Colorado § 39-3-111 - Property - used by fraternal or veterans' organization - charitable purposes - exemption - limitations.

§ 39-3-111. Property - used by fraternal or veterans' organization - charitable purposes - exemption - limitations.

Property, real and personal, which is owned and used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit, shall be exempt from the levy and collection of property tax if such property is used by any fraternal organization, as defined in section 24-21-602 (18), notwithstanding the requirement that such organization be in existence for a period of five years, or by any veterans' organization, as defined in section 24-21-602 (43), notwithstanding the requirement that such organization be in existence for a period of five years, and the net income derived from the use of such property is irrevocably dedicated to any of the purposes specified in sections 39-3-106 to 39-3-110, 39-3-112, or 39-3-113 and to the purpose of maintaining and operating such organization. As used in this section, the term "net income" means all items of revenue and gain minus all items of loss and expense, including amounts reasonably anticipated for future needs, as determined according to the usual method of accounting for such organization. No requirement shall be imposed that use of property which is otherwise exempt pursuant to this section shall benefit the people of Colorado in order to qualify for said exemption. Any exemption claimed pursuant to the provisions of this section shall comply with the provisions of section 39-2-117.

Source: L. 89: Entire article R&RE, p. 1473, § 1, effective April 23. L. 90: Entire section amended, p. 1712, § 5, effective June 9. L. 2018: Entire section amended, (HB 18-1375), ch. 274, p. 1725, § 93, effective May 29.

Editor's note: This section is similar to former § 39-3-101 (1)(g) as it existed prior to 1989.

ANNOTATION

Statutory presumption of use for charitable purpose relieves fraternal organization only of its burden to establish such use; however, once the finding of charitable purpose is made, such organization has the burden of showing the irrevocable dedication of the net income of such property to the enumerated statutory uses and purpose set out in this section. Western Slavonic Ass'n v. Prop. Tax Adm'r, 835 P.2d 621 (Colo. App. 1992).