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1031 Exchanges for Estate Planning? Absolutely!

1031 Exchanges are popular among real estate investors for a variety of reasons. Number one, of course, is the ability they provide investors to defer taxes on the appreciated gains of investment property. Other considerations can include the ability to consolidate or diversify property holdings, or to acquire a more valuable property.

One important, but lesser known advantage to a 1031 Exchange is the ability to step up the basis upon the death of the property owner. Of course, as a property owner, the idea that you may not be around forever, might not inspire you to use a 1031 Exchange, but the benefits for your heirs are significant.

A step-up in basis is described as: “the readjustment of the value of an appreciated asset for tax purposes upon inheritance, determined to be the higher market value of the asset at the time of inheritance.”*  So, in effect, when you die, the property your heirs inherit will be valued at current market price and they’ll have no tax obligations related to any appreciated gains associated with that property.

Not only does the 1031 Exchange help eliminate one of the tax-headaches that can be troublesome in estate transfers, but it allows you to pass along an asset at the highest current value. If your heirs elect to sell the property immediately, they can do so with no tax obligation.

On the other hand, they may have inherited a very nice income-producing property and want to receive an income stream. But, what if there are several heirs and there is disagreement among them about what to do with the property? This is not an uncommon situation. That’s where a DST can provide even more estate planning punch.

The DST structure allows investors to own a beneficial fractional interest in the property, along with other investors. When an owner of a DST dies, his investment can be divided up and allocated to heirs any way he has previously defined. Also, since DSTs generally own institutional quality properties that are professionally managed, heirs don’t inherit the worries and headaches that go along with managing properties that are directly owned.

Even more, if certain heirs prefer to retain ownership of their DST interests for income purposes, they may do so, while others may elect to sell their interests, which they can do, although they’ll want to consult with a tax advisor to be certain there are no holding-period requirements that apply.

So, the next time you’re considering a 1031 Exchange, don’t forget the benefits that can help on the tail of ownership!

For more information, reach out to our team here.

*Investopedia.com

Paul Getty

Paul M. Getty is one of the most experienced 1031 exchange specialists in the United States, with a career in real estate that spans over 35 years and more than $5 billion in commercial transactions across every major asset class. His work covers single-family rentals, apartments, retail, office, multifamily, and student and senior housing, giving him a practical understanding of how different property types perform across market cycles and how investors can move between them using tax-deferred exchange strategies. As President and CEO of FGG1031 | First Guardian Group, Paul advises investors through the full 1031 exchange process, from identifying qualifying replacement properties to structuring acquisitions through Delaware Statutory Trusts (DSTs) and wholly owned real estate. His guidance covers both the compliance requirements of a valid exchange and the investment decisions that determine long-term portfolio outcomes – a combination that is difficult to find in a single advisor. Paul holds a California and Texas real estate broker license and carries Series 22, 62, 63, and 82 securities licenses as a registered representative with Emerson Equity LLC, member FINRA /SIPC. He has represented buyers and sellers across complex commercial transactions, sourced and structured debt and equity, and worked alongside nationally recognized firms including Marcus Millichap, CBRE, JP Morgan, and Morgan Stanley. Before founding FGG1031, he co-founded Venture Navigation, a boutique investment banking firm whose M&A and IPO activity generated over $700 million in investor returns. Paul holds an MBA in Finance from the University of Michigan and a bachelor’s degree in chemistry from Wayne State University. He has also completed coursework in artificial intelligence at Stanford University. He is the author of four books on real estate investing and tax deferral strategy, including Tax Deferral Strategies Utilizing the Delaware Statutory Trust (DST) and Real Estate Investing in the New Era, both available on Amazon. A frequent speaker on 1031 exchanges, DST investing, and real estate tax strategy, Paul Getty is a recognized voice for investors and advisors seeking guidance on capital preservation through tax-deferred real estate investment.

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