When investors participate in a 1031 exchange and select a Delaware Statutory Trust (DST) as the replacement property, there may be a wide range of expectations. This is Part Four of the investor driven series called Investor Expectations.
May 19, 2025
By Al DiNicola, AIF®
1031 Tax Deferred Exchange Specialist & DST Advisor/Specialist
NAMCOA® — Naples Asset Management Company®, LLC
Securities offered through MSC-BD, LLC, Member of FINRA/SIPC
However, there is a specific set of expectations and motivations. In a recent interaction we have reviewed a variety of expectations. The recurring theme is a group of key expectations using a DST in a §1031 tax deferred exchange.
1. Tax Deferral
Investors executing a §1031 and utilizing traditional real estate do so with the intention of deferring capital gains. If there is a Primary Goal, deferral of capital gains taxes may be the primary goal. This is accomplished by reinvesting the proceeds from the sale of their relinquished property and reinvesting the proceeds in a “like-kind” property. A DST investment qualifies as like-kind real estate for §1031 exchange purposes under IRS guidelines (Revenue Ruling 2004–86). The other requirements are to acquire a property of equal or greater value and replace any debt paid off.
2. Passive Income
A goal of certain investors (when they reach a certain age) may be Hands-Off Management. This translates meaning investors expect a passive investment, with professional asset and property management by the DST sponsor. Most investors are seeking or accustomed to Monthly Distributions. Typically, investors expect to receive regular monthly income distributions (though not guaranteed), generated by rents or operations of the property.
3. Diversification
One of the benefits of a DST (when compared to traditional real estate) would be many DSTs often own large, institutional-quality assets (e.g., apartment complexes, medical buildings, industrial properties). In addition, investors can diversify their real estate holdings by purchasing fractional interests in multiple DSTs.
4. Low Minimum Investment
DSTs often have minimum investment thresholds as low as $100,000. Thisallows investors to spread proceeds from a relinquished property sale across several DSTs. This may occur by reinvesting the sales proceeds from the sale of the relinquished property (held by a Qualified Intermediary) and acquiring more than one DST. Typically, a DST acquisition may be $100,000. An investor with $500,000 in sales proceeds may acquire multiple properties. There will be additional paperwork and additional due diligence involved.
5. Non-Recourse Debt
One of the requirements for §1031 exchange to be valid is to replace the debt paid off on the relinquished property. This may be accomplished by adding more cash (aka fresh cash) towards the replacement acquisition. However, investors may seek a DST that has leverage. If the DST uses leverage, it is non-recourse to investors. This means investors are not personally liable for the loan—important for estate planning and risk management. This also means the investor does not need to apply for a loan since the DST with debt is prepackages and the investors will receive a prorate share of the debt based on the equity investment.
6. Avoid Active Landlord Duties
Back to certain investors (at a certain age aka baby boomers) may be looking to uncomplicate their lives. Investors often choose DSTs after years of managing properties directly and seek relief from a number of issues. The often-used reference may be to the “Terrible T’s”. This is a reference to tenants, trash, toilets and a few other issues. There may also be issues involving compliance.
7. Estate Planning and Wealth Transfer
When we start a conversation with a potential investor, we also want to understand the long-range goals for the §1031. DST interests can be passed on to heirs, who receive a step-up in cost basis, potentially eliminating deferred taxes altogether. Other investors may seek to name a charity to be the beneficiary of specific DSTs. One of the newer exit strategies certain DST sponsors may include in the offering is the ability for the DST to move into a REIT via a 721 UPREIT upon full cycle or sale of the DST. We have written other articles on that topic.
8. Access to Institutional-Grade Real Estate
Traditional real estate may limit the quality of the replacement property, especially if it is a larger property. DSTs give retail investors access to class A assets that would normally be out of reach financially and operationally.
There are always other important considerations or what investors should be aware of with a DST.
- Illiquidity: DST interests are not liquid and can be difficult to sell.
- No Control: Investors have no voting rights or management control once invested.
- Fixed Life Span: DSTs are designed to be held for 5–10 years, after which the property is sold, and gains may be realized (taxable unless reinvested in another 1031).
- Market Risk: DST investments are still subject to real estate market risks and fluctuations in property values and rents.
- Fees and Sponsor Risk: Fees and the experience/reputation of the DST sponsor are critical to evaluate.
Investors who take time to review all their options may discover if a DST may be a solution to their investment. As always, we can assist with initial conversations as well as critical information if you are already within the 45-day identification period. Because of our constant monitoring of the DST equity availability, we are well versed at short time periods for identification of replacement properties.
In part Five we will cover tax items to bring up with your tax professional. We do not provide tax advice. The questions and items are frequently asked questions from investors.
NAMCOA® is a SEC registered investment advisory firm that provides comprehensive portfolio management, financial planning, and fiduciary decision-making services on behalf of retirement plan sponsors. Our difference is summarized by our fiduciary approach which enables us to better meet portfolio and retirement plan objectives, resulting in stronger risk adjusted returns for investors and peace of mind for Clients. We also focus on alternative real estate investment. Many real estate investors are seeking tax deferred solutions utilizing §1031 exchanges or Opportunity Zones.
DSTs are not for all investors. The acquisition of a DST is for accredited investors only. Contact your investment adviser for additional details on how a DST may be a solution to your §1031 Exchange and suited for your investment future. For more information on how to properly set up an IRC §1031 Tax 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, whether public or private, 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. 5 Centerpointe Drive, Ste. 400 Lake Oswego, OR, 97035. MSC-BD, LLC and NAMCOA are independently owned and are not affiliated.
Thank you.
