The QOZ tax credits were enacted in 2017 and sunset on December 31, 2026. This credit allows taxpayers to defer until December 31, 2026, the taxation of gain that they reinvest in a QOZ. The amount of deferred gain that is taxable is reduced by 10% if the QOZ investment has been held for 5 years as December 31, 2026, and another 5% if it has been held for 7 years at that time. Any additional gain on the investment would not be taxable at all if it is held for 10 years.

The One Big Beautiful Bill Act (OBBBA) has permanently extended the QOZ tax credit with some changes. Here are a few highlights.

  • As with the prior law, if a QOZ investment is held for 5 years, only 90% of the deferred gain is taxable. The new law eliminates the additional 5% reduction in taxable gain for investments held for 7 years.
  • By contrast, for investments in Qualified Rural Opportunity Zones, if the investment is held for 5 years, the gain subject to tax is reduced to 70% (as opposed to 90% for non-rural investments).
  • Gain accruing on investments (whether urban or rural) after the 5th anniversary that are held for more than 10 years will still be nontaxable. However, any gain accruing after the 30th anniversary of the investment will be taxable.
  • As of January 1, 2027, for a census tract to qualify as a Qualified Opportunity Zone, it must have median income that is 70% or less of the Area Median Income (AMI) as opposed to 80% of AMI as under current law.

Bottom Line: The extension of the QOZ tax credits continues to be a great opportunity to defer gain on the sale of investments and now there are additional benefits available for rural investments.

“I fear one day I’ll meet God, he’ll sneeze and I won’t know what to say.”- Ronnie Shakes

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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.