An Easier Path to Real Estate Investing: 1031 Delaware Statutory Trusts
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There are strategies out there that could save you thousands of dollars in taxes, but you probably won’t ever hear about them unless you work with an experienced professional.
The Deferred Sales Trust is one of those. It isn’t well known, but it should be. Here’s how it works.
We sometimes have clients who own property for a long time, or a business or some other highly appreciated asset, and they’re reluctant to sell because of the thousands, or hundreds of thousands, of dollars they will have to pay in capital gains taxes.
They may know about the 1031 Exchange, an excellent tool that allows you to defer paying capital gains taxes on a sale by reinvesting the proceeds into a replacement property. The problem is, some people just don’t want to go back into real estate. That’s where the Deferred Sales Trust comes in. By using Section 453 of the Internal Revenue Code, which pertains to installment sales and related tax provisions, it lets people sell a property or business, defer the capital gains tax and roll the money into investments other than just real estate.
So, let’s say you were selling a property for $1 million. Instead of selling directly to a buyer, you would draw up an installment contract with a third-party trust with the promise that it would pay you over a predetermined period. You would transfer the property to the trust, and the trust would be allowed to sell it to the buyer. Because you sold to the trust in agreement to be paid over time, you wouldn’t have to pay taxes on the sale until you start receiving those installment payments from the trust. So instead of having $700,000 or $800,000 left over after taxes, the whole million is there for the trust to reinvest in stocks, bonds, real estate, annuities or any other type of investment that would generate a greater income stream for the trust to pay you under your agreement with the trust.
HOW 1031 EXCHANGE WORKS
Sell real estate.
Transfer sales proceeds
to an intermediary.
Identify a “like-kind” property within 45 days and close within 6 months
THE DELAWARE STATUTORY TRUST
A Delaware Statutory Trust (DST) is a separate legal entity created as a trust under Delaware statutory law that also qualifies under section 1031 as a tax-deferred exchange. (Rev. Ruling 2004-86) The DST owns 100% of the fee interest in the real estate and permits up to 2,000 investors. Under the DST structure, the lender only needs to make one loan to one borrower, saving both the lender and the investor time and money. The managing trustee of the DST is usually the sponsor or an aliate. This gives the lender greater security knowing that the sponsor will be operating the property.
TRADITIONAL 1031 VS DST 1031
TRADITIONAL 1031 EXCHANGE
• Difficult to purchase and ID
• Responsible for debt
• Potential closing delays
• 45-day worries
• No diversification
DST 1031 EXCHANGE
• Property already purchased and ID
• Not responsible for debt
• Close in 2-7 days
• No 45-day worries
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