(a) In the case of a contribution (not made by a transfer in trust) of an interest in property which consists of less than the taxpayer’s entire interest in such property, a deduction shall be allowed under Section 24357 only to the extent that the value of the interest contributed would be allowable as a deduction under Section 24357 if such interest had been transferred in trust. For purposes of this subdivision, a contribution by a taxpayer of the right to use property shall be treated as a contribution of less than the taxpayer’s entire interest in such property.
(b) Subdivision (a) shall not apply to a contribution of—
(1) A remainder interest in a personal residence or farm,
(2) An undivided portion of the taxpayer’s entire interest in property,
(3) A qualified conservation contribution (as defined in Section 24357.7).
(c) The amendments made to this section by the 1977–78 Legislature shall apply with respect to contributions of transfers made after December 31, 1976, and before June 14, 1977.
(d) The amendments made to this section by the 1981–82 Regular Session of the Legislature shall apply with respect to contributions or transfers made in taxable years beginning on and after January 1, 1982.
(Amended by Stats. 2000, Ch. 862, Sec. 143. Effective January 1, 2001.)
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