Super Simple Opportunity Zone Investing

It’s at times like the present—when the investing landscape for stocks, bonds, cryptocurrencies, forex, collectibles and a whole range of other asset classes are experiencing widespread uncertainty, and with so much at work with Fed monetary policy, geopolitical events and a full calendar of economic data to process by year end—that it’s good to pause and look at the options on the table for positioning one’s portfolio of assets for the balance of 2022 and into 2023.

The market for rental properties is the main focus of the Belpointe PREP, LLC (NYSE: American “OZ”) business model—building and acquiring multi-family residential properties that fall into the Class-A, full-featured category, and addressing markets that research shows are experiencing growth both in terms of migration trends and employment opportunities. Belpointe PREP, LLC (“Belpointe OZ”) is already committed to several investments in Nashville, Tennessee, and the state of Florida.

So, why Belpointe OZ? Well, the United States has more than 8,700 designated Opportunity Zones for investors to consider. What sets Belpointe OZ apart from other qualified opportunity funds (“QOFs”) is that it is the first and only publicly traded QOF, where transparency is higher than that of many privately managed QOFs. A key benefit for tax planning purposes is that while other QOFs have limited or restrictive redemption features, Belpointe OZ unitholders can buy and sell Class A units in the open market to adjust for taxes. For 2022, investors who have realized capital gains in the past six months, whether from the sale of stocks, real estate, a business, collectibles, planes, boats, livestock, cryptocurrencies, precious metals, an interest in a partnership, or any other variety of assets, may want to consider reinvesting those capital gains into a QOF, such as Belpointe OZ.

When purchasing Belpointe OZ’s Class A units in the market, there are no minimum investment amounts; investors can purchase as little as one Class A unit. Thus, giving investors the ability to pair off, dollar-for-dollar, realized capital gains against a liquid tax shelter, where no taxes are due from capital gains realized in 2022 and reinvested into a QOF within the 180-day look-back period (as long as you continue to hold the investment) until December 31, 2026.

This four-plus-year tax deferment might serve as an alternative strategy for 2022 year-end tax planning purposes. For example, if we apply the 180-day look-back period, capital gains realized as far back as late May of this year qualify for 2022 tax deferment. But that 2022 deferment window narrows with each passing day.

Year-end tax planning by advisors and investors is well under way and the potential passage of the proposed Opportunity Zones Transparency, Extension, and Improvement Act (the “OZ Extension and Improvement Act”) may revive some now expired favorable terms of QOF investing, that is if Congress can pass the bill by year-end. I’m cautiously optimistic following the midterm elections, as bipartisan support for the OZ Extension and Improvement Act appears to be getting some upbeat chatter.

The OZ Extension and Improvement Act’s team of Congressional co-sponsors sets out to, among other things, require greater information reporting by QOFs, thereby providing more accountability for the policies and regulations underlying the structural components of QOF and opportunity zone investing. In addition to expanding the information reporting requirements, the OZ Extension and Improvement Act seeks to further incentivize investors in QOFs by extending the current deferral period by two years, from December 31, 2026 to December 31, 2028.

The extension would entitle investors who make their QOF investments prior to 2023 to a 10% step-up in basis if they continue to hold their QOF investments for a period of 5 years (this incentive is not currently available for investments made after December 31, 2021), and an additional 5% step up in basis if they continue to hold their QOF investments for a period of 7 years, possibly reduced to 6 years (this incentive is not currently available for investments made after December 31, 2019).

Put another way, if passed in its current form, the OZ Extension and Improvement Act would re-establish the 10% step-up in basis for QOF investments that are held for at least 5 years prior to the end of the deferral period (as proposed, December 31, 2028), and also reduce the holding period requirement for investors to receive the additional 5% step-up in basis (for a total step-up in basis of 15%) from the current 7 years to 6 years (through the proposed December 31, 2028 deferral period).

If not passed into law by year-end, in my opinion, the OZ Extension and Improvement Act will be reintroduced largely in the same form in 2023, where its passage would work just as well—at least for investors, where the primary benefit, in my view, is the proposed re-establishment of a combined 15% step-up in basis. For all practical purposes, in my opinion, Congress should move now on this important piece of legislation for capturing a renewed step-up basis and providing a major incentive to invest in and drive capital to QOFs from capital gains realized in 2022.

As the only QOF traded as a public real estate partnership structure, Belpointe OZ can offer some key advantages over other types of traditional real estate investments, such as:

• Providing for pass-through income, thereby avoiding double-taxation for investors.
• Providing for pass-through depreciation, with no depreciation recapture if an investment is held for 10 years up to December 31, 2047.
• Providing low investment minimums.
• Required annual distributions of at least 90% of taxable income.
• Up to a 20% reduction on taxable distributions via Internal Revenue Code Section 199A.
• Providing investors with greater control over their exit timing and amount.

In addition, a public real estate partnership structure can further enhance the above stated benefits, as follows:

• Providing for active management by experienced professionals.
• The ability to acquire stabilized assets
• Providing for asset diversification
• No required capital calls

In my opinion, one of the most notable features of Belpointe OZ is that Class A unitholders are not at risk of receiving and being held liable for any future capital calls. Capital calls are a feature many investors may regularly face in acquiring, developing and renovating private opportunity zone properties. Liquidity, no risk of capital calls and diversification put Belpointe OZ in the class of best-qualified opportunity zone funds, in my view.

Investing capital gains into a QOF, like Belpointe OZ, allows an investor to defer the tax payment on those capital gains through the earlier of tax year-end December 31, 2026, or the date on which the investor sells their investment or experiences another type of inclusion event. Plus, all income and appreciation from the time one invests capital gains into a QOF through December 31, 2047, is potentially tax-free. We spell out how this alternative can work for you in our updated white paper.

Have questions about how Belpointe PREP, LLC (NYSE American: “OZ”) can provide opportunities for investment appreciation and income and help you or your clients to defer or eliminate capital gains tax obligations?

Call or email us and we’ll take the time to answer all of your questions about Belpointe PREP, LLC (NYSE American: “OZ”) and how reinvesting capital gains into a QOF can be utilized to offset tax obligations.

You can contact us at 203-883-1944 or IR@belpointeoz.com.

Cody H. Laidlaw
Editor-in-Chief
Belpointe OZ
255 Glenville Road
Greenwich, CT 06831
T: (203) 883-1944
E: IR@belpointeoz.com

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 sec.gov or belpointeoz.com. Alternatively, you may request Belpointe PREP send you the prospectus by calling (203) 883-1944 or emailing claidlaw@belpointe.com. 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.

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