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 allow…
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…
Frequently Asked Questions about Form D When you hire Trowbridge Sidoti LLP to assist with Regulation D offerings under Rule 506, our services include drafting and filing From Ds with the Securities and Exchange Commission (SEC) and the states. State filing fees are charged separately. Below are some frequently asked questions regarding Form Ds: What…
SEC Rolls Out Update to Rule 147 Intrastate Offerings On April 20, 2017, amendments to Rule 147 and new Rule 147A, federal exemptions for intrastate offerings, finally went into effect. The amendments to Rule 147 and new Rule 147A are intended to modernize and update the exemption that allows companies to raise money from investors…
SEC Releases New Compliance and Disclosure Interpretations On Regulation Crowdfunding Yesterday, the SEC’s Division of Corporate Finance released two new Compliance and Disclosure Interpretations (C&DIs) answering questions related to Regulation Crowdfunding (Reg CF). CD&Is are the Commission’s way of giving some informal guidance, through a question and answer format, on how its staff members interpret…
Is the Accredited Investor Restriction Unconstitutional Discrimination? TLDR: no, it’s not, but read the rest if you want to know why. I recently attended CrowdConverge in Las Vegas and overheard an attendee mention how he believed the very concept of ‘accredited investor’ is discrimination based on income. For those who don’t know, U.S. securities laws…
Regulation A+ which revamped the old Regulation A, became effective on June 19, 2015—just over a year ago. Here’s what we’ve seen in the past year: Statistics: Approximately 105 publicly-filed Regulation A+ filings to date, with approximately 44 of those filings qualified by the SEC. 16 of those offerings are actively selling today. On average,…
