The QOF must have at least 90% of its assets in an Opportunity Zone. To qualify for tax deferral, that capital must be invested in a Qualified Opportunity Fund intended to carry out an eligible activity, in an area authorized by the Treasury Department. According to the IRS, the proposed regulations clarify that almost all capital gains qualify for the deferral. They can defer taxes on any previous earnings until no later than December 31, 2026, as long as the earnings are reinvested in a Qualified Opportunity Fund (QOF), an investment vehicle created to make investments in Zones of Qualified Opportunity. Investors receive preferential tax treatment. These zones were created to promote local, national and international investment, create jobs and generate economic development in disadvantaged communities. The United States Department of the Treasury and the Federal Internal Revenue Service (IRS) designated that 98% of Puerto Rico is a Zone of Opportunity, under the Federal Act for Work and Tax Reduction (Tax Cuts and Jobs Act).
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