Invest In A Qualified Opportunity Fund

The Opportunity Zone program allows you to invest directly into a Qualified Opportunity Fund, usually offered and managed by a large financial institution. It’s just like any other fund investment but allows for capital gains exemption when you sell your interest in the fund.. 

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Investing In AN opportunity Zone Fund

Pay No Capital Gains Tax

A simple and passive way to take advantage of the Opportunity Zone program is to invest in a Qualified Opportunity Fund (QOF). Typically a financial institution or project developer will set up a QOF to raise capital for Opportunity Zone projects and offer investors a return on investment. The QOF will be responsible for the development, management and operation of any project and the investor will have no role other than the initial investment in the QOF. Depending on the rules of the fund, the investor may receive a return during the life of the fund. If the QOF follows all the OZ guidelines for 10-years, the investor will be able to sell or redeem his or her investment in the QOF and pay no capital gains tax. Here are the main guidelines you need to follow when you invest in a QOF.

In an Opportunity Zone

The Qualified Opportunity Fund (QOF) must invest in a business or property located in a Qualified Opportunity Zone (QOZ). 

It can be almost any kind of business or property just so long as it is physically located within a QOZ. 

There are 126 QOZs in Colorado with 60% of them located along the Front Range.

New Or existing

Business or Property

The QOF can invest in almost any type of business or property, including new and existing businesses or properties.

The most common property investment is in commercial or multi-family residential developments, whereby the developer raises capital for the project through an offering to investors. 

Note that there is a limitation on so-called “sin businesses” like massage parlors and liquor stores. 


Reinvest Capital Gains

As an investor, you must invest in the QOF using capital gains. You can not invest in the QOF using ordinary income or debt financing. 

You can use the gain from the sale of almost any capital asset, including the sale of shares or a business, to invest in the QOF.

Securities Offering

Investing in a QOF usually constitutes an offer of securities and the QOF must register and comply with all Federal and State securities laws and regulations.

Investors in QOFs are offered the same  rights and protections available to an investment in any other fund investment.

Investor’s rights and the QOF’s obligations should be clearly set out in the QOF’s offering documentation.

Fees and ROI

The QOF has the right and discretion to allocate ownership interests, charge fees and determine if, how and when revenue will be distributed to investors.

As an investor it’s your duty to understand your rights and the QOF’s obligations, as set out in the offer documentation and the QOF’s structure and operating agreements.

Hold For 10-Years

To qualify for the primary Opportunity Zone tax benefit you must hold your investment in the Qualified Opportunity Fund for 10-years. While you must hold your interest in the QOF for 10-years, the QOF has some flexibility about how it holds and reinvests in property. After 10-years you can sell your interest in the fund and pay no capital gains tax.

Need Help Finding A Qualified Opportunity Fund?


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