Colorado § 39-10-104.5 - Payment dates - optional payment dates - failure to pay - delinquency.

§ 39-10-104.5. Payment dates - optional payment dates - failure to pay - delinquency.

(1) The provisions of this section, as amended, are effective January 1, 1994.

(2) Except as provided in subsections (6) and (7) of this section, at the option of the taxpayer, property taxes may be paid in full or in two equal installments, the first such installment to be paid on or before the last day of February and the second installment to be paid no later than the fifteenth day of June.

(3) (a) (I) If the first installment is not paid on or before the last day of February, then delinquent interest on the first installment shall accrue at the rate of one percent per month from the first day of March until the date of payment; except that, if payment of the first installment is made after the last day of February but not later than thirty days after the mailing by the treasurer of the tax statement, or true and actual notification of an electronic statement, pursuant to section 39-10-103 (1)(a), no such delinquent interest shall accrue. If the second installment is not paid by the fifteenth day of June, delinquent interest on the second installment shall accrue at the rate of one percent per month from the sixteenth day of June until the date of payment. Interest on the first installment shall continue to accrue at the same time that interest is accruing on the unpaid portion of the second installment. The taxpayer shall continue to have the option of paying delinquent property taxes in two equal installments until one day prior to the sale of the tax lien on such property pursuant to article 11 of this title 39.

(II) Repealed.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (3), if the full amount of taxes is paid in a single payment on or before the last day of April, then no delinquent interest shall accrue on any portion of the taxes. If the full amount of taxes is paid in a single payment after the last day of April, interest shall be added to the full amount of taxes due in the amount of one percent per month which shall accrue from the first day of May until the date of payment.

(c) Interest shall be calculated on delinquent taxes as provided in paragraphs (a) and (b) of this subsection (3) as specified in the following table:

Required Date

of Payment

Last Day of

February

June 15

April 30

Month Paid

Half Tax Option

Full Tax Option*

1st Installment

2nd Installment

March

________

________

April

________

________

May

________

June 1 - 15

________

June 16 - 30

July

August

September

October

November

December

10%

*Total taxes less than $25.00 must be paid using the Full Tax Option.

(d) (I) If a court of competent jurisdiction finds that the taxpayer has committed a petty offense under section 39-5-115 (3), the taxpayer is not entitled to penalty interest pursuant to this subsection (3).

(II) The board of assessment appeals does not have authority to determine whether a taxpayer has forfeited the right to penalty interest. A determination of whether a taxpayer has forfeited the right to penalty interest is made solely by the court in connection with a prosecution for willful misinformation.

(4) (Deleted by amendment, L. 93, p. 303, § 1, effective April 7, 1993.)

(5) In computing the amount of delinquent interest due under this section, portions of months shall be counted as whole months.

(6) There shall be no installment payment of property taxes totaling less than twenty-five dollars, and such taxes shall be paid in full no later than the last day of April. If such taxes are not paid prior to the last day of April, delinquent interest on the amount thereof shall accrue at the rate of one percent per month from the first day of May until the date of payment.

(7) The treasurer shall be authorized to accept funds paid by the seller and accepted by the dealer as a partial payment of taxes which have not yet been levied and which are not yet due but which have been prorated between the buyer and the seller at the time of the sale of a mobile home. A dealer shall remit taxes collected under this subsection (7) to the treasurer within ten days.

(8) Any payment under this section shall be deemed received by the treasurer on the date that the installment or full payment, including any penalties or fees due, is actually received in the treasurer's office, and actual receipt will be presumed as of the date of the United States postal service postmark. Where a payment is received through the mail or a common carrier but has no United States postal service postmark and the payment is actually received in the treasurer's office no later than five days after the due date, the treasurer shall record the date of payment as the due date of the payment. Where the payment is received through the mail or a common carrier but has no United States postal service postmark and the payment is actually received in the treasurer's office six or more days after the due date, the treasurer shall record the date of payment as the date the payment was received. If the date for filing any tax return or remittance falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day.

