Qualified Opportunity Zones and Energy Projects: Tax Incentives and Recent Developments
Eligibility Requirements, Formation, Self-Certification, Favorable Treatment of Returns on Investment

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Energy
- event Date
Thursday, October 15, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide energy counsel with an understanding of Qualified Opportunity Zones (QOZs) and Qualified Opportunity Funds (QOFs) created under current law. The panel will discuss eligibility requirements, formation, and self-certification, as well as the tax benefits associated with investing in QOZs. The panel will also examine how QOFs can be used in energy projects and the interplay with other tax incentives.
Faculty

Mr. Shaver is a transactional tax attorney, helping clients achieve their objectives in a practical and tax-efficient manner. He has experience with matters spanning areas such as fund formation, tax credits, real estate, venture capital, partnerships, and tax exempt entities--including federal and state income tax matters. Prior to joining the firm, Mr. Shaver was affiliated with several leading international and regional law firms.

Mr. Morris specializes in renewable energy tax credits, new markets tax credits, historic tax credits and the opportunity zones incentive. He performs numerous services related to these industries, including financial statement and cost certification audits, tax preparation, general and compliance consulting, and forecasting services. Mr. Morris also works with numerous developers/sponsors, syndicators and investors by providing consulting and transaction advisory services. His consulting and transaction advisory skillset includes financial structuring and modeling expertise with integrated GAAP transactional and ongoing operation support for various tax credit industry participants. Mr. Morris earned a bachelor’s degree in accounting from Youngstown State University in Youngstown, Ohio. He is a licensed certified public accountant in Ohio.

Mr. Sanders focuses his practice in the area of taxation, particularly in matters affecting partnerships, limited liability companies, S-corporations, real estate, tax controversy, and estate planning, including trusts and estates. He also has a large practice in the area of exempt organizations involving healthcare and low-income housing, associations and joint ventures between for-profits and nonprofits, as well as structuring New Markets Tax Credit ("NMTC") and Historic Tax Credit ("HTC") transactions. He is the author of Joint Ventures Involving Tax-Exempt Organizations (3rd Ed., 2007; 4th Ed., 2013) which was recently cited by the majority opinion in the widely covered U.S. Supreme Court decision in Burwell v. Hobby Lobby Stores, Inc. He previously served as an attorney-advisor to the assistant secretary of tax policy at the Office of Tax Legislative Counsel.
Description
Tax reform created one of the country's most significant economic development programs that encourages private investment in Qualified Opportunity Zones. Qualified Opportunity Funds offer favorable treatment of returns on the investment, including deferral, reduction, or possible elimination of gains tax on the appreciation of the fund interest.
Individual states designated communities as QOZa, which have been approved by the Treasury Department and the Internal Revenue Service. Certain energy projects, including renewables, mineral extraction, and oil and gas, are particularly well suited for QOFs.
To leverage the tax benefits of the program, a taxpayer must reinvest gain proceeds in a QOF within 180 days from the date of the sale or exchange of a capital asset. A QOF must hold at least 90 percent of the fund's holdings in QOZ property.
Counsel to companies and others in the energy industry must understand the structuring requirements to qualify for--and preserve--these tax benefits through the life of an investment and the interplay with other tax incentives available for energy projects.
Listen as our authoritative panel of energy and tax professionals examines QOZs and QOFs. The panel will discuss tax benefits associated with making energy and other business investments in QOZs, eligibility requirements, the process for getting fund approval, fund formation, and more.
Outline
- Qualified Opportunity Zones: defined
- Qualified Opportunity Funds: eligibility requirements, formation, self-certification
- Tax incentives to invest in Qualified Opportunity Funds/Zones
- Interplay of Qualified Opportunity Zone investments with renewable energy tax incentive programs
- Structuring considerations
Benefits
The panel will review these and other critical issues:
- What are QOZs, and how are they determined?
- How are QOFs approved, and what is the preferred entity structure?
- When must the reinvestment of gains be made, and how long must it be held to qualify for the tax benefits?
- How might QOFs be used in energy projects, and can they be used with other tax incentives?
- What is the status of Treasury regulations interpreting and clarifying essential aspects of the QOZ program?
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