The Internal Revenue Service today announces updates to its Conservation Easement site, expanding information on abusive conservation easement transactions, recent court decisions, and warning signs for investors.
“Congress created the conservation easement deduction to encourage genuine preservation, not to subsidize abusive tax shelters,” said IRS Chief Executive Officer Frank J. Bisignano. “The updated information on IRS.gov explains why the IRS continues to challenge these transactions and highlights the serious risks taxpayers face when they are sold inflated tax benefits disguised as conservation.”
The IRS reminds taxpayers that, while properly structured conservation easements can provide important public benefits, promoter-driven transactions are often built on inflated valuations that can lead to disallowed deductions, substantial penalties and other consequences. The updated Conservation Easement site addresses these issues in detail.
The IRS also announces that it will soon release the terms of a time-limited settlement opportunity for eligible taxpayers involved in these transactions. Following that announcement, the IRS will extend settlement offers to eligible partnerships to provide an opportunity to resolve the federal tax consequences of these transactions with certainty.
“The courts have repeatedly rejected abusive conservation easement arrangements, often sustaining major reductions in claimed deductions and significant penalties,” said Acting IRS Chief Counsel Kenneth J. Kies. “Taxpayers and their advisors should carefully review the updated information and the settlement terms when they are announced.”