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A conservation easement is a voluntary legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in order to protect its conservation values.
In Notice 2017-10, the IRS identified syndicated conservation easement transactions as listed transactions that expose taxpayers to heightened reporting requirements and increased penalties.
On December 20, 2019, the IRS announced in IR-2019-213 it continues enforcement efforts in conservation easement cases following latest Tax Court decision. The IRS stated in its announcement On December 13, 2019, the U.S. Tax Court entered its first decision on a syndicated conservation easement transaction.
Conservation easements are valuable to investors when created through tax-deductible donations. You see, if you own land, you can donate a portion of it to be used as a conservation easement and it counts as a charitable deduction.
Cons:A conservation easement is typically perpetual.A future owner or your heirs may not have the same affinity for conservation as you do.The future value of the property will likely be diminished as a result of the restrictions of the easement.Not all land will qualify for a conservation easement.More items...?