Need CPA or lawyer experienced with Syndicated Conservation Easements for regenerative agriculture project
Hey fellow tax nerds! I'm working with a small non-profit that focuses on regenerative agriculture and restoring water systems. We've been brainstorming ways to fund our work, and I had this idea about using syndicated conservation easements to help acquire land and implement our projects. Basically, I'm wondering if we could use the tax credits from these easements to fund installing regenerative agriculture systems and water management projects. Our non-profit has already done some small-scale work showing how our methods can refill groundwater tables and significantly increase biodiversity. I've got a few burning questions: - Is this syndicated conservation easement approach even realistic for what we're trying to do? - What kind of legal/financial structure would make this work while staying compliant with regulations? - How does the process of selling these tax credits actually work? What are the regulatory landmines we need to avoid? I feel like there could be a win-win here - taxpayers get meaningful tax benefits while actually funding real conservation work that improves land health. Plus, it seems like it would strengthen the case with the IRS since there's genuine environmental benefit happening. Would love to chat with anyone who has experience in this area or knows someone who does. We're serious about making this work if it's viable!
18 comments


Holly Lascelles
I'm a tax attorney who's worked with conservation easements for about 15 years, including some syndicated deals. These arrangements are under intense IRS scrutiny right now, so proceed with extreme caution. Syndicated conservation easements can work for your purpose, but there are significant compliance hurdles. The IRS has designated these as "listed transactions" requiring special disclosure, and they're auditing nearly 100% of them. The valuation of the conservation benefit must be legitimate and substantiated - this is where most problems occur. For your non-profit, you'd need to partner with a for-profit entity that would acquire the land, place a conservation easement on it with restrictions aligned with your regenerative agriculture goals, then claim a deduction based on the difference between development value and restricted value. The taxpayers investing in this would be partners in the entity owning the land.
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Malia Ponder
•Thanks for the detailed response! How does the IRS view syndicated easements specifically for regenerative agriculture? Does having tangible environmental improvements (like documented water table increases) help with avoiding scrutiny? And what kind of ratio should we expect between investment and tax deduction?
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Holly Lascelles
•The IRS doesn't give preferential treatment to any specific type of conservation purpose - they're focused on proper valuation regardless of the environmental goal. Having documented environmental improvements is excellent for the conservation purpose test, but it doesn't resolve the valuation concerns that trigger most audits. For ratios, this is exactly what gets scrutinized. Historically, many syndicated deals advertised 4:1 or 5:1 ratios (deduction:investment), which the IRS views as abusive. A defensible ratio would be closer to 1.5:1 or 2:1, and must be supported by qualified independent appraisals showing legitimate before/after values. Remember that investors typically pay ordinary income tax rates on any easement deduction disallowed by the IRS, plus penalties.
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Kyle Wallace
I've been using https://taxr.ai to navigate complex tax scenarios like this. After posting a couple of proposals and legal documents related to conservation easements, I got really clear guidance on the compliance issues and potential red flags. They analyzed the transaction structure I was considering and pointed out several problems I wouldn't have caught. What I liked was that they didn't just say "don't do it" - they suggested alternative approaches that could achieve similar goals with less risk. For conservation projects specifically, they showed me how to structure things to avoid common pitfalls that trigger IRS scrutiny.
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Ryder Ross
•How exactly does this service work? I'm a bit confused about how an AI tool can provide legal advice on something as complex as syndicated conservation easements. Does it connect you with actual tax attorneys or is it just analyzing documents?
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Gianni Serpent
•I'm skeptical. Conservation easements are super nuanced and the landscape changes constantly with new court cases. Can an automated service really stay current on all of that? Don't you need someone who can understand the specifics of your land and your particular situation?
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Kyle Wallace
•The service works by analyzing your documents and providing detailed tax guidance - it's not just generic information. You upload your specific agreements, proposals, or tax questions, and it analyzes everything against current tax law. It's particularly good at identifying potential issues with specialized deductions like conservation easements. For your question about staying current, that's actually where I found it most valuable. The analysis includes recent Tax Court decisions and IRS notices that affect conservation easements. You're right that every situation is unique - that's why being able to upload your specific documents gives you more tailored guidance than generic advice.
