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Tax Attorney

Matthew Rappaport

New York, New York

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About Matthew Rappaport

Matthew Rappaport is a tax attorney. He is currently vice managing partner of Falcon Rappaport & Berkman PLLC, based in New York, New York. Falcon Rappaport practices a variety of legal fields, including real estate law, taxation, campaign financing, elections, commercial litigation, intellectual property, corporate and securities law. At Falcon Rappaport, Rappaport chairs the taxation and private client groups. He advises clients regarding tax planning, structuring, compliance on commercial real estate projects, the business life cycle, generational wealth transfer, family business succession and executive compensation. Rappaport works on deals regarding advanced tax considerations, such as the Opportunity Zone program, 1031 exchanges, freeze partnerships, and private equity mergers and acquisitions. Prior to joining Falcon Rappaport in 2018, Rappaport was a sole practitioner and associate attorney at other New York law firms. He is a member of the State of New York Bar. He is admitted to practice in the U.S. Tax Court, U.S. District Courts in New York and the U.S. Supreme Court, among other jurisdictions. He is a member of the taxation section of the American Bar Association, the New York State Bar Association and Nassau County Bar Association. He has a bachelor’s degree from Washington University in St. Louis, and an LL.M. in taxation and juris doctor from Georgetown University Law Center.
Company

Falcon Rappaport & Berkman

Address

655 Third Avenue, New York

TOTAL ANSWERS

685

Answers to Opportunity Zones

685 Questions Answered

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

16 Members Answered

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

2 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

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 does the new IRS relief notice say about the ability to modify Working Capital Plans that were created prior to the COVID-19 crisis?

2 Members Answered

If a vacant building located in an Opportunity Zone was purchased in November 2017 for future adaptive re-use development, can it still qualify under the existing purchasing LLC?

5 Members Answered

How can I combine OZ investments with EB-5 benefits?

8 Members Answered

Could Opportunity Zones get additional reporting requirements in the future?

14 Members Answered

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

11 Members Answered

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

14 Members Answered

What is a reasonable reinvestment period for a Qualified Opportunity Fund?

6 Members Answered

If a freelancer or solopreneur starts an online business, forms an LLC and locates it in a co-working space in an Opportunity Zone, how can this qualify as an Opportunity Zone business?

5 Members Answered

How do I qualify as an Opportunity Zone business?

8 Members Answered

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

11 Members Answered

What are the qualifications for setting up a Qualified Opportunity Zone business?

4 Members Answered

What is the basis for a ground-up development project in an OZ?

5 Members Answered

Does a gift of some or all of a taxpayer’s QOF interest qualify as an “inclusion event?”

4 Members Answered

Does my money actually have to be invested for a full 10 years to get a step up in basis for the appreciation tax benefit?

5 Members Answered

How could we invest into an EB-5 project that is also in an opportunity zone and enjoy benefits of both programs?

4 Members Answered

What transactions may trigger the inclusion of deferred gains, sales, exchanges, and other transfers in an OZ deal?

4 Members Answered

What are the rules regarding whether a taxpayer can defer eligible gain by acquiring an equity interest in a QOF from a person other than a QOF?

3 Members Answered

When I transfer property to a QOF, does my holding period of the property also transfer to my QOF eligible investment?

2 Members Answered

How does leased property used by a QOZB get treated?

11 Members Answered

How do carried interests qualify for Opportunity Zone tax benefits?

12 Members Answered

What will happen to my investment in an OZ if the 2020 census changed the boundaries of the tract where my project is located?

2 Members Answered

How do I prove that my building has been vacant for five years prior to being purchased by a QOF or QOZ business?

7 Members Answered

Are there classes of Opportunity Zones?

11 Members Answered

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

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

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

8 Members Answered

How do I create an Opportunity Zone fund?

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

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

4 Members Answered

What are the rules on deployment of funds into an OZ business and what expenses are allowed?

5 Members Answered

What are the requirements to make my building a QOZ business property?

3 Members Answered

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

20 Members Answered

What if a taxpayer makes an equity investment in a QOF by contributing property in a nonrecognition transaction?

12 Members Answered

Regarding recycling of distributed capital, what are the rules on investors redeploying cash distributed from one fund into another without recognizing the gain?

6 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

Could a QOZ have its status revoked in the future?

15 Members Answered

Could Opportunity Zone businesses have operations in multiple Opportunity Zones?

8 Members Answered

How does the QOZ system work under Indian tribal law?

6 Members Answered

How will it impact me if I invest the same amount in an OZ-conforming state compared to a non-conforming state?

8 Members Answered

Is buying a pre foreclosure in an OZ a smart real estate investment?

2 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

Who is eligible for the benefits of Opportunity Zone investments?

11 Members Answered

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

9 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

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

9 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

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

11 Members Answered

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

7 Members Answered

How does the second set of proposed regulations define original use when it comes to OZ property?

6 Members Answered

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

4 Members Answered

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

4 Members Answered

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

3 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

What does the new IRS relief notice say about the ability to modify Working Capital Plans that were created prior to the COVID-19 crisis?

2 Members Answered

How have the OZ tax benefits and deadlines changed due to the pandemic?

3 Members Answered

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

6 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

What happens if a partner dies that invests in an QOF and passes their share to an heir?

3 Members Answered

What could lead to decertification of a QOF?

4 Members Answered

How do I self-certify to set up my own OZ fund and what are the costs involved?

7 Members Answered

When using appreciated property to fund the QOF, what basis rules come into play?

7 Members Answered

How can a leased property qualify as an OZ business?

6 Members Answered

How can I invest in the cannabis industry through a QOF if I live in a state where it hasn’t been legalized yet?

1 Members Answered

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

9 Members Answered

What is the Environmental, Social, and Governance (ESG) criteria if I want to focus my OZ investment on that area?

3 Members Answered

What happens if an operating business I’ve invested in gets bought out?

9 Members Answered

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

17 Members Answered

Since the working capital safe harbor applies to QOZ businesses, why can’t a fund also be a trade or business?

16 Members Answered

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

6 Members Answered

How does a service business satisfy the 50% revenue test?

6 Members Answered

When can we expect another round of clarification of the Opportunity Zone regulations?

3 Members Answered

How do the regulations determine if Working Capital Assets are considered to be reasonable working capital?

2 Members Answered

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

13 Members Answered

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

4 Members Answered

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

14 Members Answered

When is the “substantial improvement” test for non-original use property not done on an asset-by-asset basis?

4 Members Answered

How can investor transfer funds from one QOZF to another?

