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Financial Assistance

Financial Benefits Of Conservation Easements

HummingbirdBoth federal and Mississippi laws provide tax benefits to landowners who protect natural or historic land with qualifying conservation easements. Conservation easements are not suited for every situation; it is important that landowners consult tax professionals for more specific information.

A conservation easement donation can qualify as a charitable contribution if:

A. it is granted in perpetuity;

B. it is granted to a qualified organization, either

1. a non-profit, 501(c)(3) charitable organization (i.e., a land trust) with a conservation purpose and the means to enforce the easement, or
2. a local, state or federal public agency;

C. it achieves a least one of the following:

1. preserves land for public outdoor recreation or education,
2. protects relatively natural habitats of fish, wildlife or plants,
3. preserves open space including farms, ranches or forests either for scenic enjoyment or in keeping with an adopted public policy (such as a local open space plan), or
4. preserves historically important land or certified historic structures.

For a conservation easement donation to qualify for a federal income tax deduction, the following items usually need to be prepared:

1. the conservation easement document;
2. an inventory (including photographs) of the property's condition at the time of donation listing man-made structures, water resources, agricultural and ecological features;
3. a qualified appraisal of the conservation easement prepared by an independent real estate appraiser working for the donor, completed no more than 60 days prior to the donation and no later than the time the tax return claiming the deduction is filed;
4. title report, copy of the deed and copies of any mortgages with subordination agreements from the mortgage holder;
5. a legal land survey; and
6. IRS Form 8283 (an attachment to the federal income tax return of anyone claiming charitable contributions of more than $5,000).

Conservation Easements
What Is a Conservation Easement?
Why Use a Conservation Easement?
What is the Uniform Conservation Easement Act?
Frequently Asked Questions about Conservation Easements
Financial Benefits of Conservation Easements
Federal Income Tax Deduction
Estate Taxes
Local Property Taxes
Land Trusts
What Next?
Appendices

Photos by Michael Kelly

 

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