(9) An additional charge may be added to any delinquent taxes totaling less than fifty dollars including all delinquent interest and other charges. Such charge shall be for the purpose of covering the administrative costs and fees incurred by the county in collecting such delinquencies and shall be determined by the board of county commissioners or such other body as authorized by the city and county of Denver or as authorized by the city council of the city and county of Broomfield. Such charge shall not exceed twenty-five dollars in any case and shall be limited to such amount less than twenty-five dollars as may be necessary to limit the total charges against such property, including taxes, delinquent interest, and the charge authorized by this subsection (9), to no more than fifty dollars. Charges imposed under the authorization of this subsection (9) shall be a lien under section 39-1-107.

(10) The treasurer may refrain from collecting any penalty, delinquent interest, or costs where the amount to be collected is fifty dollars or less. Nothing in this subsection (10) shall be construed as releasing any person from the payment of any tax, assessment, penalty, delinquent interest, or costs or any other moneys which are due and owing and which the treasurer is authorized by law to collect.

(11) Repealed.

(12) Notwithstanding any other provision of law, a county treasurer may accept an estimated prepayment of property taxes due for the current tax year prior to the treasurer's receipt of the tax warrant pursuant to section 39-5-129. The treasurer has broad authority to establish the conditions and terms under which estimated prepayments will be accepted.

(13) to (15) Repealed.

Source: L. 90: Entire section added, pp. 1085, 1717, §§ 52, 4, effective January 1, 1992. L. 92: (3) to (6), (9), and (10) amended, p. 2226, § 9, effective April 9. L. 93: (1) to (4) amended, p. 303, § 1, effective April 7; (2) amended and (11) added, p. 346, § 3, effective April 12. L. 94: (8) amended, p. 753, § 2, effective April 20. L. 98: (11) repealed, p. 829, § 52, effective August 5. L. 2000: (3)(a) amended, p.81, § 1, effective March 10. L. 2001: (9) amended, p. 269, § 17, effective November 15. L. 2005: (8) amended, p. 254, § 1, effective April 14. L. 2006: (10) amended, p. 26, § 1, effective March 13. L. 2010: (8) amended, (HB 10-1046), ch. 16, p. 77, § 1, effective March 5; (3)(a) amended, (HB 10-1117), ch. 195, p. 843, § 4, effective August 11. L. 2016: (2) amended, (SB 16-189), ch. 210, p. 793, § 107, effective June 6. L. 2020: (13) added, (HB 20-1421), ch. 108, p. 423, § 1, effective June 14; (12) added, (HB 20-1077), ch. 80, p. 326, § 13, effective September 14. L. 2021: (14) added, (SB 21-279), ch. 365, p. 2406, § 1, effective June 28. L. 2023, 1st Ex. Sess.: (3)(a) amended, (SB 23B-001), ch. 1, p. 12, § 14, effective November 20. L. 2024: (15) added, (SB 24-183), ch. 303, p. 2060, § 2, effective May 31. L. 2026: (3)(d) added, (HB 26-1233), ch. 360, p. 2167, § 4, effective August 12.

Editor's note: (1) Amendments to subsection (2) by Senate Bill 93-90 and House Bill 93-1040 were harmonized.

(2) Subsection (13)(b) provided for the repeal of subsection (13), effective December 31, 2020. (See L. 2020, p. 423.)

(3) Subsection (14)(d) provided for the repeal of subsection (14), effective December 31, 2021. (See L. 2021, p. 2406.)

(4) Subsection (3)(a)(II)(B) provided for the repeal of subsection (3)(a)(II), effective July 1, 2025. (See L. 2023, 1st Ex. Sess., p. 12.)

(5) Subsection (15)(b) provided for the repeal of subsection (15), effective September 1, 2025. (See L. 2024, p. 2060.)

ANNOTATION

Law reviews. For article, "Collecting Pre- and Post-Judgment Interest in Colorado: A Primer", see 15 Colo. Law. 753 (1986). For article, "An Update of Appendices from Collecting Pre- and Post-Judgment Interest in Colorado", see 15 Colo. Law. 990 (1986).