Two Sets of Rules: Before and After December 31, 2026
Investments made on or before December 31, 2026 (legacy rules): deferred gain is included in income in the taxable year that includes the earlier of the sale or exchange of the QOF investment or December 31, 2026. IRC 1400Z-2(b)(1), before amendment by P.L. 119-21. This applies whether or not you sold, so the tax on legacy deferred gain is reported on the 2026 return. Investments made after December 31, 2026 (P.L. 119-21, section 70421(c)): the December 31, 2026 date is removed. Gain is included on the earlier of the sale or the fifth anniversary of the investment. The 10-year basis step-up to fair market value is separate and is not cut off by December 31, 2026. IRC 1400Z-2(b)(1) as amended, (c).