How do Opportunity Zones work?

Opportunity Zones represent a pivotal development in the realm of U.S. tax law and commercial real estate (CRE), aimed at spurring economic growth in underserved communities while offering tax benefits to investors. Established by the Tax Cuts and Jobs Act of 2017, these zones are designated geographic areas identified by state and federal governments as needing economic stimulation. By investing in Opportunity Zones, CRE investors can enjoy significant tax advantages, which not only benefit their financial portfolios but also contribute to the revitalization of these areas. Let’s dive deeper into how Opportunity Zones work, the benefits they offer, and their impact on CRE investments.

How Opportunity Zones Work

The Opportunity Zone program encourages investors to reinvest their unrealized capital gains into Opportunity Funds—special investment vehicles created specifically for investing in designated zones. These funds are required to hold at least 90% of their assets in qualifying property or businesses within an Opportunity Zone. The investment process typically involves:

1. Selling an existing asset: An investor sells an asset, generating a capital gain.
2. Reinvesting the gain: Within 180 days of the sale, the investor reinvests the capital gain into an Opportunity Fund.
3. Deferring the tax: The tax on the original gain is deferred until the investment in the Opportunity Fund is sold or exchanged, or until December 31, 2026, whichever comes first.

Tax Benefits

The Opportunity Zone program offers three primary tax benefits to investors:

1. Deferral of Capital Gains Taxes: Investors can defer taxes on any prior gains invested in an Opportunity Fund until the earlier of the date on which the investment in the Opportunity Fund is sold or exchanged, or December 31, 2026.
2. Step-Up in Basis: If the investment in the Opportunity Fund is held for longer than 5 years, there is a 10% exclusion of the deferred gain. If held for more than 7 years, this exclusion increases to 15%.
3. Exemption from Capital Gains Taxes on the Opportunity Fund Investment: For investments held for at least 10 years, investors are eligible for an increase in basis to the fair market value of the investment on the date it is sold or exchanged, effectively making any post-acquisition gains on the Opportunity Fund investment tax-free.

Impact on CRE Investments

The Opportunity Zone program has a significant impact on CRE investments in several ways:

• Boosts Investment in Underserved Areas: By incentivizing investments in underserved communities, the program aims to spur economic development, which can lead to an increase in property values over time.
• Alters Investment Strategies: The tax benefits encourage long-term holding strategies, aligning investor interests with the broader economic development goals of the program.
• Attracts Diverse Investors: The potential for tax savings and economic growth attracts a wide range of investors, from individuals to large institutional investors, thereby increasing capital flow into commercial real estate projects within these zones.