We continue with our educational series on most searched topics by investors regarding DST & §1031 exchange. In Part One we briefly reviewed the How DSTs qualify as §1031 alternatives and the Benefits. In this section with have a frank review of the Drawbacks and Risks of the DSTs.
September 12, 2025
By Al DiNicola, AIF®
1031 Tax Deferred Exchange Specialists & DST Advisor
NAMCOA® — Naples Asset Management Company®, LLC
Securities offered through MSC-BD, LLC, Member of FINRA/SIPC
These topics are the most searched topics by investors. Click here for Part One “Sharpening Your Portfolio IQ: How DSTs Qualify as 1031 Alternative Investment
Drawbacks and Risks
There are a variety of ways to determine whether or not an investment decision (or any decision) is right for an individual investor. Once you identify potential assets then comes the decision-making process. There have been different decision-making options utilized by a variety of people. The old Ben Franklin method of drawing 2 columns with the pros and cons. You can also evaluate what the benefits of each. The purpose is to simplify complex decisions and to visualize tradeoffs clearly. We also have the ability to encourage rational rather than emotional decisions. There are investment analytics that may assist in the process and potentially the after-tax yield. (Many 1031 exchangers are seeking to defer capital gains and to defer paying capital gains taxes on a federal, and if applicable state and local basis). So, as with any type of investment, Delaware Statutory Trust do carry a list of risks. And they’re not suitable for all investors.
- First and foremost, there would be a lack of control, because these are passive investments.
- Investors do not have influence over management, leasing, financing or sales decisions. That the trustee of the Delaware Statutory Trust will make.
- The other risk that DSD’s have is that they are generally considered an illiquid asset. Currently there’s a very limited to no resale market for DST.
- Typical holding periods may be between 5 and 10 years. Like most real estate assets which are turnkey, there would be acquisition fees, disposition fees, as well as management fees that would be incurred over the course of the holding period.
- There are also limitations that are imposed by the Internal Revenue Service. You may hear the words, “Seven Deadly Sins”. This includes no additional capital that can be raised once the DST has been closed. No refinancing and there’s restrictions on expenditures. Then once the asset is sold, there are restrictions on the reinvestments decisions made by the sponsor. All proceeds need to go back to the investors. Rather than permitting the sponsor to have control over those proceeds.
- When compared to other illiquid investments. Investors will find that there are similar risks. In the Delaware statutory trust. Like other types of alternative investments there is lack of control, investors cannot influence management, leasing, financing, or sale decisions.
Investment Mechanics & Due Diligence
There is a process for the acquisition of the DST and that may fall under the mechanics involved with the acquisitions. In addition, there are several levels of due diligence. Due Diligence is typically performed by the sponsor in the initial acquisition and packaging of the property as a DST. However, additional due diligence should be a key focal point of the financial advisor or representative who works with an individual investor. The due Diligence on the sponsor includes reviewing their expertise and transparency that the sponsor has demonstrated in the past. This goes beyond the simple track record of the sponsor and should include the methods and types of communications that the sponsor has demonstrated. This includes communication completed with current and past investors. Many sponsors now utilize online portals to provide information to investors. This information may include quarterly status reports and monthly distribution reports. An annual tax filing reports investors will use when filing their individual tax returns. Part of the other due diligence and mechanics that the investors should be aware of would be the exit strategy as well as the distribution schedule. As mentioned before, DST’s are considered an ill liquid investment. But an exit strategy is typically proposed within the private placement memorandum. The exit strategies may include options for investors to simply take a cash out distribution. Other exit options for investors may be to execute in another 1031 exchange, which may or may not include an additional DST. More recently, there have been options for the investor to participate in a section 721 UPREIT. The core investment goal would be to define what the investor needs in order to move into a Delaware statutory trust. If this is a direct cash investment from an accredited investor, that investor may have the benefits of real estate investments of an institutional asset on a much smaller scale then typically may be available to them. For a 1031 exchange investor, it may be to defer capital gains and take a look at creating an investment portfolio that may be acquired by the next generation. However, the underlying issue of the investment mechanics and due diligence must be addressed.
Our core commitment to investors is to continue our focus on attending due diligence conferences that include third party evaluation of alternative investment opportunities. In Part 3 we will review Typical Returns and Investment Minimums as well as Estate Plan Strategies. As always please contact us for a complimentary consultation.
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.
Alternative investments and DSTs are not for all investors. The acquisition of a certain alternative investments including DSTs 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 §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, whether public or private, involves risk, including but not limited to the potential of losing some or all of 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, 97035MSC-BD, LLC and NAMCOA are independently owned and are not affiliated.
Thank you.
