Free template · Version 1.2 · October 11, 2026
A free, editable Word template that has an opportunity zone business deliver its Section 6039L statement, and the business data its fund needs for Form 8996, on fixed dates. It is built on the proposed regulations, which are not final.
Why now
Public Law 119-21 added Sections 6039K and 6039L. Funds must report detailed data about each business on Form 8996, and each business must give each fund a written statement, in the time and manner Treasury sets.
It must report detailed data about each business on Form 8996, every year.
It needs values on its own testing dates, which the proposed statement can miss, since that statement is keyed to the business’s testing dates and December 31.
It faces Section 6726 penalties of $500 a day, up to $10,000 per return, or $50,000 for funds with gross assets over $10 million, adjusted for inflation and higher for intentional disregard.
It must give each fund a written statement, in the time and manner Treasury sets.
Under the proposed rules, which are not final, that means February 1 for a calendar year, signed under penalties of perjury, and sent electronically only with the fund’s written consent.
It faces the Section 6722 payee statement penalty, which the proposed rules would apply to statements due on or after the date final regulations are published.
Both sections apply to taxable years beginning after July 4, 2025, so 2026 is the first year for calendar-year filers. The IRS has not prescribed a form, so the agreement sets what moves between the two and when, and gives the fund a way to enforce it.
Who it is for
Each side of the deal gets something different out of the same 14 pages.
You get a right to the data on fixed dates, values on your own testing dates, early warning of failed tests, and records that support a reasonable cause request.
You get a checklist that maps each item to the proposed rule, plus a yearly calendar.
You get one clear list of what to report and when, one statement per fund, promises limited to information, and no money owed under the agreement except under an optional capped rider or for fraud. Your own IRS penalties are separate.
You get a short, plain-English starting draft to adapt for each deal.
What is inside
The agreement itself is about 4 pages. The rest is the schedules, the sample statement, the joinder and the rider.
A one-page quick start covers what to fill in, the rider choice, signing, the yearly steps and the cautions.
14 short sections set what the business delivers, when and how, with event notices, requests, corrections, records, confidentiality, remedies, changes in law, added funds, the term and a catch-up for overdue statements.
Every statement item maps to proposed § 1.6039L-1(b), plus the values the fund needs on its own testing dates under § 1.6039K-1(d).
It holds the parties and their year ends, the fund's first year as a QOF, a standing request for fund-date values, email or mail delivery with the electronic consent, and the yearly and any-time deadlines.
An optional fill-in statement carries a block for each census tract, a totals check, the attestation boxes and a signature under penalties of perjury.
One page adds each additional fund by joinder.
An optional, capped rider reimburses the fund's Section 6726 penalties and costs caused by the business's failure or error, with an optional reasonable-care defense.
Why download it
Nine reasons to download it. Every one of them is written into the template, not just promised here.
Schedule A tracks each item in proposed § 1.6039L-1(b). It adds the values a fund must report on its own testing dates and the owned and leased split the current Form 8996 asks for.
The business delivers under contract even before the regulations are final, starting with tax years beginning after July 4, 2025. A statement already due when the agreement takes effect is due 30 days later, unless the fund already has it.
Each added fund signs a one-page joinder and gets its own statement.
The signed statement must be attached to an email or mailed. A notice that it is posted does not count, and the proposed rules have no post-and-notify option for QOZB statements.
The business reports a failed test or cure within 2 business days and, when the fund's original return due date has not passed, by the day before it, or the day the business learns if that is later, so the fund can extend its return to keep the 6-month cure open. Other events, such as a working capital plan change, a property sale or an IRS inquiry, come within 10 business days.
The fund's annual request, the signed statement and the delivery record help show reasonable cause if the business is late or wrong. Penalty relief is never automatic.
The business promises information, not that it qualifies. Remedies are a court order and an inspection right, with an optional capped rider for penalties and costs. Fraud claims are preserved.
The agreement itself is about 4 pages of plain English, with the defaults in brackets.
Schedule A picks up items that final regulations or an IRS form require automatically. Items published close to a due date get up to 30 days under the contract, but never past a legal deadline.
How it works
Sign the agreement once, and the business delivers 1 signed statement a year to each fund by the dates in Schedule B.
You enter the parties, the first covered year, the governing law and a Schedule B for the fund.
You choose whether to use the optional reimbursement rider, and set its cap if you do.
The business and the fund sign. Each later fund signs a joinder with the business.
Each year the fund requests, the business delivers, and the fund files Form 8996 with its return.
| When (calendar year) | What happens | Who |
|---|---|---|
| December 1 | The fund sends its yearly request. It confirms the testing dates and contacts and flags any rule change. | Fund |
| Within 10 business days of an event | The business reports the event and what it plans to do. A failed test or a cure is reported within 2 business days. | Business |
| February 1 | The business delivers the signed statement, attached to an email or mailed. | Business |
| The return due date | The fund files Form 8996 with its return. That is March 15 for a partnership or S corporation and April 15 for a C corporation, or 6 months later on extension. | Fund |
The business-day counts are defaults the parties can change. February 1 comes from the proposed rules, and the return dates from tax law.
Questions
No. The law requires the business to give each fund an annual statement. This agreement sets how and when, and gives the fund a way to enforce it.
For a calendar-year business, February 1 after the year ends, the date in the proposed rules. Coverage starts with the first tax year beginning after July 4, 2025 in which the fund held an interest, and a statement already due on the agreement's effective date is due 30 days after it, unless the fund already has one. The 30 days are contract time only and do not extend a return deadline, so ask for any missing statements at signing.
No. It adds to the fund's existing information rights.
The fund gets values on its own testing dates within 30 days after the later of its request and the testing date. A standing request in Schedule B makes this automatic.
Proposed regulations REG-116506-25, published September 11, 2026 and not yet final. Section 6039L itself applies to tax years beginning after July 4, 2025.
Schedule A picks up the final items automatically. Items published close to a due date get up to 30 days under the contract, but never past a legal deadline, and OZfile posts an updated version of the template.
No. Any form that contains every Schedule A item works.
Yes. Each added fund signs the one-page joinder and gets its own statement.
No. It promises information. Promises about qualifying belong in the investment documents.
Yes, with the fund's written consent in Schedule B. The signed statement must be attached to the email. A notice that it is posted does not count.
Download
Enter your details and the editable Word file arrives in your inbox. The PDF is open to read right now.
Word file, 14 pages, fully editable, with brackets marking the choices to fill in.
With OZfile
OZfile turns what each business reports into the fund's tests, its Form 8996 and the records behind them. See it in a demo, or join our free webinar on the new rules.
