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BECKER: THE OPPORTUNITY ZONE EXPERTS

Becker is in a unique position to advise on Opportunity Zone investment, and the related issues that may arise in conjunction with participation in the program.

Becker offers an A to Z suite of practice areas necessary to help you understand and implement your strategies for participation in the Qualified Opportunity Zone program whether you are a public entity, developer, or investor. We understand that operating in this space requires a cross-practice, multifaceted approach to navigating the policy, logistical, legal, and regulatory hurdles that may arise. Our multi-disciplined team of government policy, real estate, construction, public-private partnership (P3), corporate, and estate planning professionals collaborate to advise and provide full-service guidance to educate clients about the program, evaluate whether the program is consistent with client goals, address legal and regulatory hurdles, and help execute engagement in the program.

ABOUT OPPORTUNITY ZONES

The program provides a tax incentive for investors to re-invest their unrealized capital gains into so-called “Opportunity Funds” that are dedicated to investing into state-designated Opportunity Zones. The sites are chosen by the state and then approved by the Federal government.

8,761 communities in all 50 states, D.C. and five U.S. territories have been designated as Opportunity Zones, including 427 Opportunity Zone sites in Florida alone. These communities present both the need for investment and significant investment opportunities:

  • Average poverty rates of 32 percent compared with a U.S. average rate of 17 percent.
  • Unemployment rates 1.6 times higher than the average U.S. census tract.
  • Median family income on average 37 percent below the state median.

Under the program, individuals and other entities can delay paying federal income tax on capital gains until as late as December 31, 2026 if those gains are invested in “Opportunity Funds” that invest at least 90% of their assets in businesses or tangible property located in low-income areas designated as Opportunity Zones. The tax benefits could reduce the cost of capital for these projects, making them more viable, especially when paired with other development incentives like the New Markets Tax Credit. Congress intended that the OZ program operate with minimal restrictions in order to maximize investor participation and thus economic activity and job creation.

Investors benefit when they invest the amount of prior capital gains in these designated Opportunity Zones.

ECONOMIC BENEFITS

Developing Communities

Opportunity Zones represent more than a simple tax break – they are a powerful vehicle for bringing economic growth to communities that need it most, but have not had the investment historically to independently create jobs, build environments to incentivize business relocation, or increase the quality of life for their residents. Opportunity Zones can help create momentum in communities that need a boost in their economic recovery efforts, representing a vital new funding opportunity for cities and counties throughout the country.

The Becker QOZ Team provides a full spectrum of cross-practice services to help fund sponsors, cities/counties, developers, innovators, and investors understand and implement this new program in order to unlock its full investment potential.

Who Should Participate in the OZ Program?

This program will have numerous stakeholders representing an equal number of perspectives, including:

  • Cities, Counties and Community Redevelopment Associations
  • Fund sponsors
  • Real estate developers
  • Public/Private Colleges and Universities
  • Innovators and Tech Startups
  • Family Offices, Institutional and Private Investors

A Summary of the Newly Announced Second Set of Regulations

At White House Conference on Opportunity Zones, President Trump and Secretary Mnuchin Announce Second Round of Regulations

The Department of the Treasury released its second set of proposed rules for the tax-incentive program designed to encourage economic development in distressed areas throughout the U.S. known as the Qualified Opportunity Zone Program.

Becker Senior Government Relations Consultant Clarence Williams attended an invitation-only White House conference on Opportunity Zones where Secretary Steve Mnuchin outlined some of the more high-profile proposed regulations before and after speeches given by HUD Secretary Ben Carson, Council on Economic Advisors Chairman Kevin Hassett, and President Trump himself.

The 169-page proposal gives investors interested in these areas additional leeway and a more flexible timeline, according to Secretary Mnuchin. The rules also give investing funds a one-year grace period to sell assets and reinvest the proceeds, thus avoiding penalties intended to prevent funds from sitting on the cash.

View Article

A Summary of the Newly Announced Second Set of Regulations

Senior Government Relations Consultant Clarence Williams gave a firm-wide presentation on the Qualified Opportunity Zone Program. He explored various topics of interest including the formation of Qualified Opportunity Zones (QOZ), laws pertaining to QOZs, and the various uses associated with them.

