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PROTECTING FAMILY LANDS A BETTER UNDERSTANDING OF CONSERVATION EASEMENTS TO ENSURE LEGAL AND TAX REQUIREMENTS ARE MET FOR A CONSERVATION EASEMENT, ASSEMBLING A QUALIFIED TEAM IS ESSENTIAL: LAND TRUST CPA/TAX ADVISOR LEGAL COUNSEL APPRAISER IN PARTNERSHIP WITH coloradoriverlandtrust.org

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Page 1: TO ENSURE LEGAL AND TAX REQUIREMENTS ARE MET FOR A ...coloradoriverlandtrust.org/docs/Protecting_Family... · to ensure legal and tax requirements are met for a conservation easement,

PROTECT ING FAMILY LANDS

A BETTER UNDERSTANDING OF CONSERVATION EASEMENTS

TO ENSURE LEGAL AND TAX REQUIREMENTS ARE MET FOR A CONSERVATION EASEMENT, ASSEMBLING A QUALIFIED TEAM IS ESSENTIAL:

■ LAND TRUST■ CPA/TAX ADVISOR■ LEGAL COUNSEL■ APPRAISER

IN PARTNERSHIP WITH

coloradoriverlandtrust.org

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Page 2: TO ENSURE LEGAL AND TAX REQUIREMENTS ARE MET FOR A ...coloradoriverlandtrust.org/docs/Protecting_Family... · to ensure legal and tax requirements are met for a conservation easement,

TOP 10 TIPS

1. Promote farming, grazing, hunting, fi shing and recreational uses of the land.

2. Ensure property is protected from incompatible development.

3. Create voluntary, fl exible agreements tailored to the goals and needs of landowner.

4. Retain private land ownership and continuecontributing to the local tax base.

5. Continue landowner management of private property.

6. Maintain the ability to sell or transfer land at any time.

7. Conserve the cultural heritage of Texas by protecting open spaces.

8. Protect surface and groundwater resources.

9. Allows production of mineral resources.

10. Encourage discussions about future plans for the family and the land.

FINANCIAL AND TAX BENEFITS

Income Taxes*■ The value of a conservation easement, as determined by a

qualifi ed appraiser, can be treated as a regular charitable contribution.

» Deductible up to 50% of Adjusted Gross Income. » Carry forward unused deductions up to the

following15 years.

■ Professional fees incurred in connection with establishing conservation easement may be deductible for income tax purposes.

Estate Taxes* ■ Conservation easement decreases market value of

property and overall asset value, thereby decreasing estate tax.

■ For individuals whose assets exceed the estate tax exemption (approximately $5.5 million), the estate tax savings from use of a conservation easement can be substantial.

■ Additional reduction of up to $500,000 in gross estate value may be available.

*Consult with your legal and tax advisors.

CONSERVAT ION EASEMENTS

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