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Can a married same sex couple own a QOZB and get the tax advantages?

If I die, can I transfer ownership to my other QOFs to my same sex partner without penalties?


Answers
  • Marko Belej
    July 29, 2021

    Whether a transfer of a Qualified Opportunity Fund (QOF) interest between individuals will be an inclusion event (i.e., a triggering of deferred gain) depends on the type of the transfer, rather than on the relationship between the individuals. A transfer of a QOF interest by an individual to his spouse or same-sex partner by reason of his death generally will not be an inclusion event, but neither will a bequest to any other person. Conversely, an individual's sale, gift inter vivos, or transfer in connection with divorce, to his spouse generally will be an inclusion event.

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