Top Benefits for Real Estate Investors to Spring into DSTs

Delaware Statutory Trusts (DSTs) are legal entities that allow for fractional ownership of real estate assets by accredited investors.¹ Beneficial interest in a DST is treated as direct interest in real estate for tax purposes, qualifying as “like-kind” property in a 1031 Exchange.² Investors can defer taxes by exchanging real property for an interest in a DST, rather than investing in another whole property.

Our Top Benefits for Real Estate Investors to Spring into DSTs:

1. Defer & Offset Taxes: A properly executed 1031 into DST allows investors to defer capital gains & other taxes upon the sale of appreciated real estate, allowing for equity preservation & maximization of total return, while taxable DST monthly income may be offset by depreciation deductions.
2. Income: Investors receive monthly distributions of passive income based on their ownership percentage, as well as proceeds from the eventual sale of the property which may be positively impacted by appreciation. (Most DSTs have a holding time of 5-7 years.)
3. Passive Management: Owners do not have onerous property management duties - the “toilets, tenants & trash” - as DSTs are a passive vehicle for investors. Properties are professionally managed by affiliates of the DST Sponsor, which handles day-to-day decisions & the eventual sale of the property.
4. Non-Recourse Debt: It can be difficult for individuals to obtain favorable financing on their own, especially during economic challenges. But DSTs often come with pre-arranged financing; the DST Sponsor is the sole borrower & takes on 100% of the debt liability so loans are non-recourse to the investor.
5. Diversification: DST investment can achieve diversification by geographic region, tenant industry, asset class, capitalization structure, etc. An investor can even achieve diversification by investing in a single DST that holds multiple properties.
6. Simplicity: Easy closings & efficient investment process.
7. Lower Minimum Investment: Investment minimums are typically $100,000, made possible by the fractional ownership model (up to 499 investors can hold interest in a single DST.)
8. Access to High-Quality Property: Investors have access to higher quality, institutional & commercial real estate with long-term appreciation potential. Tenants are often recession-proof with investment-grade credit. (Think NNN leases, multifamily apartments, industrial warehouses, self-storage, essential health & retail, etc.)
9. Estate Planning: “Swap Until You Drop” Allows the investor to continue to exchange over & over again until death, at which point the 1031 investments receive a step-up in cost basis. Heirs do not inherit capital gain liabilities or the burden of hands-on management while gaining the investment’s professional real estate management.
10. Insurance Policy: If for some reason the investor can’t acquire the original property they identified, a secondary DST option specified during the ID period allows them to meet exchange deadlines and still defer the Capital Gains Tax.
11. Eliminate Boot: Any remaining profit on the sale of your relinquished property is considered “boot”. This remainder becomes taxable it is eliminated. The excess cash (boot) can be invested in a DST to avoid incurring tax.

¹Must be an “Accredited Investor” to invest-defined in Regulation D under the Securities Act as a natural person satisfying 1 of the following: (1) individual net worth, or joint net worth with his/her spouse, or spousal equivalent, of more than $1,000,000, subject to certain criteria for calculation net worth (excluding the value of personal residence); or (2) individual income in excess of $200,000, or joint income with his/her spouse, or spousal equivalent, in excess of $300,000, in each of the 2 most recent years and has a reasonable expectation of reaching the same income income level in the current year.

²IRS Classification: DSTs are classified as investment trusts for federal tax purposes, under IRS Section 301.7701-4(c). A beneficial interest in a DST is recognized by IRS Rule 2004-86 as qualified replacement property for real property.