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A Smart Solution to Failed 1031 Exchanges

Liquid Opportunity Zone Fund Offers A Timely Option

This week’s column is dedicated to all property owners, real estate agents, brokers, and registered investment advisors-owners that are part of a growing class of frustrated real estate investors. Be it the inability to identify a property, caution regarding buying in a late cycle, difficulty lining up attractive financing, or affordability issues due to the spike in mortgage rates, failed 1031 exchanges are fast on the rise.

In the case of any sale of a property with the intent of rolling the proceeds into a like-kind exchange, a qualified intermediary (QI) must facilitate the 1031 exchange, holding the funds on behalf of the property owner until a new replacement property is acquired. The typical fee for QI services can range from $750-$1,500.

Assuming a property sold for $800K, including a $200K capital gain, the seller has 45 days to identify up to three potential properties for purchase and 180 days to close the sale. For a real estate market that has been on autopilot for the past 10+ years, this formula was pretty much a no-brainer with super lower mortgage rates. Now, property price appreciation is slowing and the cost to finance is up, with the Fed likely to raise the Fed Funds Rate again in two weeks.

Sellers of properties that are sitting on capital gains and nervous about purchasing another like-kind property, or in a situation where acquiring a new property creates a conflict, should consider the alternative of placing their capital gains in a Qualified Opportunity Zone Fund (QOF) to defer payment of those capital gains out to December 31, 2026.

Belpointe PREP, LLC (NYSE American: “OZ”) is a QOF fund that is developing and acquiring Class-A multi-family residential properties in what we believe to be some of the strongest job markets and fastest growing cities in the U.S. Moving real estate proceeds into a managed QOF that comes with tax benefits and the potential for growth and income has, I think, great appeal at present, with cash-rich sellers seeking an alternative investment opportunities.

I believe this option provides a formidable alternative to the 1031 like-kind exchange, with its requirement to buy another physical property within 180 days. We spell this alternative out in our updated white paper. CLICK HERE To Download.

So, here is the investment proposition that Belpointe PREP, LLC (NYSE American: “OZ”) offers that just might be the right fit for those seeking an alternative asset that is liquid. Belpointe PREP (NYSE American: “OZ”) is the first and thus far the only publicly listed QOF and it requires no paperwork and NO QUALIFIED INTERMEDIARY to invest. This option removes a ton of time pressure and offers what we consider a compelling alternative to the 1031 like-kind exchange.

Very simply, Belpointe PREP provides investors with the ability to pair off year-to-date 2022 capital gains, using a 180-day look-back window, and reinvest those capital gains to defer and possibly eliminate capital gains taxes, in addition to offering investors an opportunity for growth and income, out to December 31, 2026, where all capital appreciation and the majority of pass-through income may be tax-free.

Download and read up on all of the incredible tax benefits that investing in Opportunity Zones provides from both the federal and state governments. The U.S. Treasury has certified 8,764 communities in all 50 states, the District of Columbia, and five U.S. territories as Opportunity Zones, where nearly 35 million people reside according to the U.S. Treasury. These Opportunity Zones represent communities in need of direct investment by private investors and where there is significant potential for income and growth.

While there are multiple QOFs to choose from, none are publicly listed and traded on a national securities exchange other than Belpointe PREP (NYSE American: “OZ”). And with Belpointe PREP there is no risk of future capital calls, as spelled out in Belpointe PREP’s prospectus and SEC filings. Most other QOFs are illiquid or require early exit fees and can require investors to add capital to cover unexpected costs in the projects that they sponsor. As we are all fully aware that life happens, and plans change. As noted, if at any time an investor in OZ units needs access to their funds before December 31, 2026, they can simply look to sell their units in the public markets.

Belpointe PREP is building Class-A full-featured multi-family residential housing communities in markets that it believes have strong macroeconomic fundamentals, such as Nashville, TN, Tampa-St. Petersburg, FL, and Sarasota, FL.

