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Attorney

Brad Cohen

Los Angeles, CA

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About Brad Cohen

Brad Cohen is a tax attorney. He is a partner at Jeffer Mangels Butler and Mitchell LLP (JMBM) in Los Angeles, California.

JMBM is a full-service law firm that provides counseling and litigation services in a wide range of areas. Its specialties include environment, land use and energy, intellectual property, labor and employment, and bankruptcy. Other areas of expertise include corporate, entertainment, real estate, taxation, trusts and estates. Founded in 1981, it has offices throughout California and serves clients worldwide.

Cohen joined the firm in 2016. His practice emphasizes business planning related to complex corporate and partnership transactions, including mergers and acquisitions, financing and business succession planning, income tax planning, and estate tax planning.

Cohen’s practice also focuses on coordinating relationships among the entertainment, advertising and nonprofit industries. He is best known for his business and tax advice related to the motion picture, television, music, emerging media and sports industries. He also advises real estate industry clients in sales, acquisitions, deferred exchanges and financing, including the structuring of Qualified Opportunity Funds.

In addition to JMBM, Cohen is a tax partner at Venable LLP.

He was previously a partner at Reish Luftman Reicher and Cohen and a founding member of Cohen Primiani and Foster. He was also a lobbyist before the U.S. Congress for the Tax Reform Research Group.

Cohen is president of the Motion Picture and Television Tax Institute and a past chair of the entertainment-tax subcommittee of the tax section of the Los Angeles County Bar Association.

He holds a law degree from Maurice A. Deane School of Law at Hofstra University and a bachelor’s degree in accounting from Northeastern University.
Company

Jeffer Mangels Butler & Mitchell

Address

1900 Avenue of the Stars, Los Angeles

TOTAL ANSWERS

255

Answers to Opportunity Zones

255 Questions Answered

Since QOFs can self-certify, how can investors check that they are complying with the regulations?

10 Members Answered

Can a QOF be structured to pay dividends to nonqualified investors without creating a taxable event for qualified investors?

11 Members Answered

How does an entity become a Qualified Opportunity Fund (QOF)?

11 Members Answered

How strict is the “sin list” rule?

9 Members Answered

How can a Qualified Opportunity Fund have multiple tiers of structures?

11 Members Answered

How can I refinance proceeds from a Qualified Opportunity Fund and leverage distributions?

5 Members Answered

How can art collectors benefit from the OZ tax incentive?

3 Members Answered

What factors should be taken into consideration when selecting between 1031 Exchanges and the Opportunity Zone tax incentive?

10 Members Answered

Do residents of non-conforming states receive the OZ benefits if they invest in an Opportunity Zone project in a state that conforms with the federal OZ regulations?

9 Members Answered

How can I document that I originally planned to make land improvements?

9 Members Answered

How do I qualify as an Opportunity Zone business?

8 Members Answered

How do I request the benefits for developing in an Opportunity Zone?

6 Members Answered

How and when can I take advantage of owning a commercial property in an Opportunity Zone?

14 Members Answered

What is included in the NQFP limitation and how often is it tested?

4 Members Answered

How do carried interests qualify for Opportunity Zone tax benefits?

12 Members Answered

What are the rules regarding what can be in a Qualified Opportunity Fund?

14 Members Answered

How do the new Opportunity Zone regulations treat substantial improvements?

6 Members Answered

How does leased property used by a QOZB get treated?

11 Members Answered

Is there a way to structure a QOF so that it can accept non-qualified OZ investment funds in tandem with qualified investments, then pay out the benefit to the non-qualified investors?

15 Members Answered

What is the waiting period on actual gain from this year?

14 Members Answered

Does Puerto Rico benefit from the Opportunity Zone program in the same way that other Qualified Opportunity Zone census tracts in the U.S. do?

9 Members Answered

If my primary residence is located in an Opportunity Zone, is there any way that I can take advantage of the OZ program?

14 Members Answered

Is there a way to structure a QOF so that it can accept non-qualified OZ investment funds in tandem with qualified investments, then pay out the benefit to the non-qualified investors?

15 Members Answered

How do the new Opportunity Zone regulations treat substantial improvements?

