December 31, 2019 is the final date to receive the full tax benefit of Opportunity Zone investing…
December 31, 2019 is the final date to receive the full tax benefit of Opportunity Zone (“OZ”) investing. Nonetheless, the program continues to evolve.
Opportunity Zone IMPACT Act
Senator Tim Scott (R-SC) recently introduced the Improving and Reinstating the Monitoring, Prevention, Accountability, Certification, and Transparency Provisions of Opportunity Zones (IMPACT) Act. The bill seeks to reinstate and enhance the reporting requirements surrounding OZ investments.
As described by Sen. Scott, the IMPACT Act:
Codifies requirements for Qualified Opportunity Funds to report the following information regarding the Qualified Opportunity Fund: (i) value of total assets held; (ii) location and value of OZ properties held; (iii) whether such properties are owned or leased; (iv) information surrounding disposed investments during the tax year; and (v) details regarding the location and industry classification codes of businesses receiving equity investments as well as the value of those investments. The IMPACT Act further requires reporting on number of persons employed through OZ investments, thereby providing data on job creation and firm growth without burdening small businesses and funds alike.
Codifies requirements for investors to report critical information on OZ investments including funds receiving investments, relevant dates on which investments and dispositions are made, descriptions of OZ investments, and measures that will continue to allow the IRS to track both the deferral and recognition of gains, the trajectory of OZ investments over time, and compliance more broadly.
Adds penalties for both individuals and funds that fail to accurately and appropriately file the required returns or statements and also significantly enhances penalties for any individual who attempts to take advantage of the OZ incentive for fraudulent purposes.
Requires that the Treasury make public as soon as practicable and annually thereafter timely, comprehensive information tracking Qualified Opportunity Funds and their corresponding investments into QOZs. Specifically, the Treasury shall make public in the aggregate the total number of funds, the total assets of all funds, the distribution of OZ investments across different industry classification codes, the percentage of all OZs that have received investment through the incentive, the total amount of Opportunity Fund investments made in each census tract, the distribution of investments in real property and active businesses, data deciphering the sizes of businesses receiving OZ investment, and numbers of jobs created or sustained by those businesses in light of OZ investments.
The full bill text of the IMPACT Act can be found here.
Given the continually evolving regulatory landscape, participation in the OZ Program takes an experienced legal and accounting team who is up to date on the growing field of regulations and can help you navigate them successfully.
With a multi-disciplinary team of affordable housing, real estate, tax and corporate attorneys, Scarinci Hollenbeck is uniquely qualified to help New Jersey investors navigate the new program and realize its benefits. To discuss potential opportunities for your business, we encourage you to contact us today.
If you have questions, please contact us
If you have any questions or if you would like to discuss the matter further, please contact Stephanie Edelstein, Jeffrey Cassin, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.
Corporate Transactions: Best Practices for Successful Deals
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
How to Conduct a Fair and Legal Employee Termination in 2025
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Admin Dissolution for Annual Report: What You Need to Know
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Dissolving Your Business: Essential Legal Steps to Protect Your Interests
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
The Role of Corporate Restructuring in Mergers & Acquisitions
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
