Church property tax exemption in Colorado is granted by the state Property Tax Administrator, not by a handshake at the county assessor’s counter. The Colorado Constitution and C.R.S. § 39-3-106 require property used solely and exclusively for religious purposes, not for private gain or corporate profit. Treasurers, pastors, and trustees who skip Form B, miss the April 15 annual report, sell a campus without telling the buyer to reapply, or treat a county assessor as the decision-maker will forfeit what the statute otherwise allows. This guide stays inside government sources: Article X, § 5, Title 39, Assessors’ Reference Library Chapter 10, and Division of Property Taxation (DPT) procedures. It is not legal advice.
1. Why Colorado Churches File With the State, Not Only the County
Ad valorem property tax in Colorado is administered locally on the roll, but religious, private school, and charitable exemptions are decided centrally. C.R.S. § 39-2-117 gives the Property Tax Administrator in the Division of Property Taxation, Department of Local Affairs (DOLA), the application, review, annual-report, fee, and forfeiture framework. Section 39-2-117(2) says a county assessor may not classify property as exempt under the religious and related sections unless the Administrator has granted the exemption. Federal income-tax exemption does not replace that grant. A 501(c)(3) letter is not a Colorado religious property determination.
Treasurers own two calendars: the initial application (sent via the county assessor for date-stamp and forward, per ARL Chapter 10) and the annual exempt property report due on or before April 15. Pastors own the exclusive-use facts, including whether a rental stays inside C.R.S. § 39-3-106.5’s incidental nonexempt-use tolerances. Trustees own title: the exemption does not run with the land. A new owner must apply. False or misleading application or annual-report information is revocation ground.
This article explains church property tax exemption in Colorado for boards that buy, lease, or sell campuses. Religious exemption is a separate statutory track from charitable exemption (C.R.S. §§ 39-3-108 et seq.) and private school exemption (C.R.S. § 39-3-107). Child care has its own charitable statute (C.R.S. § 39-3-110) unless operated for religious purposes exempt under §§ 39-3-106 and 39-3-106.5. Senate Bill 18-070, the Church Property Tax Fairness Act, eliminated ownership as a statutory barrier so leased property used solely and exclusively for religious purposes can qualify. Confirm current § 39-3-106 wording on leg.colorado.gov when you cite ownership language.
Appeals from Administrator decisions run to the Board of Assessment Appeals (BAA) as the statutory and ARL framework provides. This guide does not invent acreage caps or dollar value caps. It cites ARL-quoted application and annual-report fees as figures that the statute allows to be adjusted for inflation, and it tells you to confirm the current dollar amounts with DPT before you write a check.
2. Legal Foundation: Article X, § 5 and Title 39
Colorado’s religious exemption is constitutional exclusive worship, implemented by a statute that defines religious purposes broadly and by a procedural statute that puts the Administrator in charge.
Colorado Constitution, Article X, § 5
Article X, § 5 states that property used solely and exclusively for religious worship, among other categories, shall be exempt from taxation unless otherwise provided by general law. Plain English: exclusive religious worship is the constitutional standard, and the General Assembly may shape it by statute. Nonprofit cemeteries have separate constitutional and statutory treatment (C.R.S. § 39-3-117 / Article X, § 5).
C.R.S. § 39-3-106 — Religious Purposes
Section 39-3-106 exempts property owned and used solely and exclusively for religious purposes and not for private gain or corporate profit. The General Assembly declares that activities in furtherance of religious purposes constitute religious worship for Article X, § 5 purposes, and it limits public inquiry into sincerity except as the statute allows. Plain English: the statute reads “religious purposes” and then ties that phrase back to constitutional “religious worship.” It is an expansive legislative reading, not a narrow “Sunday sanctuary only” sentence. It still forbids private gain and corporate profit as the disqualifying use.
