C.R.S. § 39-3-110 — Property - integral part of child care center - charitable purposes - exemption - limitations

(1) Property, real and personal, that is used solely and exclusively for strictly charitable purposes is exempt from the levy and collection of property tax if such property is used as an integral part of a child care center: (a) Which is licensed pursuant to part 3 of article 5 of title 26.5; (b) Which is maintained for the whole or part of a day for the care of five or more children who are not sixteen years of age or older; (c) Which is not owned or operated for private gain or corporate profit; (d) The costs of operation of which, including salaries, are reasonable based upon the services and facilities provided and as compared with the costs of operation of any comparable public institution; (e) Which provides its services to an indefinite number of persons free of charge or at reduced rates equal to five percent of the gross revenues of such child care center or equal to ten percent of the amount of tuition charged by such child care center to the financially needy or charges on the basis of ability to pay; (f) The operation of which does not materially enhance, directly or indirectly, the private gain of any individual except as reasonable compensation for services rendered or goods furnished; and (g) The property of which is claimed for exemption does not exceed the amount of property reasonably necessary for the accomplishment of the exempt purpose. (h) Repealed. (1.5) (a) No requirement shall be imposed that use of property, which is otherwise exempt pursuant to the provisions of this section, shall benefit the people of Colorado in order to qualify for said exemption. (b) If a child care center is operated by a person other than the owner of the property, then the other person's use of the property is the sole basis for determining whether the property meets the requirements for the exemption set forth in subsection (1) of this section. (c) To the extent that real property taxes are shared and payable by one or more tenants under the lease of property that are not the child care center, real property taxes otherwise due but for the application of this section are deemed taxes paid by the property owner or the landlord of a property leased in part to the child care center. (2) Any exemption claimed pursuant to the provisions of subsection (1) of this section shall comply with the provisions of section 39-2-117. (3) The provisions of subsection (1) of this section shall not apply to any child care center which is operated for religious purposes and which is exempt from the levy and collection of property tax pursuant to the provisions of section 39-3-106 or 39-3-106.5. Source: L. 89: Entire article R&RE, p. 1473, § 1, effective April 23; (1)(e) amended and (3) added, p. 1492, § 6, effective June 7. L. 90: (1.5) added, p. 1712, § 4, effective June 9. L. 2022: IP(1) and (1)(a) amended, (HB 22-1295), ch. 123, p. 866, § 125, effective July 1; IP(1), (1)(f), (1)(g), and (1.5) amended and (1)(h) repealed, (HB 22-1006), ch. 289, p. 2066, § 2, effective August 10. Editor's note: (1) This section is similar to former § 39-3-101 (1)(g) as it existed prior to 1989. (2) Amendments to subsection IP(1) by HB 22-1066 and HB 22-1295 were harmonized. Cross references: For the legislative declaration in HB 22-1006, see section 1 of chapter 289, Session Laws of Colorado 2022.