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Study Guide: The U.S. Opportunity Zone Program: Tax Incentives and Economic Development

Cheat Sheet:
The U.S. Opportunity Zone Program: Tax Incentives and Economic Development Study Guide

Legislative Foundation and Program Goals

The Opportunity Zone program was established by legislation signed into law during President Barack Obama's administration.

Answer: False

Explanation: The Opportunity Zone program was established by the Tax Cuts and Jobs Act of 2017, signed into law during President Donald Trump's administration, not President Obama's.

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The Opportunity Zone program was created by the Tax Cuts and Jobs Act of 2017.

Answer: True

Explanation: The legislative framework for the Opportunity Zone program was enacted as part of the Tax Cuts and Jobs Act of 2017.

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The primary goal of the Opportunity Zone program is to reduce taxes for wealthy investors without stimulating community development.

Answer: False

Explanation: The stated primary goal of the Opportunity Zone program is to stimulate economic development and job creation in designated distressed communities, with tax incentives serving as a mechanism to achieve this objective.

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Senators Tim Scott and Cory Booker were key proponents of the Opportunity Zones initiative.

Answer: True

Explanation: Senators Tim Scott and Cory Booker were instrumental in the bipartisan proposal and advancement of the Opportunity Zones legislation.

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The Economic Innovation Group (EIG) opposed the Opportunity Zones initiative.

Answer: False

Explanation: The Economic Innovation Group (EIG), associated with Sean Parker, was a significant proponent and advocate for the Opportunity Zones initiative.

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Opportunity Zones are intended to unlock 'idle capital' and encourage investment in underserved areas.

Answer: True

Explanation: A core objective of the Opportunity Zone program is to mobilize private investment capital, often referred to as 'idle capital,' and direct it towards economic development projects in designated underserved communities.

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Which legislative act established the Opportunity Zone program in the United States?

Answer: The Tax Cuts and Jobs Act of 2017

Explanation: The Opportunity Zone program was established as a provision within the Tax Cuts and Jobs Act of 2017.

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What is the primary purpose of the Opportunity Zone program?

Answer: To stimulate economic revitalization in designated low-income communities

Explanation: The program's principal aim is to foster economic development and investment within designated low-income census tracts.

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Who were the key congressional figures who proposed the Opportunity Zones initiative?

Answer: Tim Scott and Cory Booker

Explanation: Senators Tim Scott and Cory Booker were the principal bipartisan sponsors of the legislation that created the Opportunity Zones program.

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What is the significance of President Donald Trump's signature regarding the Opportunity Zone legislation?

Answer: He signed the Tax Cuts and Jobs Act of 2017 into law, which included Opportunity Zones.

Explanation: President Donald Trump signed the Tax Cuts and Jobs Act of 2017 into law, thereby enacting the Opportunity Zone provisions.

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Sean Parker's Economic Innovation Group provided what type of support for the Opportunity Zones proposal?

Answer: Support and advocacy for the proposal

Explanation: Sean Parker's Economic Innovation Group (EIG) actively supported and advocated for the creation of the Opportunity Zones program.

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Designation Process and Geographic Scope

Opportunity Zones are exclusively designated for investment in high-income, rapidly developing urban areas.

Answer: False

Explanation: Opportunity Zones are designated to encourage investment in economically distressed communities, typically characterized by lower income levels, not exclusively high-income urban areas.

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The first Opportunity Zones were officially designated in April 2018.

Answer: True

Explanation: Following the enactment of the Tax Cuts and Jobs Act of 2017, the initial designations for Opportunity Zones were officially made in April 2018.

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There are exactly 50 designated Opportunity Zones across the United States.

Answer: False

Explanation: The program designated 8,764 Opportunity Zones across all 50 states, the District of Columbia, and U.S. territories, far exceeding the number 50.

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All designated Opportunity Zones are exclusively low-income communities.

Answer: False

Explanation: While the program primarily targets low-income communities, up to five percent of the designated Opportunity Zones in each state can be non-low-income tracts that are contiguous to low-income tracts.

