Key takeaways
- Income prong: tract median family income no greater than 70% of the statewide median (non-metro) or of the greater of the statewide or metro median (metro).
- Poverty prong: poverty rate of at least 20%, provided tract median family income is no greater than 125% of the applicable area median.
- A tract meeting the income prong qualifies regardless of its poverty rate; the 125% ceiling applies only to the poverty prong.
- Tracts that border low-income tracts but do not qualify on their own data cannot be designated.
- Treasury's eligible list under Rev. Proc. 2026-14 has 25,332 tracts (8,334 wholly rural), and a governor may nominate an off-list tract with tract-level data showing it qualifies.
- Eligibility is necessary but not sufficient: only tracts nominated by a governor and certified by Treasury become zones, effective January 1, 2027 through December 31, 2036.
What makes a census tract eligible to be an Opportunity Zone?
It must be a low-income community under one of two prongs: low median family income, or high poverty with income not above 125% of the area median.
Section 1400Z-1 limits designation to population census tracts that are low-income communities, using the definition of that term in the new markets tax credit statute, §45D(e), as modified for Opportunity Zones by Public Law 119-21.1,2 As amended, the test reads as follows.3,4
| Prong | Tract must have | Compared with |
|---|---|---|
| 1. Income | Median family income (MFI) at or below 70% | Statewide MFI for non-metro tracts; greater of statewide or metro-area MFI for metro tracts |
| 2. Poverty | Poverty rate of at least 20%, and MFI at or below 125% | The same applicable area median |
Fig. 1The two numeric screens
- Tract MFI as a share of area median (income prong)No more than 70%0%100%
At or below 70% qualifies on its own
- Poverty rate (poverty prong)At least 20%0%100%
At least 20%, with MFI at or below 125% of area median
Which area median income is a tract compared with?
The statewide median for a tract outside a metropolitan area, and the greater of the statewide or metropolitan median for a tract inside one.
Using the greater of the two medians helps tracts in high-income metros. A metro tract with an MFI of $64,000 is 80% of an $80,000 statewide median, which fails, but 67% of a $95,000 metro median, which passes.5,1
| Tract | Location | Tract MFI | MFI ratio | Poverty rate | Result |
|---|---|---|---|---|---|
| A | Non-metro | $52,000 | 65% of $80,000 | 12% | Qualifies (income prong) |
| B | Metro | $64,000 | 67% of $95,000 | 15% | Qualifies (income prong) |
| C | Metro | $85,000 | 89% of $95,000 | 24% | Qualifies (poverty prong; MFI under 125%) |
| D | Metro | $125,000 | 132% of $95,000 | 28% | Does not qualify (poverty prong capped at 125%) |
| E | Metro | $76,000 | 80% of $95,000 | 14% | Does not qualify (neither prong) |
Tract D is the kind of tract the 125% ceiling is meant to exclude: high measured poverty, for example from a large student population, alongside high family incomes. Tract E shows that a moderate-income tract with low poverty does not qualify under either prong.
Can a tract next to a low-income tract be designated?
No. Every tract nominated for the new designation period must qualify as a low-income community on its own data.
The statute as amended by Public Law 119-21 has no option to designate non-low-income tracts that are contiguous with low-income tracts.4,6 The result is a map made up only of tracts that meet the test directly. Economic Innovation Group's summary of the law notes that this, together with the 70% income threshold, targets the eligible pool.7
What data is used to decide whether a tract qualifies?
Census Bureau American Community Survey 5-year estimates at the census tract level, reflected in Treasury's eligible-tract list.
A census tract is a small, relatively stable statistical area defined by the Census Bureau, generally with 1,200 to 8,000 residents and an optimum of about 4,000.8 Tracts are identified by an 11-digit code made of the state, county and tract numbers. Reports on this cycle indicate eligibility uses the 2020 to 2024 ACS 5-year estimates released in January 2026.9,10
Fig. 2Treasury's eligible-tract list
- Low-income tracts eligible for nomination
- 25,332
- Of those, made up entirely of rural area
- 8,334
- Eligible tracts after later additions
- 25,460
Rev. Proc. 2026-14 contains the eligible list as an appendix.13 Under §5.04, a governor may nominate a tract that is not on the list by providing tract-level data showing it meets the test; at least one state reportedly had off-list tracts rejected.14,12
Is every eligible tract an Opportunity Zone?
No. Eligibility only makes a tract a candidate. A governor must nominate it and Treasury must certify it.
Each state may designate no more than 25% of its eligible tracts, or 25 tracts if that is greater, so most eligible tracts will not become zones.1,15 With 25,332 eligible tracts, a tracker estimates about 6,575 designations nationwide, an estimate rather than an official figure.16 The process is explained in how Opportunity Zones are designated, and the status of the new map in the new Opportunity Zone maps taking effect in 2027.
Fig. 3From census tract to designated zone
- All census tractsEvery populated tract in the 56 jurisdictionsPass the 70% or 20%/125% test
- Low-income communities25,332 on Treasury's listGovernor selects
- Nominated tractsUp to 25% per stateTreasury certifies
- Designated zonesCertified by Treasury
How can I tell if a specific tract qualifies?
