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Want to know how you can support conservation tax incentive legislation?

Land Trust Alliance Calls For Broader Tax Incentives for Land Conservation

Photo of Rand Wentworth TestifyingWashington, DC, April 30, 2002 - Land Trust Alliance President Rand Wentworth, testifying before the Subcommittee on Select Revenue Measures of the House Ways and Means Committee, strongly endorsed legislation to enhance the tax benefits of land conservation.

“The incentives already in place in our tax code have been major contributors to the work land trusts have done,” noted Mr. Wentworth.  “But with two million acres of land a year being developed, we need to accelerate the pace of conservation if we hope to keep pace, and succeed in protecting a heritage of land for our children.”

Land Trust Alliance specifically supported:

H.R. 1309, introduced by Rep. Nancy Johnson, which would increase the percentage of a donor’s adjusted gross income (AGI) that can be deducted in any one year, and increase the number of years in which the landowner can continue to take a deduction after their gift.  The limits are now 30 percent of AGI and six years.   

H.R. 2290, introduced by Rep. Rob Portman, which would exclude from federal tax half of a landowner’s gain on the sale of a conservation easement or land to a government conservation agency or to a private, nonprofit land trust.

H.R. 1711, introduced by Rep. Jennifer Dunn, which would allow the use of tax-exempt bonds for conservation deals, such as the recently announced option to purchase of 104,000 acres of timberland near Seattle.

H.R. 2279, introduced by Rep. Joel Hefley, which would allow farmers and ranchers to deduct up to 100 percent of their AGI for donating a conservation easement. 

“Currently, the deduction allowed for a contribution of appreciated property to charity is limited to no more than 30 percent of a taxpayer’s AGI and can be rolled forward for no more than six years,” Mr. Wentworth noted.  “A rancher earning $50,000 a year may own land with development rights worth $500,000, or $1 million, or more.  Yet, because of the rancher’s lower income, the current rules dictate that the most they could deduct is $90,000, no matter how valuable the gift.”

The Economic Research Service of the US Department of Agriculture reports that the average income of a farmer or rancher is about $34,000 a year.

Photo of Rep. Johnson and Rand Wentworth“We applaud Representative Nancy Johnson for recognizing this problem and introducing legislation to update the incentives for landowners to donate land or a conservation easement on land, to protect that land for the future,” Mr. Wentworth said.  “I have been asked by 50 Connecticut land trusts to give Mrs. Johnson letters of support for her legislation.   The changes she has proposed would enable them - and land trusts across the country - to help their communities protect open space and farmland that is more valuable with every passing day.  All of us thank her for her work on this, and we hope to see it come to fruition soon.

“The tax incentives in H.R. 1309, H.R. 2290, H.R.1711 and H.R. 2279 will produce tangible, visible, permanent results,” Mr. Wentworth emphasized.  “We will need these tools if we wish to protect the best of the American landscape for our children.”

View Mr. Wentworth's complete testimony.

posted 5/1/02