Colorado § 39-1-105 - Assessment date.

§ 39-1-105. Assessment date.

All taxable property, real and personal, within the state at twelve noon on the first day of January of each year, designated as the official assessment date, shall be listed, appraised, and valued for assessment in the county wherein it is located on the assessment date. Personal property shall be listed and valued separately from real property. Whenever construction of any new taxable building within the boundaries of a county occurs subsequent to the assessment date but before July 1 and such county has resolved to implement the procedures set out in section 39-5-132, such building shall be listed, appraised, and valued pursuant to section 39-5-132.

Source: L. 64: R&RE, p. 677, § 1. C.R.S. 1963: § 137-1-5. L. 85: Entire section amended, p. 1226, § 2, effective January 1, 1986. L. 86: Entire section amended, p. 1222, § 35, effective May 30.

Cross references: For property brought into the state after assessment date, see § 39-5-110; for property destroyed after the assessment date, see § 39-5-117; for the procedure for exclusion of property within a municipality from a special district and for the effect of such an exclusion order, see §§ 32-1-502 and 32-1-503.

ANNOTATION

This section does not mandate that January 1 is the date for determining tax exempt status for property owned by a charitable organization and does not address when the tax exempt status is to be determined. Family Tree Found. v. Prop. Tax Adm'r, 119 P.3d 581 (Colo. App. 2005).

Section applies to entire property tax system. If general assembly intended to make an exception to January 1 assessment date, it would have done so explicitly. Larimer County BOE v. 1303 Frontage, 2023 CO 28, 531 P.3d 1012.

City acquired an interest in the personal property prior to the date of the chapter 11 bankruptcy since the statute provides that a lien for ad valorem personal property taxes arises at 12 noon on the assessment date for the current year and such lien is a perpetual lien. Although the interest was an inchoate lien, the city was allowed to perfect it after the assessment date and thus have the lien relate back to the assessment date. Therefore the personal property taxes were a prepetition secured claim. In re W. States Distribs., Inc., 179 B.R. 666 (Bankr. D. Colo. 1995).

Applied in City & County of Denver v. Bd. of Dirs., 37 Colo. App. 496, 549 P.2d 1090 (1976); Martin v. Bd. of Assess. Appeals, 707 P.2d 348 (Colo. 1985); Padgett v. Routt County Bd. of Equal., 857 P.2d 565 (Colo. App. 1993); Mission Viejo Co. v. Bd. of Equaliz., 942 P.2d 1251 (Colo. App. 1996).