Is this easement deduction disallowed pursuant to the Charitable Conservation Easement Program Integrity Act?
About This Guidance
The 2022 Charitable Conservation Easement Program Integrity Act effectively shut down tax avoidance schemes that took advantage of the federal conservation easement tax incentive by expressly disallowing the taxpayer’s deduction. The accompanying final regulations were published on November 20, 2023.
The following decision tree can assist your land trust in determining if the transaction meets the Integrity Act disallowance rule or its exceptions.
As our understanding of the Regulations increases and we receive new information, we will update this resource. Please check back regularly if you engage in transactions with pass-through entities.
Disclaimer
These resources are provided "as is" for informational purposes only, without warranty of any kind. They do not constitute legal or professional advice and do not create an attorney-client relationship. They may not reflect current legal developments and should be adapted for your organization with qualified professional help. The Alliance is not liable for any damages arising from use of or reliance on these resources. Views in individual posts and third-party links/logos are not Alliance endorsements. The Alliance is committed to equal opportunity and does not condone unlawful discrimination.
For accreditation-related materials, please also consult the Land Trust Accreditation Commission website.