Momentum - Business to Business Online Magazine MOMENTUM SUMMER 2019 | Page 22
T. MARK RUSH, CPA
Partner
Ham, Langston & Brezina, LLP
[email protected]
E
PART 9
of a Series on the New Tax
Cuts and Jobs Act (TCJA)
ffective for tax years beginning in 2018,
the TCJA introduces two elections, one to
defer gain from the sale of property that is
reinvested in an investment in a Qualified
Opportunity (QO) Fund and another to
permanently exclude gain from the sale or exchange
of the investment in the QO Fund. These elections can
provide substantial tax benefits for taxpayers who can
satisfy the detailed and quite complex set of rules.
Designation of a QO Zone. Under the TCJA, a
state’s chief executive officer (CEO) (generally, the
governor) can designate certain census tracts that are
low-income communities as Qualified Opportunity
Zones (QO Zones). The state’s CEO has 90 days (plus,
another 30 days under an extension) after Dec. 22, 2017
to nominate a tract by notifying IRS in writing of the
nomination. IRS then has certify the nomination and
designate the tract as a QO Zone within 30 days (plus,
another 30 days under an extension) after receiving the
notice. Thus, the designation has to occur in 2018 and
will remain in effect for ten calendar years.
QO Funds. A QO Fund is an investment vehicle
organized as a corporation or a partnership for the
purpose of investing in a QO Zone. The QO Fund can’t
invest in another QO Fund and has to hold at least 90%
of its assets in QO Zone
property (i.e., and QO
Zone stock, any QO Zone
partnership interest, and
any QO Zone business
property). A QO Zone
property has to meet many
requirements, including
that substantially all of the
entity’s business property
is used in a QO Zone. A
penalty can apply to the
QO Fund if it fails to meet
the 90% requirement.
Temporary gain deferral
election. If a taxpayer
invests gains from the sale
of exchange of property
with an unrelated person
in a QO Fund within the
20
MOMENTUM
180-day period beginning on the date of the sale of
exchange, the taxpayer can elect to defer the gain from
the sale of exchange.
Recognition of deferred gain. The taxpayer defers
the gain until the later of the date on which the
investment is sold or exchanged, or Dec. 31, 2026. At
that time, the taxpayer includes the excess of (1) the
gain over the lesser of the amount of deferred gain or
the fair market value of the investment as determined on
that date over (2) the taxpayer’s basis in the investment.
Basis in the investment. A taxpayer’s basis in the
investment is zero unless any of the following increases
apply: (a) 15% of the deferred gain if the investment is
held for five years, (b) 10% of the deferred gain if the
investment is held for seven years; and (c) any deferred
gain recognized at the end of the deferral period.
Permanent gain exclusion election. At the taxpayer’s
election, a taxpayer can exclude any post-acquisition
capital gains on an investment in a QO Fund if the
investment in the QO Fund has been held for ten years.
When elections can’t be made. A taxpayer can’t make
either election if there’s already an election in effect with
respect to the same sale or exchange. Also, a taxpayer
can’t make a temporary deferral election with respect to
any sale or exchange after Dec. 31, 2026.