Income Tax Incentives for Land Conservation
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About This Document
For landowners, donating a conservation easement is a way to protect places they love. It’s also a major financial decision. When landowners donate a conservation easement, they give up part of the value of their property — often their family’s biggest asset. Tax incentives offset some of that loss in property value, making conservation a viable option for more landowners.
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The federal conservation tax deduction
In 2015, Congress enacted one of the most powerful conservation measures in decades: the enhanced federal tax incentive for conservation easement donations. The permanent conservation easement tax incentive is an important tool that helps Americans conserve their land voluntarily.
For land trusts across the country, the permanent incentive represents vastly increased opportunities to protect the special places in their widely varied communities.
If you own land with important natural, agricultural or historic resources, donating a conservation easement can be a prudent way to both save the land you love forever and to realize significant federal tax savings.
Download our brochure to learn moreFor the latest information and for guidance on individual properties, please contact your local land trust, which can be located at findalandtrust.org.
State income tax credits for conservation
In addition to the federal tax deduction, 14 states and territories offer some form of tax credit for conservation easement donations. In some states and territories, if a landowner donates an easement but doesn’t owe enough tax to use the full credit, they can sell the remaining credit to another taxpayer, generating immediate income. This is known as a transferable tax credit. In other states and territories, the income tax credit is non-transferable. Learn what sort of credit your state or territory has below:
Arkansas
Connecticut
Colorado
Delaware
Florida
Georgia
Iowa
Maryland
Massachusetts
Mississippi
New Mexico
New York
Puerto Rico
South Carolina
Virginia
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Sample for Practice 10A: Tax Information for Landowners
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Sample for Practice 8D: Basic Concepts of Conservation Easements
This document includes basic concepts of conservation easements that may help a landowner design the restrictions on the property under the conservation easement, and the rights they would like to retain under the conservation easement. It is a tool to help facilitate the education of landowners.
A Tax Guide to Conservation Easements, Third Edition
Updated for 2023, this popular publication clearly covers basic legal concepts underpinning easements, requirements for tax benefits, appraisals and more.
General Appraisal Information for Landowners and their Attorneys and Tax Advisors
The rules regarding valuation when seeking a federal tax deduction on a donated easement can be confusing for landowners. This fact sheet provides a checklist for a landowner and their tax advisor and attorney can use when reviewing an appraisal.