Federal • US Congress

H.R. 9398: Historic Preservation and Land Conservation Certainty Act

Rep. Mike Carey (R-OH)Referred

H.R. 9398 status: Referred.

1

What this bill does

Overall score

Score60/100 civic fit
RiskModerate risk
ImpactHigh impact 85/100

Bill summary

AI Summary

The bill addresses a massive backlog of IRS litigation regarding syndicated conservation easements and makes permanent statutory changes to how historic building contributions are qualified for tax purposes.

Key analysis

Constitutionality90%
Bipartisan50%
Public opinion40%
2

Impact analysis

Environment

Positive Outlook
60%

Benefits

  • Standardizes qualifying criteria for conservation contributions
  • Reduces litigation risk for legitimate land conservation entities

Risks

  • Potential for continued use of easements for aggressive tax planning
  • Retroactive application of standards could complicate past conservation claims

Economy

Mixed / Neutral
50%

Benefits

  • Provides closure for thousands of taxpayers and partnerships in IRS audits
  • Reduces administrative and judicial costs for the federal government

Risks

  • Allows settlement for potentially aggressive tax shelters at a fixed rate
  • May be perceived as a form of tax amnesty for high-net-worth investors

Society

Mixed / Neutral
50%

Benefits

  • Brings administrative clarity to historic preservation tax credits
  • Protects historic property classifications through objective standards

Risks

  • Provides little direct public benefit outside of the tax and legal resolution context
3

How trustworthy & consequential it is

Source

Congress.gov

Official bill text or data from Congress.gov.

Confidence

high

high

Information is complete and verified.

Analysis status

Full bill text (Congress.gov)

Source used for this bill's analysis.

Warning

Creates a potential 'buyout' path for taxpayers currently facing significant tax penalties

Limitation

Does not fully address the underlying abuse of syndicated conservation easements

4

Where it stands

Introduced

Complete
2

Committee

Current

Referred

3

Floor

Upcoming
4

Enacted

Upcoming
5

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6

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