Chapter 19 - § 19.7 • DOCUMENTARY FEES

• Jurisdiction: Colorado

§ 19.7 • DOCUMENTARY FEES

§ 19.7.1—Revenue Stamps

When federal revenue stamps were required, the absence of a federal revenue stamp did not ipso facto render a deed void or inadmissible in evidence.³⁴⁵

§ 19.7.2—Nature of and Authority for Documentary Fee

The law imposing the documentary fee was enacted for the purpose of providing a means of developing a continuing record of the considerations paid or to be paid by purchasers of real property evidenced, prior to recording, on the document conveying title to the property.³⁴⁶ This continuing record is to be used by the assessor in determining the actual value of property to be assessed by providing a comparison with other properties of known or recognized value.³⁴⁷

§ 19.7.3—Imposition of Documentary Fee

Each person offering for recording a deed or instrument granting or conveying title to real property must pay to the clerk and recorder a documentary fee measured by the consideration paid or to be paid for the grant or conveyance.³⁴⁸

No documentary fee is payable if the consideration (including the amount of any lien or encumbrance) is $500 or less. Otherwise, the documentary fee is one cent for each $100 or major fraction thereof.³⁴⁹ If property is located in two or more counties, the documentary fee is allocated between the counties based upon a fair allocation of the consideration made by the person offering the deed or instrument for recording.³⁵⁰ The amount of the fee and the date paid are noted on the instrument before recording.³⁵¹ No deed or instrument may be recorded until the required documentary fee has been paid and the evidence of payment noted thereon.³⁵²

§ 19.7.4—Exemptions

The documentary fee does not apply to the following:³⁵³

• A deed in which 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;
• A deed conveying or granting title to real property in consequence of a gift of the property;
• A public trustee's deed executed pursuant to the provisions of C.R.S. § 38-38-501;
• A treasurer's deed executed in accordance with Article 11 of Title 39;
• A sheriff's deed;
• An instrument which confirms or corrects a deed previously recorded;
• A deed granting or conveying title to cemetery lots;
• An 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, or any

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