RXR Qualified Opportunity Zone Fund R sks Tax risks when you Invest Eligible gains. To enjoy OZ tax benefits, you must invest eligible capital gains in QOF shares. Eligible capital gains are gains from the sale of a capital asset, such as stock or real estate held for investment, other than gains arising from a position that is or has been part of a so-called "offsetting-positions transaction," but do not include capital gains that are re-characterized as ordinary income. Investment within 180 days. To enjoy OZ tax benefits, you must invest in the QOF within 180 days of a taxable sale or exchange. The QOF's capital call, however, may not occur within the 180-day period following your recognition of gain. Deferral election. You may lose OZ benefits if you do not properly make a deferral election on IRS Form 8949, which must be attached to your federal income tax return for the taxable year in which the gain would otherwise have been recognized. Tax risks while you hold the QOF investment Loss of tax benefits if fund does not qualify as QOF. The OZ tax benefits are available when you invest in a QOF. If the fund loses this status — as discussed further below — your tax benefits may be reduced or eliminated. The proposed regulations make clear that the Ten-Year Benefit will be available through 2047 even if a census tract's designation as a qualified opportunity zone expires, but do not address other disqualification issues. Fund terms may differ from typical investment fund. For example, 02 investments may be structured as separate entities, with no netting of carried interest, to facilitate exit after 10 years. This means that the sponsor may be compensated for gains in one QOF without any reduction for losses in another QOF. Investment is otherwise taxable. The OZ rules primarily provide a tax deferral upon entry and a tax benefit upon exit; the normal tax rules generally apply to a fund's operations. As with many investment funds, you may need to