A Delaware Statutory Trust represents an investment structure which is similar to a Real Estate Investment Trust (REIT) however if differs because it qualifis for deferred gain treatment for Exchangers pursuant to Section 1031 of the Internal Revenue Code. DSTs have become very popular with Exchangers who srae struggling to identify replacement proeprty within 45 days becaue they are readily available and they represent a management free method for completing your exchange and transitioning into monthly cash flow, tax benefits, and equity growth while managed by bthe DST sponsor.
DSTs can represent an excellent Replacement Property alternative for your 1031 exchange. The 45-day identification period moves very quickly and often creates needless stress. Fyntex has investment and real estate Partners with whom we can put you in touch. These are professionals who monitor all available proeprties on a daily basis. This means that at any time you can have access to a fully-vetted, investment grade real estate alternative.
One of the greatest benefits of selecting a Delaware Statutory Trust as a 1031 Replacement Property is being able to select the exact undivided interest which meets the financial requirements of your exchange. You determine how much you want to invest as well as how much debt you want the DST sponsor to assign to you.
Obviously this means that you will be owning the property with other similarly situated investors and you will be receiving your portion of the property rents every month as well as the tax benefits.
One of the most popular type of properties which make their way into Delaware Statutory Trust portfolios are multi family apartment units. Historically these properties, when located in growing areas with a diverse population and economy, have provided the most stable income as well as longer term equity growth.
Mixed Use and retail
Many of the newer mixed use types of properties which contain retail as well as residential units or lofts are already owned by Delaware Statutory Trusts. This mixed use approach allows for good tax shelter, diversification of risk as well as opportunities for rent increases in certain pivotal markets.
Student housing has traditionally worked well for Delawarse Statutory Trust interest owners. This is because larger complexes located near major universities provide a regular flow of tenants and a stable ability to schedule regular rent increases.In addition the student populace drives a low vacancy factor.
DST Investment LogisticsThe tax deferred exchange of your property completed pursuant to Internal Revenue Code Section 1031 doesn't have to be difficult. However, when dealing with the transfer of multiple properties and their associated transactional logistics, understanding the 1031 process and having access to a trusted exchanging expert, represents the best strategy for a painless and successful exchange. To be sure, there are a few key 'rules of the road' and some select pitfalls which experienced Exchangers always avoid. What are they?
THE PROPERTIES YOU EXPECT TO EXCHANGE MUST BE 'LIKE KIND'
The Internal Revenue Service requires that the property you sell, as well as the property you buy must be like-kind. And, like kind means one of two things. Either property held for investment, or property held for income. And definitely not your personal residence.
YOU MUST UTILIZE THE SERVICES OF A QUALIFIED INTERMEDIARY
The IRS requires that your exchange be completed with the assistance of a Qualified Intermediary or facilitator. Also, this should be a well-established firm like FYNTEX, so you know your exchange documentation will be correct and that your exchange funds will be safe between the time you buy and the time you sell.
YOU HAVE A TOTAL OF 180 DAYS TO COMPLETE YOUR EXCHANGE
You must complete your sale and purchase within a total of 180 days or whenever your tax return is due. The tax return qualifier means that if you start your exchange late in the year, you might have to file for an extension in order to receive your full 180 days.
YOU MUST IDENTIFY CANDIDATE REPLACEMENT PROPERTIES WITHIN THE FIRST 45 DAYS
Now while you have a total of 180 days to complete your exchange, the IRS requires that you identify some candidate or target Replacement Properties within the first 45 days of your exchange period. Usually this identification is made to your Qualified Intermediary by completing a form which is kept in your exchange file.
YOU MAY SELECT A DELAWARE STATUTORY INVESTMENT BY PROPERTY TYPE AND YOU MAY ACQUIRE MULTIPLE INTERESTS ACROSS SEVERAL DSTS SHOULD YOU DESIRE DIVERSIFICATION
Since investments in Delaware Statutory Trusts are considered securities, they must be acquired through a licensed Broker-Dealer. These are representatives or firms which are appropriated licensed to disclose the underlying specifications of the properties as well as the expected financial performance.
The minimum net worth threshold for acquiring an interest in a Delaware Statutory Trust is an annual income of at least $200,000 or a net worth over $1 million, exclusive of primary residence.
THERE ARE SPECIFIC RULES FOR IDENTIFYING THE PROPERTY OR DST YOU EXPECT TO ACQUIRE
The IRS requires the use of two rules or one exception for identifying potential Replacement Properties. The first is the three property rule, meaning you may identify up to three properties of any value. The second rule is the two hundred percent rule, meaning you may identify more than three properties provided all the properties you identify do not exceed two hundred percent of the value of the property you sold. And the one exception is known as the ninety-five percent exception. Essentially, you may identify more than three properties and more than two hundred percent of total identified property value, provided you acquire at least ninety-five percent of everything you identified.
THERE ARE THREE THINGS YOU MUST DO TO HAVE A 100% TAX DEFERRED EXCHANGE
If you want a completely tax deferred transaction you must do these three things. First, buy Replacement Property which is equal or greater than the net selling price of what you sold. Two, move all your equity from the old property into the new property. And three, replace your debt.
BUY REPLACEMENT PROPERTY AS THE SAME ENTITY IN WHICH YOU SOLD
It is always better if you buy and vest your Replacement Property in the same name and entity as which you sold your Relinquished Property. To do otherwise by changing entities in the middle of your exchange could cause your exchange to fail for lack of meeting the held for investment or held for income requirement of IRC Section 1031.
STILL WITHIN YOUR 45-DAY IDENTIFICATION PERIOD? YOU CAN REVOKE A PREVIOUS IDENTIFICATION AND RE-IDENTIFY NEW REPLACEMENT PROPERTY
If you are still within your 45-day identification period, it is possible to revoke a previous identification, and re-identify new Replacement Property in your exchange. Simply complete your new identification and add revocation language at the top of your form.
THE TYPICAL INVESTMENT TERM FOR A DELAWARE STATUTORY TRUST IS 7-10 YEARS
Most Delaware Statutory Trusts are financed for a ten year period. In addition, the rules underlying the Delaware Statutory Trust structure preclude any refinancing or modification of any loan terms. This is why most Delaware Statutory Trust managers proceed with a management and divestment strategy which includes a sale for the benefit of the owners of DST interests within year 7 -8. It is possible for some Delaware Statutory Trusts to be sold in a shorter timeframe should an excellent offer arise due to equity growth of the properties in the portfolio. In this event, owners of DST interests can 1031 exchange out of the Delaware Statutory Trust into another DST or into any other like kind property.
DON'T FORGET TO REPLACE YOUR DEBT, EVEN WITH A DELAWARE STATUTORY TRUST INVESTMENT
In the event you want a totally tax deferred 1031 exchange transaction which includes a purchase of a Delaware Statutory Trust interest, you may need to have debt from the DST assigned to you for the benefit of your 1031 exchange. Your Broker-Dealer should be willing to assist you as you determine the amount of debt necessary for your particular exchange scenario, and thereby arrange with the DST sponsor to assign such debt to you.