Watch the Video Teaser on Youtube

LIVE NEWS FEEDS

National

  • Two Dozen Groups Back Ending State Tax Break in Opportunity Zones
    28 Feb 2021 09:07
    Spectrum News NY1 Good-government organizations, labor, and advocacy groups in New York have signed onto a push by Sen. Mike Gianaris to remove the state tax break from the federal Opportunity Zone program.  All told, 24 groups, including NYSUT, 1199 SEIU, CWA District 1, …

  • Revitalization without gentrification? Reno 8 Motel turns into 'SuperGr8' project
    28 Feb 2021 09:07
    Reno Gazette-Journal - Nevada A Bay Area real estate developer is remodeling an old motel on East Fourth Street into transitional housing — a key need as Reno continues to struggle with housing affordability and homelessness. San Francisco-based Common Ground Development is turning the …

  • Republic Properties to Develop $190M Life Sciences Facility in Philadelphia - REBusinessOnline
    28 Feb 2021 09:07
    Pennsylvania News.Net Above is a rendering of Ultra Labs at University City, which will be home to cell and gene therapy users upon completion. Scheer Partners is leading the leasing assignment for the 11-story project. PHILADELPHIA — Republic Properties Corp., a privately …

  • 2021 could be Sandy Springs’ year of North End plans and water rate cuts
    28 Feb 2021 09:07
    Reporter Newspapers - Georgia 2021 may be the year that the city finally kicks off redevelopment of North End shopping centers into vast new mixed-use communities and finds out whether it can cut local water rates. At its annual retreat Jan. 26, where the coming year’s policies are set …

  • CommuniHealth Services breaks ground on $14-million clinic
    27 Feb 2021 22:14
    Concordia Sentinel Morehouse Community Medical Centers, Inc. dba CommuniHealth Services (CHS) last week announced the closing of $12 million in New Markets Tax Credit funding that will finance the development of a new, 41,267 sq ft state-of-the-art clinic facility in …

Florida

  • Momentum builds at massive shopping mall transformation
    26 Feb 2021 23:08
    The Business Observer Real estate executive Chris Bowen knows what the former University Mall site in Tampa isn’t going to be when the massive transformation of the property is complete. It won’t be a mall, for sure. It won’t even be a lifestyle center, following a path several …

  • NWS Pueblo Issues Winter Storm Watch for SE Colorado - The Prowers Journal
    15 Feb 2021 13:30
    Colorado State News Select Month February 2021  (47) January 2021  (72) December 2020  (104) November 2020  (80) October 2020  (81) September 2020  (80) August 2020  (71) July 2020  (87) June 2020  (62) May 2020  (64) April 2020  (84) March 2020  (83) February 2020  (64) …

  • FYI Miami: February 11, 2021
    10 Feb 2021 22:41
    Miami Today Written by Miami Today on February 9, 2021 Below are some of the FYIs in this week’s edition. The entire content of this week’s FYIs and Insider sections is available by subscription only. To subscribe click here. MIAMILAND A MONEYMAKER: The Greater Miami …

  • How States Can Direct Economic Development to Places and People in Need
    02 Feb 2021 15:48
    The Pew Charitable Trusts Overview Data from an array of sources has shown that Americans who grow up in economically distressed areas experience lower-performing schools, higher crime rates, a variety of health and environmental hazards, and less upward mobility. The consequences …

  • The Government Donald Trump Left Behind
    01 Feb 2021 11:09
    Government Executive According to a ProPublica analysis, all three Trump-appointed justices could remain with the court until 2050 or beyond by simply staying through or slightly beyond the average age of retirement for the court. Trump’s relative success with Supreme Court …

ADDITIONAL RESOURCES

Treasury-Regs_Page_01-Outline
TREASURY REGULATIONS
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Opportunity-Zones-Summary_Page_1
OPPORTUNITY ZONE SUMMARY
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Treasury-Releases-Proposed-Opportunity-Zone-Regulations_Page_1
PROPOSED OPPORTUNITY ZONE REGULATIONS
DOWNLOAD
Opportunity-Zones-PPT
THE QUALIFIED OPPORTUNITY ZONE PROGRAM
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BECKER’S UNIQUE CAPABILITIES

Government Law and Lobbying

Our Government Law and Lobbying practice educates entities on the development of investable projects; advises on regulatory considerations related to organizing and operating Opportunity Funds; advises public clients on complimentary funding mechanisms; hosts presentations and speaking engagements on the QOZ program as the program continues implementation; and, continues to follow regulatory and statutory progress providing advocacy as needed.