SB18-070’s policy intent allows exemption based on exclusive religious use without an ownership barrier, so leased sanctuaries can qualify. Confirm the current wording of § 39-3-106 on the legislature’s site before you treat a lease as automatically granted. DPT instructions still have to be followed. Exclusive use remains the test.
C.R.S. § 39-3-106.5 — Incidental Nonexempt Uses
Section 39-3-106.5 allows limited nonexempt uses to be tolerated without losing full exemption. The statute sets hour and income thresholds. This article does not invent those figures. Read the current official text of § 39-3-106.5 on leg.colorado.gov and confirm application to your facts with DPT. Exceeding incidental-use tolerances with rentals is a named pitfall.
C.R.S. § 39-2-117 — Applications, Annual Reports, Fees, Forfeiture
Section 39-2-117 covers applications for exemption, review, annual reports, procedures, fees, and the forfeiture and revocation framework, including religious declaration presumption rules. Exemption generally cannot reach years earlier than the year preceding the application year (§ 39-2-117(1)(a)). Annual reports are due on or before April 15, with late rules that run toward July 1 and, for religious property, can differ into the following year as § 39-2-117(3) provides. Read that subsection before you assume a late report is harmless.
The statute sets an application fee. ARL Chapter 10 quotes $200, adjustable for inflation. ARL quotes $110 for the annual report fee. Confirm current fees with DPT before publishing or paying a number as fixed. Those ARL quotes are not invented here; they are also not a promise that the dollar figure never changes.
| Source | Function |
|---|---|
| Colo. Const. Art. X, § 5 | Solely and exclusively for religious worship, unless general law provides otherwise |
| C.R.S. § 39-3-106 | Religious-purpose exemption; legislative link to constitutional worship; no private gain/corporate profit |
| C.R.S. § 39-3-106.5 | Limited incidental nonexempt uses (hour/income thresholds in current statute text) |
| C.R.S. § 39-2-117 | Administrator applications, annual reports, fees, forfeiture/revocation; assessor cannot self-grant |
| C.R.S. § 39-3-107 / §§ 39-3-108 et seq. / § 39-3-110 / § 39-3-109 / § 39-3-117 | Separate school, charitable, child care, residential, and cemetery tracks |
| SB18-070 | Church Property Tax Fairness Act — leased exclusive religious use policy intent |
Key Terms in Plain English
Property Tax Administrator is the state official who grants religious exemption. DPT is the division. DOLA is the department.
Form B – Religious Purposes is the DPT religious track. Form C is the school track in DPT instructions. Using the charitable form when the religious track is intended (or the reverse) is a named pitfall.
Annual exempt property report is the yearly filing due on or before April 15. Failure risks forfeiture under § 39-2-117. DOLA hosts an online Exempt Property Report Filing System.
Does not run with the land means a buyer of an exempt church campus starts over. Tell the title company. Tell the buyer. File a new application.
- Assessors’ Reference Library Chapter 10 — Exemptions — arl.colorado.gov/chapter-10-exemptions
- C.R.S. Title 39, articles 2–3 — leg.colorado.gov
- SB18-070 — leg.colorado.gov/bills/SB18-070
- DOLA Exempt Property Report portal — dola.colorado.gov/dpt_exemptions/arLogin.jsf
3. What Property Qualifies
Real and personal property owned or used solely and exclusively for religious purposes, not for private gain or corporate profit, is the § 39-3-106 core, with the legislature’s expansive reading of religious worship. Vacant speculative land is a risk. Verify exclusive religious-purpose use with DPT. County assessors still list and value; they do not grant.
Religious Use, Schools, Child Care, Residences, Leases, Cemeteries
Religious purposes under § 39-3-106 are the primary track for a sanctuary and related religious-purpose property. Schools use the separate private-school exemption (§ 39-3-107) if criteria are met; religious schools may also interact with the religious track. Follow DPT forms: Form B religious versus Form C school. Child care uses a separate charitable statute (§ 39-3-110) unless operated for religious purposes exempt under §§ 39-3-106 and 39-3-106.5 (the statute notes that carve-out). Residential property connected to a church can fall under charitable residential rules in § 39-3-109 when residences are integral to a church under that section’s limits. Parsonage questions are fact-specific. Verify with DPT which form and track apply.
