- Farm Transfers - Real World Examples

Similar documents
Conservation Easements: Creating a Conservation Legacy for Private Property

Farmland and Open Space Preservation Purchase of Development Rights Program Frequently Asked Questions

1. How does the enhanced easement incentive change the law for conservation donations?

AGRICULTURAL CONSERVATION EASEMENTS

Working Together to Conserve Land

Preserving Working Landscapes. LTA Rally October 2006 Nashville, Tennessee

About Conservation Easements

The Land Trust for Tennessee is a private, not for profit organization.

Land Preservation Programs Valuation Discussion

Preserving Forested Lands

Farmland Preservation Program Application

Open Space Preservation Program

Topics to be Covered

Introduction to Conservation Easements. Blair Calvert Fitzsimons Chief Executive Officer

CONSERVATION EASEMENTS FREQUENTLY ASKED QUESTIONS

Remains eligible for state or federal farm programs. Can use land as collateral for loans. Can reserve home lots for children

FARMLAND AMENITY PROTECTION. A Brief Guide To Conservation Easements

Kent/MSU Extension Attn: Stacy Byers 775 Ball Ave NE Grand Rapids, MI Tel: (616)

To conserve the unique character of Tennessee s natural and historic landscapes and sites for future generations.

Nova Scotia Community Lands Trust Discussion Paper. Approaches to Enable Community Participation In the Purchase of Land

New York Agricultural Land Trust

Taxes and Land Preservation Computing the Capital Gains Tax

CONSERVATION EASEMENTS FREQUENTLY ASKED QUESTIONS

Landowner Information Packet

What is Farmland Preservation?

Farmland & Open Space Preservation Through Purchase of Development Rights

Hosted by: Berkeley County and Jefferson Farmland Protection Boards and Land Trust of the Eastern Panhandle February 27, Bowles Rice LLP

TRENDS IN QUALIFIED CONSERVATION EASEMENTS. By: Melinda M. Beck, Esq.

Selling Conservation Easement Properties

Tools for Conservation: Land Trusts & Easements

12/31/2013. The Retained Life Estate An Underutilized Gift. The Retained Life Estate An Underutilized Gift. 1. Real estate gift trends

Getting on Solid Ground

Summary of Key Issues from Skagit County TDR Focus Group Meetings January 7, 2014

Basic Conservation Options

Chapter VIII. Conservation Easements: Valuing Property Subject to a Qualified Conservation Contribution

Communities on Course. Land Use

Part 9: Paying for It. by James L. Cummins

Ron Shultz, Director of Policy Washington State Conservation Commission

PRE-APPLICATION FREQUENTLY ASKED QUESTIONS (FAQ) GENERAL PURCHASE OF DEVELOPMENT RIGHTS (PDR) FAQs

Assets to Acres. Your Gift of Developed Real Estate Can Help Protect New Hampshire s Special Places

AGRICULTURAL CONSERVATION EASEMENT PROGRAM AGRICULTURAL LAND EASEMENTS

Private Land Conservation: Conservation Easements. Matt Singer Land Stewardship Manager

Guide to Planned Giving

Presented on behalf of The Morris Land Trust September 11, 2009 By Melissa Spear Connecticut Conservation Practitioners, LLC

NRCS Conservation Programs

What is Fair Market Value in the Timber Industry?

Basic Conservation Options

At some time every ranch family must decide either

Conservation Easement Issues and Updates: Latest & Greatest

Torch Lake Township Antrim County, Michigan

Midway City Council 15 January 2019 Work Meeting. Open Space Committee / Procedures

Planning with Conservation Easements

Your Land. Your Legacy.

PURCHASE OF DEVELOPMENT RIGHTS (PDR) APPLICATION

protect your place Guide to Understanding Conservation Easements

CONSERVATION EASEMENTS. Public Policy Considerations for PRIVATE Land Management Harriet M. Hageman Hageman & Brighton, P.C.

You have a special connection to your land.

PANEL ON FARMLAND PRESERVATION IN THE MIDWEST

Conservation Easement Stewardship

6.0 Land Tenure Options

Industry Focus: Agriculture ~ James L. Turner

Disappearing Idaho Farmland:

Current State of Affairs:

LOCAL REVENUE SOURCES. Local Revenue Sources. Sources of Local Revenue: County 02/15/ County Revenue by Source

ANN ARBOR GREENBELT DISTRICT STRATEGIC PLAN 2013

The Farmland Preservation Program in Sussex County

Twenty-Four Years of Farmland Preservation in Michigan, PA 116. Kurt J. Norgaard. Ph. D. Extension Land Use Specialist

Benchmark Benzie! March 21, 2016 Benzie County, Michigan Court Place, Beulah, Michigan Benzie County is an Equal Opportunity Employer.

Financing the Community Supported Farm

LEGISLATIVE PURPOSES. 2. Provide sources of agricultural products within the state for the citizens of the state

A GUIDE TO THE TAX BENEFITS of DONATING A CONSERVATION EASEMENT. By C. Timothy Lindstrom, Esq.

