capital gains

December 12, 2018

On October 19, 2018, the Treasury issued proposed guidance related to the new Opportunity Zone tax incentive created by the 2017 Tax Cuts and Jobs Act.  Opportunity Zones are communities where new investments may be eligible for significant tax incentives.  The incentive is designed to spur economic development and job creation.

New tax code Section 1400Z-1 provides the rules for designating Opportunity Zones and Section 1400Z-2 allows a taxpayer to elect to defer certain gains based on timely investment in Qualified Opportunity Fund (QOF) and excludes post-acquisition gains on investments in QOFs held for at least 10 years.  The proposed guidance under Section 1400Z-2 addresses the gains eligible for deferral, types of taxpayers who are eligible, the type of eligible interest, the timeframe to invest in the QOF, and the requirement to include previously deferred gains.  The proposed regulations also provide rules for self-certifying as a QOF, valuation of QOF assets (90% test), and guidance on qualified businesses.  The proposed rule would permit an investor making an investment as late as the end of June 2027 to hold the investment in the QOF for the entire 10-year holding period plus another 10 years through 2047.

In a nutshell, the new law allows a taxpayer who would otherwise owe capital gains tax on an investment to roll-over the proceeds into an Opportunity Zone and thereby defer (or eliminate) capital gains taxes provided certain conditions are met. As many of the Opportunity Zones will be designated in areas containing Brownfields redevelopment opportunities, SCS expects many of our clients will be interested in this opportunity to do well by doing good. If you are interested in investing in a potential brownfield site, contact SCS Engineers to help you evaluate and manage environmental concerns associated with your site.  Visit to learn more.

The following are links to the press release and proposed guidance:


The Treasury plans to present additional guidance before the end of the year, and a public hearing is scheduled for January 10, 2019.   Taxpayers may submit comments by 60 days (around the third week in December 2018) after the publication of the proposed guidance in the Federal Register at  Additional guidance is expected to include the meaning of “substantially all”; transactions that may trigger the inclusion of gain that has been deferred; the reasonable period for a QOF to reinvest without paying a penalty; administrative rules regarding the investment standard; and, information-reporting requirements.  SCS will provide an update when the additional guidance becomes available.

For additional information, you may contact SCS Engineers at   or the blog Author, Christine Stokes.

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Posted by Diane Samuels at 6:00 am