I do not believe you'll be able to do this. I think, you'll be on the hook for New York taxes, no matter what you do.
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What happens with my 2021 Opportunity Zone benefits since New York’s budget included provisions to decouple New York from IRC Sec. 1400Z-2?
Can I transfer my New York OZ investments to another OZ in a different state?
Answers
As you may have already noticed, any gains deferred in 2021 or later are subject to the NY decoupling rules. Please note that if you made an investment in 2021 that was traced back to 2020 gains, those would still be deferrable in NY. If you are not a New York resident, or your gain would not have been subject to NY tax, this current change should not impact your tax situation. At this time, the decoupling is strictly related to the deferral to 2026 and does not yet include the 10+ year hold benefit.
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