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Loophole

Conservation Easement (§170(h))

Donate development rights, deduct fair-market value.

Overview

Donate a permanent easement restricting development on land you own to a qualified land trust; deduct the FMV of forgone development rights. Post-2022 reform caps partnership syndications at 2.5× basis, but direct owner easements retain full FMV deductions. Requires qualified appraisal, Form 8283, and IRS-compliant land trust. Aggressive area — use conservative appraisers.

Best fit
LandownersHigh-income taxpayersRanch/farm owners
Estimated impact
FMV deduction often 2–4× land basis

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