3 Members Answered

Can you GP equity gain with Opportunity Zone funding?

4 Members Answered

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

8 Members Answered

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

7 Members Answered

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

7 Members Answered

Are there any Opportunity Zones in the Virgin Islands or other U.S. territories?

10 Members Answered

How long is a “reasonable period”?

7 Members Answered

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

10 Members Answered

What are the top five states to invest in an OZ project to get additional tax benefits as well?

2 Members Answered

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

12 Members Answered

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

7 Members Answered

How likely is it that the OZ regulation will get extended instead of sunsetting on Dec. 31, 2047?

13 Members Answered

How can a QOF make investments in multiple Opportunity Zones?

5 Members Answered

How can CDFIs best participate in the OZ program?

1 Members Answered

How can my company qualify as a QOZB if I hire staff that work remotely outside of the zone?

1 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

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

4 Members Answered

How does the proptech sector work with Opportunity Zones?

2 Members Answered

How can I get an extension to the 31-month period for my working capital plan for my QOF?

10 Members Answered

How can I roll over funds into another QOF while keeping the OZ benefits?

1 Members Answered

How does IRS treat a group of sellers in a related party sale?

5 Members Answered

How are investments into the senior housing sector considered in the OZ market?

1 Members Answered

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

7 Members Answered

Can you contribute a note payable instead of cash to an QOF?

8 Members Answered

Are Qualified Opportunity Funds considered a security that is regulated by the SEC?

8 Members Answered

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

7 Members Answered

Are there any benefits to delaying the date at which I establish a QOF? 

12 Members Answered

What happens if an S corporation that owns a share of a QOF changes ownership? 

8 Members Answered

What is the difference between the applicable financial statement valuation method and the alternative valuation method when it comes to leased tangible property?

4 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 my business meet the 50 percent active gross income test?

6 Members Answered

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

8 Members Answered

How do we determine if the QOF meet the 90% test?

5 Members Answered

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

5 Members Answered

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

12 Members Answered

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

11 Members Answered

How can I get an extension to the 30-month period after the acquisition of a property to make improvements?

5 Members Answered

How can operating businesses that lease property qualify as QOZBs?

4 Members Answered

Can I combine a 1031 exchange with an Opportunity Zone investment?

7 Members Answered

How can I qualify to defer paying tax on my capital gain from selling stock?

1 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

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

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

11 Members Answered

Are there any QOFs investing in Covid-19 treatments, research or protective gears?

1 Members Answered

Can I use capital from a QOZ sale for other purposes?

7 Members Answered

How worried should I be about the penalties for failing to maintain QOZ assets?

6 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

What can I include to satisfy the substantial improvement test?

3 Members Answered

What does the “anti-abuse rule” mean in practice?

9 Members Answered

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

10 Members Answered

What is the requirement on the timing of OZ Investments?

6 Members Answered

How strict is the “sin list” rule?

9 Members Answered

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

9 Members Answered

Can a QOF itself invest in another QOF?

14 Members Answered

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

10 Members Answered

What does it mean for investors that Hawaii approved legislation S.B. 1130 to conform its tax code to the Internal Revenue Code?

9 Members Answered

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

7 Members Answered

Does a mobile home park qualify as a QOZB?

2 Members Answered

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

10 Members Answered

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

6 Members Answered

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

3 Members Answered

What kinds of OZ investment transfers don’t qualify as inclusion events?

8 Members Answered

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

10 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 can OZ investment be combined with LIHTC and NMTC investments?

2 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

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

3 Members Answered

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

3 Members Answered

How do I report an OZ deferral on my taxes?

5 Members Answered

How will the recent coronavirus bills change when and how I file my taxes for my QOZB?

1 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

How can I use an SDIRA to invest in an opportunity zone?

2 Members Answered

What happens with the OZ deadlines now when the tax filing deadlines have been moved to July due to the coronavirus crises?

6 Members Answered

What data was used to identify eligible tracts for the OZ program?

12 Members Answered

What are the three safe harbors that a QOZB need to meet to fulfill the 50 percent test?

7 Members Answered

If my sales proceeds will be paid out in installments, how can I reinvest my capital gains in a QOF?

5 Members Answered

What happens if I need to transfer a qualifying investment in a QOF to my wife following a divorce?

3 Members Answered

Is it possible to sell QOF member interest in a QOZB to new QOF members?

3 Members Answered

How can I combine the OZ tax incentive with Qualified Small Business Stock?

2 Members Answered

How can a county set up a QOF to attract investment in infrastructure or housing development?

6 Members Answered

What constitutes original use? What about raw land?

3 Members Answered

Does a QOZB have to meet the income requirement test during WCSH period?

2 Members Answered

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

3 Members Answered

What happens if a Qualified Opportunity Fund invests into a Qualified Opportunity Zone Business that fails to qualify as a QOZB at the end of the year?

3 Members Answered

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

10 Members Answered

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

2 Members Answered

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

3 Members Answered

How do you invest in a Qualified Opportunity Zone Business?

2 Members Answered

How can I start a QOF as an OZ investment in a rented space in QOZ?

1 Members Answered

How can a vacant building satisfy the original use requirement?

6 Members Answered

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

8 Members Answered

What happens if I need to move my business located in an OZ?

4 Members Answered

How can I pair a QOF with a Special Purpose Acquisition Corporation?

1 Members Answered

How can take advantage of Opportunity Zones while investing in the growing trend of urban e-grocery startups and mini-fulfillment centers?

3 Members Answered

What ESG strategy has the potential to work for most types of OZ investments?

1 Members Answered

Has there been a shift in where OZ investors chose to invest their funds?

9 Members Answered

How can I transform my limited liability company into a Qualified Opportunity Fund?

3 Members Answered

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

11 Members Answered

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

5 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

What are the criteria for real estate and other tangible property to qualify as QOZBP?

6 Members Answered

What if my QOZB is located in an OZ but my independent contractors spread across the country?

4 Members Answered

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

4 Members Answered

When can an equity interest in a QOZB be considered OZP?

2 Members Answered

When does the dividend distributions from my RIC and REIT start the 180-day reinvestment period?

1 Members Answered

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

7 Members Answered

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

2 Members Answered

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

6 Members Answered

What is the secondary market like for QOF investing?

2 Members Answered

What are the main differences between REITs and QOFs?

3 Members Answered

How can governors create new Opportunity Zones in their state if new areas become distressed?

3 Members Answered

What can the OZ industry do to push Congress for ESG-related measures in the OZ program?

