West Virginia Executive Summer 2019 | Page 34

[ business ] Opportunity Zones Impactful Investing in West Virginia ALICIA WILLARD Over the last 100 years, West Virginia’s economy has depended heavily on its mineral resources. With coal production declining and energy prices remaining low in recent years, many West Virginia communities have seen little to no economic growth. Ripe for investment, many of these same communities are now targeted for economic revitalization. Established in the Tax Cuts and Jobs Act of 2017, opportu- nity zones were created as a way for investors to help econom- ically distressed communities like those in West Virginia. The program gives each state’s governor the authority to designate opportunity zones—areas of population that are eligible to receive private investments through opportunity funds. Designed to drive long-lasting investments into rural and low-income urban communities, opportunity zones provide substantial tax benefits for the investor. After the passing of House Bill 113 that further established tax incentives for new business activity in opportunity zones, the Mountain State’s program is now the most competitive in the nation. thought possible. If successful, communities in opportunity zones should see new business startups; increased job opportunities; development, reuse and rehabilitation of distressed buildings and vacant lands; improved community development; and an enhanced tax base as property values increase. Endless Opportunities Opportunity Zones in Action Opportunity zones are virtually limitless for entrepreneurs and investors, according to Josh Jarrell, attorney and opportunity zones work group lead for Steptoe & Johnson PLLC. “Com- munities that have suffered from years of outward migration and structural decline find it difficult to secure new investments in these struggling areas. It’s a vicious cycle,” he says. “The opportunity zones program is trying to reverse that cycle so local businesses can access new sources of capital and the communities where those businesses are located can begin to rebuild.” With the biggest challenge—gaining access to funding— solved, entrepreneurs can walk through doors they never At the program’s onset, governors around the country were able to nominate up to 25 percent of their state’s low-income community census tracts. In West Virginia, there are 220 eligible census tracts, and 55 of those were nominated and certified as opportunity zones by the Secretary of the Treasury. Each zone has its own strengths and opportunities, which community leaders are quick to point out as they search for investors. For instance, the zone in Boone County, WV, holds great potential for meeting a common need of businesses in Southern West Virginia: flat, developable land. During the coal industry’s decline, Boone County lost thousands of direct and indirect 32 WEST VIRGINIA EXECUTIVE Investment Benefits For investors, opportunity zones provide an opportunity to diversify their investments, grow wealth and preserve capital through three primary income tax incentives. First, instead of recognizing capital gains in the year they are incurred, eligible taxpayers may temporarily defer recognizing that gain until as late as December 31, 2026, by timely investing in a qualified opportunity fund. Second, tax owed by the taxpayer on the amount of gain invested in a qualified opportunity fund is reduced by up to 15 percent if certain requirements are met. Lastly, taxpayers can exclude from gross income any appreci- ation on their investment if it is held at least 10 years.