"One hundred eighty days may seem straightforward, but it's important for investors to know that it might not be if your gains are from the sale of Section 1231 property," David cautions. "Regarding gains and tax treatment, part or all of a 1231 gain may require depreciation recapture. The recapture is taxed at 25%. Any remaining gain is taxed as long-term capital gains. These properties are subject to the net investment income tax (NIIT)."
In this article, David discusses Section 1231 properties and how the QOZ program treats them, along with warning investors of the potential issues around reinvesting Section 1231 gains. Read the rest of the article on Forbes.