1 Members Answered

If I add a third party to help me with my QOF, like a general partner, what rights do they have over my fund and investors?

1 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

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

3 Members Answered

What do the new regs say about the related party rules?

2 Members Answered

What are examples of reasonable causes for waiving the penalties for failing the 90% qualified asset testing at the QOF level?

1 Members Answered

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

4 Members Answered

Can the OZ program help with rebuilding after tropical cyclone Imelda hit Texas?

3 Members Answered

What does it mean for investors that the OZ designation was partly based on old census data?

7 Members Answered

Which data points can best offer insights about the likely trajectory of a given OZ market?

4 Members Answered

What benefits will I have if I take a two-tiered approach and create a Qualified Opportunity Fund and a Qualified Opportunity Zone Business as a structure compared to solely having a QOF?

2 Members Answered

How can taxpayers take advantage of the Opportunity Zone incentive and a 1031 exchange simultaneously?

2 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

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

5 Members Answered

How will the changed census tracts impact my OZ investment?

2 Members Answered

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

5 Members Answered

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

6 Members Answered

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

3 Members Answered

How can AI be used to determine OZs with richer investment potential?

3 Members Answered

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

4 Members Answered

How can I benefit from OZs on an Indian reservation?

1 Members Answered

How can I combine OZ transactions with other tax credits?

2 Members Answered

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

6 Members Answered

What happens if employees use intangible property outside the QOZ while working remotely because of Covid-19?

2 Members Answered

How can the OZ tax incentive help deliver economic recovery in the wake of the COVID-19 pandemic?

2 Members Answered

What are the risks of setting up project financing with both OZ and LIHTC investors?

2 Members Answered

What has IRS done to provide additional relief for QOZBs, QOFs and investors due to the COVID-19 pandemic?

2 Members Answered

How can an IRA or IRA-owned entity be a member of a QOF partnership entity?

3 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

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

5 Members Answered

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

5 Members Answered

How can I invest in a Qualified Opportunity Fund using cryptocurrency?

2 Members Answered

What happens if a developer purchases land before establishing a QOF or QOZB?

5 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 happens with the gain recognized on the sale of a capital asset in states not conforming with the OZ rules?

7 Members Answered

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

5 Members Answered

How does the newly issued notice by IRS on April 9 impact the OZ initiative for people impacted by the Covid-19?

2 Members Answered

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

2 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 do partnership tax rules apply if a Qualified Opportunity Fund is structured as a partnership for federal tax purposes?

2 Members Answered

What happens if a QOF sells QOZ property right before the 90% testing date?

3 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

For a business to qualify for QOF funding, how much is “substantially all” when it comes to the business’ tangible business property?

3 Members Answered

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

4 Members Answered

What are the requirements to get certified as a Qualified Opportunity Fund?

1 Members Answered

What happens if Opportunity Zone investors want to exit simultaneously around the 10-year mark?

2 Members Answered

Do I need to be an accredited investor to invest in Opportunity Zones?

2 Members Answered

When is the first 90% test reporting deadline for a Qualified Opportunity Fund?

3 Members Answered

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

4 Members Answered

What is the safe harbor for reasonable amounts of working capital in a QOZB?

2 Members Answered

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

4 Members Answered

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

5 Members Answered

What risks could family office investors face in an OZ investment?

2 Members Answered

What are the consequence of an QOZB having all employees working remotely for over six months?

1 Members Answered

How can art collectors benefit from Opportunity Zones?

10 Members Answered

Can a golf course be an exemption to the sin business list if it is open to the public and operated in conjunction with a hotel?

6 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 is blockchain changing CRE transactions in OZs?

2 Members Answered

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

2 Members Answered

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

5 Members Answered

How can I combine the OZ and New Market Tax Credits programs?

3 Members Answered

How long can I continue to hold an OZF beyond 10 years to continue to benefit from the tax-free growth of the investment?

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

4 Members Answered

How can investors monitor, measure and track progress against impact objectives for their OZ investments?

4 Members Answered

Does a fund need to file with the SEC for my investments to qualify for the OZ tax incentive?

5 Members Answered

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

3 Members Answered

What can be included in the “facts and circumstances” provision for unique situations when it comes to fulfilling the 50% test for a QOZB?

2 Members Answered

What methods do the new regulations provide for gross sourcing revenue for a QOZB?

2 Members Answered

How can CDFIs participate in the OZ program and who would provide their capital market investments?

1 Members Answered

Why are QOFs a beneficial alternative to 1031 exchanges for real estate investors?

3 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

How can I combine an EB-5 project with the OZ incentive?

6 Members Answered

Why must the “substantial improvement” test be applied on an asset-by-asset basis, rather than on an aggregate basis?

4 Members Answered

What happens if a QOF or business has generated ordinary income from the sale of depreciated personal property at the time of exiting after 10 years?

5 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

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

4 Members Answered

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

4 Members Answered

What happens if I donate an interest in a QOF to a charity?

3 Members Answered

What is the difference between the GAAP valuations and the alternative valuation method that can be used for leased asset qualification testing?

3 Members Answered

Has there been a shift of multifamily OZ projects moving to tertiary markets?

3 Members Answered

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

8 Members Answered

How can I get an extension when self-certifying with Form 8996?

2 Members Answered

What is the process for investing in a charter school in an OZ?

3 Members Answered

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

5 Members Answered

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

5 Members Answered

How can progress on local economic impact be measured and reported by a QOF?

3 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

How is an QOF investment treated if the investor dies?

3 Members Answered

Would a manufacturer in an OZ who sells its products nationwide count as a QOZB?

3 Members Answered

Do partnership tax rules apply in an QOZF?

5 Members Answered

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

4 Members Answered

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

5 Members Answered

What constitutes original use and substantial improvement when it comes to QOZP?

2 Members Answered

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

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 can I transfer a property, which I co-own with my colleague, into a QOF?

5 Members Answered

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

6 Members Answered

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

6 Members Answered

What needs to be written into a purchase agreement when selling a property where the gains may be rolled into a QOF?

6 Members Answered

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

7 Members Answered

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

4 Members Answered

How can QOFs bring in main-street investors into OZ investments?

3 Members Answered

How can I use crowdfunding to raise funds for my QOF?

4 Members Answered

How can I take advantage of IRS’ tax relief for OZ funds and investors due to the coronavirus pandemic?

2 Members Answered

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

3 Members Answered

Is there any truth to OZs causing gentrification?

4 Members Answered

How do the securities laws apply to the dual-tier structure of QOFs and its management?

