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Learn about the federal Opportunity Zone Program, its tax incentives, benefits, and requirements to unlock capital gains for investments in designated lower-income areas.
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Harrisonburg Opportunity Zones October 14, 2019
WHAT IS THE OPPORTUNITY ZONE PROGRAM? • It is a place-based community development tax incentive • Became law as part of the federal Tax Cut and Jobs Act of 2017 • Purpose: Unleash capital locked in highly appreciated assets and encourage investment in designated lower-income census tracts
HOW DOES IT WORK? • Capital gains are invested in real estate OR businesses within qualified zones • Need to maintain the investment for at least 5 years; 10 years for maximum benefit • 3 core tax incentives: • Temporary deferral • Step-up in Basis • Permanent exclusion from capital gains tax (NEVER offered before!)
HARRISONBURG OPPORTUNITY ZONES North Zone – Census Tract 51660000101 South Zone – Census Tract 51660000302
TAX BENEFITS All the underlying incentives relate to the tax treatment of capital gains, and all are tied to the longevity of an investor’s stake in a qualified Opportunity Fund. There are three core tax incentives: Temporary deferral Step-up in basis (if held 5-7 years) Permanent exclusion (if held 10 years)
TEMPORARY DEFERRAL Capital Gains A temporary deferral of inclusion in taxable income for capital gains reinvested into an Opportunity Fund. The deferred gain must be recognized on the earlier of the date on which the Opportunity Zone investment is disposed of or December 31, 2026.
STEP-UP IN BASIS Capital Gains A step-up in basis for the deferred capital gains reinvested in an Opportunity Fund. The basis is increased by 10% if the investment in the Opportunity Fund is held by the taxpayer for at least 5 years and by an additional 5% if held for at least 7 years, thereby excluding up to 15% of the original deferred gain from taxation.
PERMANENT EXCLUSION Capital Gains A permanent exclusion from taxable income of capital gains from the sale or exchange of an investment in an Opportunity Fund if the investment is held for at least 10 years. This exclusion only applies to gains accrued on investments made through an Opportunity Fund. There is no permanent exclusion possible for the initially deferred gain.
