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 2022 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 (2022) |
Enlarge image | Form 8997 (2022) 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 (2022) |
Enlarge image | Form 8997 (2022) Page 3 Section references are to the Internal Special gain code (SGC). An SGC is a Identification requirement for Revenue Code unless otherwise noted. code that is entered when the QOF acquisition from another taxpayer in a investment originated from an elected noninclusion transfer. If you acquired General Instructions deferred gain, where the gain was: the QOF investment during the tax year SGC Gain Origination or in a prior tax year in a transaction that was, in whole or in part, not an inclusion Future Developments A Section 1256 gain event under Regulations section For the latest information about B Form 4797 (section 1231) 1.1400Z2(b)‐1(c), provide the following developments related to Form 8997 and C Straddle(s) information relating to the transferor of its instructions, such as legislation the QOF investment. Enter in column (c) enacted after they were published, go to D Collectibles the taxpayer name, taxpayer www.irs.gov/Form8997. E Exempt by treaty (but for identification number, and the date the election to defer rather than QOF investment was transferred to you. Purpose of Form claim exemption) Enter in column (d) special gain code “F.” The Tax Cuts and Jobs Act (TCJA), F Deferred gain relating to a section 13823, added section 1400Z-1 noninclusion transfer Identification requirement for transfer to another taxpayer in a noninclusion to provide for the designation of certain transfer. If you disposed of a QOF census tracts as qualified opportunity Who Must File investment during the tax year in a zones (QOZs) and added section An eligible taxpayer holding a QOF transaction that was, in whole or in part, 1400Z-2 to provide certain benefits for investment at any point during the tax not an inclusion event under Regulations investments in these QOZs through year must file Form 8997 with the section 1.1400Z2(b)‐1(c), provide the investment in qualified opportunity funds taxpayer’s timely filed federal income tax following information relating to the (QOFs). Taxpayers that invest in QOZ return (including extensions). An eligible transferee of the QOF investment. Enter property through a QOF can defer the taxpayer is a person that is required to in column (c) the taxpayer name, taxpayer recognition of certain gains. See report the recognition of gains during the identification number, and the date the Definitions, later. tax year under federal income tax QOF investment was disposed of. Enter An investor in a QOF uses Form 8997 accounting principles. If you are not in column (d) special gain code “F.” to inform the IRS of the QOF otherwise required to file a return, with investments and deferred gains held at the exception of grantor trusts, but you Part II the beginning and end of the current tax are an eligible taxpayer who held a QOF year, as well as any capital gains investment at any point during the tax Complete Part II to report your capital deferred by investing in a QOF and QOF year, attach Form 8997 to an appropriate gains for the current tax year that were investments disposed of during the return, such as Form 1040-NR or Form deferred by investing in a QOF. current tax year. See www.irs.gov/ 1120-F, with your name, address, and Complete columns (a) through (d) for Ozfaqs for more information and identification number. each QOF investment. When reporting the amount of the deferred gain, use the guidance. Instructions for consolidated groups. appropriate column (either (e) or (f)) A consolidated group should include depending on whether the capital gain Definitions with the group’s return a separate Form deferred was a short-term or a long-term Qualified opportunity fund (QOF). A 8997 for each group member that held a capital gain. QOF is an investment vehicle organized QOF investment during the tax year. Identification requirement for as a corporation or a partnership for the acquisition from another taxpayer in a purpose of investing in QOZ property Specific Instructions noninclusion transfer. If you acquired (other than another QOF) that holds at the QOF investment during the tax year least 90% of its assets in QOZ property. Name and Address in a transaction that was, in whole or in See the Instructions for Form 8996 for part, not an inclusion event under more information. Print or type the information in the spaces provided. Regulations section 1.1400Z2(b)‐1(c), Qualified opportunity fund (QOF) provide the following information relating investment. A QOF investment is an Taxpayer identification number. If you to the transferor of the QOF investment. investment of eligible gain into a QOF to are an individual, enter your social Enter in column (c) the taxpayer name, defer recognition of the eligible gain. The security number (SSN) or your individual taxpayer identification number, and the investment in the QOF must be in the taxpayer identification number (ITIN). For date the QOF investment was form of an equity interest in the QOF, C corporations, partnerships, S transferred to you. Enter in column (d) which may include preferred stock or corporations, trusts (non-grantor trusts), special gain code “F.” partnership interests, including those estates, and Indian tribes, enter the with special allocations. Generally, the employer identification number (EIN). Identification requirement for transfer to another taxpayer in a noninclusion investment in the QOF must have Part I transfer. If you disposed of a QOF occurred within the 180-day period investment during the tax year in a beginning on the date