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Level 10
July 1, 2024

1031 with DST and QOZ fund

  • July 1, 2024
  • 2 replies
  • 8 views

I don't understand this 1031 completely.

Client 1031 was done with an exchange service provider.  Client's investment property relinquished and deferred gain went to two DSTs. He took 400K cash into his personal account, then invested that into 2 Qualified Opportunity Zone Funds (within 180 days).  I have read the only recognized capital gains are allowed to be invested into QOZ funds.  So that means F8949 is required to report the gain.  What is the amount of the gain?

QOZ funds are not* allowed to be included in a 1031. So, the problem seems to be that the deferred gain calculation must allocate the gain to the 4 investments. But if QOZ funds are not a part of the deferred gain / 1031 then how is the gain on only the QOZ funds calculated?

 

A QOZ fund is not an investment into the underlying real estate.  Therefore, it cannot be a 1031 exchange.

2 replies

sjrcpa
Level 15
July 1, 2024

The $400K your client received is boot. He recognizes gain up to the $400K. Then that gain can be deferred into the QOZ fund.

The more I know the more I don’t know.
Level 10
July 1, 2024

oh boy.

The 400K was taken personally and contributed within the 180-day requirement.

qbteachmt
Level 15
July 1, 2024

"The 400K was taken personally"

He touched it. He had control of it outside of the 1031 exchange, so it is no longer sheltered funds.

"and contributed within the 180-day requirement."

Which rule is this? The one for 1031, which no longer applies to money outside of the exchange service's escrow function?

Don't yell at us; we're volunteers
Level 10
July 1, 2024

Finally, Form 8824.  I need to NOT list the 400K as cash received so that 0 gain is reported.