Conservation easements (sometimes called preservation easements) are voluntary legal agreements that can be used to protect significant historic, archaeological, or cultural resources. If certain criteria are met, an owner who donates an easement may be eligible for tax benefits.
For more information on easements, visit the following links:
- The South Carolina Conservation Easement Act of 1991 (Sections 27-8-10 through 27-8-80, South Carolina Code of Laws)
- The South Carolina Department of Revenue publication Local, State and Federal Tax Incentives for Conservation Easements (PDF)
- The National Park Service: Easements to Protect Historic Properties: A Useful Historic Preservation Tool with Potential Tax Benefits (PDF)
- Preservation Hotline #5: Protecting Historic Properties with Conservation Easements (PDF)
- National Trust for Historic Preservation: Preservation Easements
This website does not provide legal, tax or accounting advice; the information provided is intended to be general in nature; and visitors to the website are strongly encouraged to consult their own professional tax, accounting and legal advisors on individual tax matters, or consult the SC Department of Revenue or the Internal Revenue Service (IRS). The SHPO is not responsible for the information or advice provided here as it may affect the specific tax consequences to any individual (including sole proprietor), corporate, partnership, estate or trust taxpayer, which will depend on many other facts and circumstances. The information is for the general benefit of persons interested in obtaining certifications from the SHPO that may allow them to qualify for federal and/or state historic income tax credits. Given the frequency of changes in federal and state tax laws, regulations and guidance, the information represents a good faith effort to reference controlling laws and regulations as accurately as possible.