Historic Preservation & Land Conservation Tax Certainty

Current understanding

Federal tax treatment of historic preservation activities and land conservation (including conservation easement deductions under IRC §170(h) and historic rehabilitation credits) has been a recurring area of IRS scrutiny and legislative attention. HR9398, the Historic Preservation and Land Conservation Certainty Act, was introduced in the 119th Congress and referred to the House Committee on Ways and Means; substantive provisions and beneficiaries are not yet characterized here. Property owners donating easements or claiming rehabilitation credits would be the primary affected taxpayers.

Evidence log

• 2025-02-06 — Incentivizing Readiness and Environmental Protection Integration Sales Act of 2025: cross-connection with repi-real-property-gain-exclusion: Both create tax preferences for private land transfers that advance conservation or public-purpose land use — REPI targets DoD buffer/resilience lands while the historic preservation/land conservation page covers broader conservation easement tax certainty. (novelty: 3)
• 2026-04-27 — Rehabilitation of Historic Schools Act of 2026: cross-connection with rehabilitation-of-historic-schools-act-2026: Both address federal tax treatment of historic preservation; HR8501 would extend rehabilitation incentives specifically to historic school buildings. (novelty: 2)

Open questions

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