Ask A Question

How can a lessee be deemed the “original user” of a property?

One of my buildings has been vacant for four years. How can I fulfill the requirement of “original user” as a lessee?

  • Maria De Los Angeles Rivera
    September 14, 2019

    There are special rules for leases of property, especially if it is between related parties. Usually, the original use requirement will not apply to leases. Your case needs special attention, specially due to the requirement of property acquired after Dec. 31, 2017.

  • Erik Kodesch
    September 11, 2019

    The second round of proposed regulations exempted leased property from the original use requirement. For your situation, however, you will need to comply with the related party lease rules.

  • Matthew Rappaport
    September 10, 2019

    If you own the property through a non-QOF entity for four years, you can't be the original user. If you construct improvements, you can be the original user of the improvements through a master lease structure.

  • Brad Cohen
    September 09, 2019

    Not necessary.

  • Jonathan McGuire
    September 09, 2019

    For property that has been vacant for at least five years, original use can commence on the date after that five-year period to qualify. I'm assuming also that in this question, you are leasing your own building? If that is the case, a related party lease has additional requirements that any prepayment must not exceed 12 months and the leased property must be used for the first time inside the QOZ by the entity.


    the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal and financial experts prior to participating in any aspect relating to Opportunity Zones. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.