Notice

The IRS issued final regulations on June 28 to implement the Charitable Conservation Easement Program Integrity Act, which Congress passed in 2022 to identify and halt abusive syndicated conservation easement transactions. The Alliance is thoroughly analyzing the 151 pages of regulations and IRS commentary, so land trusts do not need to worry about the details.

Meeting federal and state tax law requirements.

Land trusts have a special interest in trying to make sure that tax-deductible gifts of land and conservation easements meet IRS and other government requirements. Gifts of conservation easements, in particular, tend to be complex and may be subject to more scrutiny by the IRS than gifts of fee interests. A land trust should review every land and easement gift for which a tax deduction will be claimed against the IRS requirements in order to satisfy itself that there are no obvious errors, while also avoiding giving tax or legal advice to the landowner. Land trusts must also not knowingly engage in potentially fraudulent or abusive transactions and uphold public confidence in conservation. Learn IRS requirements for tax deductible gifts of land or conservation easements and land trusts’ responsibilities for ensuring their transactions are legal and ethical.  

Relevant Standards & Practices

This topic relates to the following components of Land Trust Standards and Practices:

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