fbpx

Investment Opportunity Act helps distressed areas, generates tax savings

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”2/3″][vc_column_text]

Hidden in the 2017 Tax Cuts and Jobs Acts is a program called the Investing in Opportunity Act, which can bring much needed investment to some of the nation’s distressed communities, including more than 100 locations in South Florida.

The program allows for investment in new businesses and in education, particularly charter schools and skills-training programs. It is gaining in popularity as a new real estate development program because investors can reinvest their eligible capital gains (no amount too small or too large) into recognized “opportunity zones”—economically distressed areas where investments can be eligible for tax benefits. The program provides two main tax incentives; it allows for the deferral of tax on capital gains invested and it excludes from gross income the post-acquisition gains on investment in qualified opportunity funds held long-term.

The investment can be passive or active depending on the investor’s ability to locate, identify and execute an opportunity zone project. Investors have the ability to pool their money with other investors in an opportunity fund.

“Many investors are willing to provide the capital, but lack the wherewithal to locate and execute investment opportunities in communities that need it,” says the Economic Innovation Group, a Washington, D.C.-based policy and advocacy organization dedicated to empowering entrepreneurs and investors to energize the U.S. economy.

How do you get started? Familiarize yourself with following and how they work together to stimulate investment.

Qualified Opportunity Zone

QOZs help revitalize distressed communities and create jobs. States were required to submit nominations for low-income communities to the U.S. Treasury secretary by April 20, for certification. Based on current legislation, all QOZs that were designated by the June 18 deadline must terminate no later than Dec. 31, 2028.

The list of QOZs, which includes more than 100 locations in South Florida, can be found at www.irs.gov/pub/irs-irbs/irb18-28.pdf.

Qualified Opportunity Fund

QOFs are organized for the sole purpose of investing in a QOZ business. The fund can be a set up as a corporation or partnership for tax purposes to self-certify as a QOF. The investor receives either stock or an interest in the fund. The QOF must hold at least 90 percent of its assets in a QOZ property. There is no cap on the amount of money that can be invested in QOFs.

A QOF can provide deferral of capital gains, a possible reduction of the amount of gain realized through a basis adjustment, a possible permanent exclusion of gain on the appreciation for the interest in a QOF, and QOFs are self-certified by completing and attaching a form to their tax returns in the year they are established. (As of deadline for this issue, we were still awaiting issuance of the IRS form.)

Real estate developers can establish a fund in order to generate third-party investment capital for their projects and use their fund to defer tax on the sale of capital assets. In addition, by investing the gain in a QOF, they will be paying less in taxes.

Passive investors benefit from deferral of tax payments on recognized gains for up to eight years with up to a 15-percent gain reduction and the possibility of avoiding any income tax on the QOZ investment if held for at least 10 years.

Qualified Opportunity Zone Property

This can include a QOZ tangible property acquired in 2018 or beyond, which is used in a QOZ business. Use of the property in the QOZ originates with the fund, or the fund substantially improves the property. It can also include QOZ stock or a QOZ partnership interest.

Qualified Opportunity Zone Business

A QOZ business is defined as a trade or business in which:

• At least 70 percent of its tangible property, owned or leased, is a QOZ business property.

• At least 50 percent of its total gross income is derived from the active conduct of its business.

• A substantial portion of its intangible property is used in the active conduct of its business.

• Less than 5 percent of its property is nonqualified financial property.

• No portion of its proceeds is used to provide (including the provision of land for) any private or commercial golf course, country club, massage parlor, hot tub facility, suntan facility, racetrack or other facility used for gambling, or any store of which the principal business is the sale of alcoholic beverages for consumption off premises.

Lou Fuoco is a certified public accountant and CEO of The Fuoco Group, which offers accounting and tax services, financial planning, wealth management, exit planning, income and estate tax planning, retirement planning, risk management and commercial lending. He can be reached at 561.209.1101 or lfuoco@fuoco.com.

[/vc_column_text][/vc_column][vc_column width=”1/3″][/vc_column][/vc_row]

You May Also Like

State Legislature Drops the Job Growth Ball

By Gary Press   With Florida facing historically high unemployment because of the COVID-19 pandemic, one would think our state government would be pulling out all of the stops to

Rethinking Sales Today

Today, more organizations increasingly are facing more competition, rapidly changing technology, slower market growth and less product differentiation. This trend requires business development professionals to manage more accounts, build stronger

The Future of the Office

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”2/3″][vc_column_text] As I talked to my many office tenants in the first few weeks of the national shutdown, they were pleasantly surprised

Is your sales manager managing time well?

Is your sales manager balancing priorities properly? How do you know? Today a big question faced by most executives is, what is my sales manager doing and what should he

Other Posts

And Justice For All

By Monica St. Omer   Monica St. Omer has been working with me for eight years. She is my right-hand but so much more. She is a wonderful soul who

Keeping us connected

As a company that doesn’t directly serve the general public, SBA Communications might be called the quiet giant of the South Florida business scene even thought it’s on the S&P

Lessons learned

As I write this column, South Florida has yet to enter into a phase one reopening, lagging the rest of the state. I hope readers and their businesses are negotiating

The Unseen Enemy

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”2/3″][vc_column_text] As I wrote my column in March for the April issue, the COVID-19 virus was just starting to wreak havoc in

Drew Limsky

Drew Limsky

Editor-in-Chief

BIOGRAPHY

Drew Limsky joined Lifestyle Media Group in August 2020 as Editor-in-Chief of South Florida Business & Wealth. His first issue of SFBW, October 2020, heralded a reimagined structure, with new content categories and a slew of fresh visual themes. “As sort of a cross between Forbes and Robb Report, with a dash of GQ and Vogue,” Limsky says, “SFBW reflects South Florida’s increasingly sophisticated and dynamic business and cultural landscape.”

Limsky, an avid traveler, swimmer and film buff who holds a law degree and Ph.D. from New York University, likes to say, “I’m a doctor, but I can’t operate—except on your brand.” He wrote his dissertation on the nonfiction work of Joan Didion. Prior to that, Limsky received his B.A. in English, summa cum laude, from Emory University and earned his M.A. in literature at American University in connection with a Masters Scholar Award fellowship.

Limsky came to SFBW at the apex of a storied career in journalism and publishing that includes six previous lead editorial roles, including for some of the world’s best-known brands. He served as global editor-in-chief of Lexus magazine, founding editor-in-chief of custom lifestyle magazines for Cadillac and Holland America Line, and was the founding editor-in-chief of Modern Luxury Interiors South Florida. He also was the executive editor for B2B magazines for Acura and Honda Financial Services, and he served as travel editor for Conde Nast. Magazines under Limsky’s editorship have garnered more than 75 industry awards.

He has also written for many of the country’s top newspapers and magazines, including The New York Times, Washington Post, Los Angeles Times, Miami Herald, Boston Globe, USA Today, Worth, Robb Report, Afar, Time Out New York, National Geographic Traveler, Men’s Journal, Ritz-Carlton, Elite Traveler, Florida Design, Metropolis and Architectural Digest Mexico. His other clients have included Four Seasons, Acqualina Resort & Residences, Yahoo!, American Airlines, Wynn, Douglas Elliman and Corcoran. As an adjunct assistant professor, Limsky has taught journalism, film and creative writing at the City University of New York, Pace University, American University and other colleges.