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State authorities nominate census tracts eligible for Opportunity Zone designation.

Answer: True

Explanation: The process for designating Opportunity Zones begins with state and territorial governors nominating specific low-income census tracts for consideration.

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The IRS officially designates Opportunity Zones after receiving nominations from state authorities.

Answer: True

Explanation: Following the nomination of census tracts by state authorities, the U.S. Treasury Department, through the IRS, officially certifies these nominated tracts as Opportunity Zones.

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When were the first Opportunity Zones officially designated?

Answer: April 2018

Explanation: The initial designations of Opportunity Zones by the U.S. Treasury Department occurred in April 2018.

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What is the approximate total number of Opportunity Zones designated across the United States and its territories?

Answer: Approximately 8,764

Explanation: The federal government designated a total of 8,764 Opportunity Zones across the United States and its territories.

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Which of the following U.S. territories is NOT included in the Opportunity Zone designations?

Answer: None of the above (All listed are included)

Explanation: All the listed U.S. territories—Puerto Rico, Guam, U.S. Virgin Islands, and American Samoa—were included in the Opportunity Zone designations.

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What percentage of Opportunity Zones within a state can be designated as non-low-income tracts?

Answer: Up to 5 percent

Explanation: Each state may designate up to five percent of its total Opportunity Zones as non-low-income tracts, provided they are contiguous to low-income tracts.

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What role do state authorities play in the Opportunity Zone designation process?

Answer: They nominate the census tracts eligible for designation.

Explanation: State and territorial governors are responsible for nominating specific low-income census tracts to be considered for Opportunity Zone designation.

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What is the maximum percentage of low-income census tracts that a state can nominate as Opportunity Zones?

Answer: 25%

Explanation: States and territories are permitted to nominate up to 25% of their eligible low-income census tracts for designation as Opportunity Zones.

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Qualified Opportunity Funds (QOFs) and Investment Criteria

A Qualified Opportunity Fund must invest at least 90% of its assets in Qualified Opportunity Zone Property.

Answer: True

Explanation: To maintain its status, a Qualified Opportunity Fund is required to hold at least 90% of its aggregate adjusted basis in qualifying property within designated Opportunity Zones.

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A Qualified Opportunity Fund (QOF) is an investment vehicle designed to deploy capital into projects within designated Opportunity Zones.

Answer: True

Explanation: A Qualified Opportunity Fund (QOF) is a legal entity, such as a corporation or partnership, organized to invest in Qualified Opportunity Zone Property, thereby facilitating the program's objectives.

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For a property to qualify as 'substantially improved' within an Opportunity Zone, what condition must be met?

Answer: The adjusted basis in the property must be doubled after its purchase.

Explanation: The requirement for 'substantial improvement' stipulates that the amount of capital invested in the property's improvements must be at least equal to the adjusted basis of the property at the time of its acquisition by the Qualified Opportunity Fund.

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What does the term 'substantial improvement' mean in the context of Qualified Opportunity Zone Property?

Answer: The investment in improvements must at least double the property's adjusted basis.

Explanation: For a property to be considered substantially improved, the capital invested in its improvements must be at least equal to the adjusted basis of the property at the time of its acquisition by the Qualified Opportunity Fund.

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What does the acronym QOF stand for in the context of Opportunity Zones?

Answer: Qualified Opportunity Fund

Explanation: QOF is the standard acronym for a Qualified Opportunity Fund, the investment vehicle utilized within the Opportunity Zone program.

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Which condition must be met for a property to be considered 'original use' property within an Opportunity Zone?

Answer: The property must be newly constructed or the first use of the property by the taxpayer.

Explanation: 'Original use' property refers to property that is either newly constructed or has not been previously used by the taxpayer or any other party before its acquisition for use in the Opportunity Zone.

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Tax Deferral and Reduction Mechanisms

Investors can defer capital gains taxes indefinitely by reinvesting into a Qualified Opportunity Fund (QOF).