6 Members Answered

Could Opportunity Zone businesses have operations in multiple Opportunity Zones?

8 Members Answered

How does one determine the election of the capital gains deferral effect on whether the gain qualifies as short-term or long-term capital gains?

11 Members Answered

If my primary residence is located in an Opportunity Zone, is there any way that I can take advantage of the OZ program?

14 Members Answered

Can the owners of a QOF have their spouses as its members and invest in residential real property in the zone, then lease it to its members for their personal use?

11 Members Answered

How can property qualify as QOZP in a QOF?

8 Members Answered

How much of a rush should I be in to invest in an OZ?

17 Members Answered

What types of gain can be deferred through investment in a QOF?

11 Members Answered

Are there classes of Opportunity Zones?

11 Members Answered

Could a QOZ have its status revoked in the future?

15 Members Answered

How is “active trade or business” defined for a QOF subsidiary to qualify as a QOZB?

6 Members Answered

Could Opportunity Zones get additional reporting requirements in the future?

14 Members Answered

What happens if I invest in a QOF, but they don’t deploy my funds before the testing period?

16 Members Answered

How strict are the rules on a property having been vacant for the purposes of defining it as an "Original Use Property”?

10 Members Answered

What’s included in the 5% test for QOZBs?

2 Members Answered

Is there flexibility on the 31-month safe harbor rule?

11 Members Answered

How can cities best take advantage of the Opportunity Zone program?

8 Members Answered

What happens to the tax benefits of an Opportunity Zone fund if its original owner dies?

9 Members Answered

How can I elect to defer tax on a gain if I have already filed my tax return?

20 Members Answered

What happens when employees work remotely outside of a QOZ because of the coronavirus?

2 Members Answered

Can I transfer ownership of my OZ investment to a relative?

11 Members Answered

How can I elect to defer tax on a gain if I have already filed my tax return?

20 Members Answered

How can property qualify as QOZP in a QOF?

8 Members Answered

How can I document compliance with the “market-rate lease” requirement?

9 Members Answered

Would I qualify as a QOZB if I lease equipment in Opportunity Zones and my company headquarters is in an OZ?

2 Members Answered

Can any source of capital be used to invest in a QOF or is it only capital gains that are eligible for the tax advantages?

4 Members Answered

What could lead to decertification of a QOF?

4 Members Answered

Who is eligible for the benefits of Opportunity Zone investments?

11 Members Answered

What happens if I don’t get my money invested in actual OZ projects by Dec. 31 this year?

13 Members Answered

How do I create an Opportunity Zone fund?

11 Members Answered

What is the tax relationship between conforming states and non-conforming states?

7 Members Answered

What happens if I don’t have enough distributable cash flow to pay my taxes in 2026?

11 Members Answered

How can a Section 1231 gain be reinvested at the entity level rather than at the equity holder level?

7 Members Answered

What can we expect from the EPA’s request to the IRS for clearer OZ regulations?

3 Members Answered

If a QOF can be an entity that predates the effective date of the OZ regulations, how far back can it go?

9 Members Answered

What happens with my investments when the Opportunity Zone program expires on Dec. 31, 2047?

10 Members Answered

Can I transfer ownership of my OZ investment to a relative?

11 Members Answered

What if a QOZ Business’s income fluctuates outside acceptable levels?

7 Members Answered

Can you GP equity gain with Opportunity Zone funding?

4 Members Answered

If we set aside a reserve to pay the 2026 capital gains tax liability, is that taxable?

13 Members Answered

How can California residents enjoy the full tax advantages of Opportunity Zone investments?

10 Members Answered

What happens if a taxpayer transfers the QOF interest into a grantor trust and the trust later loses its status?

7 Members Answered

Is there any way for a current business located in a OZ to transfer assets in-kind (via taxable sale) to a QOF in exchange for an interest, while also getting deferral on the gain from that sale?

9 Members Answered

Could new Opportunity Zones be created in response to help communities after natural disasters?

8 Members Answered

Is it safe to invest in the cannabis industry when it comes to OZs?

5 Members Answered

What happens if an entity fails to meet the requirements as an QOZB?