Look up the tract's 11-digit code, check it against Treasury's eligible list, then check the state's nominations and Treasury's certified list.
- 1.Geocode the address or parcel to its census tract.
- 2.Look up the tract on the Rev. Proc. 2026-14 eligible list, which also flags wholly rural tracts.
- 3.If it is not on the list, check whether the state nominated it as an off-list tract with supporting data.
- 4.Check the governor's nomination list and, once published, Treasury's certified list.
- 5.Save dated copies for the compliance file.
State agencies, such as Ohio's local input process, posted eligible-tract maps for public review during the nomination window.10 Tools are compared in Opportunity Zone maps and data tools, and the practical lookup is in how to check if a property is in an Opportunity Zone. More on tract geography is in census tracts and Opportunity Zones.
What does the low-income test mean for data center sites?
Large, sparsely populated tracts with low incomes often qualify, and many of them are rural, which is where large data center campuses tend to go.
Data center campuses need hundreds of acres, high-voltage transmission and room for substations. Tracts with that profile are frequently rural or industrial, with low resident populations and below-median family incomes. About a third of Treasury's eligible tracts, 8,334 of 25,332, are wholly rural, and those tracts can support a Qualified Rural Opportunity Fund with a 30% basis step-up.11,17 See rural Opportunity Zones and data center site selection inside Opportunity Zones.
Two cautions. Industrial tracts can have very few residents, which makes ACS estimates noisy, so check the eligible list rather than computing ratios yourself. And because designation is limited to 25% of eligible tracts, a qualifying tract still needs the governor's nomination and Treasury's certification.
Common questions
What income level makes a census tract low-income for Opportunity Zones?
Median family income at or below 70% of the statewide median for non-metro tracts, or of the greater of the statewide or metro median for metro tracts. Alternatively, a poverty rate of at least 20% with median family income at or below 125% of that median.
Does a tract with high poverty always qualify?
No. A tract with a poverty rate of 20% or more qualifies only if its median family income is no more than 125% of the applicable area median.
Can a tract qualify because it is next to a low-income tract?
No. Contiguous tracts that do not meet the test on their own cannot be designated.
What data does Treasury use?
American Community Survey 5-year estimates at the census tract level. Reports on this cycle point to the 2020 to 2024 estimates released in January 2026, reflected in the Rev. Proc. 2026-14 eligible list.
How many tracts are eligible?
25,332 on Treasury's list under Rev. Proc. 2026-14, of which 8,334 are wholly rural. A later tally after additions puts the total at 25,460.
If my tract is eligible, is it an Opportunity Zone?
Not necessarily. Only tracts nominated by the governor and certified by Treasury are zones, and each state may designate only 25% of its eligible tracts, or 25 if greater.
Sources
Every numbered note in this guide links to the source below.
- 1.Office of the Law Revision Counsel, “26 U.S.C. 1400Z-1: Designation,” 2026. uscode.house.gov
- 2.Congress.gov, “Text of H.R. 1, 119th Congress (Public Law 119-21),” 2025. congress.gov
- 3.Jackson Walker, “The One Big Beautiful Bill's New Qualified Opportunity Zones,” 2025. jw.com
- 4.Saul Ewing, “Opportunity Zone Regime Permanently Extended With New Benefits, Limitations, and Requirements, With a New Rural Focus,” 2025. saul.com
- 5.Internal Revenue Service (copy posted by the State of Alaska), “Rev. Proc. 2026-14, Internal Revenue Bulletin Part III,” 2026. aws.state.ak.us
- 6.Venable, “The One Big Beautiful Bill Act: Impact on the Opportunity Zone Program,” 2025. venable.com
- 7.Economic Innovation Group, “Where Things Stand After the One Big Beautiful Bill Act,” 2025. eig.org
- 8.University of Illinois Urbana-Champaign (IECAM), “Geographic Region: Census Tracts,” n.d. iecam.illinois.edu
- 9.U.S. Department of the Treasury, “Treasury Opens the New Designation Cycle for Opportunity Zones,” 2026. content.govdelivery.com
- 10.Ohio Township Association, “Opportunity Zones: Local Input Process Opens,” 2026. ohiotownships.org
- 11.Internal Revenue Service, “Treasury, IRS provide guidance to States for nominating census tracts as qualified opportunity zones under the One, Big, Beautiful Bill,” 2026. irs.gov
- 12.OpportunityZones.com, “Nominations: Where Things Stand After the 90-Day Deadline,” 2026. opportunityzones.com
- 13.KPMG TaxNewsFlash, “Rev. Proc. 2026-14: State procedures for nominating census tracts to be designated as QOZs,” 2026. kpmg.com
- 14.ArentFox Schiff, “IRS Releases Rev. Proc. 2026-14: New Roadmap for Designations,” 2026. afslaw.com
- 15.EY Tax News, “IRS describes requirements for nominating population census tracts as 2027 Qualified Opportunity Zones,” 2026. taxnews.ey.com
- 16.OpportunityZones.com, “State Nomination Tracker,” 2026. opportunityzones.com
- 17.Internal Revenue Service, “Enhanced tax incentives for Qualified Opportunity Zone investments in rural areas,” 2025. irs.gov
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