Qualified Opportunity Zone (QOZ) Compliance for Real Estate Syndicates
Qualified Opportunity Zone (QOZ) Compliance for Real Estate Syndicates
đ Table of Contents
- What Is a Qualified Opportunity Zone?
- How Syndicates Qualify as QOFs
- 90% Asset Test and Property Use Requirements
- Timeline for Investment and Compliance
- Filing and Reporting Obligations
đ️ What Is a Qualified Opportunity Zone?
Qualified Opportunity Zones (QOZs) are economically distressed communities designated by the U.S. Treasury where investors can gain tax advantages by funding long-term real estate and business development.
Capital gains invested in a Qualified Opportunity Fund (QOF) can benefit from deferrals, partial exclusions, and complete tax-free growth if held 10+ years.
đ️ How Syndicates Qualify as QOFs
Real estate syndicates must elect QOF status by filing IRS Form 8996 and comply with ownership and operational requirements.
The entity must be organized as a corporation or partnership, and 90% of its assets must be within a QOZ property or business.
Each investor’s capital must be traceable to qualified gains and appropriately timed under IRS rules.
✅ 90% Asset Test and Property Use Requirements
The 90% asset test is applied semi-annually to confirm that the majority of the fund’s assets are located in QOZs.
Properties must meet the “original use” or “substantial improvement” test—meaning new development or major renovation is required.
Qualified QOZ Property must be used in a trade or business and leased or purchased after 2017.
đ Timeline for Investment and Compliance
Investors must roll over capital gains into a QOF within 180 days of sale.
The QOF must deploy 90% of funds within 6 months and meet ongoing benchmarks.
To claim the 10-year gain exclusion, assets must be held continuously through the compliance period.
đ Filing and Reporting Obligations
QOFs must file Form 8996 annually to demonstrate compliance with the asset test and maintain status.
Real estate syndicates must also furnish Schedule K-1 to investors showing gain deferrals and allocations.
Engaging qualified CPAs and legal counsel is key to ensuring QOF status is not inadvertently lost due to reporting errors.
đ Real Estate Syndicate & QOZ Resources
Keywords: Qualified Opportunity Zone, real estate syndicate, QOF compliance, 90% asset test, IRS Form 8996