7 Members Answered

Are there any QOFs or other OZ projects dedicated to supporting Coronavirus prevention?

4 Members Answered

How can I find existing OZ funds that invest in businesses as opposed to real estate?

4 Members Answered

What is defined as “unrelated party” when it comes to selling or acquiring OZ property?

8 Members Answered

What can I include to satisfy the substantial improvement test?

3 Members Answered

Why can most QOF only accept deferred gain prior to Jan. 1, 2027?

12 Members Answered

What’s the best way to value a QOF’s leased property?

7 Members Answered

How do I prepare a written plan for capital in order to qualify for the Working Capital Safe Harbor?

12 Members Answered

How are penalties calculated if a QOF fails to meet the 90% Substantially All test?

11 Members Answered

How can I show reasonable cause to avoid the penalty for failing to have 90 % of my QOF’s assets in an OZ?

10 Members Answered

How can operating businesses that lease property qualify as QOZBs?

4 Members Answered

How can a QOF investing in operating businesses know for sure that the business is a qualified OZ operation?

11 Members Answered

Is there a difference if the transfer of the QOF interest is to a trust or an individual?

6 Members Answered

How can QOFs prove that they meet the 90 % Substantially All test?

10 Members Answered

What do the new regulations say about which lifetime gratuitous transfers do or do not constitute “inclusion events”?

8 Members Answered

How can I get my country club to qualify for the OZ incentive?

11 Members Answered

What happens with the OZ benefits if an investor of a QOF die and the assets are passed down to the investor’s children?

12 Members Answered

How can existing owners of property in OZs take advantage of the tax benefits without selling?

8 Members Answered

How detailed must the plan be to improve land in an OZ at the time of purchase?

7 Members Answered

How can my business qualify as a QOZ business?

9 Members Answered

How do the second set of regulations establish anti-abuse rules when it comes to land use in an Opportunity Zone?

10 Members Answered

If a QOF buys a building that is 95% completed by the seller, is that still considered to be construction in progress?

8 Members Answered

How can I directly invest into a QOZB to qualify for tax incentives?

4 Members Answered

What are some recent developments in agriculture that will help demonstrate the potential of investing in agriculture in OZs?

4 Members Answered

How can I directly invest into an QOZB to qualify for tax incentives?

3 Members Answered

How can a QOF make investments in multiple Opportunity Zones?

5 Members Answered

What is the timeframe when investments need to be made into a QOF once it is established?

3 Members Answered

How can I benefit from the OZ tax incentive If I already own land in an OZ?

2 Members Answered

How can leased property be qualified property when leased from a related party?

3 Members Answered

How do I report an OZ deferral on my taxes?

5 Members Answered

How can my QOF hold land for future investments and receive OZ benefits?

3 Members Answered

What happens if only parts of my real estate property is inside the OZ?

9 Members Answered

What factors do law firms base their opinion letters on in an OZ deal?

7 Members Answered

Can I start a church congregation in an OZ and have people contribute into a QOF to build a nonprofit church building?

2 Members Answered

What happens if I make a donation of my QOF interest to charity?

2 Members Answered

Do I take the recapture of the depreciation into account when calculating the capital gain to defer into a QOF?

3 Members Answered

What happens to the deferred tax liabilities if capital gains tax rate changes?

3 Members Answered

How do we measure the value of the assets for the purpose of the 70% requirement?

4 Members Answered

Why are certain businesses excluded from taking advantage of the OZ program?

10 Members Answered

How can a building under construction acquired by QOZB satisfy the original use requirement?

8 Members Answered

How can a vacant building satisfy the original use requirement?

6 Members Answered

What are the impacts if a QOZB becomes a real estate dealer?

2 Members Answered

What happens if a lease is between related parties in an OZ transaction?

10 Members Answered

How can a lessee be deemed the “original user” of a property?

6 Members Answered

How can I get around the blackout period when the eligible gain occurs early in a taxable year?

4 Members Answered

Under what circumstances can a property owner contribute a property to a QOF or QOZB in exchange for equity?

7 Members Answered

Can I borrow from my QOF to keep my QOZB afloat during the coronavirus hardship times?

