Enlarge image | Initial and Annual Statement of OMB No. 1545-0123 Form 8997 Qualified Opportunity Fund (QOF) Investments Department of the Treasury Attach to your tax return. Attachment 2023 Internal Revenue Service Go to www.irs.gov/Form8997 for the latest information. Sequence No. 997 Name Tax identification number (see instructions) Part I Total QOF Investment Holdings Due to Deferrals Prior to Beginning of Tax Year If different from last year’s ending QOF investment holdings, attach explanation. (a) (b) (c) (d) Deferred gain held in QOF Qualified Date QOF Description of QOF investment Special (e) (f) Opportunity investment (for example, 100 shares or 25% interest) gain Amount of short-term Amount of long-term Fund (QOF) acquired code deferred gain deferred gain EIN (MM/DD/YYYY) remaining in QOF remaining in QOF 1 Enter the totals, if any, from continuation sheet . . . . . . . . . . . . . 2 Enter the totals from columns (e) and (f) . . . . . . . . . . . . . . . . Part II Current Tax Year Capital Gains Deferred by Investing in QOF (a) (b) (c) (d) Deferred gain invested in QOF Qualified Date QOF Description of interest acquired Special (e) (f) Opportunity investment (for example, 100 shares or 25% interest) gain Amount of short-term Amount of long-term Fund (QOF) acquired code deferred gain deferred gain EIN (MM/DD/YYYY) remaining in QOF remaining in QOF 1 Enter the totals, if any, from continuation sheet . . . . . . . . . . . . . 2 Enter the totals from columns (e) and (f). See instructions for reporting on Form 8949 . Applicability of Special Rules Regarding the Waiver of Certain Treaty Benefits Are you a foreign eligible taxpayer? See instructions for more information. Yes. You may not elect to defer tax on an eligible gain by investing in a QOF unless you check “Yes” in response to the next question. No. Skip the next question and go to Part III. Waiver of Treaty Benefits on Future Inclusions by a Foreign Eligible Taxpayer Do you hereby irrevocably waive any benefits available under an applicable U.S. income tax convention that would exempt gains that you are deferring by investing in a QOF from being subject to federal income tax at the time of inclusion? See instructions for more information. Yes. Report the deferral of the eligible gain in Part II and on Form 8949. No. You may not elect to defer tax on an eligible gain by investing in a QOF. Do not report the deferral of any otherwise eligible gain in Part II or on Form 8949. For Paperwork Reduction Act Notice, see your tax return instructions. Cat. No. 37821R Form 8997 (2023) |
Enlarge image | Form 8997 (2023) Page 2 Part III Inclusion Events and Certain Other Transfers During the Current Tax Year Deferred gain included (a) (b) (c) (d) due to disposition of QOF interest Qualified Date of event Description of event Special Opportunity (MM/DD/YYYY) (for example, sale of 100 shares, gift of 25% interest, gain (e) (f) Amount of previously Amount of previously Fund (QOF) or distribution of $1,000, etc.) code deferred short-term deferred long-term EIN gain now included in gain now included in taxable income taxable income 1 Enter the totals, if any, from continuation sheet . . . . . . . . . . . . . 2 Enter the totals from columns (e) and (f). See instructions for reporting on Form 8949 . Check this box if you disposed of any investment(s) and didn’t receive a Form 1099-B reporting the disposition from the QOF or other third party. See the Instructions for Form 8949 for reporting requirements of any gain or loss. Part IV Total QOF Investments Due to Deferrals at Year End (see instructions) (a) (b) (c) (d) Deferred gain invested in QOF investment Qualified Date QOF Description of interest acquired Special (e) (f) Opportunity investment (for example, 100 shares or 25% interest) gain Amount of short-term Amount of long-term Fund (QOF) acquired code deferred gain deferred gain EIN (MM/DD/YYYY) invested in QOF invested in QOF 1 Enter the totals, if any, from continuation sheet . . . . . . . . . . . . . 2 Enter the totals from columns (e) and (f) . . . . . . . . . . . . . . . . Form 8997 (2023) |
Enlarge image | Form 8997 (2023) Page 3 Section references are to the Internal with special allocations. Generally, the Part I Revenue Code unless otherwise noted. investment in the QOF must have occurred within the 180-day period Complete Part I to declare your QOF General Instructions beginning on the date the gain would be investments held at the beginning of the recognized for federal income tax current tax year; for individuals, this Future Developments purposes if the eligible taxpayer didn’t would generally be January 1, 2023. elect to defer recognition of that gain. A Complete columns (a) through (d) for For the latest information about QOF investment is also reported on each QOF investment. When reporting developments related to Form 8997 and Form 8949; other non-qualifying the amount of the deferred gain, use the its instructions, such as legislation investments in the entity certified as a appropriate column (either (e) or (f)) enacted after they were published, go to QOF are not reported on Form 8997. depending on whether the remaining www.irs.gov/Form8997. deferred capital gain in the fund was a Special gain code (SGC). An SGC is a short-term or a long-term capital gain. What’s New code that is entered when the QOF investment originated from an elected Identification requirement for Basis adjustment due to 5-year deferred gain, where the gain was: acquisition from another taxpayer in a holding period. If you held your noninclusion transfer. If you acquired investment in the Qualified Opportunity SGC Gain Origination the QOF investment