A husband, but not his wife, is eligible to claim the land preservation tax credit because he is considered the taxpayer who made the donation, the Virginia Tax Commissioner advised (PD 13-24).
Individuals may take an income tax credit for conveying land located in Virginia for such purposes as agricultural and forest use; open space, natural resource, or biodiversity conservation; or land, agricultural, watershed, or historic preservation. The credit is available to the landowner who makes the donation.
In this case, both the husband and wife claimed the credit on their joint tax return. The Department of Taxation disallowed the wife's portion of the credit because the husband was the sole grantor of the easement.
Text of the ruling is at http://www.policylibrary.tax.virginia.gov/OTP/Policy.nsf/ccd0d2ea93db9ba485256968006a39ed/109129d4272fa0c285257b28005685e8?OpenDocument.
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