IMPORTANT UPDATE
HOUSE
BILL 10-1197 and HOUSE BILL 11-1300
A three-year conservation tax credit cap became effective on January 1, 2011, in accordance with state statues and HB 10-1197. This cap will remain in place until December 31, 2013. House Bill 11-1300, signed into law in May 2011, changes the allocation of the three-year tax credit cap. This means only $22 million in conservation tax credits will be issued by the Division of Real Estate (DRE) for year 2011; $22 million for year 2012 and $34 million for 2013, for an aggregate total of $78 million for years 2011 through 2013. The individual maximum credit has not changed and is still set at $375,000.
Click
here to view House Bill 10-1197
Click
here to view House Bill 11-1300
Please feel free to contact
us with any questions you may have regarding
H.B. 10-1197 or H.B. 11-1300
TAX CREDIT APPLICATION
The Colorado Division of Real
Estate (DRE) administers the tax credit cap program.
Landowners are required to apply through the DRE
for a tax credit certificate in order to be granted
a tax credit during the cap years. This is accomplished
by submitting a completed tax credit application
[click
here], a $250 application fee, a recorded
copy of the deed of conservation easement and
a copy of the appraiser’s affidavit
(to be completed by the appraiser) to the DRE.
FEE
PAYMENT - CTCT will pay the
$250 tax credit application fee for landowners
as part of our service.
COMPLETING THE TAX CREDIT
APPLICATION
CTCT will assist landowners
in completing, reviewing and tracking their tax
credit application packets.
DRE encourages donors
working with a tax credit broker to list the broker
as either the main or additional contact on the
application form.
Please
click here to download a copy of the Tax Credit
Application
RECEIVING A TAX CREDIT CERTIFICATE
A tax credit submitted for
certification will be issued a tax credit certificate
only after DRE determines all the required paperwork
is in order. Any error in the application or omission
of the required documents requires a re-submittal
of the application, which consequently delays
the issuance of a tax credit certificate.
The certificates are issued on
a first-come, first-served basis. They can only
be issued in the order in which they are received until the aggregate cap of $78 million
is reached. It is possible that a tax credit
certificate issued in 2012 might not be able
to be used until 2013 depending upon
how many certificates are granted in 2012 and
the landowner’s position on the DRE list.
EARLY REGISTRATION IS VERY
IMPORTANT
Sellers are encouraged to complete
the CTCT Seller Registration Form [click
here] so they can register their tax
credit with us. We encourage sellers to register
early, even if they are just beginning the easement
donation process so we can help them to complete
their tax credit application for submittal to
DRE.
DRE posts the dollar amount of
credit that has received a tax credit certificate
on their website. This is updated on
a bi-weekly basis. Once the $22 million cap has been met, DRE will begin granting tax
certificates for the next $22 million to be
used in 2012 and the last $34 million to be
used in 2013. This information can be accessed
by clicking the following link: http://www.dora.state.co.us/real-estate/conservation/taxcredit.htm |