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How does Opportunity Zone investing work in a non-conforming state?

I live in CA. If I have a capital gains event and want to invest in a QOZF, does California recognize this deferral like the IRS does? Or am I paying taxes on my state income when I receive my capital gains?


Answers
  • Matthew Rappaport
    November 04, 2022

    Non-conforming states simply do not recognize deferral or the basis adjustments in the federal statute. The capital gain and the subsequent OZ investment are both treated as "normal" (i.e., non-OZ) items on the corresponding state tax returns. This creates an accounting headache and zaps out beneficial tax treatment at the state level, but the outcome is clear, unfortunately.

  • Marko Belej
    October 26, 2022

    Unfortunately, even though you can defer the gain for federal income tax purposes, you are still subject to California income tax on the gain.

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