• We seek an
annual benefit to parallel in value Colorado’s disabled veteran’s survivor
property tax exemption for widows of our state's servicemembers who die on active
service in the line of duty. For 2019 this is approximately $609 (Colorado Legislative Council Staff)
• Colorado
Constitution Article X Section 3.5 permits the exemption to a widow only if the
veteran was already receiving it at the time of death. The death of our
husbands in the line of duty during combat or combat support does not allow an
opportunity to complete Colorado's application. To be clear, if they’d survived their wounds instead of
dying, we’d be eligible. We’re denied the modest tax exemption because our
husbands died instead of coming home. Colorado is unique among the states in providing benefits for disabled veterans’ widows, but not for
active duty widows.
Here's the text in the Constitution Article X Section 3.5 that hurts us:
Here's the text in the Constitution Article X Section 3.5 that hurts us:
(b) The owner-occupier is the spouse or surviving spouse of an owner-occupier who previously qualified (emphasis added) for a property tax exemption for the same residential real property under paragraph (a) of this subsection (1);
PROPOSED SOLUTION:
A.
The surviving spouse of a servicemember who
dies of service-connected causes while on active duty is entitled to an annual
benefit to parallel in value the present property tax exemption for eligible disabled
veterans or their survivors ($100,000 of the first $200,000 of assessed value
providing:
B.
The servicemember
or survivor was a resident of Colorado (regardless of duty station at the time
of death) on January 1st of the year he or she died, and
C.
The survivor continues to reside, or if
returning to Colorado from active duty posting to obtain the property as his or
her permanent residence, and holds legal or beneficial title, and
D.
The survivor does not remarry, and the survivor
applies annually for the exemption, producing a letter from the US Department
of Veterans Affairs, relevant military service or Department of Homeland
Security that attests to the service-connected death while on active duty.
An important
goal is that a servicemember who dies on active duty need not have owned the
homestead property at the time of his or her death, but such a residence can be
purchased at any later time by the survivor and receive the benefit. This is to
facilitate survivors returning to Colorado from their active duty postings following
the service member's death to then purchase a home, as well and accommodate those
widows not owning their own residence at the veteran’s death but who later
purchase a home.
Gold Star Wives of America, Denver
Chapter
Major Wes Carter, USAF Retired
(volunteer advocate) (971) 241-9322
