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All Forum Posts by: Levi Chuculate

Levi Chuculate has started 1 posts and replied 3 times.

Yes obviously if I understood everything perfectly, I wouldn't be on this forum asking. That is the point of the forum. I'm fully aware of the requirements of the QOF, how long I need to hold the property to exclude gain, and inside/outside basis. 

The part that there isn't much guidance on is how to run the fund. Assume no money came from outside investors aside from my one partner. In that sense, all the money is under my control and only affects us taxwise. In that scenario, I'm trying to decipher if it follows normal partnership rules or if there are special considerations. Obviously, a rational person isn't going to spend every dollar in the business account and would be pointless to let all cashflow sit in cash at a bank and never make any money personally.

If you have any information to share, that would be appreciated. Otherwise, you telling me I don't have a good understanding is useless to me. I am trying to do everything accurately and legally. There just isn't much guidance available. 

Yes I'm much more concerned with taxes. I assume since I have plenty of basis, I would pay no tax as I'm not overdrawing my basis. On the other hand, I am technically taking possession of money from the "gain" which is all deferred as part of the Opportunity Fund. 

As a theoretical example, 

Say I made $500k from the sale of property and put that gained money into an opportunity fund. I buy $300k worth of opportunity zone property in the opportunity fund. The rest of the money sits in cash in the opportunity fund. Can I then withdraw the other $200k tax free as an owner withdrawal from the fund. In this case, it shouldn't be income but rather a return of basis, right?

I’ve recently entered into an opportunity fund partnership. To be clear, I did not passively invest in a fund. I started the fund. I’m a general partner of the fund. It seems all the rules regarding what to buy and how are relatively clear. One thing I’m not able to find, is if I as an owner can take draws from the company and if there are any restrictions. I’m about to sell a property at a large gain. Obviously the majority of the money will stay in the fund and I’ll reinvest into opportunity zone property; however, I would like to take an owners withdrawal as well. Any CPAs or experts on opportunity funds from the perspective of the GP that can help?