Leased property: post–SB18-070 policy intent allows exemption based on exclusive religious use without an ownership requirement. Verify current statute text and DPT instructions. Cemeteries: nonprofit cemeteries have separate treatment under § 39-3-117 and Article X, § 5.
Example 1: Owned sanctuary used solely for religious purposes
Scenario: A Colorado congregation owns its worship building and furnishings. Use is solely and exclusively for religious purposes. No private gain. No corporate profit. No tenant.
Article X, § 5 and § 39-3-106 fit. The treasurer completes the general application plus Form B – Religious Purposes, delivers it through the county assessor for date-stamp and forward to the Administrator (ARL Chapter 10), and pays the current application fee DPT quotes (ARL cites $200, inflation-adjustable). After a grant, file the annual report by April 15 through the DOLA portal. The assessor cannot skip the Administrator and mark the parcel exempt on a local courtesy.
Example 2: Leased sanctuary after SB18-070
Scenario: A church plant leases a warehouse on Sundays for exclusive religious use. The landlord is a for-profit owner. The congregation does not hold title.
SB18-070 eliminated ownership as a statutory barrier so leased property used solely and exclusively for religious purposes can qualify. Confirm current § 39-3-106 wording and DPT instructions. File Form B on the religious-use facts, not on a theory that the landlord’s commercial remaining week is automatically exempt. Exclusive religious use of the church’s interest and times must still be real. Ask DPT how to describe a shared building. Do not invent a percentage test this research file does not publish.
- C.R.S. § 39-3-106 and SB18-070 — exclusive religious use; leased-property policy intent
- DPT Form B – Religious Purposes; Form C – school track
- C.R.S. §§ 39-3-107, 39-3-108 et seq., 39-3-109, 39-3-110, 39-3-117 — other tracks
4. What Does Not Qualify and Common Traps
Private gain or corporate profit beyond § 39-3-106.5 tolerances fails the religious statute. Missing the annual report risks forfeiture. Assuming the county assessor can grant the exemption fails § 39-2-117(2). False filings risk revocation. Title transfer without a new application leaves the buyer exposed because exemption does not run with the land.
Example 3: Skipping the April 15 annual report
Scenario: A church received Administrator approval three years ago. The treasurer files nothing in April because “we already have exemption.”
Annual reports are due on or before April 15 under § 39-2-117(3) and ARL. Failure to file is a forfeiture risk. Religious late rules can differ (see § 39-2-117(3) for July 1 and following-year treatment). Use the DOLA Exempt Property Report Filing System. Pay the current annual-report fee DPT requires (ARL quotes $110). Missing the report is one of the most expensive calendar errors a Colorado board can make after it has already won the exemption.
Example 4: Selling the campus without a new application
Scenario: Church A sells its exempt sanctuary to Church B, another 501(c)(3). Church B holds its first service the next Sunday and assumes the exemption transferred with the deed.
Exemption does not run with the land. The new owner must apply (§ 39-2-117 practice; ARL Chapter 10). Church B should file Form B immediately through the county assessor. Exemption generally cannot reach years earlier than the year preceding the application year (§ 39-2-117(1)(a)). Delay costs taxable years the statute will not restore beyond that lookback.
5. How to Apply: Form B, Fees, and the April 15 Report
- Download DPT instructions. Use the general application plus Form B – Religious Purposes for the religious track. Use Form C if the school track is the correct statute. Do not guess charitable versus religious.
- Submit the application via the county assessor so it can be date-stamped and forwarded (ARL Chapter 10).
- Pay the application fee under § 39-2-117. ARL quotes $200, adjustable for inflation. Confirm the current amount with DPT. Do not treat the quote as frozen.
