Certain Conservation Easement Transactions Are Listed Transactions
The IRS issued final regulations (T.D. 10007), effective October 8, 2024 that identify certain syndicated conservation easement transactions and substantially similar transactions as listed transactions, a type of reportable transaction. In these transactions, investors typically acquire an interest in a partnership that owns land and then claim an inflated charitable contribution deduction based on a grossly overvalued appraisal. Material advisors and certain participants in these listed transactions are required to file disclosures with the IRS and are subject to penalties for failure to disclose. The regulations affect participants in these transactions as well as material advisors. Disclosures are made using Form 8886, Reportable Transaction Disclosure Statement, and Form 8918, Material Advisor Disclosure Statement.