Qualified Conservation Contribution

ID:
UILC:
CCA_2021090213553948
170.14-00
Number: 202141022
Release Date: 10/15/2021
From: ---
Sent: Thursday, September 2, 2021 1:55:39 PM
To: ---
Cc: ---
Bcc:
Subject: re: pre-existing use quote from reg.
1.170A-14(a) sets out that “A qualified conservation contribution is the contribution of a qualified real property interest to a qualified organization exclusively for conservation purposes. To be eligible for a deduction under this section, the conservation purpose must be protected in perpetuity.” 1.170-14(e) is under the heading of “Exclusively for conservation purposes.” 1.170-14(g)(5)(ii), which requires notification, is under the heading of “Enforceable in perpetuity.”
• This subsection states that “[T]he donor must agree to notify the donee, in writing, before exercising any reserved right […] which may have an adverse impact on the conservation interests associated with the qualified real property interest.” The language you quoted under (e)(3) might allow a preexisting use not to disqualify the deduction under “solely for conservation purposes” grounds, but my reading is that a lack of notification for exercising/continuing a preexisting use may be grounds for disallowance under “protected in perpetuity” grounds under (g)(5)(ii).
Thoughts?