- Wait for the Property Tax Administrator’s determination. The assessor cannot grant the classification without it (§ 39-2-117(2)).
- If denied, use the BAA appeal path as statute and ARL describe.
- After a grant, file the annual exempt property report on or before April 15, with fee (ARL quotes $110). Use the DOLA portal. Read § 39-2-117(3) for late religious rules.
- On a sale or other title change, the new owner applies. The old grant does not travel.
DPT contact information is on dola.colorado.gov (Division of Property Taxation). This article does not invent a phone number or a different fee.
Religious, school, and charitable exemptions are determined by the Property Tax Administrator (ARL Chapter 10; § 39-2-117). That sentence is the whole architecture. The assessor’s office is a mailbox and a roll-keeper, not the granting authority for § 39-3-106. When a church also operates a private school, DPT instructions split Form B (religious purposes) from Form C (school). When child care is the facts, read § 39-3-110 and the religious-purpose carve-out that points back to §§ 39-3-106 and 39-3-106.5. When a residence is integral to a church, § 39-3-109’s charitable residential rules may apply under that section’s limits. Using the charitable form when the religious track is intended, or the reverse, is a named pitfall. Ask DPT which form matches the statute you are actually claiming.
Sincerity inquiries are limited except as § 39-3-106 allows. The General Assembly declared that activities in furtherance of religious purposes constitute religious worship for Article X, § 5. That declaration is why Colorado’s religious statute is not a “nave only” test. It is still an exclusive-use and no-private-gain test. § 39-3-106.5 then tolerates limited nonexempt uses without destroying full exemption, but only inside hour and income thresholds that you must read in the current official text. This article will not invent those numbers. If a rental program grows, read the statute again before the annual report. False or misleading information on the application or the annual report is revocation ground. Appeals go to the Board of Assessment Appeals.
Late annual reports are not a single statewide story. Section 39-2-117(3) sets April 15, then describes late rules toward July 1, and treats religious property differently into the following year. Read the subsection. Use the DOLA Exempt Property Report Filing System rather than a paper habit that misses the portal. Confirm the current annual-report fee with DPT; ARL quotes $110.
- C.R.S. § 39-2-117 — applications, fees, annual reports, lookback, assessor limitation
- ARL Chapter 10 — transmittal through the assessor; quoted fees
- DOLA Exempt Property Report Filing System
6. Key Limits: Exclusive Use, Incidental Tolerances, No Acreage Cap
| Limit | What sources say |
|---|---|
| Acreage / value cap | None published in § 39-3-106. Verify with DPT/assessor. |
| Use | Solely and exclusively for religious purposes; not private gain/corporate profit |
| Incidental nonexempt use | Hour/income thresholds in current § 39-3-106.5 — read official text; do not invent figures |
| Lookback | Generally not earlier than the year preceding the application year (§ 39-2-117(1)(a)) |
| Annual report | On or before April 15 (§ 39-2-117(3)) |
| Application fee (ARL quote) | $200, inflation-adjustable — confirm with DPT |
| Annual report fee (ARL quote) | $110 — confirm with DPT |
7. Two Complete Scenarios
Scenario A: Sanctuary-only church, first application
Facts: A Denver-metro congregation owns a sanctuary used solely and exclusively for religious purposes. No school, no daycare, no lease, no parsonage on site. The board has never filed with DPT. The assessor’s office said “churches are exempt” at the closing.
Path: Ignore the informal comment as a grant. File Form B through the county assessor to the Property Tax Administrator. Pay the current application fee. After approval, calendar April 15 forever. If the assessor listed the property as taxable while the application is pending, ask DPT and the assessor how the roll will be corrected after a grant. Do not assume years before the statutory lookback can be refunded.
Scenario B: Church with school, parsonage, child care, and a rental
Facts: A congregation owns a sanctuary, operates a private school, runs child care, houses a pastor in a church residence, leases extra land for exclusive religious use on weekends, and rents the fellowship hall to a for-profit caterer most Saturdays. It bought the campus from another church last year and never reapplied. The annual report is also late.
