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The American Jobs and Closing Tax Loopholes Act of 2010 bill was passed in the House of Representatives on May 28, 2010, and as of June 9, 2010 had been taken up by the Senate.
The Act extends the special rule regarding contributions of capital gain real property for conservation purposes for one year for contributions made in taxable years beginning before January 1, 2011.
Click here to read the section on Qualified conservation contributions.
The Farm Bill (H.R. 2419) which Congress enacted on May 22, 2008 includes a powerful tax incentive which has helped conserve over a half a million acres of natural areas, farms, and ranches across the US. The incentive had expired January 1st, but is now retroactive to the beginning of the year and will last through 2009.
The incentive, which applies to a landowner's federal income tax, will:
- Raise the deduction a donor can take for donating a voluntary conservation agreement from 30% of their income in any year to 50%;
- Allow farmers and ranchers to deduct up to 100% of their income; and
- Increase the number of years over which a donor can take deductions from 5 to 15 succeeding years.
Here is an example of how these tax deductions can help.
Here is the IRS code (Internal Revenue Bulletin: 2007-25 ) for the extended tax provisions.
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Introductory Articles
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- Working Forest Conservation Easements: A Primer for Forest Landowners
- Working Forest Conservation Easements: A Primer for Forest Landowners. The landscape is changing and forestland continues to be broken into smaller parcels and converted into housing developments at an astonishing rate. If forest landowners want to ensure that their forest stewardship efforts ex ...
- Internal Revenue Code, Section 170(h)
- 153FEDERAL HISTORIC PRESERVATION LAWSThis Act became law on December 17, 1980 (Public Law 96-541, 26 U.S.C. 170(h) and has been amended three times.Internal Revenue Code, Section 170(h)QUALIFIED CONSERVATION CONTRIBUTIONS, AS AMENDEDQualified conservation contributionSection 170(h) (1) For purposes ...
- Recommended Reading List
- PLN Recommended Reading List. Home Land - Ranching and a West That Works. Edited by Laura Pritchett, Richard L. Knight, and Jeff Lee. Saving The Ranch - Conservation Easement Design in the American West. By Anthony Anella and John B. Wright. This Sovereign Land. By Daniel Kemmis. ...
- Forever Donation
- Forever Donation. A landowner recently asked us: "What is the best way to ensure that the land I donate is not sold? We put the question to the land trust community and it generated quite a bit of activity on the land trust listserv. They provided a spectrum of ideas which range from the pragmatic to the philosophica ...
- The Importance of Land Trusts to Forestry
- The Importance of Land Trusts to Forestry. Consider the following scenario: A husband and wife with two children own a 200acre tract of highly productive timber land. The parents leave the land to their children, but divide it into two parcels. One child decides to continue managing forests in the tradition of her pa ...
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Articles for Professionals
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- Federal Estate and Gift Tax Consequences of Donated Term Conservation Easements
- LAND TRUST ALLIANCE Exchange Summer 2000 25 Term conservation easements are conservation easements that are not perpetual, but, rather, restrict the property for a term of years. After the term has expired, the conservation easement restrictions terminate and no longer affect the land. Term conserva ...
- Farm & Ranch Estate Planning
- Rally 2002 Session 4K Farm & Ranch Estate Planning Jeremiah P. Cosgrove Ryland Howard. 2002 FARM CONSERVATION TAX UPDATE By Jerry Cosgrove, Attorney, American Farmland Trust Co-author, Your Land is Your Legacy: A Guide to Planning for the Future of Your Farm n September 1999, American Farmland Trust published a ...
- Appraisals and Valuation
- Appraisals and Valuations - HOW THE GIFT IS VALUED. By: Stephen J. Small, Esq.. For purposes of the tax rules, the "value" of a property is equal to what it would sell for if it were put to the most valuable economic use that is possible under the circumstances. In many cases (though not all) with land t ...
- Estate Tax Incentive For Landowners
- AN IMPORTANT ESTATE TAX INCENTIVE FOR LANDOWNERS. By: Stephen J. Small, Esq.. In 1997, for the first time in more than a decade, Congress added to the law significant new tax incentives for voluntary land protection by private landowners.Let’s start with a few important observations. Every single conservation ea ...
- Estate Planning Opportunities
- Low Interest Rates Offer Estate Planning Opportunities By. James A. Houle, Esq.. Many of us have used the current low interest rates to save money by refinancing our homes and businesses. But attractive rates can also offer even better opportunities to save on gift and estate taxes, which now apply to tra ...
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Internet Resources
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