LC-06 · Tax

Opportunity zone deferral

A tax break wearing a hard hat

In ordinary words

Investors can defer and sometimes reduce tax on prior capital gains by parking those gains in a qualified opportunity fund aimed at designated census tracts.

Why people call it a crime

The poster said the tax break would rebuild neglected neighborhoods. Reporting later found luxury projects in already-rising areas. People call that a subsidy with a community costume.

A scene, not a hypothetical statute

An investor sells stock, owes a large gain, and drops the gain into a fund that builds market-rate apartments in a designated tract next to a downtown that was already improving. The neighborhood designation did the legal work.

Where it stops being legal

Funds that fail the 90-percent asset test, miss deadlines, or invest in non-qualified property lose the benefit. False certifications can be civil or criminal tax violations.

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