1031 Exchange
Knowledge Center

Navigating the array of opportunities available to 1031 investors can be overwhelming. Determining the most suitable investment option requires careful consideration and thorough evaluation. Among these options, the Delaware Statutory Trust (DST) has emerged as a favored choice for many investors who meet specific criteria.

In a 1031 exchange, ensuring a successful transaction is crucial to avoid significant tax liabilities. If an exchange fails, the investor may face up to 30%-40% in state and federal taxes, along with depreciation recapture and other taxes. To mitigate this risk, savvy investors often identify multiple properties as potential replacements. The IRS provides guidelines to help investors structure their identification process effectively.

Imagine you sell a property and need to reinvest the proceeds into a new property to qualify for the 1031 exchange benefits. The challenge arises when you can’t find a suitable replacement property that uses the full amount of your exchange proceeds. In such cases, any leftover equity can become a “boot,” which is subject to capital gains taxes. This is where DSTs come into play.

Investing in a Delaware Statutory Trust (DST) has gained popularity among real estate investors, especially those looking to defer capital gains taxes through a passive 1031 exchange investment. However, despite its allure, there are several reasons why one should exercise caution before committing to this type of investment. A quality 1031 advisor should educate investors on the reasons why one should think twice before investing in a DST, not just the potential benefits.

When comparing investment structures like Delaware Statutory Trusts (DSTs) and Tenancy-in-Common (TICs), it’s crucial to examine several key factors, including liquidity, certainty of close, tax reporting, financing structure, and associated costs and fees. Both DSTs and TICs allow multiple investors to own fractional interests in larger properties, yet they differ significantly in how they handle these aspects. Understanding these differences can help investors make informed decisions about which structure best suits their investment goals and risk tolerance.

If an individual exchanges one investment property for another via a 1031 exchange, they may be able to defer capital gains or losses that they would otherwise have to pay at the time of sale.