Colorado § 39-3.5-112 Election by spouse to continue tax deferral

Colorado Statutes

§ 39-3.5-112 — Election by spouse to continue tax deferral

Colorado § 39-3.5-112

Title 39Taxation

Art.Tax Deferral for the Elderly

This text of Colorado § 39-3.5-112 (Election by spouse to continue tax deferral) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 39-3.5-112 (2026).

Text

(1)Notwithstanding the provisions of section 39-3.5-110, when one of the circumstances listed in section 39-3.5-110 (1)(a) or (1)(c) occurs, the spouse of the taxpayer may elect to continue the property in its tax-deferred status if:

(a)The spouse of the taxpayer is or will be sixty years of age or older when the circumstance occurs; and

(b)The property is the homestead of the spouse of the taxpayer and meets the requirements of section 39-3.5-103 (1)(b) and (1)(c). (1.5) (a) Notwithstanding the provisions of section 39-3.5-110 (1)(a), when a taxpayer who claimed a tax deferral pursuant to this article 3.5 dies, the loan for deferred real property taxes, including accrued interest, shall not become payable if:

(I)The taxpayer was a person called into military service or wa

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(1)
Notwithstanding the provisions of section 39-3.5-110, when one of the
circumstances listed in section 39-3.5-110 (1)(a) or (1)(c) occurs, the spouse of the
taxpayer may elect to continue the property in its tax-deferred status if:

(a) The spouse of the taxpayer is or will be sixty years of age or older when
the circumstance occurs; and

(b) The property is the homestead of the spouse of the taxpayer and meets
the requirements of section 39-3.5-103 (1)(b) and (1)(c).

(1.5) (a) Notwithstanding the provisions of section 39-3.5-110 (1)(a), when a
taxpayer who claimed a tax deferral pursuant to this article 3.5 dies, the loan for
deferred real property taxes, including accrued interest, shall not become payable
if:

(I) The taxpayer was a person called into military service or was a person
eligible for deferral under section 39-3.5-102 (1)(c);

(II) The taxpayer is survived by a spouse; and

(III) The property is the homestead of the surviving spouse and meets the
requirements of section 39-3.5-103 (1)(b) and (1)(c).

(b) If paragraph (a) of this subsection (1.5) applies, a loan for deferred real
property taxes, including accrued interest, shall become payable when the spouse
of the taxpayer dies, in addition to the events set forth in section 39-3.5-110.

(2) The election granted under subsection (1) of this section shall be filed in
the same manner as a claim for deferral is filed under section 39-3.5-102, not later
than ninety days from the date the circumstance occurs. Thereafter, the property
shall continue to be treated as tax-deferred property, and the county treasurer and
state treasurer shall withdraw any action taken under section 39-3.5-111. When the
property has been continued in its tax-deferred status by the spouse of the
taxpayer, the spouse may continue the property in its tax-deferred status in
subsequent years by filing a claim, as provided in section 39-3.5-104, annually if the
property continues to be eligible for tax-deferred status.

Legislative History

Source: L. 78: Entire article added, p. 475, � 1, effective February 28, 1979. L. 79: IP(1) and (2) amended, p. 1414, � 8, effective January 1, 1980. L. 2005: (1.5) added, p. 878, � 3, effective June 1. L. 2021: IP(1.5)(a) and (1.5)(a)(I) amended, (SB 21-293), ch. 301, p. 1810, � 8, effective June 23.