Most investors know that Qualified Opportunity Funds (QOFs) offer powerful tax benefits.  Taxpayers can defer the tax on the gains that are reinvested in the QOF until the earlier of December 31, 2026 or when they sell the QOF investment.  Investors in QOFs also have the potential to eliminate tax on all appreciation in excess of the original deferred gain if the investment is held for at least 10 years.  However, many investors are not aware that even if they sell or have a gain event with respect to their QOF, they can reinvest the gain into another QOF and continue to defer taxation and even receive nontaxable capital gains.   

As long as the investor reinvests within the 180-day period following the sale or gain event they may be able to defer that gain again.  They of course will need to meet all of the other requirements that apply to a QOF investment e.g., type and location of investment.  

This approach can provide flexibility if someone wants to exit a QOF investment early due to changes in performance, strategy, or personal needs—without immediately recognizing taxable income. Investors can continue to defer the original gain until the earlier of December 2026 or sale.  In addition, investors still have the potential to exclude future appreciation on the new QOF investment, but a new 10-year holding period begins with the new investment.  

Bottom Line:   By timely reinvesting an amount equal to the gain from an gain event with respect to your QOF investment, you can continue your deferral and potentially qualify for nontaxable capital gains after 10 years.  

“When I was growing up, I always wanted to be someone. Now I realize I should have been more specific.”— Lily Tomlin

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Photo of James Duffy James Duffy

Jim is a partner in Taft’s Tax practice and practices principally in the areas of federal tax law; tax credit financing; individual, partnership and corporate tax planning; M&A; tax-exempt organizations and general commercial and corporate law.

Jim has been actively practicing in the

Jim is a partner in Taft’s Tax practice and practices principally in the areas of federal tax law; tax credit financing; individual, partnership and corporate tax planning; M&A; tax-exempt organizations and general commercial and corporate law.

Jim has been actively practicing in the area of the New Markets Tax Credits (NMTC) program since its inception in 2001. He has organized community development entities (CDEs) and represented CDEs, borrowers and other parties in structuring and closing numerous NMTC transactions. Jim also advises clients regarding Qualified Opportunity Zone matters.

Jim advises LLCs, partnerships, corporations and individuals in connection with the formation of new companies, mergers and acquisitions, formation of joint ventures, like-kind exchanges, ownership succession planning, and general business operations. These clients are involved in a variety of industries, including banking, venture capital, real estate, construction, consulting and investing.

Jim also advises charitable and non-charitable tax-exempt organizations, including health care entities, schools, religious and civic organizations. In addition to advising management of these organizations with respect to matters pertaining to general operation and maintenance of tax-exempt status, Jim has assisted clients in forming, restructuring and dissolving tax-exempt organizations, as well as forming donor- advised funds.

Prior to joining the firm, Jim worked at the law firm of Lewis Rice and Fingersh in St. Louis, Missouri, where he concentrated his practice in federal and state taxation. He also clerked for the Hon. Robert P. Ruwe of the U.S. Tax Court in Washington, D.C.