Understanding IRS Notice 2023-30: Safe Harbor Deed Language for Conservation Easements

If you have a conservation easement on your property or are in the process of putting a conservation easement on your property make sure your attorney includes Safe Harbor Language to protect the easement against future changes that could impact your easement. The Internal Revenue Service (IRS) has released Notice 2023-30 which outlines the safe harbor deed language for extinguishment and boundary line adjustment clauses. This language is required by Section 605(d)(1) of the SECURE 2.0 Act of 2022 and the notice explains how donors can amend an original eligible easement deed to incorporate the safe harbor language. Charitable contributions of qualified...