Substantial Presence Test & 183-Day Rule: Strategic QOF Planning for NRAs
The Overlooked Risks in Cross-Border Tax Planning for NRAs
Many nonresident aliens (NRAs) assume U.S.-source stock or crypto gains are not taxable, but that advantage can disappear quickly. The Substantial Presence Test (SPT) and the 183 Day Rule can instantly change your tax status and expose gains to U.S. taxation. Triggering the SPT can make worldwide income taxable, while spending 183 days or more in the U.S. can subject certain gains to a 30 percent tax. For mobile or globally connected investors, this is a real and immediate risk.
Defer Recognition. Manage Timing. Protect Gains.
- Defer the recognition of capital gains by investing in a Qualified Opportunity Fund (QOF) within 180 days, preventing recognition and therefore taxation in the current year.
- Gain time and flexibility if your U.S. presence or residency status is uncertain by using a QOF deferral.
- Recognize deferred gains in a year when your U.S. presence is below 183 days, potentially avoiding U.S. tax entirely.
- Grow long-term wealth by holding the QOF for at least 10 years, allowing all appreciation to be excluded from U.S. tax for up to 30 years.
What Makes Park View OZ Different
Park View OZ (PVOZ) is built to remove the barriers traditionally associated with private QOFs—making Opportunity Zone investing more accessible.
- Publicly traded shares – No lockups, no accreditation requirements, investment minimums, or partnership taxation.
- Flexibility – Enter, exit, and re-enter positions to align with your tax strategy.
- No complicated partnership (K-1) tax forms – Investors receive the same straightforward tax documents as they would for any public stock.
Our fund is structured to deliver the full benefits of Opportunity Zone investing by giving our investors the control they need to maximize these powerful incentives.
Understand how you can use QOFs to shape your U.S. tax exposure.
These pages are prepared for informational purposes only and are not offered as legal, tax, or investment advice. All content provided is of a general nature and does not address the particular circumstance of any particular individual or entity. We encourage you to seek guidance regarding your individual financial needs from legal, tax or investment professionals. Investments, including our shares of stock, have inherent risks including the risk of principal loss.