Conservation easement investments, often promoted as both a means of land preservation and a way to secure tax benefits, have proven risky for many investors. Due to increased IRS scrutiny, particularly regarding syndicated conservation easements, numerous investors are facing audits, disallowed tax deductions, and substantial financial penalties.
KlaymanToskes is investigating broker and financial advisors who may have marketed conservation easement investments as low-risk, high-reward tax-saving opportunities without fully disclosing the risks to investors. If your financial advisor recommended unsuitable investments in conservation easements based on your investment profile, or disregarded your risk-tolerance when making investment recommendations, you may be entitled to a financial recovery through FINRA arbitration.
If you suffered losses in conservation easements, or any other investments due to unsuitable recommendations by your brokerage firm or financial advisor, contact securities attorney Steven D. Toskes to discuss your potential recovery options at (888) 997-9956 or at investigations@klaymantoskes.com for a free and confidential consultation. We do not collect attorney’s fees unless we are able to obtain a financial recovery for you.
A conservation easement is a legally binding agreement that restricts future development on land to preserve its ecological, scenic, or historical value. This allows landowners to protect natural resources while retaining certain property rights. Common conservation purposes include preserving open spaces, natural habitats, historic landmarks, and more. These easements are typically established in partnership with land trusts or conservation organizations, enabling landowners to maintain the land in its protected state while still benefiting from approved uses, like agriculture or recreation.
Benefits of conservation easements for investors and landowners may include:
Syndicated conservation easements have attracted regulatory attention due to potential misuse as tax shelters. Unlike traditional easements aimed at conservation, syndicated easements often involve investor groups who buy property shares primarily to claim tax deductions. In these arrangements, a promoter forms a partnership or other entity to acquire the land, and investors purchase interests in the entity. After placing a conservation easement on the land, an appraisal assigns a value to the easement — sometimes significantly higher than the land’s purchase price. Investors then claim tax deductions proportional to their share of this appraised value, which can far exceed their initial investment.
IRS Scrutiny of Syndicated Conservation Easements:
The IRS and Senate Finance Committee have flagged syndicated conservation easements for inflated appraisals and excessive deductions. Common issues include:
Due to these concerns, Congress enacted the Consolidated Appropriations Act of 2023, limiting tax deductions for syndicated conservation easements to 2.5 times the initial investment.
Some financial advisors and brokers have marketed syndicated conservation easements as low-risk, high-reward tax-saving opportunities without fully disclosing the risks. As a result, some investors are facing significant financial and legal repercussions, including:
In addition to disallowed deductions, investors may be responsible for:
Investors who sustained losses due to unsuitable or fraudulent conservation easements have options for potential recovery, including FINRA Arbitration. FINRA (the Financial Industry Regulatory Authority) is a self-regulatory organization that oversees brokers and brokerages. In the event of a dispute between an investor and their financial advisor, investors can choose to file a FINRA arbitration claim. FINRA is overseen by the Securities and Exchange Commission (“SEC”).
The arbitration process is designed to be much faster than the court system and allows both parties to present their case before a panel of arbitrators. The arbitrators will then decide how to resolve the dispute, including ordering the advisor to pay damages for any losses suffered by the investor.
KlaymanToskes stands as a preeminent national securities law firm, dedicated to representing retail and institutional investors worldwide in securities arbitration and litigation, focusing on recovering investment losses caused by the malpractice or malfeasance of trusted financial advisors and financial institutions.If you suffered investment losses due to being recommended to invest in a conservation easement investment by your brokerage firm/financial advisor, contact KlaymanToskes at (888) 997-9956 or visit our website to fill out a short contact form for a free and confidential consultation.