5 Members Answered

How can I enjoy tax benefits if I acquire a business in an OZ?

3 Members Answered

What is considered as non-qualified OZ property for the purpose of the 90% QOF testing?

2 Members Answered

Could it be an oversight that will be rectified by lawmakers that the cannabis industry was not part of the so-called "sin" businesses?

8 Members Answered

Why should I be careful with my QOF when investing into nonqualified financial property?

3 Members Answered

Is the growing education technology market suitable for the OZ industry?

7 Members Answered

What does the second round of regulations say about mergers of QOFs?

5 Members Answered

How important is it to go with a fund that has a formal opinion issued in connection with their Qualified Opportunity Fund?

13 Members Answered

How can foreign investors take advantage of the OZ tax incentive?

5 Members Answered

I’ve heard that investing in self-storage in OZs might be “recession resistant.” Why?

3 Members Answered

Is it expected that the authorities will make changes to the OZ tax program to help with the coronavirus recovery efforts?

5 Members Answered

Can a QOZB rent property to a person or entity engaged in a sin business on the premises?

6 Members Answered

Why do I need to provide an organizational chart of the seller of the property, which includes all direct and indirect owners, when reviewing the 70% requirement?

7 Members Answered

What requirements must qualified opportunity zone property fulfill?

4 Members Answered

How do partnership tax rules apply if a QOF is structured as a partnership for federal tax purposes?

5 Members Answered

How do we make sure we meet the intangible property requirement?

6 Members Answered

What is considered to be “active conduct of a trade or business” in the 50% gross income requirement?

5 Members Answered

How will the falling commercial real estate prices due to Covid-19 impact the OZ industry?

2 Members Answered

What happens if everyone decides to exit a fund at the same time?

5 Members Answered

How can an QOF sell assets?

3 Members Answered

What do the federal regulations say about banks investing in OZs?

1 Members Answered

How can funds enjoy the benefits of both NMTC and OZ programs?

4 Members Answered

What kind of entity is best when creating a personal or syndicated QOF?

4 Members Answered

What's the best structure to set up a single investor single asset QOF to purchase a residential investment property?

11 Members Answered

If someone invests into a fund as a loan to the investor, is the interest they make on the loan taxed?

8 Members Answered

Why shouldn’t my QOZB make a loan to another with a term of more than 18 months?

6 Members Answered

How does "original use" and "first placed in service" work?

4 Members Answered

What type of capital gains can be invested into a QOF?

5 Members Answered

What happens if an investor lives in a non-conforming state when investing in a QOF but moves to a conforming state a few years before the 10-year time limit to exit the fund?

4 Members Answered

How can art collectors benefit from Opportunity Zones?

10 Members Answered

Why were reporting requirements to evaluate the OZ program removed in the second round of regulations?

2 Members Answered

What is a priority project in Puerto Rico and what benefits will it offer OZ investors?

1 Members Answered

How can my corporation become certified as a Qualified Opportunity Fund?

4 Members Answered

At what point does “change of use” come into play in an OZ deal?

4 Members Answered

What happens if my LLC is not able to dispose my capital asset to make a cash investment in a QOF within 180 days?

8 Members Answered

What is the benefit of having my QOF structured to be a private fund?

1 Members Answered

What is the best way for investors to start planning for investing in Opportunity Zones?

4 Members Answered

How can I get my business ready for capital fundraising?

2 Members Answered

When are the taxes on the deferred gains invested into an Opportunity Zone due?

5 Members Answered

What happens if I don’t get my money invested in actual OZ projects by Dec. 31 this year?

13 Members Answered

Why is it beneficial for a QOF to have subscription agreements and corporate consents?

4 Members Answered

What does the regulations say about entering into a triple net lease for real property owned by an entity in an OZ?

5 Members Answered

What counts as a substantial completion when it comes to improvements to an existing property?

4 Members Answered

What types of real estate renovation projects qualify for the OZ program?

6 Members Answered

Why must a QOF’s organizing documents contain a clause stating the exclusive purpose of the entity is to serve as a QOF?

4 Members Answered

What does the tax law mean for corporations in the nonconforming states of Massachusetts and Pennsylvania when it comes to OZ investments?

