Selling to invest in Opportunity Zones

Selling to invest in Opportunity Zones

Real Estate Broker · Knoxville, MD · Member since 2014 · 17 posts · 7 votes

10 years as a Realtor and there is still so much to learn! As a member of my local Economic Development Council, I recently started learning about Opportunity Zones. It was a little hard to grasp at first, but after attending a few seminars and talking with a trusted CPA I think I finally have a handle on it.

If you don't know what they are, Google them and you'll get maps and all kinds of web sites of investment companies and financial advisors telling you about joining a fund to invest in them, but it's much simpler than that. Here is a link to the IRS site with some informative FAQs.

https://www.irs.gov/newsroom/opportunity-zones-frequently-asked-questions

In a nutshell, Opportunity Zones were created in all 50 states, DC and the U.S. territories to generate economic growth in rural and lower income areas, both commercial and residential, by encouraging investment in those areas. Investing in an Opportunity Zone allows an investor to reduce, or completely erase, federal capital gains tax on the sale of a property, stocks, etc. depending on how long the purchased property is held. It's a little similar to a 1031 exchange, but there's no intermediary needed and no escrow that has to be set up. In a 1031 exchange, you can only defer the tax, but if you hold an Opportunity Zone investment for at least 10 years, the tax is erased AND so is any capital gains on the appreciated value of the property when it is eventually sold. You only have to make the purchase or investment within 180 days of creating the capital gains event under an S-Corp or partnership LLC, and you self-certify with the IRS when filing your taxes. If you sold a property or stock in 2018 and bought a hold property, so long as it's in a partnership LLC or and S-Corp, it's worth it to check and see if that property is in an Opportunity Zone, because you can also refile your taxes to take advantage.

My husband and I had been looking at a large buy and hold property and knew we needed to sell one of our first investment properties to have the down and closing, but when we discovered it was in an Opportunity Zone that made our minds up because we could avoid the considerable federal capital gains tax that was going to be created by the sale of our smaller property. What's MORE is that the property we are selling is ALSO in an Opportunity Zone, so the new buyer gets to take advantage of that. Because of this, we are now planning to sell a second property to invest in a TBD Opportunity Zone property. Maybe we'll buy a small hotel in Puerto Rico? The entire island is a designated Opportunity Zone!

So now, I also have a way to convince owners of vacant buildings in our local downtown area (who have only been hanging onto these empty buildings as a tax write off, to the city leaders' eternal frustration) to sell their Opportunity Zone properties and allow for more economic growth in town, then reinvest their proceeds in another Opportunity Zone property, so they can create economic growth there, as well as take advantage of the tax reduction or erasure.

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Investor · New York city, NY · Member since 2015 · 21 posts · 12 votes
7y

@Kelly Putz thank you for the information.. I happen to have purchased property within an opportunity zone.. great strategy!

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  • Investor · New York city, NY · Member since 2015 · 21 posts · 12 votes
    7y

    @Kelly Putz thank you for the information.. I happen to have purchased property within an opportunity zone.. great strategy!

  • Rental Property Investor · Wiesbaden, Germany · Member since 2019 · 49 posts · 50 votes
    7y
    @Kelly Putz, great info! I've never heard of Opportunity Zones before. Thank you for sharing
  • Lien VuongBusiness Member
    Real Estate Agent · Boston, MA · Member since 2018 · 2k+ posts · 1k+ votes
    7y

    This is a great strategy and a proactive approach to the betterment of the community! Thank you for sharing. 

  • Developer · . · Member since 2014 · 520 posts · 162 votes
    7y

    @Kelly Putz how does a partnership LLC differ from a LLC. Can an individual invest in an opportunity without a partner?

  • Real Estate Broker · Knoxville, MD · Member since 2014 · 17 posts · 7 votes
    7y

    Hi Shadonna,

    According the CPAs I spoke to, and the IRS FAQ page, the LLC must be a partnership, not an individually owned one. So you may want to get a friend or colleague to go in with you, or find a fund to invest in.

    A partnership LLC is simply an LLC that has more than one member/owner.

  • Scott KronePro Member
    Investor · Northbrook, IL · Member since 2017 · 352 posts · 295 votes
    7y

    @Kelly Putz, @Shadonna N. - There certainly are advantages for investing in an Opportunity Zone.  A few important items to clarify.  It is not just buying the property, investing an amount in proportion to the purchase is also required.  50% of the acquisition price is required to improve the property.  

