Opportunity Zones, introduced in Tax Cuts and Jobs Act (TCJA) of 2017, were designed to drive investment in low-income communities. The program offered investors strategic tax benefits, including basis adjustments on investments held for 10 years and the ability to reinvest proceeds from eligible capital gains into a Qualified Opportunity Zone (QOZ) fund, and defer the gain recognition until 2026.
2026 Recognition is Here!
Investors who deferred gains in prior years will be required to recognize those gains in 2026. This creates a unique challenge: while the cash or proceeds were received and reinvested in prior years, the gain and related tax liability become a current issue. As a result, proactive cash flow planning is a critical component of any QOZ tax strategy.
For example, if a taxpayer sold a capital asset in 2018 and deferred a $750,000 gain by reinvesting in a Qualified Opportunity Zone, that investor must recognize the gain of $750,000 on their 2026 tax return. This creates a tax burden of approximately $178,500 (assuming a 23.8% rate). Additionally, the taxpayer must continue in the QOZ fund for at least 10 years to receive the full benefit of the tax strategy. This model creates a “cashless gain” in 2026 or a tax burden for which the investor does not have access to the related capital.
Planning Considerations
Given the timing and nature of the QOZ program, proactive tax planning is essential for participating investors. Important considerations include:
- Utilizing tax loss harvesting strategies within brokerage accounts and other investments
- Leverage other deductions in 2026, including increasing charitable donations, within AGI limitations, or by accelerating business deductions through bonus depreciation or Section 179 expensing.
- Managing and scheduling tax payments to minimize penalties and ensure properly timed liquidity
- Researching the Qualified Opportunity Fund’s valuation, as declines in fair market value could impact the required gain recognition
Contact Dean Dorton to learn more about Qualified Opportunity Zone tax strategies.
