Delaware Statutory Trust
A powerful tool for real estate investors to defer capital gains taxes while transitioning from active property management to passive, income-generating investments through 1031 exchanges.
What is a Delaware Statutory Trust (DST)?
A Delaware Statutory Trust is a legal entity that holds title to professionally managed, investment-grade real estate. It allows multiple investors to pool their funds and purchase fractional ownership in large-scale properties that might otherwise be out of reach.
For investors completing a 1031 Exchange, a DST is a game-changer. The IRS recognizes an interest in a DST as "like-kind" property, making it an eligible replacement property for an exchange. This provides a streamlined path to deferring capital gains taxes without the burdens of direct property management.
DSTs are managed by professional sponsors, providing investors with "mailbox money" without the day-to-day hassles of being a landlord.
A DST can be one of the properties—or the sole property—you identify within the 45-day identification period of your 1031 Exchange.
Investors can acquire interests in various property types (multi-family, medical, retail, industrial, etc.) and geographic locations.
DSTs typically offer annual returns ranging from 3% to 5% over investment terms of 3, 5, 7, or 10 years.
Can be used to cover shortfalls in 1031 exchanges, allowing you to fully satisfy exchange requirements and defer entire tax liability.
Important to note that DSTs are not liquid assets; there is no active resale market for them. Plan for long-term holding periods.
Types of Delaware Statutory Trusts
Several variations of DSTs are available, each designed to meet specific investor goals and situations.
1. The Standard DST
A Simple Path to Passive Income
This is the most straightforward DST option, ideal for investors seeking to transition from active property management to a passive, income-generating investment.
Case Study: James's $1M Property Sale
2. The DST-to-REIT (UPREIT) Option
Long-Term Flexibility
This option provides a potential future conversion from a private DST investment into shares of a public Real Estate Investment Trust (REIT).
How it Works
- Structure similar to standard DST initially
- After 2-3 years, option to convert to REIT shares
- REITs offer potential for higher income and liquidity
Key Difference
While you can use a 1031 Exchange to exit a standard DST, you cannot exchange out of REIT shares. This option is for investors who prioritize long-term income and potential liquidity over the ability to perform future tax-deferred exchanges.
3. The Zero-Coupon DST
Maximizing Leverage to Meet Exchange Rules
This specialized DST is designed for investors who need to satisfy the debt replacement requirement of their 1031 Exchange but do not need current income from the investment.
Case Study: Betty's Exchange Challenge
4. The Special (Monetization) DST
Unlocking Equity with Big Depreciation Upside
This is an advanced strategy for high-net-worth investors looking to "cash out" of a highly appreciated asset tax-free and reset their depreciation basis on a new property.
Case Study: Bob & Jean's $10M Building
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