Property Tax Exemption for Residential Renewable Energy Equipment
Property Tax Exemption
Renewable energy personal property that is located on a residential classified property, owned by the residential property owner, and produces energy that is used by the residential property is exempt from Colorado property taxation.
Independently owned residential solar electric generation facilities that meet the criteria listed in § 39-1-102 (6.8), C.R.S. are exempt from Colorado property taxation under § 39-3-102, C.R.S. To qualify for the exemption the solar electric generation facility must be located on residential real property, used to produce electricity from solar energy primarily for use in the residential improvements, and have a production capacity of no more than one hundred 100 kilowatts of AC electricity.
Most locally assessed renewable energy property meet the criteria to be classified as personal property under § 39-1-102 (11), C.R.S.
For Colorado property taxation purposes, solar energy facilities (e.g., PV panels, community solar gardens) property used to produce 2 megawatts (MW) or less of AC electricity and wind energy facilities property used to produce 2 MW or less of AC electricity are locally assessed. In addition, locally assessed renewable energy property includes small or low impact hydroelectric facilities, geothermal energy facilities, and biomass energy facilities as defined in § 39-4-101, C.R.S., used to produce 2 MW or less of AC electricity and placed into use prior to January 1, 2010. Community solar gardens are classified as locally assessed properties.
Renewable energy property in Colorado is taxable unless specifically exempt by the Colorado Constitution.
All renewable energy systems with greater than 2 MW of AC electricity generation capacity are valued as public utility property by the State Assessed Properties Section of the Division of Property Taxation (Division). Small or low impact hydroelectric facilities, geothermal energy facilities, and biomass energy facilities, as defined in 39-4-101, C.R.S., that are put into use on or after January 1, 2010 and not primarily designed to supply electricity for consumption on site are state assessed regardless of AC generation capacity.