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Frequently Asked Questions
What is the South Carolina Conservation
Credit Exchange?
The Exchange is a market-based mechanism created to “make
a market” in South Carolina Conservation Credits made
available to South Carolina landowners and taxpayers via the
Conservation Incentives Act (Act 283) passed by the Legislature
in 2001. |
Why
was the Exchange created?
We chartered the Exchange to assist landowners
who want to recover some of their cost of donating property or an easement by providing a simple, credible, one-stop place
for sellers and buyers of conservation credits to get together. |
Who
benefits from the Exchange?
In short, everybody!
- Landowners donating
easements eligible for conservation credits are assured of
high cash value for those credits they do not or cannot use;
- Land
Trusts are able to focus on that part of the conservation
deal for which they were created – providing easements
and long-term monitoring -- while leaving the “banking/exchange” function
to others.
- Taxpayers purchasing
credits enjoy immediate tax advantages through the power
of dollar-for-dollar tax benefits bought at less than
face value;
- And finally, all
citizens of South Carolina benefit, as the Exchange
helps to further the conservation of South Carolina's
natural and cultural heritage.
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Who
are the principals involved in the Exchange?
Robin Underwood, a financial analyst and conservation
consultant working in the Carolinas, manages the Exchange. Underwood has over twenty years
experience with income, estate and investment planning. Under a grant from the John S and James L Knight Foundation, she presented continuing education courses to accountants and attorneys on conservation tax incentives. She is an alumna of the Center for Whole Communities in Vermont and recipient of the Girl Scouts Woman of Distinction in Environmental Leadership 2007 award.
Credit for the framework of the Exchange belongs
to Carlton Owen, president and CEO of US Endowment for Forestry
and Communities, and Cary Hall, tax attorney and partner in
the Wyche Law Firm based in Greenville, SC.
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Are
there other credit exchanges in other states?
Fourteen states have state-based credits designed
to encourage the donation of qualified conservation easements. Only five of those states – Colorado, Virginia, New Mexico, Georgia and South Carolina – allow
the transfer of credits to others. A number of exchanges have been chartered in both Colorado and Virginia.
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Just
how does the Exchange work?
In short, once a landowner agrees to donate a qualified
conservation easement to a land trust and all the paper work
is done – easements are signed and recorded, qualified
appraisals are done, etc. – South Carolina law provides
for credits against South Carolina taxes for the donor to either
use against their own taxes, or gift or sell to others.
For easements donated after May 31, 2001, on a qualified property
in South Carolina a dollar-for-dollar tax credit equal to 25%
of the deduction attributable to the gift is generated. The
credit may not exceed $250 per acre. Any unused credit may be carried forward, or it may be sold or gifted upon written notification
to, and approval of the transfer by, the SC Department of Revenue.
The
Exchange will ensure that all necessary paper work and approvals
are obtained as well as manage the transaction on behalf
of the landowners (sellers) and buyers. |
How
does the Exchange add value to the land trust process?
In addition to the market advantages to both sellers
and buyers of credits, the Exchange is committed to upholding
the highest principles and ethics associated with land conservation
as well as federal and state tax laws and regulations. We
won’t buy or sell just any credit. Before agreeing
to make a market in specific credits we review the organization
accepting the easement, the vendor conducting the valuation appraisal, and the conservation purposes served. We review the entire transaction
to attain a high degree of confidence that the transaction is
of the highest conservation quality and in full compliance with
all codes and regulations. In short, the Exchange is your “Good-Housekeeping
Seal of Approval” of the quality of the underlying transaction. |
As
a holder of a credit, why should I work with the Exchange?
Working through the South Carolina Conservation Credit
Exchange provides many benefits to the seller of credits…among
them:
- Top dollar … for
your credits with minimum effort on your part;
- Simplicity … with
one-stop shopping in dealing with all aspects of the transfer
from finding and qualifying buyers to completing forms
and working with the Department of Revenue;
- Integrity
and credibility … by working with trusted and
proven individuals who share your commitment to conservation
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As
a buyer of a credit, why should I work with the Exchange?
Working with and through the South Carolina Conservation
Credit Exchange provides credit buyers with many benefits … among
them:
- Value … through
the purchase of credits at a fair price to the seller and
to you;
- Simplicity … credits have been pre-approved
and are most likely to stand the test of time and
reviews by the Department of Revenue and the IRS;
- Peace of
mind … in knowing that the credit you are buying
has met rigorous reviews and an independent set of eyes
beyond that of the receiving organization; and
- Conservation … in
knowing that by working through the Exchange you are helping
to protect important conservation lands in South Carolina
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"Conservation is the
harmony between man and nature."
~ Aldo Leopold |
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