2 Members Answered

Which states provide additional state-level incentives and allowing more credits to taxpayers investing in OZs in their state?

5 Members Answered

What changed in the final regulations to make OZs more beneficial for the hospitality industry?

5 Members Answered

What should an OZ fund manager think about when it comes to compliance with security laws?

5 Members Answered

How can QOFs effectively raise capital through exemption Rules 506 of Regulation D under the Securities Act?

4 Members Answered

When and how does the original use of tangible property in an OZ start?

2 Members Answered

Do partnership tax rules apply in an QOZF?

5 Members Answered

How can used tangible property acquired by purchase by the QOZB satisfy the original use requirement?

3 Members Answered

How can a single asset QOF receive funds from a large multi-project QOF?

4 Members Answered

Does my business qualify as a QOZB if it is conducted in a property located in an OZ?

4 Members Answered

How can a developer combine both EB-5 and OZ capital for a project?

3 Members Answered

What are some strategies communities can do to attract OZ funds?

5 Members Answered

How can I invest in a completed hotel in an OZ for best tax benefit?

8 Members Answered

What happens at the 10-year mark when the investor has to sell? Do I need an exit strategy?

5 Members Answered

How will the launch of Virginia’s new OZ initiative benefit investors and funds?

2 Members Answered

Is there any truth to OZs causing gentrification?

4 Members Answered

How is it determined if an activity involving land use can be considered a trade or business?

4 Members Answered

When raising capital from investors to my own QOF, how do I make sure I follow SEC guidelines?

7 Members Answered

How will the proposed new Form 8996 help IRS to collect data about the OZ industry?

4 Members Answered

Can a Qualified Opportunity Fund make investments in multiple Opportunity Zones?

7 Members Answered

What happens if I formed my QOF prior to June 30 but haven’t invested at least 90% into a QOZBP?

7 Members Answered

What does the report from the White House Opportunity and Revitalization Council to the president mean for the OZ industry?

1 Members Answered

What is the definition of "qualified 1231 gains" that can be deferred if invested in an OZ?

3 Members Answered

What happens to investors if an OZF sell its businesses or properties?

3 Members Answered

Can a Qualified Opportunity Fund make investments in multiple Opportunity Zones?

7 Members Answered

What are my risks with investing in a QOF?

5 Members Answered

How can other real estate tax credits work together with the OZ program?

5 Members Answered

Why are LLCs and partnerships generally the preferred entities for QOF’s and QOZB’s?

2 Members Answered

What is a passthrough QOF and how can it be used?

3 Members Answered

What happens to the investments in my OZ business if it grows to the point that I want to move it outside of the OZ?

5 Members Answered

Can a QOF capitalize another QOF?

6 Members Answered

When must a gain from an installment sale be invested in a QOF?

2 Members Answered

When must an S. Corp, a partnership or beneficiaries of a trust invest the gains in a QOF or QOB?

4 Members Answered

When can we expect the third round of OZ regs to be released?

6 Members Answered

What are some challenges private equity groups can face when moving into OZ investments?

4 Members Answered

How does a PE deal structure vary from a QOF structure?

3 Members Answered

Who has to register as an investment adviser?

2 Members Answered

How can the operation of a rental property qualify as an active conduct of a trade or business in an OZ?

6 Members Answered

How can a QOF be considered domestic in Puerto Rico when entities organized under the laws of Puerto Rico are considered foreign entities for U.S. federal income taxes?

3 Members Answered

Under what circumstances can leased property be qualified property?

2 Members Answered

Why is it more beneficial for an operating business to be owned by a QOZB rather than a QOF?

7 Members Answered

How is the value of an asset measured if the QOF uses the alternative valuation method?

1 Members Answered

What does the new regulation say about overlapping contributions and the 31-month working capital safe harbor?

3 Members Answered

How can members in a partnership apply different trigger dates for an OZ’s 180-day investment window for the same gain if that gain is divided?

6 Members Answered

What should be included in a Private Placement Memorandum for a QOF?

4 Members Answered

What happens with the 180-day period if a taxpayer receives multiple payments under an installment sale?

