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  • Posts by Vikram Agarwal
    Shareholder

    Vikram is a shareholder with Bean, Kinney & Korman representing a broad range of clients in tax matters. His tax practice consists of assisting businesses of all sizes in identifying and handling complex domestic and international ...

We have now received our second round of regulations interpreting Section 1400z-2, also known as the investment in Opportunity Zones section of the Internal Revenue Code. In our previous posts, we have provided background and tracked important developments with the program. Now and in future posts, we will highlight finer points that stakeholders should be aware of when considering the program.

Some of the highlights of the first round of proposed regulations released on October 19, 2018 in conjunction with Revenue Ruling 2018-29 are as follows:

  • Capital Gains: The regulations take the position that only capital gains for federal income tax purposes are eligible to be invested in a Qualified Opportunity Fund (QOF). Thus, gains such as depreciation recapture are not eligible, while certain Section 1231 gains are likely to be eligible.
  • Retention of Rate: Capital gains invested in a QOF will retain the rate at which the gains were to be taxed if not for an investment in a QOF. This means that when the deferral of the initial tax on gains ends (earlier of sale out of a QOF or December 31, 2026), the rate of tax on the gains will be the same at deferral, i.e. short-term capital gains invested in a QOF will eventually be subject to the short term capital gain rate when deferral ends.

This is the next post in a series of articles diving into the new “Opportunity Fund” program. In previous posts, we described the general framework for the new Opportunity Fund program, the tax benefits to taxpayers who invest in Opportunity Funds, and how the funds work. Now, we will answer some of the more common questions we have been receiving regarding the program.

Q: How does an Opportunity Fund become eligible to be an Opportunity Fund?

A: It is pretty simple. There are two general requirements.  First, an Opportunity Fund must be organized for the purpose of investing in Qualified Opportunity Zone Property.

This is the third post in a series of articles diving into the new “Opportunity Fund” program. In our first post, we described the general framework for the new Opportunity Fund program which you can find here. In the second post, we discussed the tax benefits to taxpayers who invest in Opportunity Funds. Now, let’s look at the funds themselves.

What are Qualified Opportunity Funds?

Qualified Opportunity Funds are investment conduits that deploy equity capital to specific types of property which are located in Qualified Opportunity Zones. Sounds simple enough! Let’s unpack this and keep track of the definitions.

This is the second post in a series of articles wherein we will dive into the new “Opportunity Fund” program. In our first post, we described the general framework for the new Opportunity Fund program which you can find here

There are three tax benefits that investors in an Opportunity Fund can take advantage of, (i) deferral of gain from the sale of property, (ii) partial forgiveness of this gain, and most importantly, (iii) tax-free appreciation in the investment in an Opportunity Fund.

Gain Deferral

The first thing a taxpayer must do to take advantage of the first tax benefit is to invest the gain from the sale of property into an Opportunity Fund within 180 days of the sale.

This is the first feature in a series of articles wherein we will dive into the new “Opportunity Fund” program.

The recently passed Tax Cuts and Jobs Act (TCJA) is most widely known for changing corporate tax rates, limiting the mortgage interest and state deduction for individuals, and for providing the qualified business income pass-through deduction. However, the TCJA also created a significant new economic development program, “Qualified Opportunity Zones,” that encourages private investment in businesses, projects and commercial property located in zones in every state and in each U.S. territory. 

January 2, 2018
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Topics Taxes

Congress has passed tax reform and President Trump has signed the bill into law. Consequently, the tax code will be dramatically changed for many. Although there are many uncertainties in how the implementing regulations and rules will look, many businesses and certain industries will significantly benefit. There will be ample tax planning opportunities, and we have provided the major highlights to get you started. 

Specifically, we have organized the highlights into four groups. The first is for real estate businesses and is applicable to businesses generally. This section talks about the 20% deduction for pass-through businesses like partnership and S-corporations. The second group is geared toward all employers and contains a significant tax credit for paying employees on FMLA. The third group provides the relevant provisions applicable to tax-exempt organizations such as an excise tax to the entity on excessive compensation. Lastly, there is something for everyone as we pulled out highlights pertaining to almost all of us individually.

July 2017
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Tags Taxes

Purchase price allocation and timing of payments are two of the issues to consider when structuring an asset sale or purchase of a business. The tax consequences can be enormous if assets aren’t allocated strategically.

Consider this scenario based on an actual client. John is an entrepreneur who starts a roofing company. John works very hard and builds up his business over the next seven years so that it is generating $500,000 per year. John is approached by a national roofing company that wants to purchase his business for $1,000,000, plus an earn out of $500,000 for the next 12 months and a promise that John will not compete with the sold business.