during the tax year Fund for at least 5 years, you may be A Section 1256 gain or in a prior tax year in a transaction that eligible for a basis adjustment increase was, in whole or in part, not an inclusion of 10% of the deferred gain (the amount B Form 4797 (section 1231) event under Regulations section of your investment). See Part III for more C Straddle(s) 1.1400Z2(b)‐1(c), provide the following information. D Collectibles information relating to the transferor of the QOF investment. Enter in column (c) If you are eligible for the basis E Exempt by treaty (but for the taxpayer name, taxpayer period and you file Form 8997 before adjustment due to the 5-year holding election to defer rather than identification number, and the date the claim exemption) June 30, 2024, see the Caution in Part III QOF investment was transferred to you. for more information. F Deferred gain relating to a Enter in column (d) special gain code noninclusion transfer “F.” Purpose of Form G Adjustment to basis 5-year Identification requirement for transfer The Tax Cuts and Jobs Act (TCJA), to another taxpayer in a noninclusion section 13823, added section 1400Z-1 Who Must File transfer. If you disposed of a QOF to provide for the designation of certain An eligible taxpayer holding a QOF investment during the tax year in a census tracts as qualified opportunity investment at any point during the tax transaction that was, in whole or in part, zones (QOZs) and added section year must file Form 8997 with the not an inclusion event under Regulations 1400Z-2 to provide certain benefits for taxpayer’s timely filed federal income tax section 1.1400Z2(b)‐1(c), provide the investments in these QOZs through return (including extensions). An eligible following information relating to the investment in qualified opportunity funds taxpayer is a person that is required to transferee of the QOF investment. Enter (QOFs). Taxpayers that invest in QOZ report the recognition of gains during the in column (c) the taxpayer name, property through a QOF can defer the tax year under federal income tax taxpayer identification number, and the recognition of certain gains. See accounting principles. If you are not date the QOF investment was disposed Definitions, later. otherwise required to file a return, with of. Enter in column (d) special gain code An investor in a QOF uses Form 8997 the exception of grantor trusts, but you “F.” to inform the IRS of the QOF investments held a QOF investment at any point and deferred gains held at the beginning during the tax year, attach Form 8997 to Part II and end of the current tax year, as well an appropriate return, such as Form Complete Part II to report your capital as any capital gains deferred by 1040-NR or Form 1120-F, with your gains for the current tax year that were investing in a QOF and QOF investments name, address, and identification deferred by investing in a QOF. disposed of during the current tax year. number. Complete columns (a) through (d) for See www.irs.gov/Ozfaqs for more Instructions for consolidated groups. each QOF investment. When reporting information and guidance. A consolidated group should include the amount of the deferred gain, use the with the group’s return a separate Form appropriate column (either (e) or (f)) Definitions 8997 for each group member that held a depending on whether the capital gain Qualified opportunity fund (QOF). A QOF investment during the tax year. deferred was a short-term or a long-term capital gain. QOF is an investment vehicle organized as a corporation or a partnership for the Specific Instructions Identification requirement for purpose of investing in QOZ property acquisition from another taxpayer in a (other than another QOF) that holds at Name and Address noninclusion transfer. If you acquired the QOF investment during the tax year least 90% of its assets in QOZ property. Print or type the information in the in a transaction that was, in whole or in See the Instructions for Form 8996 for spaces provided. part, not an inclusion event under more information. Taxpayer identification number. If you Regulations section 1.1400Z2(b)‐1(c), Qualified opportunity fund (QOF) are an individual, enter your social provide the following information relating investment. A QOF investment is an security number (SSN) or your individual to the transferor of the QOF investment. investment of eligible gain into a QOF to taxpayer identification number (ITIN). For Enter in column (c) the taxpayer name, defer recognition of the eligible gain. The C corporations, partnerships, S taxpayer identification number, and the investment in the QOF must be in the corporations, trusts (non-grantor trusts), date the QOF investment was form of an equity interest in the QOF, estates, and Indian tribes, enter the transferred to you. Enter in column (d) which may include preferred stock or employer identification number (EIN). special gain code “F.” partnership interests, including those |
