PRACTICE
A. Independent Legal and Tax Advice
The land trust advises (in writing) potential land or conservation agreement donors to get independent legal, financial and tax advice before completing any transactions. The land trust notifies potential donors that there may be negative tax consequences to their donation including capital gains or pension claw backs that should be investigated by the donor's lawyer and accountant.
Background
Even in instances where land trust staff or volunteers have relevant legal or tax knowledge, land trust representatives should advise landowners to obtain independent tax and legal advice to avoid misrepresentation and conflict of interest. Land trust staff should discuss the possible implications of a landowner's donation that may help the landowner in those discussions with tax and legal professionals. Land trusts should be careful to notify landowners about potential tax consequences, without offering specific tax or legal advice. Given the specialization of expertise required, and if requested by the landowner, land trusts may provide a list of tax and legal professionals who have expertise that can assist the landowner. However, land trusts should avoid recommending individual professionals.
Assessment Questions
CLTA Assessment Questions
- Does the land trust notify potential donors in writing to get independent legal, financial and tax advice?


Standard 10: Tax Consequences