[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1329 Introduced in Senate (IS)]
1st Session
S. 1329
To amend the Internal Revenue Code of 1986 to provide a tax incentive
for land sales for conservation purposes.
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IN THE SENATE OF THE UNITED STATES
August 2, 2001
Mr. Jeffords (for himself, Mr. Bingaman, Mr. Hatch, Mr. Grassley, Mr.
Daschle, Mr. Durbin, Mr. Chafee, and Mr. Bond) introduced the following
bill; which was read twice and referred to the Committee on Finance
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A BILL
To amend the Internal Revenue Code of 1986 to provide a tax incentive
for land sales for conservation purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conservation Tax Incentives Act of
2001''.
SEC. 2. EXCLUSION OF 50 PERCENT OF GAIN ON SALES OF LAND OR INTERESTS
IN LAND OR WATER TO ELIGIBLE ENTITIES FOR CONSERVATION
PURPOSES.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 121 the
following new section:
``SEC. 121A. 50-PERCENT EXCLUSION OF GAIN ON SALES OF LAND OR INTERESTS
IN LAND OR WATER TO ELIGIBLE ENTITIES FOR CONSERVATION
PURPOSES.
``(a) Exclusion.--Gross income shall not include 50 percent of any
gain from the sale of land or an interest in land or water (determined
without regard to any improvements) to an eligible entity if--
``(1) such land or interest in land or water was owned by
the taxpayer or a member of the taxpayer's family (as defined
in section 2032A(e)(2)) at all times during the 3-year period
ending on the date of the sale, and
``(2) such land or interest in land or water is being
acquired by an eligible entity which provides the taxpayer, at
the time of acquisition, a written letter of intent which shall
include the following statement: `The purchaser's intent is
that this acquisition will serve 1 or more of the conservation
purposes specified in clause (i), (ii), or (iii) of section
170(h)(4)(A).
``(b) Eligible Entity.--For purposes of this section, the term
`eligible entity' means an entity described in section 170(h)(3) or an
agency or department thereof and which is organized and at all times
operated principally for 1 or more of the conservation purposes
specified in clause (i), (ii), or (iii) of section 170(h)(4)(A).
``(c) Stock in Holding Corporations.--For purposes of this section,
the term `land or an interest in land or water' shall include a
controlling stock interest in any corporation if the fair market value
of the corporation's land or interests in land or water equals or
exceeds 90 percent of the fair market value of all of such
corporation's assets at all times during the 3-year period ending on
the date of the sale. For purposes of the preceding sentence, the term
`control' means ownership of stock in a corporation which meets the
requirements of section 1504(a)(2) (determined by substituting `50
percent' for `80 percent' each place it appears).''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 121 the following new item:
``Sec. 121A. 50-percent exclusion of gain
on sales of land or interests
in land or water to eligible
entities for conservation
purposes.''.
(c) Effective Date.--The amendments made by this section shall
apply to sales occurring on or after the date of enactment of this Act.
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