County Treasurers and Public Trustees
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Valuation and Taxation
Documentary Fee on Conveyances of Real Property
39-13-101. Legislative declaration.
(1) The general assembly declares that, in enacting laws relating to the general
property tax, it has provided that certain property in each county of the state
shall be appraised and the actual value thereof determined by the assessor and
that one of the several factors to be considered by him in determining the
actual value of any property shall be "comparison with other properties of known
or recognized value".
(2) It further declares that such comparison may be best effected if
there is available to the assessor a continuing record of the consideration paid
or to be paid by purchasers of real property evidenced, prior to recording, on
the document conveying title to such property and recorded in the office of the
county clerk and recorder in the several counties of the state in the manner
provided by law and that this article is enacted to provide a means of
developing such continuing record and making such record available for use
primarily by assessors.
39-13-102. Documentary fee imposed - amount - to whom payable.
(1) There is imposed and shall be paid, by every person offering for recording
in the office of the county clerk and recorder any deed or instrument in writing
wherein or whereby title to real property situated in this state is granted or
conveyed, a fee, referred to in this article as "documentary fee", measured by
the consideration paid or to be paid for such grant or conveyance, which
documentary fee shall be in addition to any other fee fixed by law for the
recording of such deed or instrument in writing.
(2) The amount of documentary fee payable in each case shall be as
(a) When there is no consideration or when the total consideration
paid by the purchaser, inclusive of the amount of any lien or encumbrance
against the real property granted or conveyed and all charges and expenses
required to be paid for the making of such grant or conveyance is five hundred
dollars or less, no documentary fee shall be payable.
(b) When the total consideration paid by the purchaser, inclusive of
the amount of any lien or encumbrance against the real property granted or
conveyed and all charges and expenses required to be paid for the making of such
grant or conveyance exceeds five hundred dollars, the documentary fee payable
shall be computed at the rate of one cent for each one hundred dollars, or major
fraction thereof, of such consideration.
(3) All documentary fees shall be payable to and collected by the
county clerk and recorder.
(4) In those cases in which real property located in two or more
counties is granted or conveyed in a single transaction, each county clerk and
recorder shall collect a portion of the total documentary fee referred to in
subsection (2) of this section in the same ratio that the consideration fairly
attributable to the part of such property located in his county bears to the
total consideration. The allocation of the total consideration between counties
is to be made by the person offering such deed or instrument in writing for
(5) (a) In determining the amount of consideration paid for the
grant or conveyance of residential real property, inclusive of liens, charges,
and expenses, the total amount of the sales price to the purchaser shall be
deemed to be paid for the grant or conveyance of real property unless evidence
of the separate consideration paid for personal property is submitted as shown
on the contract of sale or the closing or settlement documents on the grant or
conveyance or unless evidence of such separate consideration is shown on the
declaration filed pursuant to the provisions of section
(b) In determining the amount of consideration paid for the grant or
conveyance of commercial or industrial real property, inclusive of liens,
charges, and expenses, the total amount of the sales price to the purchaser
shall be deemed to be paid for the grant or conveyance of real property unless
evidence of the separate consideration paid for personal property is submitted
as shown on the purchaser's use tax return as filed with the department of
revenue or unless evidence of such separate consideration is shown on the
declaration filed pursuant to the provisions of section
(c) Any such evidence submitted under paragraph (a) or (b) of this
subsection (5) shall not be recorded or filed by the county clerk and recorder
and shall not be subject to public inspection but shall be sent to the county
assessor. Such evidence shall be used by the assessor as required by section
39-13-107 but shall be
kept confidential and shall not be subject to public inspection.
39-13-103. Evidence of payment of fee.
Each county clerk and recorder shall evidence payment of the documentary fee
imposed in this article by imprinting, typing, stamping, or writing in ink on
the margin or other blank portion of every document to which such fee applies
the words "State Documentary Fee", the amount of documentary fee paid, and the
date upon which paid, which impression or notation shall be made on such
document before it is recorded.
(1) The documentary fee imposed in this article shall not apply to:
(a) Any deed wherein the United States or any agency or
instrumentality thereof or the state of Colorado or any political subdivision
thereof is either the grantor or the grantee; except that, at the time such
entity offers a deed for recording in the office of the county clerk and
recorder, it shall file an affidavit with the clerk stating the consideration
paid or to be paid for such grant or conveyance. If the entity imprints, types,
stamps, or writes in ink on the margin or other blank portion of the document
the consideration paid or to be paid for such grant or conveyance, it shall be
deemed to satisfy the requirements of an affidavit.
(b) Any deed granting or conveying title to real property in
consequence of a gift of such property;
(c) Any public trustee's deed executed pursuant to the provisions of
(d) Any treasurer's deed executed in accordance with the provisions
of article 11 of this title;
(e) Any sheriff's deed;
(f) Any instrument which confirms or corrects a deed previously
(g) Any deed granting or conveying title to cemetery lots;
(h) Any executory contract for the sale of real property of less
than three years' duration under which the vendee is entitled to or does take
possession thereof without acquiring title thereto nor to any assignment or
cancellation of any such contract;
(i) Any lease of real property or assignment or transfer of an
interest in any such lease;
(j) Any document given to secure payment of an indebtedness;
(k) Any document granting or conveying a future interest in real
(l) Any decree or order of a court of record determining or vesting
(m) Any document necessary to transfer title to property as a result
of the death of an owner thereof;
(o) Any rights-of-way and easements.
(2) Exemption from payment of the documentary fee imposed in this
article must be claimed at the time a deed or instrument is offered for
39-13-105. No deed recorded unless documentary fee paid.
No deed or instrument in writing to which a documentary fee applies shall be
recorded until and unless the documentary fee payable thereon has been paid and
evidence of its payment has been imprinted, typed, stamped, or written in ink
thereon as provided in section
Any county clerk and recorder who willfully and knowingly records any document
to which a documentary fee applies without having first collected such fee and
evidenced payment thereof as provided in this article is guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of fifty dollars.
39-13-106. Unlawful acts - penalty.
(1) It is unlawful for any person to commit the following acts:
(a) To fail or refuse to pay the documentary fee imposed in this
article when such payment is required;
(b) To willfully and knowingly recite to the county clerk and
recorder a consideration greater or less than the actual consideration referred
to in section
39-13-102 (2) (a) and (2) (b) in
connection with the granting or conveying of title to real property by any deed
or instrument in writing to which the documentary fee applies.
(2) Any person who commits either of the acts set forth in
subsection (1) of this section is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not less than fifty dollars nor more
than five hundred dollars, or by imprisonment in the county jail for not less
than ten days nor more than three months, or by both such fine and imprisonment.
39-13-107. Assessor to compile continuing record.
It is the duty of each assessor to examine at least once each year all documents
recorded in his county upon which a documentary fee has been paid and to
determine in each case the consideration upon which such fee was computed and
paid. He shall compile and maintain in his office a continuing record of all
such considerations to assist him in appraising property and determining the
actual value thereof as required by the provisions of section
39-13-108. Disposition of fees.
All documentary fees collected by the county clerk and recorder shall be
deposited with the treasurer at least once each month and credited by him in the
manner prescribed by law.
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