Opportunity Zones Fund Investing

A Game-Changing Solution

Opportunity Zones, introduced in the tax code under IRC Sections 1400Z-1 and 1400Z-2, provide a powerful alternative for investors facing a blown exchange. These zones are economically distressed areas identified for special tax benefits to attract capital investments and revitalize underserved communities. Opportunity Zone funds investments can be used stand alone, or in combination with 1031 Exchanges; however, you cannot exchange into an opportunity zone fund itself.

Key Benefits of Opportunity Zone Funds (OZ Funds)

Deferred Gains

Postpone capital gains taxes by reinvesting in OZ Funds.

Tax Exclusion

Completely exclude new gains on assets held for at least 10 years.

By reinvesting proceeds into OZ Funds, investors can align financial goals with impactful community investments.

How Opportunity Zone Funds Work

The incentives offered by Opportunity Zones are time-sensitive:

5-Year Investment

Enjoy a 10% reduction in deferred gains.

7-Year Investment

Benefit from a 15% reduction in deferred gains.

Post-2026

Pay capital gains tax on the remaining 85% of deferred gains.

10-Year Investment

Obtain a 100% tax exclusion on new gains.

Opportunity Zones offer a pathway for blown exchanges, ensuring your investments can still yield valuable tax advantages.

Creative Strategies with 1031 Exchanges and Opportunity Zones

Even if your 1031 exchange failed, combining these two strategies can provide smart alternatives:

01

1031 Exchange into OZ: A Fallback Solution

If replacement properties were not identified within the 45-day window, redirect proceeds into an OZ Fund instead. You have an additional 135 days (for a total of 180 days from the sale) to complete the OZ Fund investment process. Why it Works: Only the gain—not the full proceeds—needs to be reinvested into the OZ Fund.

02

Combining 1031 Exchange and OZ Investments

For those who successfully completed a 1031 exchange into a qualifying replacement property, deferred gains from other sources can still be invested into OZ Funds to substantially improve the property. This dual approach extends tax deferral while offering additional OZ tax benefits.

03

Maximizing Both Strategies

Split proceeds between a 1031 exchange and an OZ Fund to optimize tax deferral and gain exclusions. This strategy ensures proportional tax advantages and financial flexibility.

What You Cannot Do

Some actions won’t qualify, such as:

Using OZ Funds as Replacement Property

OZ Funds do not meet the “like-kind property” requirement under Section 1031.

Missing Deadlines

Reinvesting outside the 180-day window disqualifies OZ investments.

Understanding these limitations is key to preventing further missteps and ensuring compliance with IRS regulations.

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