Wood River Land Trust Staff Report

EXPLANATION OF COLUMN HEADINGS

Conservation Easement Tax Incentives. Mark Megalos Extension Forestry (919)

STATE TAX COMMISSION QUALIFIED AGRICULTURAL PROPERTY EXEMPTION GUIDELINES

Frequently Asked Questions

AGRICULTURAL TERMINOLOGY

Mission: To preserve the unique character of Tennessee s natural and historic landscapes and sites for future generations.

What is a land trust? Their mission is to preserve land via conservation easements and/or acquisition.

CHAIRMAN WOLPERT AND MEMBERS OF THE HOUSE LOCAL AND MUNICIPAL GOVERNMENT AND URBAN REVITALIZATION COMMITTEE

MEMORANDUM. Michael D. Minton, Esq., Brad R. Gould, Esq. and Richard I. Withers, Esq.

FUNDING the STEWARDSHIP RESERVE and LEGAL DEFENSE FUNDS

Every day, acres of productive farm and ranch land

Greene Land Trust. Balancing Sound Development and Effective Conservation

DESCRIPTION OF A LAND TRUST

SOLUTIONS WE CREATE. for Landowners

STATUS OF STATE PACE PROGRAMS

ACT 425 AGREEMENTS: CAN THEY WORK FOR YOU? LAW, WEATHERS & RICHARDSON, P.C. 333 Bridge Street, NW, Suite 800 Grand Rapids, MI (616)

Goodwill Industries of Northern Michigan G.W. Homeless Services of Northern Michigan\ Gift Acceptance Policy Adopted 8/2009

Flexible Lease Arrangements

Professional Farm Management. Farmland Sales and Acquisitions. Trusted Appraisals

LANDOWNER GUIDE TO CONSERVATION EASEMENTS

WYOMING COUNTY PURCHASE OF DEVELOPMENT RIGHTS (PDR) PROGRAM. NYS Farmland Protection Implementation Grants (FPIG) PRE-APPLICATION

Status of Local PACE Programs

Central Pennsylvania Conservancy Project Selection Criteria Form

Frequently Asked Questions on Sustainable & Long-Term Leases in Minnesota

ABOUT THE NATIONAL YOUNG FARMERS COALITION

CONSERVATION EASEMENTS

So You ve Inherited a Farm, Now What?

OPEN SPACE PRESERVATION. Reflections on the Value of Acquiring Property for Preservation Purposes

Transcription:

- Farm Transfers - Real World Examples Using Agricultural Conservation Easements to Plan for Farm Succession NW MI Horticultural Research Station November 2014 Brian Bourdages Farmland Program Manager Grand Traverse Regional Land Conservancy

About GTRLC s Farmland Program What We Do: Help local communities administer their farmland preservation programs (Peninsula Township, Acme Township) Protect farmland through donated agricultural conservation easements (over 3,500 ac.) Own two active farms: Misty Acres Farm Part of MSU Grass-fed beef project Maple Bay Farm Home to ISLAND s New Farmer Residency Program

Key Considerations Regarding Farmland Transfers For the first time in the history of the United States, the family that just wants to leave its land to the children may not be able to do that. Preserving Family Lands Essential Tax Strategies for the Landowner Steven J. Small, Esq. 1988

Key Considerations Regarding Farmland Transfers For the first time in the history of the United States, the family that just wants to leave its land to the children may not be able to do that. Preserving Family Lands Essential Tax Strategies for the Landowner Steven J. Small, Esq. 1988

Key Considerations Regarding Farmland Transfers Land in our region has rapidly escalated in value. The development premium on land values often make land prices prohibitive for agricultural use. Now that the recession is abating, land prices are once again rising in the region.

Scenario #1 The Historic traditional Transfer The Brown Family Farm The Browns own a 200-acre fruit farm in Peninsula Township Grand Traverse County - including 500 feet of shoreline on Lake Michigan. The property includes 3 houses all are historic farm houses from various previous configurations of the farm. The main farm home was the home of Mrs. Brown, the second farm home was used for seasonal housing by the visiting children and their families, and the third as farm tenant housing. Mr. Brown died in 1988 and the farm became the property of Mrs. Brown.

Scenario #1 (cont.) The traditional transfer The Brown Family Farm Mrs. Brown died in 1996. Good tax, legal and estate planning is sufficient to prevent an undue estate tax liability for the family. The farm is left to the 3 children in a family partnership structure. Proposal A capping property taxes has only been in place since 1994. Neither the value of the farm nor inflation has increased tremendously between 94 and 96 and thereby their change in property taxes is negligible. One of the 3 children operates the farm as the headquarters of his fruit operation, the other siblings are business partners and are engaged in their own work and family lives in other parts of the country.

