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Private Real Estate Investment Vehicles

<span>What is a Delaware Statutory Trust (DST)?</span><span></span>

What is a Delaware Statutory Trust (DST)?

A Delaware Statutory Trust (DST) is a private real estate investment vehicle that allows investors to participate in a Section 1031 exchange and receive passive income as well as have the potential for appreciation from real estate ownership. Each investor owns an undivided interest in a group of properties and receives the income the properties  produce.  The investor is not responsible for the day to day management of these investments as the DST is managed by a professional team of real estate, investment, financial and legal experts.

A Delaware Statutory Trust (DST) is a distinct legal entity created as a trust under the statutory law of Delaware. In a DST, each owner is treated as owning an undivided interest in the underlying real estate for tax purposes. DST offerings comply with the requirements of IRS Revenue Ruling 2004-86. This means that each owner’s beneficial interest is treated as a direct interest in real estate for tax purposes.


Potential Benefits of a DST Structure

Asset Protection – Limits rights of creditors (creditors of a DST investor cannot attach trust assets).

Liability Protection – DST investors of the trust have the same liability protections that Delaware law provides to stockholders of a Delaware corporation (generally, no personal liability).

Confidentiality – Provides privacy for the beneficial owners.

Contractual Flexibility – Provides maximum contractual flexibility.

  • You are required to reinvest all proceeds earned from the sale of the property if you want to defer the entire gain.
  • You are required to only invest in “like-kind” real estate assets.
  • You must work with a qualified intermediary to facilitate the exchange for you.
  • You must not take possession of funds at closing to have this qualify as a “like-kind” exchange.  
  • You have 45 days to identify potential replacement properties.
  • You have 180 days from the sale date of the original property to reinvest your funds.

Potential Benefits of a DST Investment

  • Tax deferral and potential tax forgiveness to heirs (step up in basis on death).
  • Portfolio diversification - A simple and efficient investment process with access for more investors.
  • DSTs can help with “boot” - Exchanging properties for the exact dollar amount of the relinquished property can be difficult. DSTs accept fractional amounts and can help utilize the remaining proceeds leftover from a 1031 exchange that was not able to be allocated to direct real estate.
  • Investors have no personal liability. Annual LLC fees are also eliminated for investors.
  • Investors do not provide tax returns to lenders or sign loan documents – lender does not underwrite the investors; the sponsor signs carve-out.
  • Investors have protection against any uncooperative investors.
  • Lower investment minimums per participant.
  • The sponsor is in charge of managing the property and makes decisions when necessary.
  • The DST owns 100% of the real estate.
  • Access to higher quality real estate.
  • Liability protection.
  • Debt replacement required by Section 1031.
  • Ability to shelter distributions through the use of depreciation deductions plus bonus depreciation and cost segregation.

Disclosure: Diversification does not assure or guarantee better performance/profit and cannot eliminate the risk of investment losses in declining markets. 

This website is neither an offer to sell nor a solicitation of an offer to buy any security which can be made only by a prospectus, or offering memorandum, which has been filed or registered with appropriate state and federal regulatory agencies and sold only by broker dealers and registered investment advisors authorized to do so.

This article is neither an offer to sell nor a solicitation of an offer to buy any security which can be made only by a prospectus, or offering memorandum, which has been filed or registered with appropriate state and federal regulatory agencies, and sold only by broker dealers and registered investment advisors authorized to do so.

Additionally, we cannot offer any of our open offerings unless we have a pre-existing relationship with a customer. Once we have obtained sufficient information to perform an evaluation of our new customers’ financial circumstances and sophistication in determining his or her status as an accredited investor, we would be able to discuss future offerings once they become available. Per our BDPs- 1031 Exchanges must not be made based on a general advertisement, seminars, group mailings or widespread public solicitation.

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