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S. 2436Senate115th Congress (2017-2019)In Committee

Charitable Conservation Easement Program Integrity Act of 2018

Sponsored by Steve DainesSen. Steve Daines (R-MT)
Introduced February 15, 2018

AI-Generated Summary

Updated April 15, 2026 at 8:19 PM UTC

The Charitable Conservation Easement Program Integrity Act of 2018 changes the tax rules for partnerships that make qualified conservation easement contributions. It limits how much a partner can deduct for such contributions, aiming to prevent overly large tax deductions. The rule applies to most partnerships, but not to family‑owned partnerships, and it only affects contributions made after December 23 2016.

Key Provisions

  • A partner’s deduction for a qualified conservation contribution cannot exceed 2.5 times the partner’s adjusted basis in the partnership for that tax year.
  • The limitation applies only during the partner’s first five taxable years after becoming a partner.
  • The cap does not apply to partnerships where almost all interests are held by related individuals (family partnerships).
  • The Treasury Secretary must issue regulations to enforce the limitation and prevent avoidance.
  • The new limitation is effective for contributions made after December 23 2016.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S1166)

Finance Committee

February 15, 2018

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SenateIntro Referral

Introduced in Senate

February 15, 2018

SenateIntro Referral

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S1166)

Finance Committee

February 15, 2018

Floor Debate

1 member

What members said about S. 2436 on the floor

1 Republican
Steve Daines
Sen. Steve DainesR-MT · Feb 15, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Record
Steve Daines
Sen. Steve DainesR-MT · Feb 15, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Record

Bill Text

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Introduced in SenateIssued February 15, 2018

II

115th CONGRESS

2d Session

S. 2436

IN THE SENATE OF THE UNITED STATES

February 15, 2018

Mr. Daines (for himself and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to limit the amount of certain qualified conservation contributions.

1.

Short title

This Act may be cited as the Charitable Conservation Easement Program Integrity Act of 2018.

2.

Limitation on partner’s deduction for qualified conservation contributions made by partnership

(a)

In general

Section 170(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(7)

Limitation on partnership allocation of contributions

(A)

In general

In the case of any qualified conservation contributions of any partnership (whether directly or as a distributive share of such contributions of another partnership), no amount of such contributions may be taken into account under this section by any partner of such partnership as a distributive share of such contributions if the aggregate amount so taken into account by such partner for the taxable year would (but for this paragraph) exceed 2.5 times such partner’s adjusted basis in such partnership (determined as of the close of such taxable year and without regard to such contributions). The preceding sentence shall apply only with respect to the first 5 taxable years of such partner which end after the date on which such partner first became a partner in the partnership.

(B)

Exception for family partnerships

Subparagraph (A) shall not apply with respect to any partnership if substantially all of the partnership interests in such partnership are held by individuals who are related within the meaning of section 152(d)(2).

(C)

Regulations

The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out, and prevent the avoidance of, the purposes of this paragraph.

.

(b)

Effective date

This section shall apply to contributions made after December 23, 2016. No inference is intended as the appropriate treatment of contributions made on or before such date or as to any activity not described in section 170(h)(7) of the Internal Revenue Code of 1986, as added by this section.