Author name: Nathaniel Dodson

The Tax Cuts and Jobs Act: Creating Qualified Opportunity Funds (QOF) First, any investor who invests capital gains in a QOF, may delay paying taxes on those capital gains until December 31, 2026 or until the investment is sold. Second, if an investor leaves its capital gains invested in a QOF for at least five

I recently had a client that specifically asked me to form their entity in Nevada instead of the state where the property they were syndicating was located. Their reasoning was that Nevada had the best laws for entities like limited liability companies. Is that really true? And if so, does it really matter? If you

What is a Qualified Opportunity Zone? The Tax Cuts and Jobs Act of 2017 created Qualified Opportunity Zones, which are economically-distressed areas designated by the government that provide certain tax benefits to investors in an effort to spur economic development and job creation. (See also https://www.irs.gov/newsroom/opportunity-zones-frequently-asked-questions) Where are Qualified Opportunity Zones located? A map of

In order to create a Qualified Opportunity Fund (QOF), a partnership or corporation (or limited liability company taxed as a partnership or corporation) must file Form 8996 to self-certify with the IRS. Further, the entity must be set up with the sole purpose of operating as a QOF, which may be stated in the organizational

If an investor is interested in taking advantage of the tax benefits associated with Qualified Opportunity Funds (QOF) (See Tax Benefits for Investors in Qualified Opportunity Funds) Any type of capital gain may be invested in a QOF, including, real estate, stock, cryptocurrency, artwork, etc. Typically, real estate requires like-kind for like-kind exchanges, however, QOFs

What is a Qualified Opportunity Fund? The Tax Cuts and Jobs Act of 2017 added many new tax provisions for 2018. One such provision created something called Qualified Opportunity Zones which are intended to spur economic development and job creation in designated distressed communities. People or entities that invest in eligible property located in an

Can I Offer Different Classes of Securities? The short answer is obviously yes, as an issuer of securities you are completely free to offer different classes of securities if the company’s governing documents allow for it (for example, an LLC’s operating agreement or a corporation’s bylaws must be written so that the company can issue

General Solicitation Our firm is often asked whether a social media post constitutes “general solicitation” as prohibited by Rule 506(b) of Regulation D. General solicitation is defined by the SEC to include “advertisements published in newspapers and magazines, public websites, communications broadcasted over television and radio, and seminars where attendees have been invited by general