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


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  • Matthew Rappaport
    July 26, 2021

    Pretty simple, you operate the franchise out of a Qualified Opportunity Zone (QOZ) entity and concentrate operations in a QOZ location. If you're running a bona fide business, the rest of the compliance should be straightforward.

  • Marko Belej
    July 26, 2021

    In general, an entity that seeks to be a qualified opportunity zone business (QOZB) needs to operate a business in an opportunity zone (OZ) and use sufficient tangible property that counts as qualified opportunity zone business property (QOZBP) (70% of the entity's total tangible assets). In the case of a franchise, an additional consideration is that at least 40% of a QOZB's intangible assets must be used in a business in an OZ. This means that if the franchise rights are used for stores/restaurants located outside an OZ, and such use exceeds 60%, the franchise rights might need to be held in a separate entity and not in the QOZB (and the QOZB should hold locations in the OZ). On the other hand, if the rights will be used only for locations in an OZ, then qualification as a QOZB should not be that different from any other business.

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