Qualified Opportunity Fund Update: Likely Biden Administration Changes & New Rules for Non-US Investors & Working Capital Safe-Harbor

On April 14, 2021, the Internal Revenue Service released proposed rules for allowing non-US persons with US-taxable capital gains to invest in qualified opportunity funds (QOFs) without first suffering US withholding on such gains. The proposed regulations also ease the ability of QOFs to take advantage of the 24-month working capital safe-harbor applicable to QOF projects started during the COVID-19 pandemic. These rules should encourage additional interest in QOF projects. Last, the Biden administration is likely to propose rules that step up reporting by and with respect to QOF investments. Mark Leeds and Stephanie Wood, tax lawyers with the New York office of Mayer Brown, analyze these developments in the attached Legal Update.