 30. L. 2004: (2)(b) amended, p. 359, � 1, effective August 4. L. 2011: IP(2) amended and (3) added, (HB 11-1010), ch. 275, p. 1240, � 2, effective August 10. L. 2013: IP(1), IP(1.5), IP(2), and (3) amended, (HB 13-1300), ch. 316, p. 1703, � 118, effective August 7.