Filing the protest with the assessor

Bottom line first. Your first step is a protest to the county assessor. It is cheap and simple: fill in the form that came with your notice, write a letter, or show up. The one thing you cannot fix later is a missed date, so read the date on your notice today. This is general education, not legal or tax advice. Rules and dates change, so check your notice and your county assessor for the current year.

Who may file, and about what

The assessor is the county official who sets a value on every property for tax purposes. A protest (the law calls it an "objection and protest") is your written or spoken statement that you disagree with that value. The statute says a person may protest if they think their property "has been valued too high, has been twice valued, or is exempt by law from taxation" or was assessed to the wrong person (C.R.S. 39-5-122(2)).

One thing is not a reason to protest: a change in the assessment rate (the percentage of your value that gets taxed). The law says a change in that ratio is not grounds for an objection (C.R.S. 39-5-122(2)). You protest the value, not the rate and not the estimated tax bill (C.R.S. 39-5-121(1)(a)(I)).

What your notice tells you

By May 1 the assessor mails a notice of valuation: a letter that states the actual value (the assessor's estimate of what your property is worth) for the previous year and the current year (C.R.S. 39-5-121(1)(a)(I)). The notice must also give the deadline to protest and the dates and places the assessor will hear protests. Some counties send a short postcard that links to the long notice online; you can ask for the long form by mail (C.R.S. 39-5-121(1.8)). If a property has an itemized listing, check it for errors in square feet, bedrooms, finished basement and the like.

The deadline

As the statute text we checked reads, for real property (land and buildings) your protest must be delivered, postmarked, or given in person by June 8 (C.R.S. 39-5-122(2); 39-5-121(1)(a)(I)). For personal property (business equipment and similar movable items) the date is June 30 (C.R.S. 39-5-122(2)). After the date, the notice says your right to protest that year's change is lost. Check your notice and your county assessor for the current year, because deadlines have changed in recent years.

If you mail it, the law presumes it was received on the day it was postmarked (the date the post office stamps on it). Hand-delivered papers get a received stamp. Forms and letters are presumed on time unless the assessor can show otherwise (C.R.S. 39-5-122(2)). Still, keep proof: a photo of the stamped copy or a mailing receipt.

Three ways to file

• Appear before the assessor and object in person.
• Complete the form mailed with your notice. It has space to explain why you think your value is different.
• Send a letter by mail to the assessor's office, stating in general terms the reason.

All three work (C.R.S. 39-5-122(2)). The mailed form is not the only way (C.R.S. 39-5-121(1)). The county may not dictate a particular written form for your objection (C.R.S. 39-5-122(2)). Your reason can be short, such as "the value is higher than similar homes nearby sold for."

What evidence to bring

The assessor must consider any information you give about your property's value (C.R.S. 39-5-122(5)(b)). Strong evidence is concrete and about your own house:

• Comparable sales ("comps"): recent sales of similar homes close by, with address, sale date, price, size and condition.
• Photos and repair estimates for problems the record may not show, like a failing foundation or a leaking roof.
• A recent appraisal or purchase closing paper for your home, if you have one.
• Errors in the assessor's record, such as a wrong square footage.

You may also ask the assessor in writing for the data used to value your property. The assessor must send it within seven working days of the request, and may charge a reasonable cost, estimated first (C.R.S. 39-5-121.5). The statute for the later board hearing says three working days (C.R.S. 39-8-107(3)); ask early and ask for both clocks to be honored.

Example with real numbers

Priya's notice shows an actual value of $520,000. She finds three similar homes on her street that sold in the past year for $455,000, $470,000 and $485,000. The middle sale is $470,000, so she asks for $470,000.

1. Value difference: $520,000 - $470,000 = $50,000.
2. Taxable part, using a made-up assessment rate of 6.5% (for the arithmetic only, not the current rate): $50,000 x 0.065 = $3,250.
3. Tax effect, using a made-up levy of 80 mills (a mill is $1 of tax per $1,000 of taxable value, so 80 mills = 0.080): $3,250 x 0.080 = $260 less tax per year.

So a $50,000 cut would save about $260 a year at these made-up numbers. That is real, but small, so spend effort in proportion. Priya mails a one-page letter with the three comps, postmarked well before the deadline, and keeps a copy.

After you file

If the assessor finds the value wrong, the assessor corrects it (C.R.S. 39-5-122(2)). If the assessor declines to change it, the assessor must state reasons in writing on the state form and mail you two copies. A bare denial is not enough (C.R.S. 39-5-122(5)(a)). The mailing date for real property is the last regular working day of the assessor in June, as the text reads (C.R.S. 39-5-122(2)).

Some counties use an alternative protest procedure, which the county elects by May 1 (C.R.S. 39-5-122.7(1)). Under it, the assessor's written answer is due by August 15 instead (C.R.S. 39-5-122(2)). Your notice tells you which applies. A written denial lets you appeal to the county board of equalization, which is the next lesson (C.R.S. 39-5-122(3)).

Pitfalls

• Waiting for the tax bill: by then the protest window for that year may be closed.
• Protesting the tax amount or the rate; those are not protestable.
• Giving no number. Say what value you think is right.
• Throwing away the denial. You need it to appeal.