Virginia Conservation Easement

State:
Multi-State
Control #:
US-EAS-11
Format:
Word; 
Rich Text
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Description

This is a sample form for use in transactions involving easements, a Conservation Easement. Easement to preserve undeveloped open space and property listed with the National Register of Historical Places.
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FAQ

Thus a change in domicile requires two concurrent actions--residence in a new locale and the intention to remain there indefinitely. The burden of proof that an individual has abandoned or failed to establish domicile in Virginia rests with the individual. For military personnel, see 23VAC10-110-130.

By voluntarily limiting some of these activities, a conservation easement allows a landowner to retain private ownership while also achieving other goals, like protecting a farming or ranching operation, preserving open space or conserving habitat for wildlife.

The Land Preservation Tax Credit (LPTC) program is enabled by the Virginia Land Conservation Incentives Act. Through this program, Virginia allows an income tax credit for 40% of the value of donated land or conservation easements. Taxpayers may use up to $20,000 per year.

A tax credit is a dollar amount that you can subtract from your income tax to reduce your overall tax liability. So, while a tax refund simply represents the difference between the taxes you paid versus the taxes you actually owe, a tax credit is a benefit that directly reduces your tax burden.

A conservation easement protects land primarily by limiting the number of times the property can be subdivided. However, depending on the size and nature of the property, and the conservation values being protected, landowners often can retain the right to exercise one or more subdivisions.

Claim the land preservation tax credits by completing Schedule CR and attaching it to your Virginia income tax return. If you were the one who originally gave the land or granted the easement, the "donor," you may carry forward any unused credits for up to 10 years, for most taxpayers.

A carryforward credit is the application of a tax credit to a future tax year. This provision exists so that businesses can take advantage of tax credits that were unused because of operating losses or IRS imposed limits on how much can be claimed in a single year.

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Virginia Conservation Easement