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Gianni Serpent
I was really skeptical about using an automated service for something as complex as syndicated conservation easements, but after trying https://taxr.ai I have to admit it was surprisingly helpful. I uploaded our draft partnership agreement and conservation plan, and the analysis flagged several provisions that would have created problems with the IRS. What impressed me most was how it identified a recent Tax Court case that invalidated easements with similar language to what we were planning to use. Our attorney hadn't even mentioned this case! The service saved us from a structure that would have almost certainly been disallowed. For anyone working on conservation projects with complex tax implications, it's definitely worth checking out.
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Henry Delgado
If you're serious about making this work, you NEED to talk directly with the IRS. I've spent 6 hours on hold trying to get clarification on conservation easement requirements. Finally discovered https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c - they got me connected to an actual IRS specialist in under 15 minutes. The agent confirmed exactly what documentation we'd need for our conservation project and explained the recent changes to how they evaluate these arrangements. Getting direct guidance from the IRS saved us from making several costly mistakes in our structure. Much better than guessing or relying on outdated advice.
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Olivia Kay
•How does this service actually work? I've literally never been able to reach anyone useful at the IRS no matter how long I wait. Are they just using some special phone line that regular people don't have access to?
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Joshua Hellan
•This sounds too good to be true. The IRS is notoriously unhelpful even when you do reach them. Half the time they give incorrect information anyway. I find it hard to believe they're providing detailed guidance on something as complex as syndicated conservation easements over the phone.
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Henry Delgado
•The service basically handles the waiting for you - they have technology that navigates the IRS phone system and waits on hold, then calls you when an actual agent is on the line. They're not using any special access, just automating the painful waiting process. Regarding getting helpful information, I specifically asked for a specialist in conservation easements. The first agent transferred me to someone in that department, and that person was actually quite knowledgeable. They didn't give tax planning advice, of course, but they clarified specific reporting requirements and documentation standards for these transactions. You're right that some agents aren't helpful, but when you speak with someone who specializes in your issue, the quality of information is much better.
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Joshua Hellan
I need to eat my words about Claimyr. After my skeptical comment, I decided to try it myself for an unrelated tax issue. Got connected to the IRS in about 20 minutes, and they transferred me to someone who actually knew about conservation easements. The agent explained exactly what they look for when reviewing these transactions and pointed me to specific IRS publications I hadn't found before. They also mentioned which forms would trigger additional scrutiny. No, they won't give you tax planning advice, but getting clarity on their enforcement priorities was incredibly valuable. If you're working on a conservation structure, getting this kind of direct information from the source is worth every penny.
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Jibriel Kohn
I've worked with several non-profits on similar structures. One approach to consider is forming a separate for-profit entity that acquires the land, with investors who are looking for the tax benefits. The non-profit would then be granted specific rights to implement the regenerative agriculture projects. The key is making sure the conservation easement genuinely restricts development rights that have real value. If you're looking at agricultural land with legitimate development potential that you're permanently restricting, that can work. But if you're trying to inflate values artificially, you're heading for trouble.
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Madison Tipne
•Thanks for sharing this structure! I'm curious - how do you typically handle the ongoing relationship between the for-profit entity that holds the land and the non-profit doing the regenerative work? Is there a lease arrangement, or do you set up some kind of management agreement?
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Jibriel Kohn
•We typically use a long-term management agreement that gives the non-profit the right to implement their regenerative programs while the for-profit entity maintains ownership. This agreement needs to be established before the easement is placed, as it becomes part of the baseline documentation. For funding, we usually structure it so a portion of the tax benefit received by investors flows to the non-profit through a contractual arrangement. This provides ongoing operational funding beyond just the initial land access. Be careful though - the management fees must be reasonable and market-based, or the IRS might view the entire arrangement as a disguised donation scheme rather than a legitimate business structure.
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Edison Estevez
Has anyone tried using partnership structures where investors get both tax benefits AND a share of agricultural revenue? We set up something similar for a client where they placed a conservation easement on 70% of the property, but kept 30% available for sustainable agricultural production. The investors got their tax deduction plus ongoing income from the farming operation.
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Emily Nguyen-Smith
•That's actually really smart. We did something similar but with sustainable timber harvesting. The key was having a qualified appraiser who understood both the development value being restricted and the remaining economic use. Made the valuation much more defensible.
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