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What types of gains are eligible for deferral if I invest in a Qualified Opportunity Fund?

I sold stock for a capital gain and during the 180-day period beginning the date of sale, I invested the amount in a QOF. Can I defer paying tax on that gain?


Answers
  • Matthew Rappaport
    July 19, 2022

    All capital gains of every type are eligible, but ordinary gains are not eligible.

  • Marko Belej
    July 18, 2022

    Any capital gain or Section 1231 gain (to the extent not treated as ordinary income under Section 1245 or 1250) that would otherwise be recognized for federal income tax purposes is generally eligible for deferral if invested in a qualified opportunity fund (QOF), unless the gain is generated from a sale or exchange with a person related to the taxpayer who invested the gain (or a passthrough entity allocating such gain to the taxpayer). Unless you sold your stock to a related person, you should be able to elect to defer the amount of gain that you've invested in a QOF on a timely basis.

  • Brett Siglin
    July 18, 2022

    Generally all capital gains.

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