the gain would be Complete Part I to declare your QOF transaction that was, in whole or in part, recognized for federal income tax investments held at the beginning of the not an inclusion event under Regulations purposes if the eligible taxpayer didn’t current tax year; for individuals, this section 1.1400Z2(b)‐1(c), provide the elect to defer recognition of that gain. A would generally be January 1, 2022. following information relating to the QOF investment is also reported on Complete columns (a) through (d) for transferee of the QOF investment. Enter Form 8949; other non-qualifying each QOF investment. When reporting in column (c) the taxpayer name, taxpayer investments in the entity certified as a the amount of the deferred gain, use the identification number, and the date the QOF are not reported on Form 8997. appropriate column (either (e) or (f)) QOF investment was disposed of. Enter depending on whether the remaining in column (d) special gain code “F.” deferred capital gain in the fund was a short-term or a long-term capital gain. |
Enlarge image | Form 8997 (2022) Page 4 Waiver of Treaty Benefits on excepted from being inclusion events. deferrals and prior tax year(s) deferrals; See Regulations section 1.1400Z2(b)-1(c) for individuals, this would generally be Future Inclusions by a for a full list of inclusion events and December 31, 2022. Complete columns Foreign Eligible Taxpayer exceptions. (a) through (d) for each QOF investment. If you are a foreign eligible taxpayer (an Complete columns (a) through (c) for When reporting the amount of the eligible taxpayer that is not a U.S. person each QOF investment. When reporting deferred gain, use the appropriate within the meaning of section 7701(a)(30) the amount of the deferred gain now column (either (e) or (f)) depending on or that is treated as a resident of another included, due to the inclusion event, whether the deferred capital gain was a country for purposes of an applicable complete column (d) and report the short-term or a long-term capital gain. income tax treaty), you must, for any amount of the gain in the appropriate If one of your QOF investments is the capital gains that you are deferring by column (either (e) or (f)) depending on continuation of an investment in a investing in a QOF, irrevocably waive any whether the previously deferred capital different QOF (for example, due to a benefits available under an applicable gain was a short-term or a long-term reorganization), enter in column (c) the U.S. income tax convention that would capital gain. If your transaction falls word “Formerly” and the earlier QOF’s exempt such gains from being subject to under an exception in the regulations so EIN. federal income tax at the time of that no deferred gain is now included, Identification requirement for inclusion. A foreign eligible taxpayer enter in column (c) the word “Exception” acquisition from another taxpayer in a includes, for example, any individual who and a citation to the applicable noninclusion transfer. If you acquired is required to file Form 1040-NR, a paragraph of the regulations; leave the QOF investment in a transaction that foreign corporation, and a foreign estate columns (d)–(f) blank. was, in whole or in part, not an inclusion or trust. A citizen or resident alien of the Check the box in Part III if you event under Regulations section United States who is required to file disposed of a QOF investment during 1.1400Z2(b)‐1(c), provide the following Form 1040 or 1040-SR is not a foreign the current tax year and didn’t receive a information relating to the transferor of eligible taxpayer. To waive treaty Form 1099-B from the QOF or other third the QOF investment. Enter in column (c) benefits, a foreign eligible taxpayer must party reporting the disposition. the taxpayer name, taxpayer check the “Yes” box provided on page 1 identification number, and the date the of Form 8997 under Waiver of Treaty Identification requirement for Benefits on Future Inclusions by a acquisition from another taxpayer in a QOF investment was transferred to you. Foreign Eligible Taxpayer. noninclusion transfer. If you acquired Enter in column (d) special gain code “F.” the QOF investment in a transaction that Note: The waiver of treaty benefits on was, in whole or in part, not an inclusion Additional Investments Form 8997 generally doesn’t apply to event under Regulations section Attach and label a separate continuation partnerships. See Regulations section 1.1400Z2(b)‐ 1(c), provide the following sheet if the number of QOF investments 1.1400Z2(a)-1(b)(11)(ix)(A)(3). information relating to the transferor of to be reported on Part I, II, III, or IV Part III the QOF investment. Enter in column (c) exceeds the amount of lines provided. the taxpayer name, taxpayer Transfer the deferred gains from the Complete Part III to report inclusion identification number, and the date the continuation sheet to the line on each events during the current tax year for QOF investment was transferred to you. part for totals from a continuation sheet your QOF interests. An inclusion event Enter in column (d) special gain code “F.” and enter the amounts in the appropriate occurs if you sold or transferred your column (either (e) or (f)) depending on QOF investment, if you received a Part IV whether the deferred capital gain distribution from the QOF, if you invested in the fund was a short-term or declared your QOF interest worthless, if Complete Part IV to report your deferred a long-term capital gain. the QOF ceased to be a QOF, or if you gain held during the tax year that was or the QOF engaged in certain other not invested and your QOF investments transactions. Some transactions are held due to current year capital gain |