Wednesday, January 3, 2007

What is a Conservation Purpose?

The following is Guidance from Internal Revenue Code

Internal Revenue Code Section 170(h)(4)(A) defines conservation purposes as:

i) The preservation of land areas for outdoor recreation by, or the education of, the general public,

ii) The protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem,

iii) The preservation of certain open space (including farmland and forest land) where such preservation is ----

  • For the scenic enjoyment of the general public and will yield a significant public benefit, or
  • Pursuant to a clearly delineated Federal, State, or local governmental conservation policy and will yield a significant public benefit.

iv) The preservation of an historically important land area or a certified historic structure.

Such an easement may qualify for a federal income tax deduction under IRS criteria or a state tax credit under Virginia law (and probably also Maryland law).

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