    Second, the investment has to be made via an Opportunity Fund. The IRS does not want an A to A investment - meaning if Person A can not invest in a property owned by Person A. Disqualified investors similar to IRA's is the governing rule. So Person A invests in Opportunity Fund, then Opportunity Fund (B) invests in the Property owned by LLC (C). So, the transaction is A to B to C, not A to A.

    Here is a blog we posted in response to when they originally came out.  It is an general overview.  That being said, updated clarifications have come out as recently as last week.  https://blog.codamg.com/what-you-need-to-know-about-opportunity-zones

  • Real Estate Broker · Knoxville, MD · Member since 2014 · 17 posts · 7 votes
    7y

    @Scott Krone - Hi Scott, so if my husband and I are buying a property in an OZ for $625,000, that is already 100% occupied by renters and essentially does not need any work done to it, are you saying we need to put $312,500 into it for the IRS qualification???

  • Scott KronePro Member
    Investor · Northbrook, IL · Member since 2017 · 352 posts · 295 votes
    7y

    @Kelly Putz  - I would encourage you to read the newly release guidelines.  That being said, that is how we read it.

  • Real Estate Broker · Knoxville, MD · Member since 2014 · 17 posts · 7 votes
    7y

    @Scott Krone Can you put up a link to these guidelines? i went through the IRS site and didn't seen anything regarding this, only:

    To qualify for deferral:

    • capital gains must be invested in a qualified opportunity fund (QOF) within 180 days
    • the fund must hold at least 90 percent of its assets in qualified opportunity zone property
    • investment in the QOF must be an equity interest, not a debt interest
  • Member since 2018 · 16 posts · 14 votes
    7y

    @Kelly Putz The purpose of qualified opportunity funds is to encourage economic development, not merely to encourage purchasing assets in the opportunity zones. Among the many other requirements, is the requirement that you must substantially improve the property if you're buying an existing property. Under the IRS regulations (treasury regulation section 1400Z-2), substantial improvements requires that you invest at least 100% of the original cost of the current improvements on the land. Based on your example, if we assume that of the $625K, $400K was for the improvements (and not the land), you would be required to invest at least an additional $400K into the property within 30 months.

    @Amanda Han wrote an excellent article on investing in QOFs that I'd encourage you to take a look at, as it goes into much more detail. https://www.biggerpockets.com/blog/opportunity-zones-tax-savings

    Disclaimer: Although I am an attorney, I am not your attorney. This post does not create an attorney-client relationship. This post does not constitute legal advice. You are encouraged to seek legal advice specific to your situation regarding the subject matter of this post.

  • Real Estate Broker · Knoxville, MD · Member since 2014 · 17 posts · 7 votes
    7y

    @Luke Klaiber Hi Luke, I read through Amanda's article and it doesn't mention anything about requiring an investment in improvements on the property purchased. And there's no mention of it, that I can find, on the IRS website.

  • Scott KronePro Member
    Investor · Northbrook, IL · Member since 2017 · 352 posts · 295 votes
    7y

    @Kelly Putz  The best site is the IRS.  Here is a good overview summary from PWC

  • Member since 2018 · 16 posts · 14 votes
    7y

    @Kelly Putz Amanda talks about it in the section titled "Qualified Opportunity Zone Properties," under the 2nd bullet point. As to the source of the requirement, it comes from the internal revenue code, I'm not sure about where the IRS mentions it on their website or even if they do--here is a link: https://www.law.cornell.edu/uscode/text/26/1400Z-2. 

  • San Diego, CA · Member since 2013 · 16 posts · 30 votes
    7y

    @Kelly Putz

    You actually need to double your basis on the property minus the cost of land in order to qualify. So if the structure is worth say 300k you need to add improvements of at least that much in order to qualify for tax benefits. 

  • Andrew FauknerPro Member
    Rental Property Investor · Modesto, CA · Member since 2014 · 102 posts · 35 votes
    7y

    @Kelly Putz I have been looking at the OZ investments since word of them first came out. From what I have read, you do have to make an "investment" in the property after purchase. Remember, you are trying to improve the OZ. I had thought that if you bought the property for $625,000, you would have to invest another $625,000 to improve the property, but @Luke Klaiber Luke's description makes more sense to me that the improvements are worth $400,000 so you have to invest another $400,000 to improve the property. And remember, all this money needs to come from capital gains to take the tax advantages.

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