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Don't be fooled by the landman, your neighbor or a non-CPA tax preparer telling you that damages are not taxable. There is nothing wrong with negotiating a damage value on your property but consult your CPA to understand the tax implications. All types of Damages are reportable on your tax return.
Conservation easements facilitate other conservation tools Federal law allows an annual exclusion from the gift tax. In 2022 the exclusion amount is $16,000 per donor per donee. By reducing the value of land, a conservation easement allows more land to pass, tax free, to the next generation.
Taxes on eminent domain compensation also can't be avoided. However, 26 U.S. Code § 1033, ?Involuntary Conversions,? does provide some ways in which eminent domain gain taxes might be deferred. But the overall rule of thumb is that any compensation from a property taken through eminent domain will be taxed.
Capital gains taxes are owed on the profits from the sale of most investments if they are held for at least one year. The taxes are reported on a Schedule D form. The capital gains tax rate is 0%, 15%, or 20%, depending on your taxable income for the year. High earners pay more.
Grants or sales of limited easements are usually not treated as taxable sales of property. Instead, amounts received from such transfers are subtracted from the basis of the property. Any amounts received in excess of basis are treated as taxable gain.