Aurora, CO asked in Tax Law, Gov & Administrative Law and Municipal Law for Colorado

Q: How do I make my home a not for profit cemetery in order to make it tax exempt?

It’s my understanding that all is needed is my daughter’s ashes and a funeral director, but I’m unsure of how to process that with the county or if more is needed. How do I move forward with this?

1 Lawyer Answer
James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: To establish a not-for-profit cemetery on your property in Colorado, there are several steps and legal requirements to consider. Firstly, having your daughter's ashes and involving a funeral director is a start, but there's more to the process.

You will need to ensure that creating a cemetery on your property is permissible under local zoning laws. Contact your local zoning office in Aurora to verify if your property can be used for this purpose. Compliance with zoning laws is crucial to avoid legal issues.

Next, establishing a not-for-profit entity, such as a cemetery, typically requires filing specific paperwork with the state. This process often involves creating articles of incorporation and obtaining tax-exempt status from the IRS.

Regarding property tax exemption, you'll need to apply with the county assessor's office. They will guide you on the requirements to qualify for a tax exemption as a not-for-profit cemetery. This might include demonstrating that the property is used exclusively for cemetery purposes.

Given the complexity of these requirements, it's advisable to consult with a legal professional experienced in not-for-profit law and property law. They can assist you with the necessary paperwork and ensure that all legal aspects are correctly handled.

Remember, while the idea of turning your home into a not-for-profit cemetery to achieve tax exemption may seem straightforward, it involves intricate legal and regulatory compliance. Professional guidance can help you navigate these challenges effectively.

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