The abatement process is used to correct taxes that have been levied erroneously or illegally due to erroneous valuation for assessment, irregularity in levying, clerical error, or overvaluation, § 39-10-114(1)(a)(I)(A), C.R.S.
The law states that if the property value was protested for the year(s) in question, no abatement or refund of taxes shall be made on grounds of overvaluation, § 39-10-114(1)(a)(I)(D), C.R.S.
Abatements and refunds are limited by law to two years, § 39-10-114(1)(a)(I)(A), C.R.S.
Submit the signed petition to the county assessor’s office.
ABATEMENT PROCESS
The assessor’s office will review the submitted abatement petition and will recommend approval or denial to the commissioners. The commissioners may authorize the assessor to approve petitions for abatement or refund under $10,000 in taxes, per schedule, per year, provided the petitioner and the assessor mutually agree to an adjustment.
If the petition requires a hearing before the commissioners, the petitioner will be notified of the date and time of the hearing where the petitioner will have the opportunity to present information to support the request for abatement or refund. A representative from the assessor’s office may attend the hearing.
After the hearing, the commissioners will notify the petitioner of their decision to approve or deny the petition in whole or in part.
If the abatement is approved and the tax amount to be abated is under $10,000, the commissioners submit the petition to the county treasurer for processing.
If the abatement is approved and the tax amount to be abated is $10,000 or more, the abatement must be approved by the property tax administrator at the Colorado State Division of Property Taxation.
If the petitioner is not satisfied with the commissioners’ decision or with the decision of the property tax administrator, the decision may be appealed to the State Board of Assessment Appeals.
