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Practice 10A: Landowner Notification

Posted 2017 Updated February 25, 2019
Land Trust Alliance
About This Practice

This guidance covers Practice 10A, which includes two elements:

  1. ⬤ Inform potential land or conservation easement donors who may claim a federal or state income tax deduction (or state tax credit), in writing and early in project discussions, that:

    1. ⬤ a. The project must meet the requirements of IRC §170 and the accompanying Treasury Department regulations and any other federal or state requirements

    2. ⬤ b. The donor is responsible for any determination of the value of the donation

    3. ⬤ c. The Treasury Department regulations require the donor to obtain a qualified appraisal prepared by a qualified appraiser for gifts of property valued at more than $5,000

    4. ⬤ d. Prior to making the decision to sign IRS Form 8283, the land trust will request a copy of the completed appraisal

    5. ⬤ e. The land trust is not providing individualized legal or tax advice

  2. Do not make assurances as to:

    1. a. Whether a particular land or conservation easement donation will be deductible

    2. b. What monetary value of the gift the IRS and/or state will accept

    3. c. What the resulting tax benefits of the deduction or credit will be, if any

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