The Motivation

In the early 80’s, Frank was in his middle 30’s and broke, out of work and trying to support his young family. Every day he would scour the classifieds looking for work that would help him put food on the table.

The Opportunity

One day Frank noticed that an insurance company was running an ad selling nails. These nails had been onboard a railcar that derailed and were purchased by the insurance company as part of the claim.

The Materials

Nails: On a hunch, Frank called the insurance company and offered to sell the nails for them for a 10% profit…and the insurance company agreed. For the next six hours, Frank called everyone he could think of that might want a deal on nails including every construction company in the Twin Cities area. By the end of the day he sold the nails, generated a $2000 profit and had enough money to buy groceries for his family.

Plastics: With no other job prospects in sight, Frank continued to offer to sell damaged goods, excess inventory and scrap materials from manufacturing companies as a way to financially survive. He began to focus on scrap – specifically plastic scrap from manufacturing companies. He made enough money to buy a used van and began picking up scrap for a fee and disposing of it.

Then he had an idea. What if he rented a warehouse and used that space to pulverize plastic scrap into pellets, bag it and sell it back to the manufacturing companies to reuse?

That is exactly what he did and within a few years he was making a good living as the owner/operator of a plastics recycling company.

Giving Back

When things were at their best, Frank decided to sell his business and that’s where OIB entered the picture. We sold the business for a substantial profit to two corporate refugees. I asked Frank at closing why he decided to sell when he did. He said that he was still young, business was booming and he would never forget the desperation he felt before things turned around for him. Once he got to the point where he had enough money to live on, he wanted to dedicate his life to helping people who were less fortunate.

It’s been over a year since Congress passed the Tax Cuts and Jobs Act of 2017. Let’s take a look at Opportunity Zones, a new community investment incentive and tool launched by the act.

The goal: encouraging long-term investments in low-income rural and urban communities nationwide.

The Opportunity Zones program offers a tax incentive for investors to re-invest their unrealized capital gains into dedicated Opportunity Funds. It offers some tax breaks parallel to the popular 1031capital gains exchange, but with more restrictions. Do the benefits make it a good trade-off?

Tax Incentives Offered

The Economic Innovation Group (EIG), a bipartisan public policy organization, has useful online resources for investors wanting to learn more. They are not necessarily entirely objective, however, having helped develop this legislation.

Briefly, here three tax incentives offered by the program, as expressed by the EIG:

• A temporary deferral of inclusion in taxable income for capital gains reinvested into an Opportunity Fund. The deferred gain must be recognized on the earlier of the date on which the opportunity zone investment is disposed of or December 31, 2026
• A step-up in basis for capital gains reinvested in an Opportunity Fund. The basis is increased by 10% if the investment in the Opportunity Fund is held by the taxpayer for at least 5 years and by an additional 5% if held for at least 7 years, thereby excluding up to 15% of the original gain from taxation
• A permanent exclusion from taxable income of capital gains from the sale or exchange of an investment in an Opportunity Fund if the investment is held for at least 10 years. This exclusion only applies to gains accrued after an investment in an Opportunity Fund

On their fact sheet, EIG offers a useful side-by-side comparison of investment returns in a standard portfolio versus an Opportunity Fund, based on 5, 7 and 10 year durations.

While the dual potentials of the program—benefiting struggling neighborhoods while offering tax deferral—are attractive, some details of the program are leaving investors wary.

Some Rules Remain Unclear

On Valentine’s Day 2019, the IRS held a 5-hour-long hearing on the Opportunity Zones, at which 150 people were turned away. Clearly, investors are curious, but the end date of 2026 represents a fairly short investment window, and some rules remain unclear.

Forbes’ February 22 headline “Opportunity Zones – Look Great For Everybody Except Investors” is a sobering example of the possible limitations of the program. Author Peter J. Reilly, a self-described “cynical bastard,” advises investors “forget about it. It really doesn’t make much sense at all.” However, he acknowledges potential upsides for developers and property owners.

With nearly 8,700 designated Opportunity Zones in the US, the program is certainly worth exploring. Due diligence is a must, however, for a program this young whose rules are still being solidified.