Amend or Not to Amend? Unpacking IRS Safe Harbor Clauses

Webinar Date
May 3, 2:00 p.m. – 3:30 p.m. EDT
Land Trust Alliance
Diana Norris, Lori Faeth
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About This Webinar

Land Trust Alliance members can view the recording of this webinar by logging in to their account and scrolling below. If you are not a Land Trust Alliance member, you will need to log in or create an account to the right to purchase the webinar recording.

If you are an attorney working with a land trust, please reach out to them for the code for this event that you can use at check out to access this event for free. If you are a staff member, board member or volunteer of a land trust, you will receive free access to this event when you are logged in.

Registration is required for all Land Trust Alliance events, regardless of whether you are a member or not. You can log in to your account or create a free account through the ‘Login to access’ link.”

Time-Sensitive Webinar! 

Your conservation easement donors have a 90-day window to amend to add IRS written “safe harbor” clauses for extinguishment and boundary adjustments if the land trust agrees.

 These provisions are intended to shield the deductions from audit on extinguishment and boundary line adjustment language only, but not from other challenges, if the conservation easement is properly amended during this cure period. Land trusts may wish to consider a range of liability risks, procedural and policy issues and state law limits as they assess landowner outreach and participation in any cure amendment requests.  

 Here’s a look at what we will cover: 

  • Review of the safe harbor language published by the IRS.  

  • The 90-day limit on any such amendments (what this may mean for land trusts). 

  • What possible risks and potential benefits are involved in this complex IRS process. 

  • What land trusts and their advisors might consider if they seek to amend their easements in this way. 

This webinar is being offered free-of-charge as a service to our members and their attorneys. 

Please email Diana Norris, conservation defense network and tax manager, or Leslie Ratley-Beach, conservation defense director, if you have any questions.