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    Policy Action > Tax Policy > Federal Tax Regulations

    Federal Tax Regulations for All Conservation Contributions

    As a land trust or donor, whether considering an easement or some other conservation donation, there are many federal tax regulations you must follow to ensure proper credit for your charitable gift.

    On This Page:

    Internal Revenue Service Guidance and Private Letter Rulings

    Key Bill Text and Treasury Regulations

    IRS Requiring Substantiation Letters and Form 8283 Attachments

    Contemporaneous Written Substantiation

    The Internal Revenue Code clearly states that all charitable gifts valued at $250 or more must be substantiated by a letter acknowledging the gift and stating that the donor received no goods or services in return.  This requirement applies to easement donations, and several recent tax court cases have denied deductions on this basis.  The IRS says that neither Form 8283 nor language in the easement itself can substitute for such a letter.  If you are not providing such a letter to conservation easement donors, you should! – it is far easier to write a short and simple thank you letter (or email) for your donor than to have to explain why you didn’t. Click here for more details and sample letters.

    Form 8283 Instructions Require New Attachments

    In 2006 the Internal Revenue Service released a new version of Form 8283.  But for conservation donors, even more important than the new form are the new instructions, which include new requirements for conservation easement donors to attach statements that aren’t reflected on the form. Read more.

    Perspectives and Analysis

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