WEST ORANGE, NJ—Qualified Opportunity Zones in New Jersey's economically disadvantaged cities present a complex planning challenge for real estate investors, but the generous tax treatment of investments in those zones make it worth taking a look, according to real estate investment experts at the law firm of Chiesa Shahinian & Giantomasi in West Orange.
In an exclusive video interview with GlobeSt.com, firm members Francis J. Giantomasi and Sean M. Aylward say investors should start setting up Opportunity Zone Funds so they are ready to invest in real estate in the 169 zones designated by Gov. Phil Murphy last month, once rules and procedures are established. All of the zones Murphy listed were approved, and represent economically challenged areas in all 21 of New Jersey's counties, according to New Jersey Future.
“We're seeing this as a dramatic incentivization for what I'll call challenged urban development or challenged opportunities of development,” says Giantomasi. “Sean likes to say that it's a cousin of the 1031 program, and that tax deferral will incorporate tax basis additives and delaying of when the taxes are ultimately due.”
“You can roll over the gain from a sale of any type of asset, it could be an appreciated stock portfolio, it could be existing real estate, it could be artwork, and as long as you roll that gain over within 180 days itself into a qualified opportunity fund, you will be eligible for deferral of that gain, a potential step up in basis to that gain, and ultimately the exclusion of the gain that you earn on that investment if you hold the investment for a period in excess of 10 years,” says Aylward. “So it's real tremendous incentives that are being provided to encourage these investments in low income communities.”
You can watch the complete interview with Frank Giantomasi and Sean Aylward in the player below.
If you do not see a video player on this page, you can watch the complete TV interview with Giantomasi and Aylward at this page:
The Opportunity Zone program is getting praise from smart growth advocates.
“Our analysis largely suggests that these Opportunity Zone tracts are places where strategic investments can serve as a strong catalyst for future economic growth,” New Jersey Future executive director Peter Kasabach says. “They have the right combination of good location and durable assets on which to build, and they show the potential to provide the return that Opportunity Fund investors will be seeking.”
The program provides the biggest advantage for investors with highly appreciated assets, Aylward says. A fund set up to take advantage of the zone needs to plan to hold investments in those districts for at least five years, and ideally for ten years.
“If you hold the investment in your qualified fund for five years you'll get a 10 percent step up in basis if you hold it for seven years,” Aylward says. “You'll get an additional five for a total of 15 on December 31, 2026, you have to pay the gain on the original sale, and then if you hold the asset for 10 years, then the additional gain that you earn on that investment will be excluded from income.”
Because rules have not been completely defined, Giantomasi and Aylward are advising clients with assets they want to use to fund Opportunity Zone investments that they should wait to sell those assets until rules for the investment funds are clarified. Clients interested in the strategy are already inquiring about the feasibility of using assets to fund the tax-advantaged investments in other locations, Giantomasi says.
“I had an interesting question today from a client, who said, 'Listen, if I liquidate the asset in New Jersey, do I have to reinvest in New Jersey, or can I reinvest the fund in California or in Alaska?” Giantomasi says. “I said, right now there was no restriction, but let's wait and see.”
Giantomasi says the attorneys are hoping for guidance on the investment process within the month.
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Steve Lubetkin
Steve Lubetkin is the New Jersey and Philadelphia editor for GlobeSt.com. He is currently filling in covering Chicago and Midwest markets until a new permanent editor is named. He previously filled in covering Atlanta. Steve’s journalism background includes print and broadcast reporting for NJ news organizations. His audio and video work for GlobeSt.com has been honored by the Garden State Journalists Association, and he has also been recognized for video by the New Jersey Chapter of the Society of Professional Journalists. He has produced audio podcasts on CRE topics for the NAR Commercial Division and the CCIM Institute. Steve has also served (from August 2017 to March 2018) as national broadcast news correspondent for CEOReport.com, a news website focused on practical advice for senior executives in small- and medium-sized companies. Steve also reports on-camera and covers conferences for NJSpotlight.com, a public policy news coverage website focused on New Jersey government and industry; and for clients of StateBroadcastNews.com, a division of The Lubetkin Media Companies LLC. Steve has been the computer columnist for the Jewish Community Voice of Southern New Jersey, since 1996. Steve is co-author, with Toronto-based podcasting pioneer Donna Papacosta, of the book, The Business of Podcasting: How to Take Your Podcasting Passion from the Personal to the Professional. You can email Steve at [email protected].
