QOZ, or OZ, QOF, Qualified Opportunity Zones/Funds.
Whatever you call them they were established with the Tax Cuts and Jobs Act of 2017, and they are a great strategy to defer and reduce taxes.
The Act presents one of the few chances in the tax code to receive an exemption, which is probably the Holy Grail of all tax - Take gains and never pay tax on them ever.
All of this while allowing you to roll your investment dollars into a very tax efficient vehicle - SMB or RE
As part of the TCJA, congress provided a break for people to invest in a "Qualified Opportunity Zone". These are set, generally low income, areas that are designated at the state level.
1. Take capital gains from the sale of a capital asset or exit event. 2. Defer the capital gain until 2026, and receive up to a 10% reduction by holding for 5 years. 3. If you hold for 10 years, elect a step up in basis and sell tax free until 2047!
Expanded -
Similar to a 1031 exchange, the principle of a QOF is deferral of gains into another asset, but there are several differences:
a. The deferred gain can be any capital asset, not just real property. It can be sale of stock, a company, property, art, etc.
b. You are able to pull your basis out, and only invest the gain into the QOZ, in any amount you would like to defer. This is important because of c.
c. In 2026 the deferred gains come do. If you held for 5 years (invested by 12/31/21) you will receive a 10% reduction in gain...
... If you held for 7 years (you made your investment in a QOF by 12/31/19) you will receive an additional 5% reduction, for a 15% total.
You will need to have the cash to pay the capital gains tax deferred at that point in time.
d. A QOF doesn't have to buy Real Estate, it can also buy or invest in an SMB (a QOZB). The assets do not need to satisfy the "like kind" requirement.
e. Substantial improvement and investment must be done to the asset purchased, which is why many folks opt for new development.
f. Finally - the opportunity to elect a step up in basis and exempt any further gain on your investment if it is held for 10 years. Note this is an election, so if the investment goes down in value you would still have the basis to take the loss.
g. Similar to a 1031, you have 180 days to invest in a QOF, then there are regulations as to timing the QOF to deploy the cash and what it may purchase.
Unlike a 1031, you do not have to keep your gains with a qualified intermediary, and you do not have to invest all the gains.
This is great for anyone with a built in capital gain that also wants to invest in a QOZ.
You know I hate tax driven investments..
Ideally you - 1. Have an investment you love. 2. Learn it is in a QOZ 3. Have a large CG, and the potential tax burden is keeping you in the deal.
A QOF can be as simple as a partnership between spouses (or you and a GP entity) that elects through Form 8996, or as complex as a multi billion dollar fund (they are out there).
You can sell some stock and go buy and fix up a rent house, or invest w a syndicator in a building.
THE PITFALLS 1. The liability that the operator does not manage the QOF correctly. These contracts should be written that this burden falls back on the operator, and they usually are
2. That you buy a deal that is overpriced or you don't like just to save tax. Don't do that!
3. You don't plan to pay your deferred taxes in 2026. Don't do that either..
4. Like any deal, that by the time you jump through hoops and hurdles to meet the requirements, the deal is not as attractive.
This is a somewhat high level overview on the subject, on which a small textbook could probably be written. @MichaelKitces has an excellent article on the subject for some deeper reading.
A lot of talk on #RETwit about 1031 exchanges, and for good reason.
Exchanges are a fantastic tool to grow wealth over a lifetime and even a great estate planning tool in passing tax free, stepped up wealth to your heirs.
Explanation of theory, execution and more. THREAD👇🏼👇🏼
Owning and operating a SMB is the best tax deal in America.
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Whether you have a $10,000 side hustle or $10MM enterprise, earning business income opens up amazing opportunities for tax savings and wealth creation.
Let’s walk through how it works
(thread below ⬇️)
Expenses -
Business income opens up an opportunity that W-2 employees do not enjoy - bonafide business expenses.
Of course direct costs incurred are deductible, but many expenses exist in your life already. When you have business income you get to spend them before tax.
Most employees are running a no deductible office at home - now claim business phone bills, home office utilities, dues, travel, education and legal that you spend regardless.
The other deduction opportunity is business use of your personal assets including auto and home use.
2. Ease of collection - we use @PaySimple to auto bill clients. Client signs an engagement letter and billing auth and we bill monthly on the first. No waiting, no accounts receivable, no uncollectibles.
3. Smooth cash flow - really nice for a seasonal business like ours.
4. Guaranteed cash flow - I have not had one client fire me from the monthly service. There were a few modifications and concessions during lock down, but having ongoing cash flow helped keep my business (and clients who employ MRR models) healthy during March - June.