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        Featured Post

          Paul Getty   Nov 07, 2024

        Important Steps to Take When Starting a 1031 Exchange Late in the Year

        Many real estate investors are aware of the two important deadlines that must be observed when completing a 1031 exchange: 1) 45-days after close of esc[...]

        1031 Exchange
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        Recent Posts

        1031 Exchange DST

        How to Select a Delaware Statutory Trust Representative

        By Paul Getty28, Oct 2021

        One of the most important considerations in evaluating 1031 Delaware Statutory Trust options is to first evaluate the experience and overall profile of the representative who will be assisting you to select the most suitable properties that meet your objectives.

        I cover this important subject in greater detail in my well received book, Tax Deferral Strategies Utilizing the Delaware Statutory Trust (DST) and would like to summarize key highlights in this blog.

        Why You Need a Representative to Invest in DSTs

        DSTs are securities and the process of acquiring DST interests is closely regulated by governmental officials and industry associations such as the Financial Industry Regulatory Authority (FINRA). Individuals who offer DST investments must have appropriate securities licenses and are subject to ongoing educational and disclosure requirements. Real estate brokers and agents are not allowed to offer DSTs to their clients unless they possess appropriate securities licenses and conform to related regulations. 

        Most DST sponsors market their offerings exclusivity though third-party securities broker-dealers and their licensed reps and do not directly sell DST offerings to investors. Therefore, in order to access the widest number of available DST offerings, interested investors will need to work with a licensed representative.

        Investing in DSTs is a Complex Process and Requires Assistance

        Evaluating and selecting suitable DSTs can be a complex process and require the assistance of a knowledgeable representative who can guide you through the voluminous due diligence materials and other related materials e.g., appraisal, environmental reports, local market studies, etc. that may be of interest to you. At any given time, there may be as many as 20 or more DST programs available with several thousands of pages of information to potentially review. Given the relatively short amount of time allowed in the 1031 exchange process, you will need a well-versed guide who is familiar with the pros and cons of current offerings, knows industry players, and has excellent real estate analytical skills. 

        For more information, please contact us.

        Help Save 1031 Exchanges
        Write to your Member of Congress and Senators urging them to oppose restricting Section 1031 like-kind exchanges. As part of the American Families Plan, the Biden Administration has proposed eliminating the application of Section 1031 for gains greater than $500,000. Like-kind exchanges have been part of the U.S. tax code since 1921 and are one of the tax code’s most powerful economic tools. It is critical that we all vigorously and visibly oppose this proposal. Make your voice heard with a pre-filled letter, which you can customize to add personal anecdotes or powerful client stories to highlight the positive impact of Section 1031 like-kind exchanges. Take action today by clicking HERE.
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        Paul Getty

        Paul Getty is a licensed real estate broker in the state of California and Texas and has been directly involved in commercial transactions totaling over $3 billion on assets throughout the United States. His experience spans all major asset classes including retail, office, multifamily, and student, and senior housing. Paul’s transaction experience includes buy and sell side representation, sourcing and structuring of debt and equity, workouts, and asset and property management. He has worked closely with nationally prominent real estate brokerage and investment organizations including Marcus Millichap, CB Richard Ellis, JP Morgan, and Morgan Stanley among others on the firm’s numerous transactions. Paul also maintains a broad network of active buyers and sellers of commercial real estate including lenders, institutions, family office managers, and high net worth individuals. Prior to founding First Guardian Group/FGG1031, Paul was a founder and CEO of Venture Navigation, a boutique investment banking firm specializing in structuring equity investments made by institutions and high net worth individuals. He possesses over 35 years of comprehensive worldwide business management experience in environments ranging from early phase start-ups to multi-billion-dollar corporations. His track record includes participation in IPOs and successful M&A activity that has resulted in investor returns of over $700M. Paul holds an MBA in Finance from the University of Michigan, graduating with honors, and a Bachelor’s Degree in Chemistry from Wayne State University. Paul Getty holds Series 22, 62, and 63 securities licenses and is a registered financial representative with LightPath Capital Inc, member FINRA /SIPC. Paul is a noted speaker, author, and actively lectures on investments, sales, and management related topics. He is author of The 12 Magic Slides, Regulation A+: How the JOBS Act Creates Opportunities for Entrepreneurs and Investors, and Tax Deferral Strategies Utilizing the Delaware Statutory Trust (DST), available on Amazon and other retail outlets.

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        FGG1031 | First Guardian Group and Emerson Equity LLC do not provide legal or tax advice. Securities offered through Emerson Equity LLC Member FINRA/SIPC and MSRB registered. Emerson Equity LLC is unaffiliated with any entity herein.

        1031 Risk Disclosure:

        • There is no guarantee that any strategy will be successful or achieve investment objectives;
        • Potential for property value loss – All real estate investments have the potential to lose value during the life of the investments;
        • Change of tax status – The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities;
        • Potential for foreclosure – All financed real estate investments have potential for foreclosure; ·Illiquidity – Because 1031 exchanges are commonly offered through private placement offerings and are illiquid securities. There is no secondary market for these investments;
        • Reduction or Elimination of Monthly Cash Flow Distributions – Like any investment in real estate, if a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions;
        • Impact of fees/expenses – Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits

        No offer to buy or sell securities is being made. Such offers may only be made to qualified accredited investors via private placement memorandum. Risks detailed in a private placement memorandum should be carefully reviewed, understood and considered before making such an investment. Prospective strategies and products used in any tax advantaged investment planning should be reviewed independently with your tax and legal advisors. Changes to the tax code and other regulatory revisions could have a negative impact upon strategies developed and recommendations made. Past performance and/or forward looking statements are never an assurance of future results.

        Many of the investments offered will be only available to those investors meeting the definition of an Accredited Investor under SEC Rule 501(A) and offered as Regulation D private placement securities via a Private Placement Memorandum (“PPM”). Prospective investors must receive, read and understand all of the risks associated with buying private placement securities. Investments are not guaranteed or FDIC insured and risks may include but are not limited to illiquidity, no guarantee of income or guarantee that all tax advantages or objectives will be met and complete loss of principal investment could occur.

        Risk Disclosure: Alternative investment products, including real estate investments, notes & debentures, hedge funds and private equity, involve a high degree of risk, often engage in leveraging and other speculative investment practices that may increase the risk of investment loss, can be highly illiquid, are not required to provide periodic pricing or valuation information to investors, may involve complex tax structures and delays in distributing important tax information, are not subject to the same regulatory requirements as mutual funds, often charge high fees which may offset any trading profits, and in many cases the underlying investments are not transparent and are known only to the investment manager. Alternative investment performance can be volatile. An investor could lose all or a substantial amount of his or her investment. Often, alternative investment fund and account managers have total trading authority over their funds or accounts; the use of a single advisor applying generally similar trading programs could mean lack of diversification and, consequently, higher risk. There is often no secondary market for an investor's interest in alternative investments, and none is expected to develop. There may be restrictions on transferring interests in any alternative investment. Alternative investment products often execute a substantial portion of their trades on non-U.S. exchanges. Investing in foreign markets may entail risks that differ from those associated with investments in U.S. markets. Additionally, alternative investments often entail commodity trading, which involves substantial risk of loss.

        NO OFFER OR SOLICITATION: The contents of this website: (i) do not constitute an offer of securities or a solicitation of an offer to buy of securities, and (ii) may not be relied upon in making an investment decision related to any investment offering by FGG1031 | First Guardian Group, Emerson Equity LLC, or any affiliate, or partner thereof. FGG1031 | First Guardian Group does not warrant the accuracy or completeness of the information contained herein.

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