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When is tangible property considered to be OZBP?

What are the requirements that need to be met for tangible property to be OZBF? Are there any exceptions?


Answers
  • Wendi Kotzen
    September 23, 2019

    Tangible property is qualified opportunity zone business property if: it is tangible property used in the QOF's or QOZB's trade or business; it is either acquired by purchase from an unrelated party after Dec. 31, 2017, or leased after Dec. 31, 2017 (there are special rules for leases from related parties); if the original use of purchased property in the QOZ does not originate with the QOF or QOZB, the property must be substantially improved (more than its tax basis (at the beginning of a 30-month period) must be spent improving the property. The code says that a substantial improvement must be done during any 30-month period that the QOF or QOZB owns the property (which would mean that the amount that must be spent is tested at the beginning of the 30 month period selected by the QOF or QOZB). But there is some indication that the IRS and Treasury believe that the 30-month period starts on the acquisition date (which means that the amount that must be spent is more than the cost of the property). Lastly, during 90% of the QOF's or QOZB's holding period for the property, at least 70% of the use is in the QOZ. The QOZ tax rules are very intricate and complicated. You should consult with your tax advisors.

  • Valerie Grunduski
    September 23, 2019

    They are: acquired by purchase; from an unrelated party; after Dec. 31, 2017; original use or substantial rehab test met. There is also: original use commences in the QOF (there are some additional caveats as to what qualifies for original use); substantial improvement test requires that improvements equal to basis of purchased property during a 30-month period (OK to back out land). There is also substantially all use of the property is in a QOZ during substantially all of the time held by the QOF or QOZB

  • Maria De Los Angeles Rivera
    September 29, 2019

    Generally, QOZBP must be leased or acquired after Dec. 31, 2017, and originally placed in service in the OZ. Special rules apply for leased property. Also, exceptions for vacant property for five years and substantial improvement are provided for in the regulations.

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