Last week, Representative Mike Kelly (R) of Pennsylvania and Representative Mike Thompson (D) of California introduced the Charitable Conservation Easement Program Integrity Act of 2017 as H.R. 4459. The Act is simple; comprising only two pages, it addresses a
Law on Purpose
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Tax Court Declines to Follow First Circuit Ruling on Mortgage Subordinations & Conservation Easements
This month, the Tax Court revived a method to defeat conservation deductions with its October 10 opinion published as Palmolive Building Investors LLC et al. v. Commissioner, No. 23444-14; 149 T.C. No. 18 (Oct. 10, 2017), holding that if…
Urban Agricultural Incentive Zones Act Extended
On September 27, 2017, California Governor Jerry Brown signed an extension of the Urban Agricultural Incentive Zones Act. Rather than sunsetting on January 1, 2019, the Act now extends until January 1, 2029.
The Act, originally authored by Assemblymember Phil…
Craft3 Invests in People and the Environment
Craft3 provides financing to innovative technology company, Enertechnix Process Sensors, Inc. (“EPSI”) to help the company survive and rebuild its sales function so that it can continue its work in preventing harmful industrial impacts on the environment. Click here to…
New Cases Send Mixed Messages to Conservation Easement Donors
The Fifth Circuit encourages flexibility for conservation easement deductions in Bosque Mountain Ranch, while the Tax Court makes it difficult for farmers in Rutkoske.
Two important conservation easement opinions were handed down last week.
Bosque Canyon Ranch [1] is noteworthy for…
The BOE Death Trap: Avoid Property Tax Penalties on the Death of a Family Member
In many cases California’s property tax rules automatically penalize insufficiently counseled individuals who inherit interests in real estate-owning legal entities from a family member upon their death. To avoid this penalty, recipients of these interests need to ensure that Form…
Unsurprising Façade Easement Holding by Tax Court: Conservation Easement Must Be Recorded to Qualify for Deduction
Those familiar with conservation easements know that to qualify for a federal tax deduction, a conservation easement must meet several rigorous requirements found in Internal Revenue Code Section 170 and Section 1.170A-14 of the Treasury Regulations, not the least of…
Does Existing Tax Law Satisfy the Current and Future Needs of Social Enterprise?
While those working in social enterprise are still grappling with how to define it, Professor of Law Lloyd Hitoshi Mayer of Notre Dame Law School takes a look at social enterprise through the lens of domestic tax law, and explores…
Donating Fund Interests: A “Why Now?” and “How To” Primer
Due to increased valuation of public and private equities, coupled with the upcoming end of the sunset provision that allows hedge fund managers to defer taxation on fees earned offshore,[1] there is an increased interest among hedge fund and private equity…
Annual Filing for Welfare Exemption Due On or Before February 15th
The February 15, 2017 deadline for nonprofit organizations in California seeking to initially obtain or renew exemption from property taxes is quickly approaching, and there are changes to the reporting requirements if your organization allows third parties to use your…