3 Members Answered

What if my OZ business facility includes some of the activities listed on the “sin” list?

2 Members Answered

Can I sell my QOF and what should I think about?

4 Members Answered

How can I make an investment directly into an QOZB?

3 Members Answered

What are my risks with investing in a QOF?

5 Members Answered

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

4 Members Answered

Why do I need a qualified intermediary for a Section 1031 transaction but not to place an investment in an QOF?

7 Members Answered

How can gains from the sale of cryptocurrency be deferred under QOZ rules?

6 Members Answered

How is the OZ program compatible with Qualified Small Business Stock (QSBS) rules?

4 Members Answered

How can I best use venture capital to support my startup company in an OZ?

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

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 happens if I donate my QOF interest to charity?

2 Members Answered

How can PropTech interact with real estate and business investments in Opportunity Zones?

1 Members Answered

If I sold property this year as a shareholder of an S corp, how do I best take advantage of the OZ program?

6 Members Answered

Why do I need to invest by Dec. 31, 2019, to get the full OZ benefit?

8 Members Answered

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

3 Members Answered

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

3 Members Answered

What are the rules for triple net leasing when it comes to OZ investments?

5 Members Answered

How is cash treated for the asset test at the QOF level and the tangible property test at the QOZB level?

2 Members Answered

What is the process if I want to lease equipment instead of buying for my QOZB?

1 Members Answered

Under what circumstances can leased property be qualified property?

2 Members Answered

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

4 Members Answered

How can I screen a fund manager for experience and competency before investing in any QOF?

6 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 do I start my own QOZB?

3 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

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

7 Members Answered

What’s included in the annual Dec. 31 testing requirements for QOF?

4 Members Answered

How can relocating my business to an OZ qualify it to benefit from the OZ tax incentive?

1 Members Answered

Why are my funds tied up for 135 days when moving from a 1031 exchange to a QOF?

2 Members Answered

How many QOFs can I receive OZ funds from?

5 Members Answered

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

2 Members Answered

How can my existing business, which was operating within an OZ prior to 2018, benefit from the OZ initiative?

4 Members Answered

How do the final regulations provide more flexibility regarding the substantial improvement requirement?

4 Members Answered

How can fund sponsors raise OZ capital outside the U.S.?

4 Members Answered

What requirements must qualified opportunity zone property fulfill?

4 Members Answered

Can a QOF capitalize another QOF?

6 Members Answered

When does the 180-day QOF investment period start for pass-through entities owners?

7 Members Answered

In response to the recent earthquake in Puerto Rico, are there new projects or funds we can invest in to help rebuild the island?

3 Members Answered

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

6 Members Answered

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

3 Members Answered

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

3 Members Answered

If I buy a QOZBP and put solar on the roof, does the full cost of the solar count towards the substantial improvement of the building?

2 Members Answered

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

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

5 Members Answered

What counts as “inclusion events” for an investor to recognize the gain they deferred into an OZ?

2 Members Answered

How can I use my capital loss carryover to pay deferred capital gains tax?

4 Members Answered

After the 10-year holding period, what happens if all investors want to exit at the same time?

5 Members Answered

How can a QOF sell assets?

4 Members Answered

Are cannabis businesses in OZs still subject to tax code 280E?

2 Members Answered

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

2 Members Answered

What are the rules regarding my vacant structure in an OZ and original use?

2 Members Answered

How can I best prepare to submit my taxes if I am an OZ investor?

2 Members Answered

How will IRS conduct tests to ensure that investments maintain at least 90% of their assets in an OZ?

3 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

How do I value improvements to an existing property?

1 Members Answered

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

8 Members Answered

How is the value calculated when an OZ investor contribute property to a QOF rather than cash?

2 Members Answered

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

2 Members Answered

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

2 Members Answered

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

2 Members Answered

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

5 Members Answered

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

3 Members Answered

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

4 Members Answered

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

4 Members Answered

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

4 Members Answered

How can I combine an ETF with the Opportunity Zone tax incentive?

2 Members Answered

What does it take for leased tangible property to be considered qualified opportunity zone business property?

1 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 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

How can a building owned by an LLC qualify as a QOZBP in an OZ?

2 Members Answered

What does “substantially consistent” mean for Opportunity Zone projects that had to change their written plans because of the pandemic?

1 Members Answered

What would be the best state to launch an AI server farm in an Opportunity Zone if I want to take advantage of additional tax incentives?

3 Members Answered

When does the permanent exclusion apply to sales of assets by the QOF?

2 Members Answered

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

3 Members Answered

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

2 Members Answered

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

4 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 apply for aid from the federal stimulus package to help my QOZB?

2 Members Answered

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

3 Members Answered

What changes were made in the new regulations about the working capital safe harbor?

2 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

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

4 Members Answered

How come leases from a local government or an Indian tribal government do not need to be at “market” terms?

2 Members Answered

What are the pros and cons of a single asset fund versus a blind pool fund in an OZ?

1 Members Answered

How can art collectors benefit from the OZ tax incentive?

3 Members Answered

How can I find QOFs looking to invest in a certain state?

3 Members Answered

In terms of the equity raise, at what point does a PPM have to be drafted?

3 Members Answered

How are the proceeds from the sale of a property by a QOF treated when it comes to the 90% asset test?

3 Members Answered

How can I find out which QOFs and OZs generate the most jobs?

3 Members Answered

How can a QOF reinvest gain and still be excluded from paying taxes on those funds?

2 Members Answered

How would it impact the Opportunity Zone market if Biden’s proposal to abolish the 1031 exchange for properties over $500,000 passes?

3 Members Answered

Does QOFs have a minimum investment or is that up to each fund?

2 Members Answered

Can a nonprofit create a QOF for the down payment of their facility to take advantage of the OZ tax incentive?

2 Members Answered

How can my triple-net-lease be considered an active conduct of a trade or business?

4 Members Answered

What happens if there is a donation of QOF interest to charity?

3 Members Answered

How can I use crowdfunding to raise OZ capital for my project?

1 Members Answered

What happens if I invest in an Opportunity Zone after December this year?

5 Members Answered

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

4 Members Answered

When investing in a QOF, are the gains also exempt from state and local taxes?

4 Members Answered

How can I extend my tax filing deadline for my QOF past July 15?

2 Members Answered

What are the rules on operating my OZ investment?

3 Members Answered

After having invested in a QOF, what happens with distributions from the project in the opportunity zone?

4 Members Answered

What do I need to do to get the expenditure period extended for my project in an Opportunity Zone, which has been affected by a federally declared disaster?

