Public Policy

5/8/2008 Farm Bill Includes Easement Incentive, Billions for Conservation

Good news – we have confirmed that a 2-year extension of the expanded conservation easement tax incentive is included in a just-agreed to final version of the Farm Bill (H.R. 2419). The bill also includes a $562 million increase for the Farm and Ranchland Protection Program, $300 million in new funding for the Grasslands Reserve Program and some helpful reforms. This isn’t a victory yet. There’s still a ways to go, and we will be asking your help. More…

See other recent updates on the tax incentive

Other Recent News

2/13/08 Support the Conservation Programs in the Farm Bill

Your support over the next two weeks will be critical to securing a permanent extension of the tax incentive for conservation easement donations! That incentive expired December 31st, but the Senate Farm Bill includes a permanent extension of the incentive. Call your Representatives and tell them how important these provisions are to conservation in your community and to include the conservation easement incentive and provide at least $5 billion in increased funding for conservation programs in the final Farm Bill. Find out more and how you can help.

See background, frequently asked questions, and resources on the tax incentive

1/22/08 New Filing Requirement for Small Land Trusts!

Beginning in 2008, small tax-exempt organizations will have a new filing requirement. It’s short, easy and electronic – it’s the new e-Postcard (also called the Form 990-N).

If you are a tax-exempt organization that normally has annual gross receipts of $25,000 or less and thus does not have to file Form 990 or 990-EZ, you now must file the e-Postcard. The e-Postcard is due by the 15th day of the fifth month after the close of your tax year. So if your organization operates on a calendar year, the e-Postcard is due by May 15 of the following year.Nonprofits that do not file risk losing their tax-exempt status.

If you think this new filing requirement may apply to your organization, go to http://www.irs.gov/charities/index.html for complete details.

For questions or more information, please contact policy@lta.org

IRS Update

New! IRS Releases Suggested Governance Guidelines for 501(c)(3) Organizations (posted 4/14/08)
In February, the Internal Revenue Service published a list of recommended governance policies and practices for tax-exempt organizations. These new guidelines are consistent with Land Trust Standards and Practices and reflect many of the themes stressed by the IRS over the past year and incorporated into the revised Form 990, including transparency, financial oversight and accountability. More

New Form 990 for Tax Year 2008 (posted 1/15/08)
On December 20, 2007, the IRS unveiled its updated Form 990 with the first major changes made since 1979. The new form will be used for the 2008 tax year starting in April 2009. The IRS modified and clarified the recently added questions regarding conservation easements. The Alliance worked closely with the IRS on the new form, and we believe the new form will be far easier to understand and use than the current form, which many land trust practitioners found confusing and difficult to complete. You will still have to use the current form for this year's filing. More  

Colorado Easements in the News (posted 12/14/07)
Colorado's newspapers continue to cover investigations by the state and by the IRS of conservation easement donations in Colorado. The Alliance has been working closely with the Colorado Coalition of Land Trusts to help shape how the media handles this story. On Monday the Denver Post ran an excellent editorial, with a message we support: that the state is right to crack down on abusers, while supporting Colorado’s conservation easement program as one that has very successfully protected important conservation lands. Read the editorial

IRS sends letter to Senator Salazar (posted 9/10/07)
The Land Trust Alliance and representatives of the Colorado's conservation community met with IRS officials in late July to discuss the conservation easement audits in Colorado. See the IRS's letter to Senator Salazar about the meeting. (pdf 688 KB)

IRS Releases Guidance on New Conservation Tax Incentive (posted 6/05/07)
In early 2007, the Land Trust Alliance submitted questions to the IRS and requested guidance on several questions regarding interpretation of the new law. See the Notice and the Alliance's shortened version here.

Alliance Seeks IRS Guidance on New Conservation Tax Incentive (posted 1/9/07)
In early January 2007, the Land Trust Alliance submitted a letter to the IRS Commissioner for Tax Exempt and Government Entities to ask for further guidance on outstanding questions regarding the expanded tax incentive for donations of conservation easements. Some of these questions include defining who can be a qualified farmer or rancher, and the applicability of the new law to gifts other than conservation easements. See the letter here.

New Information on Conservation Easement Law Cases (posted 12/1/06)
Information on three recent conservation easement cases including court documents is available here. This page will be updated as we get further law case information.

For more information, you can also read a speech on easements by the IRS Commissioner for Tax Exempt and Government Entities, or learn about changes to the tax forms land trusts use: the 8283 and the 990.(updated 6/9/2006)

Federal Policy PowerPoint from Rally 2007

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• December 10 Farm Bill Votes Need Your Help
• November 15 Farm Bill Funding, Tax Incentive Need Your Help Now
• November 1 Senate Agriculture Committee Votes on Farm Bill
• October 16 Farm Bill Funding At Risk - Please Call

Lobbying 101
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The Federal Law on Donations Of Conservation Easements (and other partial interests)