Purchasing a building in an Opportunity Zone (OZ) can provide significant tax benefits under the Opportunity Zone program, created by the 2017 Tax Cuts and Jobs Act. Here's a breakdown of the tax benefits and timeline:
Tax Benefits:
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Deferral of Capital Gains:
- If you invest capital gains into a Qualified Opportunity Fund (QOF), you can defer paying taxes on those gains until December 31, 2026 or when you sell your investment, whichever comes first.
- Example: If you sold stock or real estate and reinvested the gains into a QOF, you'd defer the tax on the original gain.
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Reduction of Capital Gains Taxes:
- If you keep your investment in the QOF for at least five years, you qualify for a 10% step-up in basis on the original deferred capital gains.
- This means 10% of your original gains won’t be taxed when the deferral period ends.
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Tax-Free Growth on the New Investment:
- If you hold the QOF investment for at least 10 years, you won’t owe capital gains taxes on any appreciation of the investment in the Opportunity Zone.
- This applies only to the new gains from the QOF investment, not the deferred original gains.
Timeline for Key Dates:
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Day 1 - Reinvestment of Capital Gains:
- You must reinvest your capital gains into a QOF within 180 days of realizing the gain to qualify for benefits.
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5-Year Hold:
- To qualify for the 10% reduction in deferred capital gains taxes, you must hold your QOF investment for at least five years before December 31, 2026.
- Key Deadline: To maximize the 10% reduction, you must invest by December 31, 2021, as this allows five full years before the 2026 deadline. (This deadline has passed, so new investments won't qualify for this specific benefit.)
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10-Year Hold:
- If you hold the investment for at least 10 years, you can exclude gains from the appreciation of the QOF investment entirely.
- There’s no set end date for this benefit, as the program allows tax-free growth for investments held until 2047.
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December 31, 2026:
- Taxes on the deferred original capital gains must be paid. If the investment hasn’t been sold, the gain is still recognized and taxed.
Example Scenario:
- You sell stock on January 1, 2025, realizing $500,000 in capital gains.
- You reinvest that $500,000 into a QOF within 180 days, on June 1, 2025.
- On December 31, 2026, you pay taxes on the deferred gain, but with a 10% step-up in basis (if eligible).
- You hold the investment for 10 years, selling it in June 2035. If the investment appreciates to $1 million, the additional $500,000 gain is tax-free.
Requirements and Considerations:
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Substantial Improvement Rule:
- If purchasing a building, you must significantly improve it within 30 months. The investment in improvements must at least equal the purchase price of the building (excluding land value).
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Qualified Opportunity Fund (QOF):
- Your investment must be made through a QOF, which is an investment vehicle specifically designed to invest in OZ properties.
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Location & Compliance:
- Ensure the property is within a designated Opportunity Zone, and verify that your plans comply with IRS and local regulations.
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Professional Advice:
- Consult with tax professionals and attorneys familiar with Opportunity Zones to ensure compliance and to structure your investment effectively.
Would you like more details on setting up a QOF or the substantial improvement requirements?