Latest Development in Tax Incentives for Conservation Easements

Federal Incentives: Congress extended, through December 31, 2009, the expanded tax benefits for qualified contributions of conservation easements from the Pension Act of 2006.

These expanded benefits:

  • Allow a donor to deduct 50% of his or her Adjusted Gross Income in a year, with a carry-forward period of 15 years
  • Allow qualified farmers and ranchers to deduct 100% of their Adjusted Gross Income, with a carry-forward period of 15 years

Congress is considering making these incentives permanent, but has not yet passed legislation to do so.

To learn more, please visit the Land Trust Alliance’s comprehensive page on federal tax incentives

State Incentives

Land protected by a conservation easement is eligible under Utah law, for property and estate tax purposes, to be taxed at the fair market value of the land after the easement is in place. This can be helpful for families with limited incomes and for estate planning purposes.