Path:
- Sanctuary — Form B / § 39-3-106 if exclusive religious purposes and no private gain/corporate profit.
- School — Form C / § 39-3-107 if that track fits; do not hide the school on the wrong form.
- Child care — § 39-3-110 unless operated for religious purposes under §§ 39-3-106/106.5.
- Residence — § 39-3-109 charitable residential rules if integral to a church under that section; verify with DPT. Parsonage questions are fact-specific.
- Leased extra land — SB18-070 / current § 39-3-106 exclusive-use theory; confirm DPT instructions.
- Caterer rental — test against § 39-3-106.5 incidental hour/income tolerances in the current statute. If it exceeds them, full exemption is at risk. Read the official numbers. Do not invent them.
- Prior owner’s grant — does not run with the land. New application required.
- Late annual report — § 39-2-117(3) late rules; forfeiture risk. File through the portal and ask DPT about religious late treatment.
Hypothetical millage math if a rental portion is fully taxable (illustration only):
8. Common Questions
Can the county just mark us exempt?
No. C.R.S. § 39-2-117(2) bars the assessor from classifying the property exempt under the listed sections unless the Administrator granted it.
We lease our church. Did SB18-070 fix that?
The bill’s policy intent allows exclusive religious use without an ownership barrier. Confirm current § 39-3-106 text and file Form B as DPT instructs. A lease is not a grant by itself.
What are the hour and income limits for extra uses?
They appear in C.R.S. § 39-3-106.5. This article does not invent them. Read the current statute.
How far back can exemption go?
Generally not earlier than the year preceding the application year (§ 39-2-117(1)(a)).
Is there an acreage cap?
None published in § 39-3-106. Verify with DPT.
Where do we appeal?
Board of Assessment Appeals, as the statutory and ARL framework provides.
Which form if we have both a sanctuary and a school?
DPT instructions split Form B (religious purposes) from Form C (school). Religious schools may interact with both tracks. Ask DPT which form matches the statute you are claiming. Using the charitable form when the religious track is intended, or the reverse, is a named pitfall. Child care has § 39-3-110 unless operated for religious purposes under §§ 39-3-106 and 39-3-106.5.
9. Data Sources and How to Verify Current Law
Research is as of 2 September 2026. Before you file:
- Read ARL Chapter 10 at arl.colorado.gov.
- Read C.R.S. Title 39, articles 2 and 3, including §§ 39-2-117, 39-3-106, and 39-3-106.5, at leg.colorado.gov.
- Read the SB18-070 bill page for legislative history, then confirm current codified wording.
- Log into or review the DOLA Exempt Property Report portal and current DPT Form B instructions.
- Confirm current fees with DPT. Treat ARL’s $200 / $110 quotes as starting points, not frozen law.
10. Conclusion
Church property tax exemption in Colorado is exclusive religious use under Article X, § 5 and C.R.S. § 39-3-106, granted by the Property Tax Administrator under § 39-2-117. File Form B through the county assessor. Pay the current fees. Report every year by April 15. Stay inside § 39-3-106.5 if you have incidental nonexempt uses. Reapply when title changes. Use school, charitable, child-care, residential, and cemetery statutes when those facts fit instead of stretching Form B. No acreage or value cap is published in § 39-3-106. Leased exclusive religious use is a post–SB18-070 policy, subject to current Code text and DPT practice.
11. Complete Reference List
- Assessors’ Reference Library Ch. 10 Exemptions — https://arl.colorado.gov/chapter-10-exemptions
- C.R.S. Title 39 articles 2–3 — https://leg.colorado.gov/
- SB18-070 bill page — https://leg.colorado.gov/bills/SB18-070
- DOLA Exempt Property Report portal — https://dola.colorado.gov/dpt_exemptions/arLogin.jsf
- DPT contact (exemptions) — see dola.colorado.gov Division of Property Taxation