(1) Household furnishings, including free-standing household appliances, wall-to-wall carpeting, an independently owned residential solar electric generation facility, and security devices and systems that are not used for the production of income at any time shall be exempt from the levy and collection of property tax. If any household furnishings are used for the production of income for any period of time during the taxable year, such household furnishings shall be taxable for the entire taxable year. An independently owned residential solar electric generation facility shall not be considered to be used for the production of income unless the facility produces income for the owner of the residential real property on which the facility is located. For property tax purposes only, rebates, offsets, credits, and reimbursements specified in section 40-2-124, C.R.S., shall not constitute the production of income. For purposes of this subsection (1), for property tax purposes only, security devices and systems shall include, but shall not be limited to, security doors, security bars, and alarm systems.
(2) For property tax years commencing on and after January 1, 1990, no work of art, as defined in section 39-1-102 (18), which is not subject to annual depreciation and which would otherwise be exempt under this section shall cease to be exempt because it is stored or displayed on premises other than a residence.
Source: L. 89: Entire article R&RE, p. 1470, § 1, effective April 23; entire section amended, p. 1494, § 1, effective June 8. L. 92: (1) amended, p. 2216, § 4, effective June 2. L. 2010: (1) amended, (HB 10-1267), ch. 425, p. 2199, § 2, effective August 11.
Editor's note: This section is similar to former § 39-3-101 (1)(a) as it existed prior to 1989.
Notes of Decisions
Texas Monthly, Inc. v. Bullock, 489 U.S. 1 (1989).
· cites it 2× “5 (West 1987) (exempting from sales tax meals and food products furnished by or served by any religious institution); Colo. Rev. Stat. § 39-3-102 (1982) (establishing special property tax exemption for first $16,000 in valuation of each parsonage); Conn.”
In Re Brent Explorations, Inc., 91 B.R. 104 (Bankr.D. Colo. 1988).
· cites it 4× “The County did not file a notice of its lien in the public real property records and did not distrain the personal property or attempt to sell either, which it could have done under §§ 39-3-102 and 103. And, once the petition was filed on November 5, 1982, it could not take such…”
Vail Assocs., Inc. v. Eagle Cnty. Bd. of Cnty. Commissioners, 983 P.2d 49 (Colo. Ct. App. 1999).
· cites it 2× “That being the case, § 39-3-136(2), like the repealed possessory interest statute, creates an exemption from taxation not authorized by the constitution and is, therefore, in my view, unconstitutional.”
Bd. of Cnty. Commissioners v. IBM Credit Corp., 888 P.2d 250 (Colo. 1995).
“Section 39 — 1—103(8)(a)(I) provides "[sjales of personal property exempt pursuant to the provisions of sections 39-3-102, 39-3-103, and 39-3-119 to 39-3-122 shall not be included in any such sample.”
— Colo. Rev. Stat. § 39-3-102(14) — 1 case
Vail Assocs., Inc. v. Eagle Cnty. Bd. of Cnty. Commissioners, 983 P.2d 49 (Colo. Ct. App. 1999).
“That being the case, § 39-3-136(2), like the repealed possessory interest statute, creates an exemption from taxation not authorized by the constitution and is, therefore, in my view, unconstitutional.”
— Colo. Rev. Stat. § 39-3-102(a) — 1 case
In Re Brent Explorations, Inc., 91 B.R. 104 (Bankr.D. Colo. 1988).
“The County did not file a notice of its lien in the public real property records and did not distrain the personal property or attempt to sell either, which it could have done under §§ 39-3-102 and 103. And, once the petition was filed on November 5, 1982, it could not take such…”
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