Answer: False

Explanation: Tax deferral for eligible capital gains reinvested in a Qualified Opportunity Fund is not indefinite. The deferred gain is recognized on the earlier of December 31, 2026, or the date the investment in the QOF is sold or exchanged.

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Only capital gains are eligible for deferral through reinvestment in Opportunity Zones.

Answer: False

Explanation: The Opportunity Zone program permits the deferral of eligible capital gains as well as qualified 1231 gains when reinvested into a Qualified Opportunity Fund.

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The Opportunity Zone program offers only two primary tax benefits.

Answer: False

Explanation: The Opportunity Zone program provides four primary tax benefits to investors who meet the program's requirements.

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The 15% basis step-up benefit for Opportunity Zone investments expired after December 31, 2019.

Answer: True

Explanation: The opportunity to receive a 15% basis step-up on reinvested eligible gains expired for investments made after December 31, 2019.

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The 10% basis step-up benefit for Opportunity Zone investments expired after December 31, 2021.

Answer: True

Explanation: The 10% basis step-up benefit, applicable to investments held for at least 5 years, expired for investments made after December 31, 2021.

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Qualified 1231 gains cannot be deferred by reinvesting in a Qualified Opportunity Fund.

Answer: False

Explanation: Qualified 1231 gains, alongside capital gains, are eligible for deferral under the Opportunity Zone program when reinvested into a Qualified Opportunity Fund.

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How does the Opportunity Zone program incentivize investors?

Answer: By allowing deferral of capital gains taxes through reinvestment in Qualified Opportunity Funds (QOFs)

Explanation: The program incentivizes investors primarily through the deferral of capital gains taxes on eligible gains reinvested into Qualified Opportunity Funds, along with potential reductions and exclusions on the reinvested gains and their appreciation.

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Which types of gains are eligible for deferral under the Opportunity Zone program?

Answer: Both capital gains and qualified 1231 gains

Explanation: The Opportunity Zone program allows for the deferral of eligible capital gains, including those from the sale of stock or other capital assets, as well as qualified 1231 gains.

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How does the Opportunity Zone program provide a reduction in tax liability on the reinvested eligible gains?

Answer: Through a basis step-up of 10% or 15% of the reinvested amount

Explanation: The program offers a reduction in the tax liability on the original reinvested gain through a basis step-up, which was initially 15% for investments held 7 years or more, and 10% for investments held 5 years or more.

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Which of the following is NOT one of the major tax benefits offered by the Opportunity Zone program?

Answer: Immediate deduction of all invested capital against current income

Explanation: The program does not provide an immediate deduction for the invested capital. Its primary benefits are gain deferral, basis step-ups, and exclusion of appreciation on long-term holdings.

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Investment Mechanics and Long-Term Benefits

A property qualifies as substantially improved if its adjusted basis is merely increased after purchase, regardless of the amount.

Answer: False

Explanation: For a property to qualify as 'substantially improved,' the investment in improvements must at least double the property's adjusted basis from the date of acquisition.

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Holding an investment in a Qualified Opportunity Fund for 5 years allows for the elimination of capital gains tax on its appreciation.

Answer: False

Explanation: The elimination of capital gains tax on the appreciation of a Qualified Opportunity Fund investment requires holding the investment for a minimum of 10 years, not 5 years.

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Investors must reinvest eligible capital gains into a Qualified Opportunity Fund within 180 days of the triggering transaction.

Answer: True

Explanation: To qualify for tax deferral benefits, eligible capital gains must be reinvested into a Qualified Opportunity Fund within 180 days from the date the gain was realized.

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There is depreciation recapture when selling depreciated property within an Opportunity Zone.

Answer: False

Explanation: A significant benefit of the Opportunity Zone program is the exclusion of depreciation recapture tax liability when selling qualifying depreciated property held within an Opportunity Zone.

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The term 'substantial improvement' requires that the investment in property improvements must at least triple its adjusted basis.

Answer: False

Explanation: The definition of 'substantial improvement' for Qualified Opportunity Zone Property mandates that the amount invested in improvements must at least double the property's adjusted basis from the date of acquisition.

