Taxation Chapter - Annual Survey 2010 Out of Stock
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Title: 2010 Annual Survey of Law
Chapter: Taxation
Chapter: Taxation
Author: Norman H. Wright
Format: Electronic Download
The 2010 Annual Survey of Colorado Law is written by top lawyers in their fields and covers many of the most critical areas of Colorado law and practice. The Annual Survey is an important resource to help you stay current with legal updates and trends.
Want CLE Credit while getting the current updates? Norman Wright did a one hour presentation on Taxation: 2010 Annual Survey of Colorado Law. Order the MP3 Download or Video On-Demand of the recorded program.
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In 2009, the Colorado Supreme Court addressed three tax-related cases: a property tax case, an income tax case, and a local sales tax case. In the local sales tax case, the court held that Pueblo's sales and use tax exemption ordinance required religious organizations to also meet the general requirements applicable to all tax exemption applicants. The court upheld the legislature's adoption of Governor Ritter's proposal to freeze school district levy rates. The court also held that conservation easements donated by tenants-in-common constitute one gift, and the total qualified tax credits must be shared.
The Colorado Court of Appeals decided that a conglomerate had adequate notice of the tax filing options available to it and, thus, was not denied due process. The court also addressed a case involving a potential procedural trap when appealing home-rule sales and use tax assessments, holding that the taxpayer was entitled to a hearing. The court also decided three cases involving property tax issues. One involved how the time is calculated to determine qualification as an ag property for classification; the second addressed, but did not fully resolve, seeking costs for experts used in ABAA proceeding; and the last addressed issues raised in a refund and abatement proceeding where the taxpayer had, apparently, intentionally over-reported assets located in the county. In legislative developments, the legislature enacted some economic development programs providing for tax credits, provided tax credits for donating water rights, and addressed some procedural income tax matters. In the property tax area, the most controversial provision involved reporting residential rental information by managers and advertisers for rental listings. A study was commissioned to review the personal property tax system after a bill to change the current program was narrowly defeated. In the sales tax area, the vendor's fee
was temporarily reduced and the tobacco exemption was repealed, both efforts aimed at budget deficit problems.
The legislature also adopted the Uniform Power of Attorney Act. The budget cycle that closed June 30, 2009, failed to fund any TABOR-based refund programs. Please note that this article generally does not cover judicial and statutory developments relating to ballot initiatives, Taxpayer Bill of Rights, or estate planning and probate. Information regarding those developments can be found in the articles on Local Government and Trust and Estate Law in this Annual Survey. This article does not cover U.S. Supreme Court decisions. The article also does not address Revenue Determinations issued by the Colorado Department of Revenue (DOR), nor decisions of the Board of Assessment Appeals (BAA), some of which may be obtained from the DOR or BAA directly or from several online administrative databases.
The Colorado Court of Appeals decided that a conglomerate had adequate notice of the tax filing options available to it and, thus, was not denied due process. The court also addressed a case involving a potential procedural trap when appealing home-rule sales and use tax assessments, holding that the taxpayer was entitled to a hearing. The court also decided three cases involving property tax issues. One involved how the time is calculated to determine qualification as an ag property for classification; the second addressed, but did not fully resolve, seeking costs for experts used in ABAA proceeding; and the last addressed issues raised in a refund and abatement proceeding where the taxpayer had, apparently, intentionally over-reported assets located in the county. In legislative developments, the legislature enacted some economic development programs providing for tax credits, provided tax credits for donating water rights, and addressed some procedural income tax matters. In the property tax area, the most controversial provision involved reporting residential rental information by managers and advertisers for rental listings. A study was commissioned to review the personal property tax system after a bill to change the current program was narrowly defeated. In the sales tax area, the vendor's fee
was temporarily reduced and the tobacco exemption was repealed, both efforts aimed at budget deficit problems.
The legislature also adopted the Uniform Power of Attorney Act. The budget cycle that closed June 30, 2009, failed to fund any TABOR-based refund programs. Please note that this article generally does not cover judicial and statutory developments relating to ballot initiatives, Taxpayer Bill of Rights, or estate planning and probate. Information regarding those developments can be found in the articles on Local Government and Trust and Estate Law in this Annual Survey. This article does not cover U.S. Supreme Court decisions. The article also does not address Revenue Determinations issued by the Colorado Department of Revenue (DOR), nor decisions of the Board of Assessment Appeals (BAA), some of which may be obtained from the DOR or BAA directly or from several online administrative databases.
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