Colorado § 39-30-105.6 Credit against tax - rehabilitation of vacant buildings

Colorado Statutes

§ 39-30-105.6 — Credit against tax - rehabilitation of vacant buildings

Colorado § 39-30-105.6

Title 39Taxation

Art.Urban and Rural Enterprise Zone Act

This text of Colorado § 39-30-105.6 (Credit against tax - rehabilitation of vacant buildings) 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. § 39-30-105.6 (2026).

Text

(1)For income tax years commencing on or after January 1, 1989, any taxpayer who is the owner or tenant of a building which is located in an enterprise zone, which is at least twenty years old, and which has been unoccupied for at least two years and who makes qualified expenditures for the purpose of rehabilitating said building shall be allowed a credit against the income tax imposed by article 22 of this title in an amount equal to twenty-five percent of the aggregate qualified expenditures per building or fifty thousand dollars per building, whichever is less.

(2)Any taxpayer who is allowed a credit for costs incurred in the rehabilitation of property pursuant to the provisions of section 38 of the federal Internal Revenue Code of 1986, as amended, shall not be allowed the

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(1) For
income tax years commencing on or after January 1, 1989, any taxpayer who is the
owner or tenant of a building which is located in an enterprise zone, which is at
least twenty years old, and which has been unoccupied for at least two years and
who makes qualified expenditures for the purpose of rehabilitating said building
shall be allowed a credit against the income tax imposed by article 22 of this title in
an amount equal to twenty-five percent of the aggregate qualified expenditures
per building or fifty thousand dollars per building, whichever is less.

(2) Any taxpayer who is allowed a credit for costs incurred in the
rehabilitation of property pursuant to the provisions of section 38 of the federal
Internal Revenue Code of 1986, as amended, shall not be allowed the credit
provided for in subsection (1) of this section.

(3) Except as provided in section 24-46-107, if the amount of the credit
allowed pursuant to the provisions of this section exceeds the amount of income
taxes otherwise due on the income of the taxpayer in the income tax year for which
the credit is being claimed, the amount of the credit not used as an offset against
income taxes in said income tax year may be carried forward as a credit against
subsequent years' income tax liability for a period not exceeding five years and
shall be applied first to the earliest income tax years possible. Any credit remaining
after said period shall not be refunded or credited to the taxpayer.

(4) As used in this section, unless the context otherwise requires: Qualified
expenditures means expenditures associated with any exterior improvements,
structural improvements, mechanical improvements, or electrical improvements
necessary to rehabilitate for commercial use a building which meets the
requirements established in subsection (1) of this section. Qualified expenditures
includes, but shall not be limited to, expenditures associated with demolition,
carpentry, sheetrock, plaster, painting, ceilings, fixtures, doors, windows, sprinkler
systems installed for fire protection purposes, roofing and flashing, exterior repair,
cleaning, tuckpointing, and cleanup. Qualified expenditures does not include
expenditures, commonly referred to as soft costs, which include, but are not limited
to, costs associated with appraisals; architectural, engineering, and interior design
fees; legal, accounting, and realtor fees; loan fees; sales and marketing; closing;
building permit, use, and inspection fees; bids; insurance; project signs and phones;
temporary power; bid bonds; copying; and rent loss during construction. Qualified
expenditures also does not include costs associated with acquisition; interior
furnishings; new additions except as may be required to comply with building and
safety codes; excavation; grading; paving; landscaping; and repairs to outbuildings.

(5) Any form filed with the department of revenue for the purpose of
claiming the credit allowed by this section shall be accompanied by a copy of the
certification of the qualified nature of the expenditures furnished to the taxpayer
by the enterprise zone administrator and by copies of any receipts, bills, or other
documentation of the qualified expenditures claimed for the purpose of receiving
the credit.