Qualified Opportunity Zones
HLB Gross Collins has been an outstanding partner for our business for over 15 years. Wayne Gilmore and the partners and staff at HLB Gross Collins have supported our multi-national business tax and advice needs effectively and efficiently. Whether evaluating the tax and business consequences of an international or domestic job or completing the inevitable paperwork and tax returns required, HLB Gross Collins always provides the support we need. I highly recommend HLB Gross Collins to any business.
Steven R. Baardson, CFO & General Counsel
TransGlobal Energy, Inc.
OVERVIEW
The Tax Cuts and Jobs Act introduced IRC §1400Z-2 Special Rules for Capital Gains Invested in Opportunity
Zones. This section allows a taxpayer to elect to defer or
exclude from gross income gain on the sale or exchange of any property to an unrelated
party in the tax year of the sale or exchange if the gain is reinvested in
a qualified opportunity zone ("QOZ") within 180 days
of the sale or exchange. The amount of gain that can be deferred or excluded is
equal to the amount of gain invested in the QOZ.
Qualified Opportunity
Zones are nominated as such by the chief executive officer of a state, and
certified by the Secretary of Treasury. A "state" includes any U.S. possession
and a "chief executive officer" generally refers to a state's governor. The
designation as a QOZ remains in effect for 10 years beginning on the date of
designation.
- For a list of all designated Qualified Opportunity Zones,click here.
- For a map of all designated Qualified Opportunity Zones,click here.
DEFERRAL/EXCLUSION OF GAIN
The election allows
the gain to be deferred until:
- The investment is sold
or exchanged, or
- December 31, 2026,
whichever is earlier
When the taxpayer
reinvests in a QOZ property, the basis in the investment is initially zero.
However, basis can be increased by holding onto the investment for the
following periods of time.
- 5 years - basis is
increased by 10% of the gain originally deferred.
- 7 years - basis is
increased by 15% of the gain originally deferred.
- 10 years - basis is
increased to be equal to the FMV of such investment on the date it is sold.
There are some complications with this adjustment because of the sunset date
mentioned above.
DEFINITIONS
Qualified Opportunity Fund - Any investment vehicle which is organized as a corporation
or a partnership for the purpose of investing in QOZ property that holds at
least 90% of its assets in QOZ property.
Qualified Opportunity Zone Property - Includes property which is:
- QOZ Stock
- QOZ Partnership
Interest
- QOZ Business Property
For additional information, please contact your
tax advisor at HLB Gross Collins, P.C.
With international dealings, not all CPA firms are created equal. Frustrated with complicated and inaccurate advise by our previous CPA, we were referred to HLB Gross Collins. HLB has been there to get to know who we are and to help us grow along the way by making suggestions and referrals that work for our business. No question is too small or large, all receive respectful and timely replies. The personal, reliable and professional services that Iliana and HLB staff have provided has been beyond measure, in the more than 11 years since we made the change.
Marc Lacourly
Prime Industries Inc.
“Crunching Numbers” for me is only one of the many things I appreciate about HLB Gross Collins. Over the many years of working with Pauline, who I consider my accountant and friend, I have developed a relationship which reflects trust and loyalty. I know she has my best interest as a basis for all her advice. Caring may be the key word. She is always available to guide my decisions in a supportive and professional manner. I consider myself fortunate to be a client.
Sara Thomas