Tweet
Since conservation easements (when used properly) are a good tool for preserving battlefields and historic sites, I thought this was an interesting article.
For a related thread see
http://www.billingsgazette.com/index...-irs-gifts.inc (accessed 2 July 2004)
IRS targets conservation gifts
The Washington Post
WASHINGTON - The Internal Revenue Service announced Wednesday it is cracking down on improper tax deductions taken by people who give real estate and cash to environmental groups, warning that taxpayers could face penalties and charities could lose their tax-exempt status.
The IRS is specifically targeting gifts of "conservation easements" - deed restrictions that limit some types of real estate development. The easements have become the environmental movement's key tool for preserving millions of acres of open space and fragile ecosystems.
The IRS is focusing on easements that have questionable public benefit or have been manipulated to generate inflated deductions.
"We've uncovered numerous instances where the tax benefits of preserving open spaces and historic buildings have been twisted for inappropriate individual benefit," IRS Commissioner Mark Everson said in a statement. "Taxpayers who want to game the system and the charities that assist them will be called to account."
The IRS warned that it intends to levy penalties on charity executives and board members who knowingly help secure improper deductions claimed in connection with such transactions.
The announcement did not name any individual taxpayers or charities. It comes as the IRS is conducting a major audit of the Nature Conservancy, the world's largest environmental organization.
The Washington Post reported last year that the conservancy, based in suburban Arlington, Va., had repeatedly bought land, added some development restrictions, then resold the properties at reduced prices to its trustees and other supporters. The buyers made cash gifts to the Conservancy roughly equal to the difference in price, thereby qualifying for substantial tax deductions - just as if they had donated to their local charity.
The conservancy said the sales prices were proper because the development restrictions reduced the market value of the tracts.
But in the wake of the news articles, the conservancy announced it would not conduct such deals with its board members and trustees.
Former IRS Commissioner Sheldon Cohen called Wednesday's announcement an unusually strong action, adding, "It is pretty obvious who it is aimed at."
On Wednesday, conservancy spokesman James Petterson said executives there were still studying the IRS action. "The Nature Conservancy over the last decade has received several legal opinions reflecting other interpretations of the law," Petterson said. "We are reviewing what the IRS issued, assessing its impact on our programs and determining appropriate actions."
The IRS said Wednesday it "intends to disallow" and assess tax penalties for improper tax deductions claimed for gifts of easements to charities. Easements that serve no conservation purpose and create no significant public benefit do not qualify for tax deductions, the agency said.
Some taxpayers have claimed deductions for amounts that exceed the value of the restrictions placed on their land, the IRS added.
For a related thread see
http://www.billingsgazette.com/index...-irs-gifts.inc (accessed 2 July 2004)
IRS targets conservation gifts
The Washington Post
WASHINGTON - The Internal Revenue Service announced Wednesday it is cracking down on improper tax deductions taken by people who give real estate and cash to environmental groups, warning that taxpayers could face penalties and charities could lose their tax-exempt status.
The IRS is specifically targeting gifts of "conservation easements" - deed restrictions that limit some types of real estate development. The easements have become the environmental movement's key tool for preserving millions of acres of open space and fragile ecosystems.
The IRS is focusing on easements that have questionable public benefit or have been manipulated to generate inflated deductions.
"We've uncovered numerous instances where the tax benefits of preserving open spaces and historic buildings have been twisted for inappropriate individual benefit," IRS Commissioner Mark Everson said in a statement. "Taxpayers who want to game the system and the charities that assist them will be called to account."
The IRS warned that it intends to levy penalties on charity executives and board members who knowingly help secure improper deductions claimed in connection with such transactions.
The announcement did not name any individual taxpayers or charities. It comes as the IRS is conducting a major audit of the Nature Conservancy, the world's largest environmental organization.
The Washington Post reported last year that the conservancy, based in suburban Arlington, Va., had repeatedly bought land, added some development restrictions, then resold the properties at reduced prices to its trustees and other supporters. The buyers made cash gifts to the Conservancy roughly equal to the difference in price, thereby qualifying for substantial tax deductions - just as if they had donated to their local charity.
The conservancy said the sales prices were proper because the development restrictions reduced the market value of the tracts.
But in the wake of the news articles, the conservancy announced it would not conduct such deals with its board members and trustees.
Former IRS Commissioner Sheldon Cohen called Wednesday's announcement an unusually strong action, adding, "It is pretty obvious who it is aimed at."
On Wednesday, conservancy spokesman James Petterson said executives there were still studying the IRS action. "The Nature Conservancy over the last decade has received several legal opinions reflecting other interpretations of the law," Petterson said. "We are reviewing what the IRS issued, assessing its impact on our programs and determining appropriate actions."
The IRS said Wednesday it "intends to disallow" and assess tax penalties for improper tax deductions claimed for gifts of easements to charities. Easements that serve no conservation purpose and create no significant public benefit do not qualify for tax deductions, the agency said.
Some taxpayers have claimed deductions for amounts that exceed the value of the restrictions placed on their land, the IRS added.