Enlarge image | Form 8997 (2023) Page 4 Identification requirement for transfer Complete columns (a) through (c) for Part IV to another taxpayer in a noninclusion each QOF investment. When reporting transfer. If you disposed of a QOF the amount of the deferred gain now Complete Part IV to report your deferred investment during the tax year in a included, due to the inclusion event, gain held during the tax year that was transaction that was, in whole or in part, complete column (d) and report the not invested and your QOF investments not an inclusion event under Regulations amount of the gain in the appropriate held due to current year capital gain section 1.1400Z2(b)‐ 1(c), provide the column (either (e) or (f)) depending on deferrals and prior tax year(s) deferrals; following information relating to the whether the previously deferred capital for individuals, this would generally be transferee of the QOF investment. Enter gain was a short-term or a long-term December 31, 2023. Complete columns in column (c) the taxpayer name, capital gain. If your transaction falls (a) through (d) for each QOF investment. taxpayer identification number, and the under an exception in the regulations so When reporting the amount of the date the QOF investment was disposed that no deferred gain is now included, deferred gain, use the appropriate of. Enter in column (d) special gain code enter in column (c) the word “Exception” column (either (e) or (f)) depending on “F.” and a citation to the applicable whether the deferred capital gain was a paragraph of the regulations; leave short-term or a long-term capital gain. Waiver of Treaty Benefits on columns (d)–(f) blank. If one of your QOF investments is the Future Inclusions by a Check the box in Part III if you continuation of an investment in a Foreign Eligible Taxpayer disposed of a QOF investment during different QOF (for example, due to a the current tax year and didn’t receive a reorganization), enter in column (c) the If you are a foreign eligible taxpayer (an Form 1099-B from the QOF or other third word “Formerly” and the earlier QOF’s eligible taxpayer that is not a U.S. person party reporting the disposition. EIN. within the meaning of section 7701(a)(30) or that is treated as a resident of another Basis adjustment due to 5-year Identification requirement for country for purposes of an applicable holding period. To report an inclusion acquisition from another taxpayer in a income tax treaty), you must, for any event that involves an adjustment to noninclusion transfer. If you acquired capital gains that you are deferring by basis due to the amount of time you held the QOF investment in a transaction that investing in a QOF, irrevocably waive any the investment, complete columns (a) was, in whole or in part, not an inclusion benefits available under an applicable through (d) for each QOF investment event under Regulations section U.S. income tax convention that would being disposed that individually meets 1.1400Z2(b)‐1(c), provide the following exempt such gains from being subject to the 5-year holding period requirement. information relating to the transferor of federal income tax at the time of See Regulations section 1.1400Z2(b)-1(g) the QOF investment. Enter in column (c) inclusion. A foreign eligible taxpayer for further guidance on calculating the the taxpayer name, taxpayer includes, for example, any individual who basis and Regulations section identification number, and the date the is required to file Form 1040-NR, a 1.1400Z2(b)-1(d) for further guidance on QOF investment was transferred to you. foreign corporation, and a foreign estate calculating the holding period. In column Enter in column (d) special gain code or trust. A citizen or resident alien of the (c), put “Adjustment to basis 5-year” and “F.” United States who is required to file in column (d) enter special code “G.” Additional Investments Form 1040 or 1040-SR is not a foreign If you file Form 8997 before June benefits, a foreign eligible taxpayer must ▲ 30, 2024, do not enter special Attach and label a separate continuation eligible taxpayer. To waive treaty CAUTION! gain code “G” in column (d). sheet if the number of QOF investments check the “Yes” box provided on page 1 Leave column (d) blank. Attach a to be reported on Part I, II, III, or IV of Form 8997 under Waiver of Treaty statement which states: “Reporting basis exceeds the amount of lines provided. Benefits on Future Inclusions by a adjustment due to 5-year holding Transfer the deferred gains from the Foreign Eligible Taxpayer. period.” If you file Form 8997 after June continuation sheet to the line on each Note: The waiver of treaty benefits on 30, 2024, enter special gain code “G” in part for totals from a continuation sheet Form 8997 generally doesn’t apply to column (d). No attachment is necessary. and enter the amounts in the appropriate column (either (e) or (f)) depending on partnerships. See Regulations section When reporting the amount of the whether the deferred capital gain 1.1400Z2(a)-1(b)(11)(ix)(A)(3). adjustment, due to the inclusion event, invested in the fund was a short-term or report the amount of the adjustment in a long-term capital gain. Part III the appropriate column (either (e) or (f)) Complete Part III to report inclusion depending on whether the previously events during the current tax year for deferred capital gain was a short-term or your QOF interests. An inclusion event a long-term capital gain for each EIN. occurs if you sold or transferred your Identification requirement for QOF investment, if you received a acquisition from another taxpayer in a distribution from the QOF, if you noninclusion transfer. If you acquired declared your QOF interest worthless, if the QOF investment in a transaction that the QOF ceased to be a QOF, or if you was, in whole or in part, not an inclusion or the QOF engaged in certain other event under Regulations section transactions. Some transactions are 1.1400Z2(b)‐1(c), provide the following excepted from being inclusion events. information relating to the transferor of See Regulations section 1.1400Z2(b)-1(c) the QOF investment. Enter in column (c) for a full list of inclusion events and the taxpayer name, taxpayer exceptions. identification number, and the date the QOF investment was transferred to you. Enter in column (d) special gain code “F.” |