Abstract

http://ssrn.com/abstract=2115640
 


 



A Better Way to Encourage Gifts of Conservation Easements


Daniel I. Halperin


Harvard Law School

July 16, 2012

The Shelf Project, Vol. 136, No. p. 307, July 2012

Abstract:     
The author’s proposal would repeal the deduction for the appraised value of a conservation easement that is allowed by current law. Congress should consider replacing the subsidy with a program of direct grants or limited-budget tax credits administered by an expert agency. If the deduction is continued, eligible donees should be only large institutions with a large portfolio of easements and resources and motives to enforce the easement, there should be an excise tax on nonenforcement of the easement, and there should be another government agency other than the IRS involved in enforcement. The special higher allowances for the deduction of appreciated property allowed by current law should be repealed.

The proposal is offered as a part of the Shelf Project, a collaboration of tax professionals to develop proposals to raise revenue without a VAT or a rate increase. Shelf Project proposals raise revenue while making the tax system more efficient and reducing deadweight loss. Shelf projects follow the format of a congressional tax writing committee report in explaining current law, what is wrong with it, and how to fix it.

Number of Pages in PDF File: 8

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Date posted: July 23, 2012  

Suggested Citation

Halperin, Daniel I., A Better Way to Encourage Gifts of Conservation Easements (July 16, 2012). The Shelf Project, Vol. 136, No. p. 307, July 2012. Available at SSRN: http://ssrn.com/abstract=2115640

Contact Information

Daniel I. Halperin (Contact Author)
Harvard Law School ( email )
1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States
(617) 495-3100 (Phone)
(617) 495-1110 (Fax)
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