In addition, Belpointe PREP’s management team is actively seeking to acquire other QOFs that have stabilized their properties, where there are some clear benefits to acquiring seasoned properties in lieu of new construction with all its attendant risks. Our acquisition team is actively looking for sellers of properties within Opportunity Zones. Belpointe PREP has cash and currency in the form of its Class A units “OZ” that provide the kind of liquidity that some selling parties may desire.

Belpointe PREP commenced trading on the NYSE American on October 18, 2022, at $100 per Class A unit. As of July 12, 2022, units of OZ were trading around $96, a 4% discount to NAV. In my mind, inflation-sensitive, income-generating multi-family residential real estate is a necessity, and revitalizing cities with the blessing of federal and state mandates, laws and tax provisions is, I believe, a purpose-driven endeavor to improve the lives of millions of people while also giving those that invest in these communities’ potential for stable income, long-term growth and multiple tax advantages.

Cody H. Laidlaw
Belpointe OZ
255 Glenville Road
Greenwich, CT 06831
T: (203) 883-1944

Disclosure: Cody H. Laidlaw is the Chief Investor Relations Officer. Cody is also an investment advisor representative with Seaside Advisory Services, Inc. (d/b/a Seaside Financial & Insurance Services), a SEC registered investment adviser offering advisory accounts and services, and holds a long position in Belpointe PREP, LLC’s Class A units.

Important Information and Qualifications

Belpointe PREP, LLC (“Belpointe PREP”) has filed a registration statement (including a prospectus) with the U.S. Securities and Exchange Commission (SEC) for the offer and sale of up to $750,000,000 of Class A units representing limited liability interests in Belpointe PREP. You should read Belpointe PREP’s most recent prospectus and the other documents that it has filed with the SEC for more complete information about Belpointe PREP and the offering

Investing in Belpointe PREP’s Class A units involves a high degree of risk, including a complete loss of investment. Prior to making an investment decision, you should carefully consider Belpointe PREP’s investment objectives and strategy, risk factors, fees and expenses and any tax consequences that may results from an investment in Belpointe PREP’s Class A units. To view Belpointe PREP’s most recent prospectus containing this and other important information visit or Alternatively, you may request Belpointe PREP send you the prospectus by calling (203) 883-1944 or emailing Read the prospectus in its entirety before making an investment decision.

This communication, including any links embedded herein, may not be distributed in any jurisdiction where it is unlawful to do so. Nothing in this communication is or should be construed as an offer to sell or solicitation of an offer to buy Belpointe PREP’s Class A units in any jurisdiction where it is unlawful to do so.

Neither Belpointe PREP nor any of its affiliates provide investment or tax advice and do not represent in any manner that the outcomes described herein will result in any particular tax consequence. Prospective investors should consult their own investment and tax advisers concerning the U.S. federal, state and local income tax consequences, as well as any tax consequences under the laws of any other taxing jurisdiction, in relation to their personal tax circumstances, which may vary for prospective investors in different tax situations.

This communication may contain estimates, projections and other forward-looking statements, typically identified by words and phrases such as “anticipate,” “estimate,” “believe,” “continue,” “could,” “intend,” “may,” “plan,” “potential,” “predict,” “seek,” “should,” “will,” “would,” “expect,” “objective,” “projection,” “forecast,” “goal,” “guidance,” “outlook,” “effort,” “target” or the negative of such words and other comparable terminology. However, the absence of these words does not mean that a statement is not forward-looking. Any forward-looking statements expressing an expectation or belief as to future events is expressed in good faith and believed to be reasonable at the time such forward-looking statement is made. However, these statements are not guarantees of future events and involve risks, uncertainties and other factors beyond Belpointe PREP’s control. Therefore, we caution you against relying on any of these forward-looking statements. Actual outcomes and results may differ materially from what is expressed in any forward-looking statement. Except as required by applicable law, including federal securities laws, Belpointe PREP does not intend to update any of the forward-looking statements to conform them to actual results or revised expectations.

©2022 Belpointe PREP, LLC. All rights reserved.

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