3 Members Answered

If I purchase two side by side lots that are both within a Qualified Opportunity Zone, does the substantial improvement criteria apply to each lot separately or overall?

2 Members Answered

How can my charity take advantage of the Opportunity Zone incentive by creating a public private partnership?

3 Members Answered

How can I create a QOF to purchase new single family constructions in an Opportunity Zone?

3 Members Answered

How can my work with Section 8 Housing take advantage of the OZ tax incentive?

2 Members Answered

What are the benefits of structuring a Qualified Opportunity Fund as a REIT instead of a partnership?

1 Members Answered

How is “substantially all” determined when it comes to tangible property in a Qualified Opportunity Zone Business?

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

How can a QOF reinvest proceeds from the sale of property and defer the taxable gain?

3 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 happened with Hemp Opportunity Zones?

1 Members Answered

What’s the process for a married couple who earns capital gains, can one of the spouses invest the whole gain separately or do they need to invest in a QOF together?

2 Members Answered

Does the OZ legislation provide any benefits to C-Corp investors?

2 Members Answered

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

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 are the specific debt terms necessary to obtain a step-up outside basis?

2 Members Answered

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

4 Members Answered

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

6 Members Answered

Can an EDC group be a member on a single asset LLC QOF?

1 Members Answered

What changes to the OZ program can we anticipate with Biden as president and his Build Back Better plan?

1 Members Answered

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

3 Members Answered

How can I best check that a QOF comply with all standards so my investment is safe?

1 Members Answered

Can an OZF sell assets?

4 Members Answered

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

4 Members Answered

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

2 Members Answered

How likely is it that new OZs will be designated or the boundaries of an OZ be adjusted?

2 Members Answered

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

3 Members Answered

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

2 Members Answered

Why would it be beneficial to invest in suburban office assets in OZs?

1 Members Answered

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

6 Members Answered

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

4 Members Answered

What are the requirements on the limitations of fees charged to a QOZF?

2 Members Answered

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

3 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

How likely would IRS extend the investment window again for OZ investors?

1 Members Answered

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

3 Members Answered

How could the presidential election outcome affect tax incentives?

3 Members Answered

How can cities encourage investments in census tracks that have suffered long periods of disinvestment?

4 Members Answered

How can an existing business utilize the OZ tax incentive for expansion?

1 Members Answered

I just learned that my company is located in an OZ. What can I do to take advantage of this?

3 Members Answered

What counts as an inclusion event in my QOF?

3 Members Answered

What SEC rules do I need to follow to raise capital from outside investors in my QOF?

2 Members Answered

Which states are offering the most beneficial incentives in addition to the OZ program?

2 Members Answered

What happens if I don’t report an Opportunity Zone investment on my taxes?

3 Members Answered

How is it possible to launch a fund and start the capital raise and then at a later stage elect to make it a Qualified Opportunity Fund?

2 Members Answered

How can I transfer my limited liability company to become a Qualified Opportunity Fund?

3 Members Answered

What changes or new regulations can we anticipate to the OZ program as a result of the election outcome?

4 Members Answered

What does it mean for OZ investors that four more states legalized recreational marijuana in the election?

2 Members Answered

How can I launch a QOZB with remote workers by having an address in an Opportunity Zone?

2 Members Answered

What happens if reinvestment of the proceeds from a sale of property by a QOF is delayed?

3 Members Answered

How can my QOF hold land for investment purposes and receive OZ benefits?

4 Members Answered

How can investors receive OZ benefits when a QOF sells its underlying assets?

4 Members Answered

How is the term ‘substantially all’ defined when it comes to a QOZB’s tangible property and how it is used in an OZ?

4 Members Answered

How is the term ‘substantially all’ defined when it comes to a QOZB’s tangible property and how it is used in an OZ?

4 Members Answered

When is property considered substantially improved in an OZ?

2 Members Answered

How can I benefit from OZs as a small direct investor and developer?

2 Members Answered

How can I get my corporation certified as a Qualified Opportunity Fund?

3 Members Answered

What kind of reform of the OZ legislation might we anticipate from the Biden administration?

2 Members Answered

What type of businesses work best as QOZ businesses?

2 Members Answered

How much time do I have to make substantial improvements to my OZ property after purchase?

2 Members Answered

How can a QOZB meet the 50% of gross income test?

5 Members Answered

What does a “non-qualified” asset in a QOF or QOZB mean?

2 Members Answered

What’s the criteria for a vacant property with a building to be considered original use property in an Opportunity Zone?

2 Members Answered

What happens if tangible property is acquired with covered working capital under the new Final Regulations for Opportunity Zones?

2 Members Answered

How does the 31 months safe harbor plan work on an asset by asset basis?

1 Members Answered

How can my non-profit benefit from the Opportunity Zones?

1 Members Answered

What does IRS’ notice 2021-10 to extend the Covid-19 relief to funds and OZ investors mean for OZ professionals?

1 Members Answered

How can tangible property previously not used in an OZ qualify as original use?

5 Members Answered

What are the provisions for an investor to invest in a QOF?

1 Members Answered

How can I combine Qualified Small Business Stock with Opportunity Zones?

2 Members Answered

Do secondary purchases of QOF interests count as eligible interest for deferral?

6 Members Answered

What does the extended relief in Notice 2021-10 mean when it comes to the 90% test and reasonable cause relief?

2 Members Answered

How can my QOF reinvest proceeds from the sale of a building and defer the taxable gain?

2 Members Answered

Why does equity capital from the OZ incentive provide many advantages over debt?

1 Members Answered

How much of the aggregate unadjusted tax bases of the property of a QOZB can be attributable to nonqualified financial property?

4 Members Answered

What happens if I can’t reinvest my deferred gains within 180 days in a Qualified Opportunity Fund?

3 Members Answered

How can you get a cash-out refinance on a property you buy in cash in an Opportunity Zone?

2 Members Answered

What impact would a capital gains tax increase by the Biden administration have on the Opportunity Zone marketplace?

2 Members Answered

How can I combine cryptocurrency mining while taking advantage of the Opportunity Zone tax incentive?

4 Members Answered

How can I buy a single family home in an Opportunity Zone and use it as a rental home business?

2 Members Answered

What happens if a Qualified Opportunity Fund fails the 90% requirement?

3 Members Answered

What are the notarization requirements of non filed documents in Opportunity Zones?

1 Members Answered

Which type of gain is deferred first: section1231 gain or unrecaptured section 1250 gain?

3 Members Answered

What happens If the reinvestment of the proceeds is delayed because I have to wait for government actions?

