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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 39. Taxation § 39-3.5-112. Election by spouse to continue tax deferral - last updated January 01, 2025 | https://codes.findlaw.com/co/title-39-taxation/co-rev-st-sect-39-3-5-112/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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