The value of the donated easement for purposes of claiming a federal income tax deduction is calculated as the difference between the fair value of the eased property before the easement is granted minus the value of the eased property after the easement is granted.
Although Virginia Code § 58.1-1802.1 currently limits the Department's collection actions to seven years from the date of assessment, even if collection action has been initiated within the seven-year period, the statute of limitations has been amended several times due to legislative action.
The property must be 5 qualifying acres: be contiguous to a scenic byway with at least 300 feet of frontage or a scenic river; or be adjacent to a public property listed in the approved State Comprehensive Outdoors Recreation Plan (also known as the Virginia Outdoors Plan) and be subject to a perpetual open space ...
Nonresidents report their income in the same manner as residents, using Virginia Form 763. An allocation percentage, based on the ratio of Virginia source income to income from all sources, is then applied to arrive at the individual's net Virginia taxable income.
The Land Preservation Tax Credit Program was not so lucky. Section 58.1-512 of the Code of Virginia provides for a $50,000 per year limitation, but provisions in the Appropriation Act generally supersede conflicting provisions in the code.
The Inflation Reduction Act of 2022 provides tax credits and rebates that may apply to renters. Tax credits have been available to claim since January 1, 2023 and are defined here. Rebates are expected to be made available in Virginia in early 2025.