3 Members Answered

How can I form a QOZB/QOF to acquire a non-US tech startup?

1 Members Answered

How can my machinery count as qualifying assets in my QOF if they are not located in the Opportunity Zone?

4 Members Answered

What is the benefit of third-party fund administration for Qualified Opportunity Funds?

1 Members Answered

How can I reduce my American tax without renunciation of my citizenship by relocating to an Opportunity Zone in Puerto Rico?

1 Members Answered

How can I use Section 1202 to allow investors to realize additional tax incentives in operating businesses in Opportunity Zones?

2 Members Answered

What happens with my 2021 Opportunity Zone benefits since New York’s budget included provisions to decouple New York from IRC Sec. 1400Z-2?

2 Members Answered

How do I report an inclusion event for my QOF on my taxes?

3 Members Answered

Can I transfer my Opportunity Zone investment from one fund to another?

3 Members Answered

How can I as a non-resident alien defer capital gains into a QOF?

2 Members Answered

What are the compounding benefits of opportunity zone investing?

2 Members Answered

How can we expect Biden’s new Build Back Better plan to impact the Opportunity Zone program?

1 Members Answered

Now when New York has legalized the use of recreational marijuana, how will that impact my Opportunity Zone investments in the cannabis area?

2 Members Answered

How can I invest in Opportunity Zones using crowdfunding?

2 Members Answered

How is computer software acquired from a related party considered in an OZ transaction?

2 Members Answered

How can I set up my Opportunity Zone fund to allows investors to choose between different OZ projects?

2 Members Answered

How can I as a direct EB-5 investor also take advantage of the Opportunity Zone program by establishing my business in an Opportunity Zone?

1 Members Answered

How can I combine the New Markets Tax Credit program with the Opportunity Zone program?

2 Members Answered

Why can’t I invest non-capital gains into an opportunity zone?

4 Members Answered

How can I amend my federal tax return to defer tax on gain invested in an Opportunity Zone?

1 Members Answered

What would happen if the Opportunity Zone incentive got extended until the end of 2028 under proposed legislation?

2 Members Answered

How can I transfer property other than cash as an investment to a Qualified Opportunity Zone?

1 Members Answered

How can I transfer non-cash property as an investment to a QOF?

4 Members Answered

How can a cost segregation study help Opportunity Zone investors who have invested in structures?

1 Members Answered

How can I comply with the 5% NQFP limitation in Opportunity Zones?

2 Members Answered

How can I merge multiple QOF entities into a single QOF?

1 Members Answered

How can opportunity zones benefit investors who have gains in cryptocurrency?

3 Members Answered

How do I as a real estate investor launch a QOF and bring in capital?

2 Members Answered

How can I decline a tax deferral but still get step up in basis on new gain?

4 Members Answered

How can I elect to defer tax on gain if I have already filed my 2021 tax return?

4 Members Answered

How can I combine artificial intelligence and blockchain technology while investing in Opportunity Zones?

3 Members Answered

How can my C corporation get certified as a QOF?

4 Members Answered

What changes might we see in New York state since its 2021 budget appears to decouple NYS and NYC from the deferral provisions of the OZ rules?

2 Members Answered

What is the process for a gain recognized by a partnership?

3 Members Answered

How would the Ways and Means Committee’s proposed tax bill this week impact my IRA investments and Opportunity Zone investments?

2 Members Answered

What happens if my QOF fails to meet the 90% test?

2 Members Answered

How can I take advantage of the Opportunity Zone program and defer the tax on my gain if I have already filed my federal taxes this year?

2 Members Answered

How can my partnership get certified as a Qualified Opportunity Fund?

3 Members Answered

How can my nonprofit benefit from the Opportunity Zone tax incentive?

2 Members Answered

What is the definition of a “start-up” business when it comes to Opportunity Zones?

3 Members Answered

How can I as an investor of collectibles take advantage of the Opportunity Zone program?

2 Members Answered

How can I get the Opportunity Zone benefits for the property I bought in California?

3 Members Answered

How can my trust defer capital gains by investing in QOFs?

1 Members Answered

What happens if I need to move my Qualified Opportunity Zone Business to a different area not in an Opportunity Zone?

2 Members Answered

As a developer of affordable housing in California, what other tax credits in addition to the OZ tax incentive can I get if I build in an Opportunity Zone?

2 Members Answered

What happens if I give my qualifying investment in a QOF to my revocable grantor trust?

3 Members Answered

What should I check before investing my capital gains in an Opportunity Zone fund?

3 Members Answered

How can investing in Opportunity Zones minimize the impact of gift tax exemption changes in my estate planning?

1 Members Answered

How much capital gain can be deferred in a Qualified Opportunity Fund?

6 Members Answered

What kind of Opportunity Zone transactions may trigger the inclusion of deferred gains and sales?

3 Members Answered

What happens with the 70% tangible property requirement and Working Capital Safe Harbor when cash is invested by a start-up business in an Opportunity Zone?

1 Members Answered

How can I as a real estate developer accept payments in crypto currency for my QOF?

2 Members Answered

What happens when Opportunity Zones overlap with federally recognized tribal areas?

1 Members Answered

How can I use money earned from crypto currency to invest in a QOF to defer paying taxes?

3 Members Answered

How can I avoid that only part of my transfer of non-cash property into a QOF qualifies?

1 Members Answered

How can two QOFs partner with each other to create a large fund?

3 Members Answered

Can I still defer tax on capital gain I invested in a QOF since I have already filed my 2021 tax return?

4 Members Answered

How do I handle my gains if I am a partner in a partnership that generated capital gains?

3 Members Answered

How can I use leveraged distributions from a Qualified Opportunity Fund to pay deferred tax liability?

3 Members Answered

How long can I extend the initial 31-month working capital safe harbor for my “start-up” QOZB?

1 Members Answered

What is considered a reasonable reinvestment period for a Qualified Opportunity Fund?

2 Members Answered

What should taxpayers do who sell property this year but may not get the transaction closed by year end?

2 Members Answered

How can a cost segregation study help me save on taxes in an Opportunity Zone?

2 Members Answered

What are the compliance rules for OZ entities that hold crypto investments?

2 Members Answered

How would more reporting requirements for QOFs benefit the Opportunity Zone industry?

2 Members Answered

How can I best track ESG performance for my Qualified Opportunity Fund?

1 Members Answered

What happens if a QOF has gains income, would it be liable for tax on that income?

2 Members Answered

How can I buy a franchise and make that into a Qualified Opportunity Zone Business?

