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

Can my nonprofit client use a QOF to build its facility in a QOZ and lease it for ten years, then use part of the lease as a down payment and set a sales price? I’ve heard that non-profits have to buy the property at market value. My client do not want to do that as they want to set the price. Is there a change to the regulation (or exemptions) to attract non-profits to serve the community by allowing them to use a 10-year lease to their own terms?


Answers
  • Matthew Rappaport
    July 08, 2020

    This sounds like it could work, depending on who exactly owns the QOF, but you'll also need to navigate the other NFP tax and governance rules, which might be tricky.

  • David LeGrand
    July 07, 2020

    The answer to this would require significant research. I do not understand how your economics would work for the investors. At the end of the tenth years, the property would need to be sold at fair market value.

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