(1)For the property tax
year commencing January 1, 2002, for property tax years commencing on or after
January 1, 2006, but before January 1, 2009, and for property tax years commencing
on or after January 1, 2012, fifty percent of the first two hundred thousand dollars of
actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of the owner-occupier shall be
exempt from taxation, and for property tax years commencing on or after January 1,
2003, but before January 1, 2006, and on or after January 1, 2009, but before
January 1, 2012, fifty percent of zero dollars of actual value of residential real
property that as of the assessment date is owner-occupied and is used as the
primary residence of the owner-occup
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(1) For the property tax
year commencing January 1, 2002, for property tax years commencing on or after
January 1, 2006, but before January 1, 2009, and for property tax years commencing
on or after January 1, 2012, fifty percent of the first two hundred thousand dollars of
actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of the owner-occupier shall be
exempt from taxation, and for property tax years commencing on or after January 1,
2003, but before January 1, 2006, and on or after January 1, 2009, but before
January 1, 2012, fifty percent of zero dollars of actual value of residential real
property that as of the assessment date is owner-occupied and is used as the
primary residence of the owner-occupier shall be exempt from taxation if:
(a) (I) The owner-occupier is sixty-five years of age or older as of the
assessment date and has owned and occupied such residential real property as his
or her primary residence for the ten years preceding the assessment date; or
(II) The owner-occupier is the surviving spouse of an owner-occupier who
previously qualified for a property tax exemption for the same residential real
property under subparagraph (I) of this paragraph (a); and
(b) The owner-occupier has completed and filed an exemption application in
the manner required by section 39-3-205 and the circumstances that qualify the
property for the exemption have not changed since the filing of the application.
Under no circumstances shall an exemption be allowed for property taxes assessed
during any property tax year prior to the year in which an owner-occupier first files
an exemption application.
(1.5) (a) For property tax years commencing on or after January 1, 2007, fifty
percent of the first two hundred thousand dollars of actual value of residential real
property that as of the assessment date is owner-occupied and is used as the
primary residence of an owner-occupier who is a qualifying veteran with a disability
shall be exempt from taxation if:
(I) The owner-occupier has completed and filed an exemption application in
the manner required by section 39-3-205; and
(II) The circumstances that qualify the property for the exemption have not
changed since the filing of the application.
(a.5) For property tax years commencing on or after January 1, 2015, fifty
percent of the first two hundred thousand dollars of actual value of residential real
property that as of the assessment date is owner-occupied and is used as the
primary residence of an owner-occupier who is the surviving spouse of a qualifying
veteran with a disability who previously received an exemption under subsection
(1.5)(a) of this section is exempt from taxation.
(b) Under no circumstances shall an exemption be allowed for property
taxes assessed during any property tax year prior to the year for which an owner-occupier first files an exemption application.
(2) Notwithstanding the provisions of paragraph (a) of subsection (1) and
subsection (1.5) of this section, if ownership of residential real property that
qualified for an exemption as of the assessment date changes after the assessment
date, an exemption shall be allowed only if an owner-occupier whose status as an
owner-occupier qualified the property for the exemption has filed an exemption
application by the deadline for filing exemption applications specified in section
39-3-205 (1).
(3) An individual who owns and occupies a dwelling unit in a common interest
community, as defined in section 38-33.3-103 (8), C.R.S., as his or her primary
residence, or who owns residential real property consisting of multiple-dwelling
units and occupies one of the dwelling units as his or her primary residence, shall be
allowed an exemption only with respect to the dwelling unit that the individual
occupies as his or her primary residence.
(4) No more than one exemption per property tax year shall be allowed for a
single dwelling unit of residential real property, regardless of how many owner-occupiers use the dwelling unit as their primary residence or whether one or more
owner-occupiers qualify for exemptions under both subsections (1) and (1.5) of this
section. The full amount of the exemption allowed by subsection (1) or (1.5) of this
section shall be allowed with respect to any single dwelling unit of residential real
property so long as any owner-occupier of the dwelling unit satisfies the
requirements of subsection (1) or (1.5) of this section, and the fact that any other
person who does not satisfy said requirements is also an owner of record of the
dwelling unit shall not affect the amount of the exemption.
(5) For purposes of this part 2, two individuals who are legally married, but
who own more than one piece of residential real property, shall be deemed to
occupy the same primary residence and may claim no more than one exemption.
(6) (a) Notwithstanding the ten-year occupancy requirement set forth in
subparagraph (I) of paragraph (a) of subsection (1) of this section, an owner-occupier who has not actually owned and occupied residential real property for
which the owner-occupier has claimed an exemption under said subsection (1) for
the ten years preceding the assessment date shall be deemed to have met the ten-year requirement and shall be allowed an exemption under said subsection (1) with
respect to the property if:
(I) The owner-occupier would have qualified for the exemption with respect
to other residential real property that the owner-occupier owned and occupied as
his or her primary residence before moving to the residential real property for which
an exemption is claimed but for the fact that the other property was condemned by
a governmental entity through an eminent domain proceeding; or
(I.5) For property tax years commencing on or after January 1, 2015, the
owner-occupier would have qualified for the exemption with respect to other
residential real property that the owner-occupier owned and occupied as his or her
primary residence before moving to the residential real property for which an
exemption is claimed but for the fact that a natural disaster destroyed the former
primary residence or otherwise rendered it uninhabitable; and
(II) The owner-occupier has not owned and occupied residential property as
his or her primary residence other than the residential real property for which an
exemption is claimed since the condemnation occurred.
(b) An owner-occupier who claims an exemption with respect to residential
real property that he or she has not actually owned and occupied as his or her
primary residence for the ten years preceding the assessment date as permitted by
paragraph (a) of this subsection (6) shall provide to the assessor with whom the
owner-occupier files the exemption application any information that the assessor
may reasonably require to verify that the owner-occupier is entitled to an
exemption.