2 Members Answered

How can I take advantage of the OZ initiative if I invest in a hotel to convert it into multifamily housing?

3 Members Answered

How does secondary sales work for a partner who needs to divest before the end of the 10-year holding period?

3 Members Answered

Are there still states that do not conform to the federal Opportunity Zone program?

3 Members Answered

How can I defer taxes by investing my capital gain into a QOF property that I create?

2 Members Answered

How can I combine non-traded REITs with Opportunity Zones for maximum tax advantage?

1 Members Answered

How can I as a non-accredited investor take advantage of Opportunity Zones by investing smaller capital gains?

1 Members Answered

How could it help Opportunity Zone investors to institutionalize crypto exchanges?

1 Members Answered

Is there any effort to extend the Opportunity Zone program beyond 2026 so investors could get the full 15 % tax deferral?

3 Members Answered

What happens with my QOF if the introduced Growth and Opportunity Act (H.R. 4608) to extend opportunity zones past their current expiration of 2026 become law?

2 Members Answered

What’s the benefit of investing in a Qualified Opportunity Fund compared to a 1031 exchange?

3 Members Answered

As ESG moves to the forefront in the CRE industry, how can I invest in this asset class in a Qualified Opportunity Fund to defer my taxes?

2 Members Answered

How can municipalities best attract investors to rural Opportunity Zones?

3 Members Answered

How do we perform a due diligence process for Qualified Opportunity Funds?

3 Members Answered

If I give my Opportunity Zone investment to my child before the deferral period has ended, what do I need to do?

2 Members Answered

What are the pros and cons when a Qualified Opportunity Fund invests in multiple Qualified Opportunity Zone Businesses?

2 Members Answered

How will Biden’s proposed tax plan impact Opportunity Zone investors?

2 Members Answered

How do Qualified Opportunity Funds measure the impact they are having in the communities where they invest?

3 Members Answered

Do I have to be an accredited investor to take advantage of the Opportunity Zone incentive?

3 Members Answered

How can I get a tax break for the staff I hire in my QOZB?

3 Members Answered

How do Opportunity Zone investments compare with a 1031 exchange?

3 Members Answered

How can I combine the Opportunity Zone incentive with Wyoming’s Decentralized Autonomous Organizations?

1 Members Answered

How can I combine security tokens with Opportunity Zone investing?

1 Members Answered

What happens if an Opportunity Zone investor misses the Dec. 31 deadline to invest?

3 Members Answered

How can I create a Qualified Opportunity Fund and give as an investment holiday gift to my grandchild?

3 Members Answered

How should I as a QOF investor best structure a transaction when using cost segregation to have sufficient tax basis to benefit from the accelerated deductions?

2 Members Answered

As Covid-19 has changed the way our workforce operates to working remotely, how can this be incorporated in Qualified Opportunity Zone businesses?

3 Members Answered

How can venture capital incubators utilize the Opportunity Zone program structure?

1 Members Answered

How can I make my brewery into a Qualified Opportunity Zone Business?

2 Members Answered

How can I find a single-family residence in a Colorado or California Opportunity Zone and take advantage of the tax benefits while living in the house with my family?

2 Members Answered

How can my Opportunity Zone investment benefits be transferred to my surviving spouse in case of my death?

1 Members Answered

What happens with my gains if I terminate my Qualified Opportunity Fund?

2 Members Answered

How do I preserve my legacy wealth by incorporating Qualified Opportunity Funds in my estate planning?

1 Members Answered

How can Opportunity Zone investing help with the housing crises?

4 Members Answered

Since South Florida is promoting itself as a cryptocurrency innovation hub and there is now a “MiamiCoin,” does that mean I can invest in Opportunity Zones using digital currency in this state?

2 Members Answered

How can I create a joint venture as a QOF for my project?

3 Members Answered

How is debt financing done in Opportunity Zones?

4 Members Answered

Does a Qualified Opportunity Zone Business need to have an address and employees in a QOZ?

3 Members Answered

What are my options when it comes to deferring capital gains invested in a Qualified Opportunity Fund?

2 Members Answered

When does the 180-day deferral period for Qualified Opportunity Fund investing begin?

2 Members Answered

How does gains and losses work in Opportunity Zones?

2 Members Answered

How can we change to a single tier structure after Form 8996 has been filed without creating a inclusion event?

2 Members Answered

How can a Qualified Opportunity Fund establish a Qualified Opportunity Zone Business and the QOF then invest in the QOZB?

2 Members Answered

What are the requirements for merging a smaller QOF with a larger QOF?

1 Members Answered

How is the promoted interest structured in a QOF or a QOZB for the long-term capital gains income tax rate on its allocated share of profits?

1 Members Answered

What is the impact of crystallizing the promoted interest in an Opportunity Zone?

2 Members Answered

How should I handle a partnership when it comes to my Qualified Opportunity Fund?

1 Members Answered

How will IRS’ new rulings help me since I was late filing form 8996 to self-certify as a qualified opportunity fund?

1 Members Answered

With Biden developing a U.S. Central Bank Digital Currency, will I be able to use that in my QOF?

1 Members Answered

How can a municipality or city create a QOF for a public infrastructure project in an Opportunity Zone to attract investors?

1 Members Answered

What kind of impact can Biden’s executive order on cryptocurrency have for the Opportunity Zone industry?

1 Members Answered

Does an OZ Fund, LLC need to setup and own 100% of another LLC that invests in qualifying business property and businesses or does the OZ Fund, LLC make those investments directly?

2 Members Answered

What is the intangible test for an operating business in an Opportunity Zone?

2 Members Answered

How will SEC’s vote to advance new corporate disclosure requirements on climate change impact Opportunity Zone investments?

2 Members Answered

What happens if I sell my Opportunity Zone project before 10 years?

3 Members Answered

Can I buy a property in an Opportunity Zone with my 1031 and only get the tax benefit of the 1031 exchange?

3 Members Answered

How can I create a Qualified Opportunity Fund to benefit when rebuilding my single family property in an Opportunity Zone?

3 Members Answered

With the FY 2022 national median income set at $90,000, will the Opportunity Zone locations be impacted?

5 Members Answered

How does Opportunity Zone investing work in a non-conforming state?

2 Members Answered

With New Jersey’s legalization of recreational marijuana, how will that impact a cannabis business in an Opportunity Zone?

2 Members Answered

What is the deal with reinvested capital gains in an Opportunity Zone, is it double taxed?

