Section text and notes
Qualified opportunity zone defined
For the purposes of this subchapter, the term “qualified opportunity zone” means a population census tract that is a low-income community that is designated as a qualified opportunity zone.
Designation
In general
Extension of periods
1
Special rule for Puerto Rico
Public Law 115–97Each population census tract in Puerto Rico that is a low-income community shall be deemed to be certified and designated as a qualified opportunity zone, effective on the date of the enactment of .
Other definitions
Low-income communities
Definition of periods
Consideration period
The term “consideration period” means the 30-day period beginning on the date on which the Secretary receives notice under subsection (b)(1)(A)(ii), as extended under subsection (b)(2).
Determination period
The term “determination period” means the 90-day period beginning on the decennial determination date, as extended under subsection (b)(2).
Decennial determination date
State
For purposes of this section, the term “State” includes any possession of the United States.
Number of designations
In general
Except as provided by paragraph (2), the number of population census tracts in a State that may be designated as qualified opportunity zones under this section during any period may not exceed 25 percent of the number of low-income communities in the State.
Exception
If the number of low-income communities in a State is less than 100, then a total of 25 of such tracts may be designated as qualified opportunity zones during any period.
Period for which designation is in effect
In general
A designation as a qualified opportunity zone shall remain in effect for the period beginning on the applicable start date and ending on the day before the date that is 10 years after the applicable start date.
Applicable start date
For purposes of this section, the term “applicable start date” means, with respect to any qualified opportunity zone designated under this section, the January 1 following the date on which such qualified opportunity zone was certified and designated by the Secretary under subsection (b)(1)(B).
Pub. L. 115–97, title I, § 13823(a)131 Stat. 2183 Pub. L. 115–123, div. D, title II, § 41115132 Stat. 161 Pub. L. 119–21, title VII, § 70421(a)(1)139 Stat. 223 (Added , , ; amended , , ; –(4), (b)(1)–(3), , , 224.)
Repeal of Subsection (b)(3)
Pub. L. 119–21, title VII, § 70421(a)(3)139 Stat. 223 , (5)(B), , , 224, provided that, effective on , subsection (b)(3) of this section is repealed.
Editorial Notes
References in Text
Public Law 115–97The date of the enactment of , referred to in subsec. (b)(3), is .
Amendments
Pub. L. 119–21, § 70421(a)(3)Public Law 115–972025—Subsec. (b)(3). , struck out par. (3). Text read as follows: “Each population census tract in Puerto Rico that is a low-income community shall be deemed to be certified and designated as a qualified opportunity zone, effective on the date of the enactment of .”
Pub. L. 119–21, § 70421(b)(1)Subsec. (c). , substituted “For purposes of this section—” for “For purposes of this subsection—” in introductory provisions, added par. (1), and struck out former par. (1). Prior to amendment, text read as follows: “The term ‘low-income community’ has the same meaning as when used in section 45D(e).”
Pub. L. 119–21, § 70421(a)(1)Subsec. (c)(2)(B). , substituted “beginning on the decennial determination date” for “beginning on the date of the enactment of the Tax Cuts and Jobs Act”.
Pub. L. 119–21, § 70421(a)(2)Subsec. (c)(2)(C). , added subpar. (C).
Pub. L. 119–21, § 70421(a)(4)(A)Subsec. (d)(1). , struck out “and subsection (b)(3)” after “by paragraph (2)” and inserted “during any period” after “the number of population census tracts in a State that may be designated as qualified opportunity zones under this section”.
Pub. L. 119–21, § 70421(a)(4)(B)Subsec. (d)(2). , inserted “during any period” before period at end.
Pub. L. 119–21, § 70421(b)(3)Subsec. (e). , amended subsec. (e) generally. Prior to amendment, text read as follows: “A designation as a qualified opportunity zone shall remain in effect for the period beginning on the date of the designation and ending at the close of the 10th calendar year beginning on or after such date of designation.”
Pub. L. 119–21, § 70421(b)(2), redesignated subsec. (f) as (e) and struck out former subsec. (e) which related to designation of tracts contiguous with low-income communities.
Pub. L. 119–21, § 70421(b)(2)Subsec. (f). , redesignated subsec. (f) as (e).
Pub. L. 115–123, § 41115(a)2018—Subsec. (b)(3). , added par. (3).
Pub. L. 115–123, § 41115(b)Subsec. (d)(1). , inserted “and subsection (b)(3)” after “paragraph (2)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Pub. L. 119–21, title VII, § 70421(a)(5)139 Stat. 224
In general .—
Puerto rico .—
Pub. L. 119–21, title VII, § 70421(b)(4)139 Stat. 225
Effective Date
section 13823(d) of Pub. L. 115–97section 1016 of this titleSection effective on , see , set out as an Effective Date of 2017 Amendment note under .