Expected Project
Costs
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A conservation easement involves a series of complex steps
in conjunction with professionals from several fields before
reaching its final stage as a donated gift. There are legal,
real estate and financial issues that must all be juggled
in a way that is appropriate for each particular project.
In most cases, the landowner covers the costs associated with
these steps; most often, when the landowner is claiming tax
deductions on the donation, theses costs are also deductible.
A comforting statistic is that tax
benefits obtained through the donation are considerably
more than the project costs. In cases where the landowner
is unable to bear the load of the transaction, or is not comfortable
with the financial burden, TRLC may try to locate alternative
methods for funding the project.
Before investing a substantial amount of your time and our
staff time, TRLC will review the expected costs and discuss
with you how they will be funded.
Legal and other professional fees –
Though TRLC will be the one to draft all the necessary documents,
we encourage you to employ your own legal counsel in order
to avoid any discrepancies. If your primary motives are that
of income tax and estate planning, you should also consider
seeking the advice of a financial advisor.
Appraisal – In order to claim any
type of income tax deduction for the donation of a charitable
gift, you will first need to have your land valued by a qualified
appraiser. TRLC is not responsible for the cost of the
appraiser unless it becomes the appraiser’s client,
which would put the potential for a tax deduction at risk.
Baseline Document – In order to obtain
a federal
income tax deduction or N.C. income
tax credit for a conservation easement, the landowner
must obtain a document that outlines the physical characteristics
of the property at the time of the donation. The document
also enables TRLC to maintain a record of what structures
and natural features existed on the property when the easement
was recorded, thereby enabling TLRC to track any changes,
either permitted or prohibited, that take place on the property
in the future.
Survey – Depending on the quality
of existing maps, plats, legal descriptions, the conditions
of the boundaries around the property, and the terms of the
easement, some survey work may need to take place.
TRLC Expenses – TRLC will commit substantial
amounts of staff time and resources to each project. The amounts
required vary due to the size and character of your land and
the complexity of your easement. Tasks involved include creation
of the baseline document, easement drafting, and overall project
facilitation.
Stewardship Endowment
Contribution – Given the perpetual nature of
easements and associated covenants ensuring the future stewardship
of the agreement is critical. In order to fund the annual
stewardship reviews, a one-time contribution to the TRLC stewardship
endowment fund is kindly requested. The amount is different
for each project and will be based on the specific terms of
your conservation easement. These contributions are considered
to be charitable gifts for federal
income tax purposes and therefore are deductible.
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