Had an OZ question in DM's today that is worth turning into a thread.
Let’s say someone has a $400,000 capital gain that she wants to put in an OZ fund
Is she able to break it down into $100K groups and put it with different GPs?
I think that she could accomplish this in 2 different ways.
Before acting on any of this please consult with CPA and/or tax attorney (I am not either).
The easiest would be to invest directly into 4 separate OZ Funds that are managed by GP's.
If she invested into multiple funds but only had 1 gain then she needs to make sure to get them all done within the correct 180 day period
If the gain is from an investment where she gets a K-1, she must pick ONLY 1 of the below methods for investment timing into OZ Fund:
•180 days after gain actually occurs
•180 days after entity calendar year end
•180 days after K-1 is first due
The alternative way to do it would be to create and then invest into her own "Captive OZ Fund" with all $400k. Same timing applies
Then she could find 4 different GP's that were offering investment directly into their QOZB's. There are several active on Twitter (including me)
The hard part may be finding 4 GP's that need money into QOZB's at roughly the same time.
She would only have 180 days between funding the QOF and putting money into the GP's QOZBs
I think using the OZ structure is by far the most tax efficient way to participate in Real Estate investing and I am glad that people are asking questions
If you are a GP actively doing OZ deals please reach out.
I am putting together a Twitter list which will hopefully be a resource for OZ investors.
Ling-term goal is to create a well educated gang of OZ investors with their own QOF’s who want to compound very tax efficiently.
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Here is an OZ strategy that I have been brainstorming which I think displays the power of the program.
This is advanced stuff but do it right and there may be a LOT of tax avoided.
I am not a CPA or Tax Attorney. Do your own research!!
Step 1: Start an OZ Fund
This can sound daunting but an OZ fund is an LLC with special language in the operating agreement and IRS guidelines that CPA and tax attorney can help to navigate
Step 2: Get money into your OZ Fund
The 1st IRS guideline is that “eligible gains” need to be the initial capital for the OZ Fund. In a unique quirk…this can be a tiny amount of money ($10?). The rest could come from “non-eligible” funds and be papered as a loan to the OZ fund
The correct terminology is “Captive QOF”. A captive QOF is one that is formed, funded, and managed by the investor.
Thread below on why I think investors should take advantage and GP’s should be setup to take money from QOF’s
1/14
A QOF has compliance requirements to keep tax benefits. Failing to satisfy these requirements at any point could result in penalties ranging from nominal interest charge at the low end to a complete loss of the exclusion from tax on the gain resulting from the sale.
2/14
Being in control of your own captive QOF reduces compliance risk and puts you in control. Invest in OZ real estate directly or into QOZB’s from 3rd party sponsors.
Main rules: make sure the money is placed into OZ assets within 180 days and that 90%+ remains there.
3/14
There is misinformation out there and some of the headlines can be misleading. OZ incentive is a totally different program than 1031. You cannot 1031 into OZ!!
More below ⬇️
The Opportunity Zone program offers investors that pay US taxes (individuals, partnerships, corporations, foreign investors) certain tax benefits for rolling over their realized capital gains into a Qualified Opportunity Fund (QOF)
A QOF is an investment vehicle that files either a partnership or corporate federal income tax return and is organized for the purpose of investing in QOZ property.
Most commonly these are LLC's and can have 1 member or hundreds
Here is a story about how everything fell into place on one deal in 2015. Cedar Square Apartments. It made my partners and investors our first "real" money.
1/12
I am always on the hunt for my next deal.
One of the ways I search is on MLS. I always dream that a residential broker will misprice a big apartment deal.
2/12
It happened in 2015. The 116-unit deal in Cockrell Hill was listed by a cousin of one of the owners.
They asked $19k/unit which I was eager to buy it for
3/12