Remedies for Recipients of "Notice of Forfeiture of Right to Claim Exemption"
Owners of property which has been exempted from property taxes are required to annually file an Exempt Property Report with the Division of Property Taxation, describing all uses of the property for the previous year. If the owner fails to file its Exempt Property Report by the filing deadline, the statutes require that the Division issue a Notice of Forfeiture, returning the property to the tax rolls as of January 1 of the year in which the failure to file occurred.
- In order to regain exemption without interruption, the owner may petition the State Board of Equalization to waive the final filing deadline. If the Board finds that "...the interests of justice and equity would be served thereby", the deadline will be waived. To petition the State Board of Equalization, please complete and submit the Petition For Waiver Of Filing Deadline For Annual Exempt Property Report(s) (see link below) to the Division of Property Taxation.
- If your petition is received by the deadline, the Division will place your request on the docket for the next State Board of Equalization hearing. The State Board meets annually in October, though there may be additional hearings at other times in the year if circumstances require it. Once the Board has set a hearing date, you will be notified, and you may appear before the Board to explain your petition.
- If the SBOE waives the final filing deadline, the Division will then reissue the Exempt Property Report(s) for the year(s) in question. The report(s) will be due within 30 days of reissuance, along with $250.00 in filing fees for each year in question. Please DO NOT send in your report and fee until you are notified of the board's decision.
- If the owner does not wish to petition the State Board of Equalization, the owner may file an appeal with the Board of Assessment Appeals, if that appeal is filed within 30 days of the date of the Notice of Forfeiture. For more information visit the Board of Assessment Appeals website or call the Board at (303) 864-7712.
If you have any questions, please feel free to contact the Exemptions Section of the Division of Property Taxation at 303-864-7780.
The deadline for petitions to the State Board of Equalization hearing is three weeks prior to the hearing date. Hearing dates are posted on this page as the dates are set.