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Appreciation on a Qualified Opportunity Fund investment held for 10 years becomes taxable.

Answer: False

Explanation: Appreciation on a Qualified Opportunity Fund investment held for at least 10 years becomes entirely tax-free, not taxable.

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What is the minimum holding period required for an investment in a Qualified Opportunity Fund to potentially make its appreciation tax-free?

Answer: 10 years

Explanation: To qualify for the exclusion of capital gains tax on the appreciation of the investment, the investment in the Qualified Opportunity Fund must be held for a minimum of 10 years.

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Within how many days must an eligible capital gain be reinvested into a Qualified Opportunity Fund to qualify for tax benefits?

Answer: 180 days

Explanation: Investors must reinvest the eligible capital gain into a Qualified Opportunity Fund within 180 days of the date the gain was realized to benefit from the tax deferral provisions.

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What is the tax consequence for the appreciation of an investment in a Qualified Opportunity Fund if it is held for at least 10 years?

Answer: The appreciation becomes entirely tax-free.

Explanation: A key benefit of the Opportunity Zone program is that any capital gain realized from the appreciation of an investment in a Qualified Opportunity Fund held for at least 10 years is entirely excluded from taxation.

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What is the tax implication for depreciation recapture when selling depreciated property within an Opportunity Zone?

Answer: There is no depreciation recapture.

Explanation: A key tax benefit of the Opportunity Zone program is that any depreciation recapture that would typically be taxed upon the sale of depreciated property is excluded from taxation.

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What is the deadline for deferring eligible capital gains by reinvesting them into a Qualified Opportunity Fund?

Answer: December 31st, 2026

Explanation: Eligible capital gains reinvested into a Qualified Opportunity Fund can be deferred for tax purposes until December 31, 2026, or until the date the investment is sold, whichever occurs first.

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What is the tax consequence if an investment in a Qualified Opportunity Fund is held for less than 10 years?

Answer: False

Explanation: If an investment in a Qualified Opportunity Fund is held for less than 10 years, the original deferred gain becomes taxable, and any appreciation is also taxed. However, the basis step-up benefits may still apply depending on the holding period (5 or 7 years).

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Procedural Aspects and Comparative Analysis

The final regulatory guidance for Qualified Opportunity Funds was issued by the U.S. Treasury in December 2019.

Answer: True

Explanation: The U.S. Treasury Department and the IRS issued comprehensive final regulations governing Qualified Opportunity Funds in December 2019, providing further clarity on program requirements.

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IRS Form 8997 is used to report investments in Qualified Opportunity Funds.

Answer: True

Explanation: IRS Form 8997, 'Initial and Annual Statement of Qualified Opportunity Fund (QOF) Investment,' is the required form for taxpayers to report their QOF investments and track their tax compliance.

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Section 1031 like-kind exchanges allow deferral of gains from any asset class, including stocks and businesses.

Answer: False

Explanation: Section 1031 like-kind exchanges are strictly limited to deferring gains from the disposition of real property held for productive use in a trade or business or for investment. They do not apply to assets such as stocks or businesses.

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IRS Form 8997 is used to claim the tax benefits associated with Opportunity Zone investments.

Answer: True

Explanation: IRS Form 8997 is essential for taxpayers to report their Qualified Opportunity Fund investments and track eligibility for the associated tax benefits, including deferral and basis adjustments.

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Which IRS form is required annually for taxpayers to report their investments in Qualified Opportunity Funds?

Answer: Form 8997

Explanation: Taxpayers with investments in Qualified Opportunity Funds must file IRS Form 8997 annually to report their investment status and maintain compliance with program requirements.

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How does the Opportunity Zone investment deferral differ from a Section 1031 like-kind exchange?

Answer: Opportunity Zones allow deferral of gains from any asset class, whereas 1031 is restricted to like-kind assets.

Explanation: A fundamental difference is that Opportunity Zone investments permit deferral of gains realized from any asset class (e.g., stocks, businesses), whereas Section 1031 exchanges are exclusively applicable to like-kind real property.

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