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Utilizing DSTs in a 1031 Exchange

Recently, Keith Lampi, President and Chief Operating Officer of Inland Private Capital wrote an article published by Real Assets AdviserIn it, he provides insight on the Delaware Statutory Trust (DST) structure and its benefits in conjunction with a 1031 Exchange. We would like to thank Keith for allowing us to share this article with our readers. 

Keith writes:

Section 1031 of the Internal Revenue Code provides an effective strategy for deferring capital gains tax that may arise from the sale of a business or investment real estate property. By exchanging the real property for like-kind real estate, real property owners may defer taxes and use the proceeds to purchase replacement properties.

Utilizing Delaware Statutory Trusts (DSTs) in conjunction with 1031 exchanges is an attractive option for investors that can provide many benefits. A DST is a passive investment vehicle that allows multiple investors to own fractional interests in a single property or
portfolio of properties. Beneficial interests in DSTs, which hold real estate, may qualify as a replacement property as part of an investor’s 1031 exchange transaction. Prior to DSTs, Tenant-in-Common (TIC) deals were popular in 1031 exchange transactions. The transition from TIC deals to the more beneficial DST structure began occurring after the real estate recession in 2008.

DIFFERENCES BETWEEN TICS & DSTS

The main differences between TIC programs and DSTs are management and control advantages. The DST structure places all the decision-making into the hands of an experienced sponsor-affiliated trustee, taking it out of the hands of investors. In TIC deals, in contrast, the IRS requires that certain fundamental decisions — such as a sale or refinancing of the property or entering into leases or management agreements — be made unanimously by investors. Simply put, in times of crisis, DSTs are more agile decision-makers. DSTs also provide structural simplicity, as investors only need to execute one agreement – the trust agreement for the DST. The DST owns 100 percent of the fee interest in its real estate so, unlike a TIC program, a lender only needs to make one loan to one borrower.

INVESTOR BENEFITS

In addition to being passive real estate owners, investors who participate in DST offerings may also benefit from lower costs. In a DST program, investors do not incur annual costs of maintenance and qualification of a special purpose limited liability company (LLC) to hold their real estate interest. Moreover, DST investors are not required to execute lender guarantees or indemnities, given their purely passive relationship to the real estate. Furthermore, investors also benefit by the enhanced scalability and diversification that DST programs can achieve. Since the IRS limits the number of investors in any single TIC program to 35, they are generally limited to mid-size or smaller properties (less than $25 million total value) and require large minimum investment amounts. DSTs, however, are not subject to an investor limit under tax law and generally can have up to 2,000 investors if offered in a private placement context. Therefore, DSTs can own properties with an aggregate value much larger than any TIC deal, while simultaneously accommodating much smaller minimum investment amounts, which ultimately allows investors to diversify their investments across multiple DST programs.

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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