BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month November 12, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Real Property - Finance
  • schedule 90 minutes

Qualified Opportunity Zones After OBBBA: Expanded and Enhanced Tax Incentives for CRE; New Reporting Requirements

Rolling Capital Gains Deferral; Streamlined Basis Step-Up; New Qualified Rural Opportunity Fund; Stricter Eligibility Criteria

$347.00

This course is $0 with these passes:

CLE
ALL
  1. keyboard_arrow_leftBack
BarbriPdBannerMessage

Description

The Tax Cuts and Jobs Act of 2017 (TCJA) created QOZs to encourage private investment in businesses, projects, and commercial property located in designated census tracts. IRC Sections 1400Z-1 and 1400Z-2 allow real estate and other investors to defer current capital gains, significantly increase basis in long-term investments, and qualify for tax abatement by reinvesting capital gain proceeds in QOFs.

OBBBA, signed into law on July 4, 2025, permanently extends the QOZ program, which was originally scheduled to sunset on Dec. 31, 2026. OBBBA also renews and modifies the QOZ program, allowing for a new round of QOZ designations and extending the window for tax-advantaged investments. The Act also introduces new incentives for rural communities, potentially increasing the pool of eligible projects and investors. For CRE stakeholders, this means continued access to capital gains deferral and exclusion strategies, as well as new opportunities in targeted geographies.

With OBBBA's expanded benefits to the QOZ program also comes increased reporting obligations and steep penalties for noncompliance, including fines of up to $50,000 for large funds. OBBBA now requires significant information to be submitted on annual informational returns and there is now a set cap of 30 years for holding an investment. Any increase in value after the 30-year investment period may be subject to tax.

Listen as our authoritative panel analyzes the requirements for investment in QOZs and how to structure QOFs to obtain the capital gain deferral and step-up in basis provided under the new tax laws. The panel will also discuss the pairing of fund investments with new markets and other existing tax credits.

Presented By

James O. Lang
Shareholder
Greenberg Traurig LLP

Mr. Lang focuses his practice on tax credit incentive programs and related state and federal incentive programs. He represents investors, lenders, community development entities, and for-profit and not-for-profit projects in complex transactions where capital stacks require enhancement through incentive financing, including renewable energy tax credits. He works with investors, lenders, project sponsors, and qualifying businesses to structure these tax credit programs along with ancillary governmental and non-governmental financing programs.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Coni S. Rathbone
Of Counsel
Parent: VF Law

Ms. Rathbone helps her clients purchase, develop and sell commercial property, navigate securities transactions including private placements of securities, and invest in and develop Qualified Opportunity Zones and Qualified Opportunity Funds. Among her Opportunity Zone clients is a Portland developer who she assisted in launching a $330 million Qualified Opportunity Fund — one of the first and largest in the state. Ms. Rathbone is named by Ozone Magazine as one of the top 25 lawyers in the country for Opportunity Zone work. She is also a nationally known legal counsel to TIC owner groups and has represented more than 150 owner groups since 2008. Additionally, Ms. Rathbone forms, buys and sells businesses, and serves as general counsel for many startups and established businesses. She is a prominent presenter and writer about topics including Opportunity Zones, Real Estate, Securities Structuring, Negotiations, and Tenant-in-Common issues.


expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, November 12, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Qualified Opportunity Zones

A. Legislative history: TCJA and subject regulations and OBBBA

B. Designation of QOZs by the states

C. Types of investment: commercial real estate and operating businesses

II. Qualified Opportunity Funds: eligibility requirements, formation, self-certification

A. Tax incentives to invest in Qualified Opportunity Funds/Zones

B. Deferral of short- and long-term capital gains

C. Step-up in tax basis

D. Tax abatement of all post-investment appreciation

III. Increased reporting requirements and penalties for noncompliance under OBBBA

IV. Pairing QOZ investments with new markets tax credits, low-income housing tax credits, renewable energy investment and production tax credits, and other tax incentive programs

V. Advanced structuring considerations

VI. Practitioner pointers and key takeaways 

The panel will review these and other critical issues:

  • What are the tax deferral and tax abatement features of QOZ investments?
  • How are QOFs approved, and what is the preferred entity structure?
  • When must the reinvestment of capital gains be made, and how long must it be held to qualify for the tax benefits?
  • What significant changes did OBBBA make to QOZs?
  • How might QOZ investments be used in real estate development and finance, and can they be paired with other tax incentives?
  • What are the new increased reporting obligations and penalties for noncompliance outlined in OBBBA?