If you donate a conservation easement that meets federal
tax code requirements, the value of the easement can be treated as a charitable
gift and deducted from income tax (to the extent your particular tax situation
allows). For income tax purposes, the value of the easement is the difference
between the land's value with the easement and its value without the easement.
If a property is worth $500,000 unrestricted, for example, and an easement
that precludes further development is placed on it that drops its value
to $200,000, the value of the donation is $300,000. Easement values vary
greatly; in general the highest easement values result from very restrictive
conservation easements on tracts of developable open space under intense
development pressure.
In order to qualify as a charitable donation, an easement
must meet federal tax code requirements - in essence, must provide public
benefit by permanently protecting important conservation resources. However,
an easment does not have to cover all of the property, preclude all use
of development, or allow public access to qualify. |