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How can tangible property previously not used in an OZ qualify as original use?


Answers
  • Joseph Luna
    March 26, 2021

    The original use test is determined based upon whether tangible property, for purposes of depreciation or amortization, had previously been placed in service in an qualified opportunity zone. If it has, the tangible property must be substantially improved. If it has not, the tangible property will satisfy the original use requirement so long as the Qualified Opportunity Fund or Qualified Opportunity Zone Business is the first to have used that property in a qualified opportunity zone for purposes of depreciation or amortization. This effectively allows used tangible property to qualify as original use property when you are the first to have depreciated or amortize the tangible property in an opportunity zone.

  • Matthew Rappaport
    March 28, 2021

    Original use does not imply you are the first taxpayer to use the property at all; rather, the requirement is about being the first taxpayer to use the property in the OZ. You can bring tangible property from outside the OZ into the OZ and achieve original use status.

  • Guy Nicio
    March 26, 2021

    A. If it was vacant for 5 years. B. If it is substantially improved by doubling the basis (cash invested) of the "improvements" portion of the property. You do not need to double the land portion.

  • Valerie Grunduski
    April 26, 2021

    The final regulations allowed for the original use requirement to be satisfied, if a property has never been placed "in service", or was abandoned/out of service at designation and within various timelines.

  • Maria De Los Angeles Rivera
    April 12, 2021

    A QOZB may purchase it and use it in an active trade or business in a zone, or it can lease it to be used in an active trade or business in a zone.

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