Scenario #2 A Limited Development Option The Smith Family Farm The Smiths own 500 acres of farmland and working forest land in Leelanau County. Mrs. Smith dies in 1990, leaving the farm to Mr. Smith. Mr. Smith dies in 2000 - land values have appreciated dramatically since 1990 leaving the two sons with a significant estate tax liability. The family elects to sell 80 acres of woods to be used as a housing development to pay the estate tax and restructure debt. While the kids hate to sell the woods that were a part of the original family farm, and because the high quality hardwoods provided good income every 10 to 15 years, this does allow them to continue to farm the property.

Scenario #3 An Agricultural Conservation Easement as a Tool to Protect the Family s Farming Heritage What Is A Conservation Easement? A voluntary permanent restriction against primarily residential development that runs with the land. It can allow liberally for continued agricultural uses including new ag buildings, roads, fences etc. It s flexible and can accommodate for future family needs e.g. a home site for children or a farm operator.

Scenario #3 (cont.) The Robertson Farm Mr. Robertson is 93 years old; his wife passed away several years ago. He owns a 200-acre farm in Kalkaska County. Mr. Robertson s oldest son runs the farm s beef cattle and general agriculture operation. The farm contains significant areas of high quality wetlands and upland forest managed for timber harvest.

Scenario #3 (cont.) The Robertson Farm Mr. Robertson and family decide to donate an agricultural conservation easement to the Grand Traverse Regional Land Conservancy. He wants to retain the legacy of his working lands. His children help to develop the terms of the conservation easement. The conservation easement allows for continued agricultural uses, retains the right to build 5 additional homes - each on 40 acre parcels and carefully located in areas near roads and away from the agricultural, wet and forested areas of the property.

Scenario #3 (cont.) The Robertson Farm Easement Generates Tax Deduction The value of the Robertson s conservation easement is considered a charitable contribution by the IRS. Mr. Robertson obtains the proper before and after conservation easement appraisal from a qualified appraiser to determine the value of his gift for tax purposes. Mr. Robinson has been investing in stocks and other tools that are subject to either capital gain or ordinary income tax. His deduction helps him to significantly lower his tax liability while he cashes out what he needs to begin his retirement. Because he now can retire comfortably, and the farm is protected by a conservation easement, he can sell the farm to his son who manages it for its agricultural value while also helping out his other children.

Scenario #4 Sale of a Conservation Easement (PDR) The Brown Family Farm - Part II Remember the Browns? The Browns own a 200-acre fruit farm in Peninsula Township Grand Traverse County The 4 siblings who inherited the farm now own it in an LLC. Some of the siblings want to realize some or all of their portion of the value in the farm. Others only wish to remain a part of the LLC and derive revenue from the farm operation. The farm operator s daughter is interested in taking over the farm operation in the future and is heavily involved in the business of the farm.

Scenario #4 Sale of a Conservation Easement (PDR) The Brown Family Farm Part II (cont.) In order to restructure debt, make needed infrastructure investments and position the farm for transfer again to the next generation, the 4 siblings decide to pursue a sale of development rights (agricultural conservation easement) on the vast majority of the property. Fortunately, Peninsula Township has a locally funded program for this purpose. The family excludes an area of the shoreline sufficient to build one home or to sell in the future. This gives them a liquid asset if they need it. They don t expect to or even want to have to use it - but they like having the option. The PDR revenue allows for payments to be made equitably to all the siblings and to restructure the farm operation so that the operator sibling and his family have the controlling interest of the LLC (they traded capital to the other siblings for a larger stake in the farm operation) Everyone s goals from their ownership of the property are realized!

What You Need To Know! It s Never Too Early To Start Planning But It Can Be Too Late! Learn About property tax issues associated with land transfers. Learn about PA 260 and PA 446. Familiarize yourself with agricultural conservation easements their limitations and benefits - and potential applicability for your farm whether through a sale (PDR) or a donation.

Things to Consider! Is a conservation easement an option you to meet your family s wishes? Are you leasing land, or looking to buy land from a family with a long farming legacy? Might they be inspired by knowing that there farm will be forever protected for farming purposes? Could that motivate them to sell to you if you re willing to help them protect their land? Is there an opportunity to sell a conservation easement on land with which you are working such that it can make the land more affordable? Can the owners of farmland you d like to buy benefit from the tax deductions associated with a conservation easement such that they may work with you on a sale at a reduced price? How can conservation play a role in my relationship with land that belongs to my family or that I currently farm?

Who Can Help You? State and National Resources National Resources USDA NRCS FRPP (now ALEP) Program and other programs. American Farmland Trust www.farmland.org Land Trust Alliance www.lta.org State Resources MDA - Farmland Preservation Office (517) 373-3328 Heart of the Lakes Center for Conservation Policy www.heartofthelakes.org

Local Resources Local Resources MSU Extension Local Conservation Districts NRCS Regional Offices Grand Traverse Regional Land Conservancy www.gtrlc.org Leelanau Conservancy www.theconservancy.com Little Traverse Conservancy www.ltc.org ISLAND - www.artmeetsearth.org

Feel Free To Contact Me! Brian Bourdages Farmland Program Manager Grand Traverse Regional Land Conservancy PH: 231-922-1261 Email: brian@gtrlc.org Website: www.gtrlc.org