opportunity zones

The IRS released its long-anticipated second tranche of rules on Wednesday, and the regulations provide some clarity around using Opportunity Zones to invest in businesses. Specific examples include details on defining a business’ operations within a zone and funds’ ability to reinvest proceeds. However, further clarification is needed, including around investors’ treatment of interim sales, and additional changes are forthcoming. A partial summary of the 169 pages of new rules follows, and SSTI will provide additional updates as the full implications become clearer.

Many people have noticed that the Opportunity Zones tax incentive, intended to encourage investments in economically-distressed areas, lacks the type of reporting requirements that could help determine the real impacts of the incentive. Kresge Foundation is one organization that has been concerned by this information gap and has been working to implement solutions. The ultimate impact of Kresge’s latest effort is to provide further investor incentives in exchange for reporting compliance.

Maryland Governor Larry Hogan’s FY 2020 budget proposal includes $56.5 million in new funding to attract businesses to Opportunity Zones. Other new innovation funding would support manufacturer hiring credits and a seed fund for minority entrepreneurs. Under the governor’s proposal, TEDCO, the state’s primary innovation agency, would see its spending increase from $27 million to $45 million.

This fall, the IRS released proposed Opportunity Zone rules, which did not address several key questions for business investment. SSTI submitted comments for official consideration last week, requesting that rules clarify initial investment periods, interim returns and qualifying business activity locations. Several organizations echoed similar concerns, including the U.S. Conference of Mayors and U.S. Chamber of Commerce. Other comments posted to the site include calls for requirements that would facilitate greater impact, including screening potential bad actors, encouraging investments in ESOPs, and measuring economic impacts for current zone residents. Read SSTI’s full letter

The U.S. Treasury released a new set of proposed guidelines around Opportunity Zones. The new regulations would provide many clarifications about eligibility and timing, but do little to address critical concerns for potential zone-based seed and venture capital investment funds. Additional guidance is forthcoming, but there is no timetable for this release. Meanwhile, the latest regulations are subject to comment once published in the Federal Register.

The IRS and CDFI Fund released their first guidance for the federal Opportunity Zones incentive. This wave of guidance addresses zone selection issues only — the most important clarification is that the certification window will expire on March 21, with the option to request one 30-day extension. The guidance includes a list of all eligible census tracts, which were covered by SSTI last week, as well as a list of tracts that are not low-to-moderate income but may be included in contiguous Qualified Opportunity Zones.

The recent tax law created a new vehicle, “Opportunity Zones” (Section 13823), to spur investment in companies and projects in distressed communities. As covered in detail during a recent SSTI members-only webinar, the tax incentive provides investors who reinvest capital gains into these zones with the ability to defer taxes on those gains and, if the Opportunity Zone investment is held at least 10 years, to waive taxes on any new capital gains. Zones must be declared this spring by each state’s governor, and only 25 percent of a state’s high poverty or low income census tracts may be included.

The Republican tax plan passed Congress this week. The legislation, which is part tax cut — $1.5 trillion over 10 years — and part reform — replacing multiple deductions and credits with overall lower rates — will affect the U.S. economy for years to come. Education, employment, capital access and business investment are likely to be directly affected as soon as next year, and, if state budgets hold any value as predictors, regional innovation economies will be particularly affected through future reductions in federal spending.