July 18, 2019

Colorado Supreme Court: Public Utilities Not Entitled to Intangible Property Exemption for Property Tax Purposes

The Colorado Supreme Court issued its opinion in Qwest Corp. v. Colorado Division of Property Taxation, Department of Local Affairs on Monday, June 24, 2013.

CRS § 39-4-102—Equal Protection—Uniform Taxation—Motion to Dismiss.

The Supreme Court affirmed the court of appeals’ ruling in favor of the Colorado Department of Local Affairs’ interpretation of CRS § 39-4-102. The Court held that Qwest Corporation, a public utility, is valued centrally and therefore is not entitled to the intangible property exemption or the cost cap valuation method found elsewhere in Colorado’s tax statutes. The Court also held that this valuation method does not violate Qwest’s constitutional guarantee under the Equal Protection Clause nor does it violate Qwest’s rights under the Uniform Taxation Clause of the Colorado Constitution.

Summary and full case available here.

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