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Philanthropy
A Charitable Address
Lani Luciano
04/01/2004


No matter how unique and valuable a property, only groups with significant endowments, such as the Nature Conservancy, the Trust for Public Lands, the American Farmland Trust, the Conservation Fund and the Land Trust Alliance, can afford to manage and maintain real estate even for a few years, much less forever. Nash adds that even well-funded conservation groups might simply disagree with a donor on a property’s conservation-
worthiness. Without a shared vision, an offer of land for preservation might not find a taker.

If all parties can agree that the property has environmental, historic or other conservation value, it is possible to make a charitable real estate donation without giving up ownership at all. Putting a restrictive easement on the deed to stipulate that the property cannot be altered permanently reduces its market value, and the resulting loss can be taken as a tax deduction. Donna Ciuffo, tax partner with Clarfeld Financial Advisors in Tarrytown, N.Y., notes that conservation easements are mainly used for financial purposes. “It’s a terrific way to soften the tax bite in a peak earning year,” she says, adding that the move still has major philanthropic value. “The property can be sold or passed along, but it can never be exploited or degraded.”

Doing Good and Well
Betsy and Alan Carpenter, both 73, are longtime members of the Nature Conservancy and were looking for a way to support its work. “We are strong believers in responsible stewardship of the Earth,” says Betsy. “We gave our kids and grandkids lifetime memberships in the Conservancy because we want to pass along that specific value. Unfortunately, some of them ride dirt bikes, which just tears up the land. But we’re still hoping.”

In 2001, they found their opportunity to support the Conservancy, not by giving land, but by giving through a charitable remainder trust (CRT). In this approach, ownership is not transferred to the charity but to an irrevocable trust, which then sells the property to finance a tax-advantaged income stream payable to anyone the trustee designates.

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