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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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- Alternatives to Real Estate Development Deriving Financial Benefits from Conservation and Mitigation Projects in Virginia - a Lender's Collateral Concerns
- Alternatives to Real Estate Development Deriving Financial Benefits from Conservation and Mitigation Projects in Virginia - a Lender's Collateral ConcernsBy:. Robert J. Allen. and. R. Lee Stephens, Jr. In the current economic environment, landowners previously contemplating development or sale of thei ...
- Bundle Of Rights Approach To Value
- real estate appraisal. Bundle Of Rights Approach To Value. By: Gerald R. Barber. In the appraisal of real estate, it is important to distinguish between real estate and real property.Real estate is the physical land and appurtenances including structures attached thereto. Real estate is immobile and tangibl ...
- Conservation 101
- land conservation. Conservation 101. By: Robert Levin. Before you can decide what is right for you and your land, here are some basic definitions. Whole Interests in Land versus Conservation Easements There are two basic kinds of conservation transactions: “whole interests in land” and “conservation ease ...
- Recognized Conservation Purposes for Easements
- Recognized Conservation Purposes for Easements. In order to obtain tax benefits, a conservation easement must serve a recognized “conservation purpose. The tax code recognizes four purposes that will qualify: 1) Providing places for public outdoor recreation and education. 2) Protecting a signific ...
- Congress approves new tax incentives for conservation
- On August 17, the President signed The Pension Protection Act of 2006 into law. This legislation has created a tremendous expansion of the federal conservation tax incentive for conservation easement donations. This is a great victory for conservation!The new law: Raises the deduction a landowner can ...
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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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