Opportunity Zone Investment Rationale
Investors appreciate the potential to reduce capital gain tax exposure by utilizing the benefits currently available under the Opportunity Zone program.
Investors appreciate the potential to reduce capital gain tax exposure by utilizing the benefits currently available under the Opportunity Zone program.
Investors in the stock market have done particularly well since the recession. The S&P 500 nearly tripled between 2009 and 2016. The Dow Jones Industrial Average rose more than 140 percent between 2009 and 2017. Investors are sitting on significant unrealized capital gains that could go a long way toward jump-starting communities. Opportunity Zones create enough incentive to attract the first investor or developer into a distressed area, which becomes a tipping point for additional investment.
Under the program, an investor can defer capital gains tax on realized gains if the gains are invested in a qualified Opportunity Fund within 180 days of the sale which created that gain. All capital gains on the sale or or exchange of any property to an unrelated party invested within 180 days are eligible for the tax benefits.
Initially, the tax basis is deemed to be zero. However, if the Opportunity Fund investment is held for at least 5 years, the basis is increased to 10 percent of the deferred gain. Finally, if the Opportunity Fund investment is held past December 31, 2026, the investor will be deemed to realize the deferred capital gains as of December 31, 2026. In addition, the investor will pay capital gains tax on the amount of recognized gains as of that date (determined as described above, with basis adjustments if applicable).
The basis is then adjusted to equal the amount of the original Opportunity Fund investment. Finally, if the investor holds the Opportunity Fund investment for at least 10 years, the basis is deemed to be the fair market value of the Opportunity Fund investment and no capital gains tax will apply to the appreciation on the Opportunity Fund investment.
The Opportunity Zone Investment program is structured to promote development in economically distressed communities by providing tax incentives for Opportunity Zone Investing. Investors divert their investment gains – tax-deferred – into a Qualified Opportunity Fund that invests in businesses and property development within a Qualified Opportunity Zone. Additional tax incentives are available the longer the Opportunity Zone investment is held.
The Qualified Opportunity Zone program has the potential to induce measurable investments in designated low-income communities. This is an exciting new tool for designated rural and distressed communities throughout our state and the rest of the country, that also provides a meaningful tax benefit to investors and another business opportunity for financial intermediaries. What role will you play?
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