Any taxpayer that has a capital gain qualifies. The same rules that would apply in green card holders or us citizens also apply.
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How can a nonresident alien and foreign corporations with capital gain be eligible for QOF deferral?
And why does an eligible taxpayer, who is treated as a resident of a different country because of an income tax treaty, not qualify?
Answers
To qualify for the investment, the gain must be taxable for federal income tax purposes. Therefore, any taxpayer, resident or not that realizes such gain, may elect to benefit.
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