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How much capital gain can be deferred in a Qualified Opportunity Fund?

Is there a minimum or maximum? How can I invest ordinary income as well?


Answers
  • Joseph Luna
    May 10, 2021

    Investors are able to invest any amount of their otherwise taxable gains into a Qualified Opportunity Fund. While there is no minimum that must be invested, the maximum amount that can qualify for the tax incentives will be equal to the investors otherwise taxable gains. For example, an investor with $1,000,000 in eligible gains will be able to invest up to $1,000,000 into a Qualified Opportunity Fund, but the investor can invest any amount between $0-$1,000,000 into the Qualified Opportunity Fund and qualify for the tax incentives. The investor will simply owe capital gains tax on amounts that are not invested into the Qualified Opportunity Fund. Additionally, investors are able to invest ordinary income into a Qualified Opportunity Fund, but any amounts invested as ordinary income will not qualify for the tax incentives and may create a mixed funds investment if the investor also invests eligible gains into the fund. For example, an investor with $1,000,000 in eligible gain can invest $5,000,000 into a Qualified Opportunity Fund, but only 20% of their investment will qualify for the tax incentives.

  • David LeGrand
    May 10, 2021

    There is no lower or upper limit. Many funds are set up to accept non capital gain rollovers, but those get zero Opportunity Zone tax breaks.

  • Matthew Rappaport
    May 10, 2021

    No minimum and no maximum on capital gain, but you definitely cannot defer ordinary income at all.

  • Matt Campbell
    May 10, 2021

    There is no limit to the amount of capital gain that can be deferred in an Opportunity Zone Fund. There is no minimum nor no maximum, but no OZ benefits are conferred unless there is capital gain invested, including the tax free exit after 10 years. Ordinary income can be invested into an OZ Fund (making it a mixed fund), but the ordinary income will receive no OZ tax benefits. This is tracked on the tax return of the investing taxpayer.

  • Marko Belej
    May 10, 2021

    There is no minimum or maximum amount of gain that you can defer in a qualified opportunity fund (obviously, you can't defer more than you otherwise would have recognized). You cannot invest ordinary income, only capital gain.

  • Valerie Grunduski
    June 15, 2021

    There is no minimum or maximum in the provisions; so, any limitations would be set by the fund accepting your investment. While you can invest ordinary income into a QOF, the benefits are only related to the portion of your investment funded by deferred capital gains. As such, you might want to consider alternative investing or lending arrangements for any portion of your investment that cannot be traced to a deferred capital gain.

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