Land conservation tax credit
improvements pass: The Senate Finance Committee’s substitute to
HB 1274 was accepted, first by the Senate by a vote of 50 to 1 and
then by the House in a unanimous vote on the 40th and
final day of the session. The measure now goes to the Governor, who
is expected to sign it. The bill makes the following changes to the
tax credit program:
-
The Board
of Natural Resources will promulgate rules to determine whether
or not a donated tract is suitable for conservation purposes.
Currently, eligibility is determined by referral to the language
in the GA Land Conservation Act, some of which is vague (e.g.,
lands that protect water quality).
- Members of a
partnership are eligible for a total tax credit of up to $1
million. Individuals are still limited to $250,000 and
corporations to $500,000.
- If a parcel of
land is subdivided but remains in one ownership, only one
qualified donation may be made in a given year.
- Fair market
value is determined by appraisal(s) “meeting the requirements of
Section 170 of Title 26 of the United States Code, to be
submitted in such manner as the commissioner [of the Department
of Revenue] may by regulation require.”
- Donations to
the federal government qualify for the tax credit.
- Substantial
value misstatements are defined and penalties assessed for
making them.
- The donated
portion of a bargain sale qualifies for the tax credit.
- The carry
forward for unused credits is extended from 5 to 10 years.
Improving the tax credit program was a
top legislative priority this year for The Nature Conservancy,
Georgia Conservation Voters, the Georgia Land Trust Service Center,
the Georgia Environmental Facilities Authority, the Georgia
Department of Natural Resources, the Office of the Governor and
others.
Expanding the
Georgia Land Conservation Program passes:
The bill to expand the program (HB 1176) passed the General Assembly
with only one dissenting vote. The bill makes the Georgia Forestry
Commission, the Georgia Soil and Water Conservation Commission and
other state agencies eligible for grants from the program. It also
allows non-profit organizations to borrow money for local land
conservation projects approved by local government. The Governor is
expected to sign this bill, too.
Budget for land
conservation slashed to $10 million:
Governor Perdue had requested an appropriation of $35 million for
land conservation in the FY2009 budget. The House reduced that
amount by $25 million and the Senate reduced it by $9.45 million.
The Conference Committee accepted the House version so the Georgia
Land Conservation Program received an appropriation of $10 million.
Of that, half will go to projects of statewide significance and half
will go to local projects.
Above info from:
Network News,
periodical produced by the Georgia Land Trust Service Center. To
subscribe or to contribute news items, contact Hans Neuhauser at the
Georgia Land Trust Service Center:
706-546-7507 or
hansneuhauser@bellsouth.net