Hi mona5,
Here you go -
For the purpose of the exemption, "primary residence" is synonymous
with ''residence'' as defined for voter registration purposes in Title
1, Article 1, Section 104(43), of the Colorado Revised Statutes. The
statute is quoted as follows: '''Residence' means the principal or
primary home or place of abode of a person, as set forth in section
1-2-102.'' Pertinent sections of 1-2-102(1), C.R.S. include the
following:
(a) (I) The residence of a person is the principal or primary home
or place of abode of a person. A principal or primary home or place of
abode is that home or place in which a person's habitation is fixed
and to which that person, whenever absent, has the present intention
of returning after a departure or absence, regardless of the duration
of the absence. A residence is a permanent building or part of a
building and may include a house, condominium, apartment, room in a
house, or mobile home. No vacant lot or business address shall be
considered a residence.
(b) In determining what is the principal or primary place of abode
of a person, the following circumstances relating to the person shall
be taken into account: Business pursuits, employment, income sources,
residence for income or other tax purposes, age, marital status,
residence of parents, spouse, and children, if any, leaseholds, sites
of personal and real property, existence of any other residences and
the amount of time spent at each residence, and motor vehicle
registration.
(c) The residence given for voting purposes shall be the same as the
residence given for motor vehicle registration and for state income
tax purposes.
http://www.qpublic.net/co/saguache/sproptaxexmp.html
http://www.alamosacounty.org/depts/Assessor/seniorTax.html
COLORADO COURT OF APPEALS
Section 31-10-201(3)(a), C.R.S. 2000, provides a further definition of residence:
"The residence of a person is the principal or primary home or place
of abode of a person. Principal or primary home or place of abode is
that home or place in which his habitation is fixed and to which a
person, whenever he is absent, has the present intention of returning
after a departure or absence therefrom, regardless of the duration of
absence. In determining what is a principal or primary place of abode
of a person, the following circumstances relating to such person may
be taken into account: Business pursuits, employment, income sources,
residence for income or other tax purposes, age, marital status,
residence of parents, spouse, and children, if any, leaseholds, situs
of personal and real property, and motor vehicle registration."
http://www.courts.state.co.us//coa/opinion/archive/2000/00CA0009.doc
For purposes of municipal elections, residence is defined as "the
principal or primary home or place of abode of a person as set forth
in section 31-10-201(3)." Section 31-10-102(8.5), C.R.S. 2000; Gordon
v. Blackburn, 618 P.2d 668, 671 (Colo. 1980)(determining residence of
municipal electors). Section 31-10-201(3)(a), C.R.S. 2000, provides a
further definition of residence:
"The residence of a person is the principal or primary home or place
of abode of a person. Principal or primary home or place of abode is
that home or place in which his habitation is fixed and to which a
person, whenever he is absent, has the present intention of returning
after a departure or absence therefrom, regardless of the duration of
absence. In determining what is a principal or primary place of abode
of a person, the following circumstances relating to such person may
be taken into account: Business pursuits, employment, income sources,
residence for income or other tax purposes, age, marital status,
residence of parents, spouse, and children, if any, leaseholds, situs
of personal and real property, and motor vehicle registration."
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=co&vol=2001app%5Cct05244&invol=1
Basic Requirements for residency:
The statue provides that an in-state student is one who has been a
legal domiciliary of Colorado for one year or more immediately
preceding the beginning of the term for which the in-state
classification is being sought. Persons over 23 years of age or who
are emancipated establish their own legal domicile. Those who are
under 23 years of age and un-emancipated assume the domicile of their
parent or court appointed legal guardian. An un-emancipated minor's
parent must, therefore, have a legal domicile in Colorado for one year
or more before the minor may be classified as an in-state student for
tuition purposes.
Domicile is established when one has a permanent place of habitation
in Colorado and the intention of making Colorado one's true, fixed and
permanent home and place of habitation. The tuition statute places the
burden of establishing a Colorado domicile on the person seeking to
establish the domicile. The question of intent is one of documented
fact and needs to be shown by substantial connections with the state
sufficient to evidence such intent. The most common ties with the
state are:
1. Change of driver's license to Colorado;
2. Change of automobile registration to Colorado;
3. Colorado voter registration;
4. Permanent employment in Colorado;
5. And most important, payment of state income taxes as a resident by
one whose income is sufficient to be taxed.
http://www.cudenver.edu/Admissions/Costs+and+Financing/Residency+Classification.htm
I hope this helps. If you have any questions, please post a
clarification request and wait for me to respond before closing/rating
my answer.
Thank you,
hummer
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