6 Members Answered

Why is it important for QOFs to have a proper carried interest agreement in place?

3 Members Answered

What represents a “reasonable period” for a QOF to reinvest proceeds from a sale of qualifying assets?

4 Members Answered

How can I combine investments in a QOF with irrevocable grantor trusts?

2 Members Answered

What happens with an QOZB that fails the 70% asset test?

3 Members Answered

What provision limits an investor’s OZ benefits if they receive large distributions in the early years of the QOF?

2 Members Answered

How does IRS’ new June notice 2020-39 offer OZ investors relief?

4 Members Answered

How can I create my own QOF? Does it need to carry a minimum investment to be qualified?

8 Members Answered

How did the new regs change the social impact reporting requirement?

4 Members Answered

What is the penalty for failure to meet the 90% asset test?

3 Members Answered

Can the government create new OZs to help revitalize areas hit hard by COVID-19?

4 Members Answered

How could I sell an interest in a QOF, but obtain additional deferral by reinvesting in a different QOF?

2 Members Answered

What are the rules when it comes to section 1231 gains and the “netting” rule in OZs?

4 Members Answered

What is considered “nonqualified financial property” in a QOZB?

2 Members Answered

When would buildings on brownfield sites qualify as original use property?

2 Members Answered

Under what circumstances can Section 1231 gains be invested in QOFs?

5 Members Answered

What are the exemptions for OZ offers to not be registered with SEC?

4 Members Answered

How are priority projects selected in Puerto Rico and what benefit do they give me compare to other projects?

2 Members Answered

What are the rules when it comes to section 1231 gains and the “netting” rule in OZs?

3 Members Answered

When would “triple net” lease arrangements work in an OZ?

3 Members Answered

What happens with OZ investment transfers between spouses in case of a divorce?

4 Members Answered

How can I claim section 1245 recapture income as eligible gain?

2 Members Answered

How can I make sure that my offering materials don’t violate the security laws?

5 Members Answered

What do securities laws say about limited partnerships in the OZ space?

4 Members Answered

Could the OZ legislation change if a democrat president is elected in the fall?

6 Members Answered

What are the rules on operating my OZ investment?

3 Members Answered

Will the approved QOZs be reevaluated after a number of years?

4 Members Answered

How can I benefit from the OZ incentive if I already own a business in an OZ?

2 Members Answered

How can I retroactively defer declared capital gains and invest in a QOF after I filed my taxes?

6 Members Answered

How can an OZ investor contribute other property, in addition to cash, in exchange for an eligible interest in a QOF?

4 Members Answered

What happens if I get section 331 and 332 liquidations of a QOF?

2 Members Answered

What are the criteria for safe harbor to apply to capital used for the development of an operating business?

3 Members Answered

Are dividends from an S-Corp or a C-Corp eligible for rollover?

3 Members Answered

Could the property and management safe harbor extend to a software company with remote workers?

2 Members Answered

How can I elect to defer tax on gain after I have already filed my 2019 tax return?

5 Members Answered

What are some other benefits than deferral of the gain when investing in OZs?

6 Members Answered

What kind of businesses will qualify to be included in a QOF?

4 Members Answered

How do I know if a business is located in an OZ?

4 Members Answered

Can an OZF sell assets?

4 Members Answered

How can owners get their business ready for OZ capital fundraising?

2 Members Answered

How can QOF cooperate with local communities to fund affordable housing projects?

3 Members Answered

What expenses can a QOF cover?

1 Members Answered

What is the process for debt or equity offerings for a business located in an OZ?

4 Members Answered

How do I ensure that a QOF is complying with the regulations so that I get the tax benefits?

6 Members Answered

Are distributions in a OZ project tax-exempt?

5 Members Answered

Does the development of new condo buildings compatible with the OZ incentive?

3 Members Answered

Can I use an SDIRA to invest in an opportunity zone?

3 Members Answered

How can OZ investors best understand the historical use of a property?

2 Members Answered

How quickly should a OZF invest their property into a QOZ?

3 Members Answered

What evidence should be used to prove that an OZ investment of intangible property meets the requirement?

2 Members Answered

How could the presidential election outcome affect tax incentives?

3 Members Answered

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