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Conservation easement revenue question
#9025354
03/27/24 01:00 PM
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Joined: Sep 2020
Posts: 125
SB9969
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Woodsman
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Woodsman
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I am getting a CPA to answer this question but figured I'd ask here also to get some info from those who have done this. We are doing s conservation easement on our land and going to receive a large payment for the easement. I haven't been able to find what the tax liability on this payment is based on anywhere so am seeing a CPA soon. Has anyone done one of these and knows what the taxable amount in it is or knows someone who has done it ? I'm sure it could be based on several factors but just wanted maybe an idea. I'd assume as a conservation easement it may not be as big of a hit but I'm not sure. The neighbor next to me has one but he is older and couldn't remember. He didn't think it was a big deal on his but who knows. Anyone go through this and have any thoughts ? Thanks for any input.
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Re: Conservation easement revenue question
[Re: SB9969]
#9025451
03/27/24 04:38 PM
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Joined: Jan 2013
Posts: 19,876
Pitchfork Predator
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It’s not really a payment but a tax credit. The amount is based on an appraisal of the easement that’s being donated. The most important piece is the accuracy of the appraisal.
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Re: Conservation easement revenue question
[Re: SB9969]
#9025454
03/27/24 04:47 PM
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Joined: Sep 2020
Posts: 125
SB9969
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That part I understand but we are also getting a large monetary payment too. We aren't just donating it but being paid actual money as well. So wondered what people have paid on this in income taxes.
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Re: Conservation easement revenue question
[Re: SB9969]
#9025475
03/27/24 05:29 PM
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Joined: Jan 2013
Posts: 19,876
Pitchfork Predator
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Who’s paying you? The benefits of the easement is tax free withdrawal from investments or income.
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Re: Conservation easement revenue question
[Re: SB9969]
#9025483
03/27/24 05:53 PM
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Joined: Sep 2020
Posts: 125
SB9969
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It's a government funded program. Our land is right by Fort Hood and most of the land around it is under the program except us. It's a one time payment based on the appraisal with a percentage going to us.
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Re: Conservation easement revenue question
[Re: SB9969]
#9025508
03/27/24 06:36 PM
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Joined: Aug 2005
Posts: 33,597
txtrophy85
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The conservation easements Im familiar with are usually thru the Nature Conservancy or a government entity like SAWS.
They usually pay around .40 cents on the dollar ( in fiat currency) of the land value for the easement. Due to the encumbrance, the property is usually appraised about 40% less, and it’s bound by the terms of the easement.
I’m not a CPA, but would assume the proceeds would be taxed as income.
For it is not the quarry that we truly seek, but the adventure.
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Re: Conservation easement revenue question
[Re: SB9969]
#9025517
03/27/24 06:57 PM
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Joined: Sep 2020
Posts: 125
SB9969
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Thanks. This one is through NRCS. The payment is a bit more than what you mentioned. Will speak to a CPA just wasn't sure they would take at a regular capital gains type rate or your income bracket since it's a conservation type thing. Wouldn't make it quiet as worth your while at a high rate
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Re: Conservation easement revenue question
[Re: SB9969]
#9025518
03/27/24 06:59 PM
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Joined: Jul 2010
Posts: 7,034
HuntnFly67
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I do appraisals on behalf of the CLF. Your cash payment represents the value of the portion of rights you are giving up; the value of the interest acquired through the easement; things like future development, no additional structures, etc. That value is typically not taxable based on my understanding. I think you get a 1099 so its reportable, but not taxable income.
Thanks for doing your part to enhance mission security and safety of our military bases. It is a serious concern seeing watching owns what right next to some of our sensitive military interests.
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Re: Conservation easement revenue question
[Re: SB9969]
#9025533
03/27/24 07:37 PM
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Joined: Aug 2005
Posts: 33,597
txtrophy85
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I believe conservation easements will become more popular in the future as long as the funding holds out.
They will become a cornerstone for land conservation in the face of development.
If I had large rural holdings, I would strongly consider putting them in conservation easements to protect against future development while still being able to get some cash out
For it is not the quarry that we truly seek, but the adventure.
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Re: Conservation easement revenue question
[Re: HuntnFly67]
#9025557
03/27/24 08:22 PM
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Joined: Sep 2020
Posts: 125
SB9969
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Woodsman
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I do appraisals on behalf of the CLF. Your cash payment represents the value of the portion of rights you are giving up; the value of the interest acquired through the easement; things like future development, no additional structures, etc. That value is typically not taxable based on my understanding. I think you get a 1099 so its reportable, but not taxable income.
Thanks for doing your part to enhance mission security and safety of our military bases. It is a serious concern seeing watching owns what right next to some of our sensitive military interests.
Thank you for the info. Would be nice if it ended up with no tax. That's positive info to have and hear. It's nice to know the land will stay as it is nice down the line.
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Re: Conservation easement revenue question
[Re: SB9969]
#9031410
04/09/24 01:25 PM
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Joined: Apr 2019
Posts: 166
BigHutch
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Government payments from other programs like WRP and CRP are a taxable to landowners. There is no “basis” for you to deduct against. Both of those are conservation easements. Get a CPA that understands the program you are enrolled in even if it is not your normal CPA.
Just my 2 cents. Big Hutch
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