Hi Kathryn,
I think you can do it!
Here is how:
1. Ensure you had a taxable event (capital gains) from selling, real estate, stocks or a company within 180 days of your purchase.
2. Put the money into your OZ Fund (must be a partnership or corporation, an LLC can be set up to be taxed like a partnership), you will need to self certify using form IRS form 8996.
3. OZ Fund has 180 days to find a property to invest in and make improvements.
3. The fund must own equity in the property, 90% of the fund must be invested in the Opportunity Zone.
4. Search Zones here to ensure the property is actually in the zone:https://esrimedia.maps.arcgis.com/apps/View/index....
5. If you paid $100k for the property and $40k is land value and $60k is building value. You must invest $60k+$1 into the property to improve it.
6. Improvement must be made into the property within 180 days OR if you come up with a project plan with drawdowns you can have up to 30 months to complete renovations.
7. Note: taxes on the original capital gains must be paid on Dec 31st 2026.
8. Can hold the asset for 10 years and then sell it tax-free!
9. Or the program runs until the year 2048... You could compound your initial investment for the next 27 years and get it all back tax-free!
Opportunity funds can invest in real estate, stock in a private company and even new businesses!
Other things to note:
- The law is not 100% baked at this time but the lanes are there and funds are being set up, if you are not doing anything too exotic you are good to go!
- Currently, there is no basis for which land needs to be improved. The law is not intended for folks to buy land and hold it for 10 years without improving it. If you are going to buy land I'd say follow the above and improve within 30 months with a plan!
- Current law states you cannot invest in 1 single family home, they want multifamily investment. I'd advise on making multiple investments into multiple properties. A BRRR strategy starting with a few units might work out very well in OZ's!
- If you already own land in an OZ and have not met the 180-day timeframe above or purchased the land before Dec 31st, 2017 the only thing you can do to take advantage of this is to take on a partner and own less than 20% of the asset.
That should get everyone started hopefully. I always recommend consulting with your accountant and legal counsel before deciding to do anything with Opportunity Zones as everyone has different circumstances.