Colorado § 39-10-107 - Apportionment of taxes, delinquent interest - payment.

§ 39-10-107. Apportionment of taxes, delinquent interest - payment.

(1) (a) Notwithstanding any other provision of law, all taxes collected by the treasurer shall be apportioned, credited, and distributed to the county and the several towns, cities, school districts, and special districts within the county on the tenth day of each month for all taxes collected during the immediately preceding month; except that:

(I) If the amount of taxes collected for the month equals less than one hundred dollars for any town, city, school district, or special district, the treasurer may elect to distribute the amount on a quarterly basis to the town, city, school district, or special district; and

(II) If the amount of taxes collected for the month equals less than fifty dollars for any town, city, school district, or special district, the treasurer may elect to distribute the amount on an annual basis to the town, city, school district, or special district.

(b) Any prior years' taxes collected during any given year on oil and gas leaseholds and lands that had previously been omitted from the assessment roll due to underreporting of the selling price or the quantity of oil and gas sold therefrom shall be placed in escrow by the treasurer to be apportioned, credited, and distributed during January of the subsequent year.

(c) Prior to being apportioned, credited, and distributed, all taxes collected by the treasurer shall be reduced by an amount equal to the costs incurred by the treasurer and the assessor; except that such costs shall not include any contingency fee paid to any person for the audit review and collection of such prior years' taxes as such contingency fees are prohibited. Prior to being apportioned, credited, and distributed, all taxes shall be reduced by an amount equal to an entity's pro rata share of any tax refunds granted subsequent to distribution by the treasurer if the amount has not otherwise been returned by the entity; except that this requirement to reduce taxes shall not apply to a city and county. All delinquent interest shall be apportioned, credited, and distributed in the same manner.

(2) Repealed.

(3) Whenever any school district elects, pursuant to law, to have the moneys of such district paid over to the district treasurer, the treasurer of any county wherein such school district is located shall, no later than the tenth day of each month, pay over to the district treasurer all taxes collected for said school district during the month immediately preceding; except that, on and after January 1, 1992, the county treasurer shall make an additional payment to the district treasurer during the months of March, May, and June, which payment shall consist of all taxes collected through the twentieth day of the respective month if the county has a population of at least five thousand persons and which payment shall consist of all taxes collected through the eighteenth day of the respective month if the county has a population of less than five thousand persons. Such additional payment shall be made no later than the twenty-fourth day of said month.

(4) No later than the tenth day of each month, the treasurer shall prepare and submit to the board of county commissioners and to the proper officer of each town, city, school district, and special district within his county a statement showing the amount collected by him for each such entity during the month immediately preceding from each separate levy imposed for such entity. No later than the tenth day of January of each year, he shall prepare and submit a similar statement showing the amount collected during the entire calendar year immediately preceding from each separate levy imposed for such entity.

Source: L. 64: R&RE, p. 718, § 1. C.R.S. 1963: § 137-10-7. L. 79: (1) amended, p. 1421, § 4, effective January 1, 1980. L. 84: (1) amended, p. 1002, § 3, effective March 16. L. 90: (3) amended, p. 1718, § 5, effective June 7; (1) amended, p. 1704, § 40, effective June 9; (3) amended, p. 1087, § 53, effective July 1. L. 91: (1) amended, p. 1954, § 4, effective January 1, 1992. L. 91, 2nd Ex. Sess.: (3) amended, p. 57, § 2, effective October 11. L. 92: (1) amended, p. 2227, § 11, effective April 9. L. 2008: (1) amended, p. 26, § 1, effective August 5; (1) amended, p. 1248, § 7, effective August 5. L. 2015: IP(1)(a) amended and (2) repealed, (SB 15-264), ch. 259, p. 967, § 88, effective August 5.

Editor's note: Amendments to subsection (1) by House Bill 08-1059 and House Bill 08-1349 were harmonized.

ANNOTATION

Retroactive assessments of additional property taxes on oil and gas leaseholds can occur where value is omitted from an annual statement due to the underreporting of the selling price or quantity of oil and gas sold therefrom, even without evidence of omitted property or willfully false and misleading annual statements. Kinder Morgan v. Montezuma County Bd., 2015 COA 72, 399 P.3d 735, aff'd, 2017 CO 72, 396 P.3d 657.

By providing special procedures for handling oil and gas taxes that had been retroactively assessed based on underreported selling price or volume, the general assembly demonstrated its intent for such taxes to be retroactively assessed. Kinder Morgan v. Montezuma County Bd. of Comm'rs, 2017 CO 72, 396 P.3d 657.