Real Estate

Real Estate Law has been a core practice for Becker since its founding in 1973. Our clients include national developers, business and property owners, and financial institutions. The firm’s Real Estate attorneys have helped shape the local landscape through representation of developers of multi-family and single-family residential communities; business and property owners; and financial institutions. They have represented clients in the successful acquisition, financing, development and sale of all types of unimproved land and improved properties for residential and commercial use, including large land assemblages, major office buildings and office parks, shopping malls and centers, luxury hotels and resorts, condominiums and multi-family housing projects.

Construction Law and Litigation

With one of the largest, dedicated teams of Board Certified Construction attorneys, Becker’s Construction Law Practice Group is well-known nationally for its knowledge of the construction industry and experience effectively protecting the interests of its clients. Our construction attorneys represent clients in both transactions and disputes ranging from single- and multi-family dwellings to large commercial buildings, planned unit developments, multi-use retail, industrial and governmental projects.

Public, Private Partnership (P3)

As QOZs are designated based on community statistics, many zones are densely residential areas, where large-scale development may prove difficult. While 90% of Opportunity Zone funds must be invested inside the QOZ, remaining investment for joint projects may extend outside of those boundaries, where additional investment may be needed to complete multi-phase projects. Becker’s Public, Private Partnership (P3) team has proven public and private sector knowledge, experience and contacts to assist governmental entities and private businesses and entities seeking to partner on public facilities projects.

Corporate Law

Becker’s Corporate Practice Group takes pride in quarterbacking our clients’ transactions and focuses on closing. We consider your success, our success. Among other areas, our New York, Florida, and New Jersey-based team handles Asset Protection, Wealth & Business Preservation; Broker-Dealers & Investment Advising; Private Funds; Intellectual Property; Capital Markets; Private Equity; Corporate Tax Transactions and Planning; and, Tax Controversies.

IN THE NEWS

Opportunity Zones Seen as Bonus
Rather Than Driving Force on Deals

May 16, 2019

View Article
An aerial graphic showing the 3-acre site, located in an opportunity zone at 17th Street and Biscayne Boulevard, that's being sold (foreground) and existing high-rises to the east.

ZONE MAP

Florida-Locations
For a list of Florida’s Qualified
Opportunity Zones, Click Here
for a searchable map of all Qualified Opportunity Zones, Click Here

CONTACT US

Opportunity Zones are an important stepping stone to wealth creation in low-income communities and opportunity for businesses and investors to bring jobs and development into these neighborhoods. Your Becker & Poliakoff team is immediately ready to partner with you in this fast-moving opportunity.

ESB-Bio-Magenta

Ellyn S. Bogdanoff

Government Law & Lobbying

Fort Lauderdale, FL

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Robert C. Brighton, Jr.

Corporate

Fort Lauderdale, FL

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Adam M. Cohen

Real Estate
Corporate

Fort Lauderdale, FL

JBD-Bio-Magenta

Jennifer Bales Drake

Real Estate, Corporate
Public, Private Partnerships (P3)

Fort Lauderdale, FL

SBL-Bio-Magenta

Steven B. Lesser

Construction Law & Litigation

Fort Lauderdale, FL

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Nicholas G. Matthews

Government Law & Lobbying

Fort Lauderdale, FL

AaronPruss-magenta

Aaron J. Pruss

Construction Law & Litigation

Fort Myers, FL

PCR-Bio-Magenta

Philip C. Rosen

Real Estate
Corporate

Fort Lauderdale, FL

LAW-Bio-Magenta

Lee A. Weintraub

Construction Law & Litigation
Public, Private Partnerships (P3)

Fort Lauderdale, FL

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Clarence Williams

Government Law & Lobbying

Washington, D.C.

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