Abatement 2017-03-14T16:32:49+00:00
The Abatement Petition was created by the Colorado General Assembly. Title 39 (Article 10) of the Colorado Revised Statutes states “if taxes have been levied erroneously or illegally, whether due to erroneous valuation for assessment, irregularity in levying, clerical error, or overvaluation”, a taxpayer may file a petition to abate the taxes or that portion of the taxes impacted.

The law was originally created to give taxpayers relief from errors made by the Assessor such as inaccurate records concerning the size of the subject land parcel or the type of improvement such as it is actually a residence and not a commercial property. It also provides taxpayer relief from the over-assessment of a property in situations where knowledge of the excessive charge is acquired subsequent to the usual statutory deadlines for protests.

For our purposes, a taxpayer/property owner is able to use the Abatement Petition to protest the Assessor’s Actual Value of the subject property if certain circumstances are met. The two most important circumstances are (1) no protest may have been filed for the tax year in question and (2) the petition may only go back two years. It must be noted that there are very strict deadlines under which such petitions may be filed and it is complicated by the fact that such filings may disturb future re-assessment year appeal strategies.

As noted above, the filing of Abatement Petitions is complex and we should definitely discuss the issues at hand before a filing is made. We strongly recommend that you call us at 720-962-5750 or e-mail us at info@1stnetre.com.