Skip to main content

Donating a Conservation Easement

02_18_20_1093840488_ftp_560x292_2.jpg

Taxpayers who donate a conservation easement may be able to take a charitable contribution deduction, if they follow certain rules. For example, donations must be a qualified real property interest to a qualified organization, exclusively for conservation purposes. A restriction on the use of the property must be granted “in perpetuity.” In one case, a donor owned 5,000 acres of land and donated a 500-acre easement to a land trust, with use restrictions. The donor took a charitable contribution deduction for the easement. The IRS denied the deduction, and the U.S. Tax Court agreed, because the grant didn’t satisfy the perpetual restriction requirement in the tax code. (TC Memo 2020-21)