Tax and Subsidy Reform
Action 1
The Administration should assess the impacts of the Taxpayer Relief Act of
1997 on land use and development patterns and community reinvestment. There are
two facets to this assessment. First, this tax law virtually repeals the
capital gains tax on the sale of personal homes. The Environmental Law
Institute estimates that the law could affect nearly $4 million in sales of
existing homes each year.39 At the same time, the 1997 act creates new
opportunities for urban revitalization by making housing rehabilitation by
owner-occupants an opportunity to generate tax-free income. It is unclear,
however, whether this rehabilitation will occur in urban areas in need of
revitalization. Second, the law includes the first new tax incentive for land
conservation in over a decade which makes certain land in or near a
metropolitan area, national park, wilderness area, or urban national forest
eligible for favorable estate tax treatment through the donation of a qualified
perpetual conservation easement. USDA, working with the U.S. Department of the
Treasury and other appropriate agencies, should identify how the conservation
incentive provisions should work.
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