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


Answers
  • Matthew Rappaport
    April 13, 2022

    Yes, that should be fine, though you'll need further structuring if any co-investors want QOZ benefits for their capital.

  • Marko Belej
    April 13, 2022

    Yes, opportunity zone benefits are entirely elective, so if you buy property in an opportunity zone--even if you use a structure that satisfies all of the opportunity zone requirements--you won't get the opportunity zone benefits if you don't elect to obtain them. And the fact that an exchange property or replacement property is located in an opportunity zone will not hinder an otherwise valid 1031.

  • David LeGrand
    April 13, 2022

    Yes, you can 1031 into property located in an Opportunity Zone and get no Opportunity Zone tax benefits for a capital gain rollover.

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