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Law Blog

REAL ESTATE INVESTMENT: Gains that Qualify for Opportunity Zones

Gains that Qualify for an Opportunity Zone

Opportunity Zones offer some incredible tax incentives for all investors.  But, there are limitations to the kind of money that qualifies for the special tax treatment.

The good news is that, for purposes of a QF, what is considered «capital gains» is not just proceeds from the sale of real estate.  In fact, all of the following are qualified capital gains:

  • Sale of Real Estate
  • Sale of stocks and bonds
  • Sale of shares in a corporation
  • Sale of a partnership interest
  • Sale of cryptocurrency 
  • Sale of REIT
  • Sale of land
  • Sale of machinery
  • Sale of timber and other natural resources
  • Sale of unharvested crops and livestock
  • Gains from leaseholds (at least 1 year old)

In order to get the tax advantages available under the Opportunity Zone program, you have to invest «qualified capital gains.» 

So, for example, if you have put away some cash from your regular salary or other compensation, that money will not qualify for the tax benefits.  You can still put it in a Qualifying OZ fund («QF») if you want, but it will get the normal tax treatment because it is not considered «capital gains

So, as long as the funds you intend to invest can be defined as «capital gains,» you can invest in a QF and receive the very advantageous tax benefits of the Qualified Opportunity Zone program.

That is one significant advantage of the Opportunity Zone program over the traditional 1031 exchange.

See our related articles for more on how to take advantage of the Qualified Opportunity Zone program:

~ Jeff Harrington, Esq.