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How does the 100% bonus depreciation work in opportunity zone investments?

If an airline relocated to an OZ and they purchase a new aircraft to satisfy the original use requirement, and that aircraft qualifies for 100% bonus depreciation in year 1, would there be a flow-through benefit at the investor level in the first year? Also, will that depreciation be recaptured if the business is sold after the 10th year?


Answers
  • Peter McNeil
    May 03, 2019

    There are no restrictions on any method of depreciation. However, the fund investor will likely get no year one benefit. The basis in an OZ fund is zero if capital gains being deferred when invested. This means that any loss reported, including depreciation, would be suspended until there is income to offset the loss or additional capital is contributed. Because we are talking persona property, we cannot increase the basis by debt, unless investor accepts recourse liability. Even if we have basis, the losses will be subject to passive loss limits. Make your life easier and just take regular depreciation

  • Blake Christian
    May 03, 2019

    Bonus depreciation is still eligible under the OZ program. The new regulations differentiate whether there will be depreciation recapture. Depreciation recapturing at the subsidiary (vs. fund) level will still generally occur on tangible personal property (vs. real estate/1250 depreciation). This can be avoided with a sale of the OZ interest after 10 years. One additional issue with your fact pattern. Assets that are not in the OZ sufficient time -70% will fail the OZ property test for purposes of semi-annual testing.

  • Ed Mofrad
    May 08, 2019

    All the original tax laws apply, plus the new OZ benefits.

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