By design most Delaware Statutory Trusts (DST) are structured with debt financing. This satisfies §1031 requirements to replace debt. Over the past two years the cost of debt has increased. Caution: understand the rising interest rates.
January 24, 2024, UPDATED
Original Post Feb 7, 2022
By Al DiNicola, AIF®, CEPA™
DST 1031 Specialist
NAMCOA® — Naples Asset Management Company®, LLC
Securities offered through MSC-BD, LLC, Member of FINRA/SIPC
Many investors who are executing an exchange are surprised to find out that the debt being paid off needs to be replaced by another mortgage or fresh cash equal to the mortgage paid off on the relinquished property. A key element in the DST structure to note is the debt financing is non-recourse debt for the individual investors.
Effects of Rate Increases
The overall health of the economy as well as the rates on borrowed funds may determine how the investment performs. From late 2022 interest rates started to rise effecting many aspects of the economy. As the cost of debt increases there is a compression of potential returns. During downturns in the economy vacancies can rise that will affect the bottom line or Net Operating Income (NOI) of the property. This in turn may change the selling price during the exit phase of the any real estate investment. The rise in interest rates also affects the DST asset. We will cover the relationship of NOI and the Capitalization Rate (CAP Rate) and the price a property may sell for in the marketplace in other educational articles. Technically NOI is calculated before debt service. If the NOI is $200,000 for a real estate investment and the debt service is $100,000 then the pre-tax income would be $100,000. If in 2024 the debt service on a loan is 50% higher than 2021 then the pre-tax income may be $50,000 using the same example. Rental rates in some sectors have increased from 2021 that may offset the interest rate increase to some extent.
Regulation. There is no question that there needs to be strategic planning to carry out a successful 1031 exchange. There are strict timing constraints from the IRS. Over the years Congress has debated the §1031 exchange and is subject to being amended by congress. EY (EY Macroeconomic Study 2022) has conducted studies over the past few years that demonstrated the economic impact of all 1031 exchange on the economy. The research demonstrates the value of like-kind exchanges to the greater US economy, including employment and wage contribution, adding to GDP, and generating consumer spending.
Execution of the Exchange. Putting the parts together for success may be challenging at times. There are a variety of variables to be aligned and set up in order for a §1031 exchange to be successful under normal real estate investment. Utilizing a DST also has moving parts as well. Any misstep between the investor, the Qualified Intemediary (QI) or the Sponsor’s ability to deliver the replacement DST asset will cause the §1031 exchange to fail. First critical execution (in the form of an agreement) is between the investor and QI. An investor working with a seasoned financial advisor who has expertise in §1031 utilizing DST replacement is a tremendous advantage. Utilizing a traditional real estate replacement property also comes with execution risks. The 45-day notification period passes quickly.
Asset-Classes. Offerings of DST include the same commercial assets as regular real estate. Although the availability of the DST assets at any time may change. Currently in 2024 the overall market conditions with regards to DST inventory and availability have increased providing investors additional options and alternatives. Asset classes are generally multi-family residential, single family residential, student housing, senior housing, manufactured housing, industrial, retail, office, Office Medical, Self-Storage, and a new asset class Life Science. The scope of each asset will be covered in additional educational materials.
Look for Part 5: DST Fees… Coming Soon
DST’s (Delaware Statutory Trusts) are for accredited investors only. Contact your investment adviser for additional details on how a DST may be a solution to your 1031 Exchange and compliment your financial objectives. For more information on how to properly set up an IRC 1031Tax Deferred Exchange or if you are an accredited investor and would like additional information on a DST contact Al DiNicola at 239–691-8098 or email adinicola@namcoa.com. This is not an offer to purchase or solicitation to purchase any security, as such be made only through an offering memorandum or prospectus. Investing in securities, real estate, or any investment, in any form, involves risk, including but not limited to the potential of losing some or all your investment dollars when you invest in securities. You should review any planned financial transactions that may have tax or legal implications with your personal tax or legal advisor. NAMCOA, LLC is a Registered Investment Advisor, regulated by SEC (Securities and Exchange Commission). Our corporate office is located at 999 Vanderbilt Beach Road, Suite 200, Naples Florida 34108. Securities Offered through MSC-BD, LLC, Member of FINRA/SIPC. 8215 SW Tualatin ‑Sherwood Rd, Suite 200 Tualatin, OR 97062. MSC-BD, LLC and NAMCOA are independently owned and are not affiliated.