| (m) For eligible timberlands held by the taxpayer | for at least a 22-year period beginning on or | after January 1, 2005 but less than a 23-year | period beginning on or after January 1, 2005, | 13/15 of the gain recognized on the sale of the | eligible timberlands; |
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| (n) For eligible timberlands held by the taxpayer | for at least a 23-year period beginning on or | after January 1, 2005 but less than a 24-year | period beginning on or after January 1, 2005, | 14/15 of the gain recognized on the sale of the | eligible timberlands; or |
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| (o) For eligible timberlands held by the taxpayer | for at least a 24-year period beginning on or | after January 1, 2005, all of the gain recognized | on the sale of the eligible timberlands. |
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| (3) Taxpayers claiming this credit must attach a sworn | statement from a forester licensed pursuant to Title | 32, chapter 76 that the timberlands for which the | credit is claimed have been managed sustainably. For | the purposes of this subparagraph, "sustainably" means | that the timberlands for which the credit is claimed | have been managed to protect soil productivity and to | maintain or improve stand productivity and timber | quality; known occurrences of threatened or endangered | species and rare or exemplary natural communities; | significant wildlife habitat and essential wildlife | habitat; and water quality, wetlands and riparian | zones. |
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| Upon request of the State Tax Assessor, the Director of | the Bureau of Forestry within the Department of | Conservation may provide assistance in determining | whether timberlands for which the credit is claimed | have been managed sustainably. When assistance is | requested under this subparagraph, the director or the | director's designee may enter and examine the | timberlands for the purpose of determining whether the | timberlands have been managed sustainably. |
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| In the case of timberlands owned by an entity that is treated as | a pass-through entity for income tax purposes, the land must be | treated as eligible timberland if ownership and use of the land | by the pass-through entity satisfies the requirements of this | paragraph. If the owner of the eligible timberlands is an S | corporation, the taxpayer must subtract the owner's pro rata | share of the gain. If the owner of the timberlands is a | partnership or limited |
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