How were Opportunity Zones created?

Opportunity Zones were added to the tax code by the Tax Cuts and Jobs Act on December 22, 2017.

Have Opportunity Zones been around a long time?

No, they are new. The first set of Opportunity Zones, covering parts of 18 states, were designated on April 9, 2018. Opportunity Zones have now been designated covering parts of all 50 states, the District of Columbia and five U.S. territories.

How do Opportunity Zones spur economic development?

Opportunity Zones are designed to spur economic development by providing tax benefits to investors. First, investors can defer tax on any prior gains invested in a Qualified Opportunity Fund (QOF) until the earlier of the date on which the investment in a QOF is sold or exchanged, or December 31, 2026. If the QOF investment is held for longer than 5 years, there is a 10% exclusion of the deferred gain. If held for more than 7 years, the 10% becomes 15%. Second, if the investor holds the investment in the Opportunity Fund for at least ten years, the investor is eligible for an increase in basis of the QOF investment equal to its fair market value on the date that the QOF investment is sold or exchanged.

What is a Qualified Opportunity Fund?

A Qualified Opportunity Fund is an investment vehicle that is set up as either a partnership or corporation for investing in eligible property that is located in a Qualified Opportunity Zone.

Do I need to live in an Opportunity Zone to take advantage of the tax benefits?

No. You can get the tax benefits, even if you don’t live, work or have a business in an Opportunity Zone. All you need to do is invest a recognized gain in a Qualified Opportunity Fund and elect to defer the tax on that gain.

I am interested in knowing where the Opportunity Zones are located. Is there a list of Opportunity Zones available?

Contact us at (720) 588-2000 for a full list of available Opportunity Zones

What is a DST?

A Delaware Statutory Trusts, (DSTs), allow owners of real estate to sell their rental properties and potentially defer capital gains taxes. DSTs are derived from Delaware Statutory law as a separate legal entity.

DST’s also qualify as a 1031 like-kind exchange. Well known to real estate investors, a 1031 like-kind exchange allows you to defer the capital gains tax on the sale of investment property by reinvesting the proceeds into a similar qualifying property, and potentially permanently eliminating capital gains and depreciation recapture to your heirs.

As a result DSTs have become an investment vehicle for investors who want the benefits of owning real estate without becoming a “landlord”, as well as current real estate investors who no longer want the responsibilities of being a landlord.

What are the characteristics of REITs vs LLC vs DST?

Primarily higher cash flow, 1031 deferral opportunities, PIG, the ability to exchange a leveraged property, real estate type diversification, and whether or not the property is professionally managed.

What is the difference between a DST and a REIT?

While DST’s and REIT’s have some similarities and both invest in real estate, there are some major differences

  • An REIT typically owns more properties than a DST
  • A DST qualifies as a 1031 like-kind exchange to defer the taxes on the sale of your highly appreciated property, a REIT does not
  • A REIT can be integrated to diversify part of your qualified retirement plan like a 401k, a DST can not
  • A REIT can be a publicly traded entity, or a private placement investment. A DST is a private placement investment
What is a 1031 exchange?

A 1031 like-kind exchange allows an investor to potentially defer the capital gains tax on the sale of highly appreciated investment property by reinvesting the proceeds into qualifying investment real estate.

Does a DST qualify as a 1031 exchange?

Yes, a DST qualifies as a 1031 like-kind exch