Selling Your Business with Real Estate Included

Selling Your Business with Real Estate Included?

Opportunity Zones (IRC Sections 1400Z-1, 1400Z-2): Revitalizing Communities

Discover how you can leverage both 1031 Exchange and Opportunity Zone Funds (OZ Funds) to potentially achieve full tax deferral! These powerful tools offer flexibility and strategic advantages for your real estate investment sales.

Selling Your Business with Real Estate Included?

Opportunity Zones (IRC Sections 1400Z-1, 1400Z-2): Revitalizing Communities

Discover how you can leverage both 1031 Exchange and Opportunity Zone Funds (OZ Funds) to potentially achieve full tax deferral! These powerful tools offer flexibility and strategic advantages for your real estate investment sales.

What Are Opportunity Zones?

A newer addition to the tax code, IRC Section 1400, commonly known as the Opportunity Zone (OZ) provision, provides attractive tax benefits. These include:

Deferred Gains

Delay taxation on eligible gains.

Tax Exclusion

Exempt new gains on assets held for at least 10 years.

A newer addition to the tax code, IRC Section 1400, commonly known as the Opportunity Zone (OZ) provision, provides attractive tax benefits. These include:

Key Benefits Timeline for OZ Funds

5-Year Investment

10% reduction in deferred gains.

7-Year Investment

15% reduction in deferred gains.

Post-2026

Capital gains tax due on remaining 85% of deferred gains.

10-Year Investment

100% tax exclusion on new gains (basis equals fair market value at sale).

What Works? Combining 1031 Exchange and Opportunity Zone Funds

There are three ways to effectively leverage these strategies:

01

1031 Exchange into OZ: A Fallback Option

While 1031 Exchange and OZ rules operate separately, an OZ investment can serve as a fallback. If replacement property is not identified within the 45-day window of a 1031 exchange, investors can redirect proceeds to an OZ Fund. From day 46, you have an additional 135 days (up to 180 days from the initial sale) to invest in an OZ Fund. Key Benefit: Unlike a traditional 1031 exchange, only the gain (not the entire proceeds) needs to be invested in the OZ Fund.

02

Combining 1031 Exchange and OZ Investments

Start by completing a 1031 exchange into a qualifying replacement property. Then, elect OZ Fund status for the entity holding the property. Deferred capital gains or syndicated funds can be used to substantially improve the property, enabling:

03

Using Both 1031 Exchange and OZ Strategies

Investors can split proceeds between the two strategies:

This hybrid strategy ensures proportional tax benefits for both 1031 exchange and OZ Fund investments.

What Does Not Work?

It’s crucial to understand what’s not allowed

OZ Funds as Replacement Property

OZ Funds are not considered like-kind real property under Section 1031.

Missed Timelines

Failing to reinvest within the required period disqualifies investments from OZ benefits. For example, proceeds from a 1031 exchange cannot be invested in an OZ Fund after the 180-day reinvestment window.

Key Takeaway:
Tailored Strategies Are Essential

Finding the right strategy—or combination of strategies—is vital for success. At DontPayTax.com, we advocate a team-based approach to ensure your specific financial needs are met. We’ll collaborate with your current tax professional (or provide one if needed) to determine the optimal path for your upcoming real estate sale.

Schedule a Free
Consultation Today!

Let’s help you unlock the full potential of these powerful tax tools. Book your appointment online now and start planning your investment success.

Disclaimer

The tax-related information on this page is for informational purposes only and should not be considered tax or legal advice. Always consult your tax or legal adviser before making decisions. Our team is happy to work with your adviser to craft the best strategy for your unique circumstances.

Preventative Measures for a Successful 1031 Exchange

To avoid these pitfalls, follow these best practices:

01

Start Early

Begin searching for replacement properties months before selling the relinquished property.

02

Work with a 1031 Exchange Services

A QI ensures compliance, manages funds, and guides you through the process.

03

Stay Organized

Keep meticulous records and adhere strictly to IRS deadlines.

04

Identify Backup Properties

Always list alternative options to safeguard against unforeseen issues.

Securities offered through Realized Financial, Inc. (“Realized”), a broker/dealer and member FINRA/SIPC. DontPayTax.com is not affiliated with Realized. Realized does not offer tax or legal advice. This site is published for residents of the United States only. Representatives may only conduct business with residents of the states and jurisdictions in which they are properly registered. Therefore, a response to a request for information may be delayed until appropriate registration is obtained or exemption from registration is determined. Not all of services referenced on this site are available in every state and through every representative listed. For additional information, please contact Realized’s Compliance department at 512-472-7171.