It says that at least 40% of the entity's intangible property must be used in the entity's trade or business. I stress to people that this is not an invitation to stuff unrelated intellectual property or NFTs into your OZ entity; the anti-abuse rules will likely result in a bad time if you do that. But it does allow for incidental intangibles to exist inside the entity without spoiling qualification.
At least 40% of intangible assets of a qualified opportunity zone business must be used in the active conduct of a business in an opportunity zone (OZ). For this purpose, intangible property is used in the active conduct of a business in an OZ if (i) the use of the intangible property is normal, usual, or customary in the conduct of the business; and (ii) the intangible property is used in the OZ in the performance of an activity of the business that contributes to the generation of gross income for the business.
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