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The city of Telluride, Colorado has enacted a local real estate transfer tax in addition to the state documentary fee. A buyer purchasing a $900,000 property in Telluride asks her broker whether she must pay both the state documentary fee and the Telluride local transfer tax. Which answer is correct?

Correct Answer

C) Both the state documentary fee and the Telluride local transfer tax apply as separate charges

Colorado law permits home-rule municipalities to enact their own local real estate transfer taxes in addition to the state documentary fee under C.R.S. § 39-13-102. Telluride is a well-known example of a Colorado municipality that imposes a local transfer tax (historically used for affordable housing and community purposes). Both charges are separate and both apply — the state documentary fee is paid at recording, and the local transfer tax is paid to the municipality per its own ordinance.

Answer Options
A
Only the state documentary fee applies; local governments cannot impose additional transfer taxes in Colorado
B
Only the Telluride local transfer tax applies; it supersedes the state documentary fee
C
Both the state documentary fee and the Telluride local transfer tax apply as separate charges
D
Neither applies; resort communities are exempt from all transfer taxes under Colorado law

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Related Topics & Key Terms

Key Terms:

transfer_taxdocumentary_feelocal_transfer_taxhome_ruletelluridecolorado_financing

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