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 Wisconsin Land Trusts
 Land Policy + Legislation

Policy Update— November 18, 2005

To Leaders in Conservation:

Late last night, the US Senate passed a tax bill that included a significant expansion of the deductions available to landowners who donate a conservation easement to a land trust . Thanks to the great work of land trusts throughout the country, not only did we block the Joint Committee on Taxation proposal to eliminate tax deductions for conservation, but we have won support for a dramatic expansion of that incentive!

We are also pleased to report that this Senate bill includes some much-needed appraisal reforms but does not contain unreasonable restrictions on conservation easements. The Senate bill does not include any new limitations on the size or composition of conservation easements on land, or any new requirements for donees accepting those easements.

The bill provides for extending the carry-forward period for tax deductions from 5 to 15 years and raising the cap on conservation deductions from 30 percent of a donor's income to 50 percent - and to 100 percent for farmers and ranchers. The bill also includes a variety of changes in law affecting charities and charitable contributions, including a significant tightening of the rules on donations of easements for the protection of historic structures, and tightening of the rules on appraisers and appraisals of all donated property (including conservation lands and easements. The details of what the Senate passed are posted on our website: www.lta.org/publicpolicy/s2020_easements.pdf

This story is far from over. The House counterpart of this bill does not include the conservation incentive, and getting the House to accept the Senate provision will not be easy. A final decision could be made in the next month, and we will need your help to influence it.

I want to personally thank each and every one of you who helped get us to this point -- each person and organization that contacted their Senators about the importance of the work of land trusts and the implications of the changes suggested by the Joint Committee on Taxation for that work; everyone that helped us raise the financial resources for LTA's work here in Washington, DC; and every one who helped demonstrate our community's commitment to high standards and public benefit, by adopting Land Trust Standards and Practices and helping us to design a private-sector accreditation process for conservation organizations. The inclusion of an expanded tax incentive and the absence of draconian restrictions is a great victory for land conservation!

Sincerely,

Rand Wentworth
President
Land Trust Alliance
1331 H Street NW, Suite 400
Washington, DC 20005
202.638.4725
ProtectPrivateConservation@lta.org

To learn more about this issue, visit the Land Trust Alliance's policy website.

Related links

Land Trust Alliance's policy website

211 S. Paterson St. Suite 270 • Madison, WI 53703 • PH 608-251-9131 • FX 608-663-5971 • info@gatheringwaters.org