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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.

 Download and read our latest ebook "Tax Deferral Strategies " below!

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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 $2 billion on assets throughout the United States. His experience spans all major asset classes including retail, office, multifamily, and student and senior housing. Paul Getty’s transaction experience includes buy and sell side representation, sourcing, and structuring of debt and equity, work-outs, 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 Getty 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 Getty 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 25 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 Getty holds an MBA in Finance from the University of Michigan, graduating with honors, and a Bachelor’s Degree in Chemistry from Wayne State University. He is a member of the Institute of Real Estate Management (IREM), a Certified Property Manager Candidate (CPM), and a member of the US Green Building Council. Paul Getty holds Series 22, 62, and 63 securities licenses and is a registered representative with LightPath Capital Inc, member FINRA /SIPC.

Paul Getty is a noted speaker, author, and actively lectures on investments and sales and management related topics. He is the 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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