4 Members Answered

How can I invest in a Qualified Opportunity Fund using my capital gains from cryptocurrency?

5 Members Answered

How can I permanently exclude gains investing in an Opportunity Zone?

4 Members Answered

Are Opportunity Zones still a good investment while interest rates are rising?

1 Members Answered

How do I set up my LLC as a Qualified Opportunity Fund?

4 Members Answered

How can I create a crowdfunded Qualified Opportunity Fund?

3 Members Answered

Can I get additional tax deductions if I invest in an Opportunity Zone with ESG initiatives?

2 Members Answered

What is the benefit for entrepreneurs to start a business in an Opportunity Zone?

1 Members Answered

What does it mean for Opportunity Zone investors and QOFs in New York after the state’s senate voted to end the program?

2 Members Answered

How can I allow crypto investors in my Qualified Opportunity Fund?

2 Members Answered

How can my development in an Opportunity Zone both be a REIT and a QOF?

2 Members Answered

How can California be a top state for Opportunity Zone investment if it’s a non-conforming state to the OZ incentive?

4 Members Answered

How will the Executive Order on Ensuring Responsible Development of Digital Assets impact Opportunity Zones?

1 Members Answered

Must an OZ Fund invest in an existing business located in an Opportunity Zone or can the QOF create a new business that it owns 100%?

2 Members Answered

What happens with my existing Opportunity Zone investments if the Transparency, Extension and Improvement Act passes to extend the incentive through 2028?

2 Members Answered

How can I best combine investing in boutique hotels and Opportunity Zones?

2 Members Answered

How can I start a charity in an Opportunity Zone and benefit from the tax incentive?

2 Members Answered

What is the benefit of Qualified Opportunity Fund compared to a DST in an Opportunity Zone?

1 Members Answered

What is the scope of New York’s decoupling from the OZ program?

2 Members Answered

What types of gains are eligible for deferral if I invest in a Qualified Opportunity Fund?

3 Members Answered

How can CDFIs take advantage of Opportunity Zones?

1 Members Answered

How can I benefit from Opportunity Zone investing in my estate planning?

1 Members Answered

Would I have to pay capital gains on a investment property before transferring the gains into an OZ Fund?

2 Members Answered

I own several large properties directly across the street of a large Opportunity Zone in the Phoenix area of Arizona, and the business on both sides of this street is the same industry. Is there a waiver or application to qualify for the OZ tax incentive?

2 Members Answered

What happens if a QOF fails and there is no reasonable cause?

3 Members Answered

How does a corporation or partnership become certified as a Qualified Opportunity Fund?

2 Members Answered

Is it better to structure an Opportunity Zone Fund as an LLC or a REIT?

3 Members Answered

What happens if the Opportunity Zone project I invest in fails, am I protected?

2 Members Answered

Do Opportunity Zone businesses need to conduct most of their business within Opportunity Zone tracts, or will it be sufficient if the majority of the business’ assets are located in Opportunity Zone tracts (property, equipment, etc.)?

2 Members Answered

How does the Opportunity Zone program work with short-term capital gains?

3 Members Answered

How can a Qualified Opportunity Fund make investments in multiple Opportunity Zone projects?

2 Members Answered

Is there a minimum or maximum investment amount for Opportunity Zone investments?

2 Members Answered

How can I as an OZ investor report on my taxes that I have invested in different OZ projects?

4 Members Answered

How can an investor invest directly into an Opportunity Zone business to qualify for associated tax incentives?

6 Members Answered

What happens if a business located in an OZ moves?

2 Members Answered

What happens with my OZ investments if the program sunsets on Dec. 31, 2026?

3 Members Answered

How will the high interest rate impact Opportunity Zone investing?

2 Members Answered

How can we as an Indian tribal government use the benefit of Opportunity Zones for infrastructure projects?

1 Members Answered

How can I set up my own qualified opportunity fund to allocate my capital gain?

2 Members Answered

How is depreciation treated before refinancing in an OZ real estate investment?

2 Members Answered

How can third-party assistance help my QOF remain in compliance?

1 Members Answered

How can I sell my Qualified Opportunity Fund and keep the Opportunity Zone incentive active without any lapse for my investors?

2 Members Answered

How can I save on my taxes by investing in an Opportunity Zone in Puerto Rico?

2 Members Answered

How can I use REITS on the QOZB level?

2 Members Answered

How do I best structure a QOF if I want to include both commercial development and business ventures?

2 Members Answered

How can I as an Opportunity Zone investor help with the situation in Puerto Rico following the hurricane?

1 Members Answered

How can our economic development agency attract more Opportunity Zone capital to our rural community?

2 Members Answered

How can I purchase an autoshop property in an Opportunity Zone and convert it into medical clinics?

1 Members Answered

When budgeting the substantial improvement cost, what kind of valuation model can we use to measure the land value in an Opportunity Zone?

1 Members Answered

If I purchase land in an Opportunity Zone, do I need to build within a specific time to qualify for the tax incentive?

1 Members Answered

How can I buy an Opportunity Zone property to turn into an Airbnb and make it qualified to be QOZB?

1 Members Answered

Is there a way to invest my capital gain from a recent project in an Opportunity Zone while permanently excluding taxes on the principal investment?

1 Members Answered

Is it worth considering investing in a non-traded REIT in an Opportunity Zone?

1 Members Answered

How can I take advantage of the Opportunity Zone incentive if I construct a building on OZ land that I bought more than 30 months ago?

1 Members Answered

What is the timeline for when the 180-day rule kicks in when it comes to an Opportunity Zone transaction?

1 Members Answered

If I were to transfer an existing property to an Opportunity Zone, would the holding period of the property be applied to when I originally acquired it or at the date of the transfer to an OZ?

1 Members Answered

What capital is eligible for Opportunity Zone benefits?

1 Members Answered

How can my vacant land located in an Opportunity Zone benefit from the tax incentive?

1 Members Answered

How can I invest in Opportunity Zones using a partnership?

1 Members Answered

Does purchasing a property being developed by a major developer in an Opportunity Zone qualify as original use?

1 Members Answered

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OpportunityZone.com verifies attorney members before placing them on this website. Not all professionals pass the verification process, and we are not paid by members in any way for verified badges. The entire verification process is performed by OpportunityZone.com staff members based in Irvine, California.

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If we encounter any serious criminal violations on BeenVerified.com, this disqualifies the applicant from obtaining the verified badge from OpportunityZone.com. For attorneys that practice law in the united states, a staff member on our team uses best efforts to check the attorney is in good standing with the bar association of the state in which they practice law.

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