Let's Talk!
Schedule a consultation today to discover more about your Tax Mitigation options.
A Delaware Statutory Trust (DST) is a legal entity created under the laws of the state of Delaware. They are commonly used in real estate investment as a vehicle for holding and managing real property investments, especially for tax and liability purposes. Pursuant to IRS Revenue Ruling 2004-86, DSTs can now be utilized in 1031 exchanges as replacement property, which allow real estate investors to defer capital gains taxes when they sell one property and reinvest the proceeds into another like-kind property, like a DST. In many cases, DSTs are an ideal, tax-efficient exit solution from the ownership of real property.
DST Assets: DSTs hold and are commonly invested in institutional-grade real estate including: Multi-Family, Industrial NNN, Self-Storage, Retail, Student Housing, Office, Hospitality, Medical Facilities, Senior Living and Energy. They potentially offer monthly income, which may be tax sheltered, and
participation in the performance of the underlying real estate asset upon disposition. Through subsequent 1031 purchases of DSTs, you may also effectively defer capital gains in perpetuity with ultimately an elimination of those capital gains via a step-up in basis for heirs.
Limited Liability: DSTs provide investors with limited liability protection, similar to that of a corporation or limited liability company (LLC). This means that the investors’ personal assets are generally shielded from the debts and liabilities of the trust.
Pass-Through Taxation: DSTs are typically structured as pass-through entities for tax purposes. This means that the income and expenses generated by the trust flow through to the individual investors, who report them on their own tax returns. This pass-through structure can be advantageous in certain tax situations.
1031 Exchanges: DSTs are considered like-kind real estate per IRS Revenue Ruling 2004-86 and are often used in 1031 exchanges as replacement property. 1031 exchanges, also known as like-kind exchanges, allow real estate investors to defer capital gains taxes when they sell one property and purchase another similar property, like a DST. DSTs offer a way for investors to aggregate their funds to acquire a pro rata interest in a larger, professionally managed, institutional quality property that qualifies for a 1031 exchange.
Management and Professional Expertise: DSTs are managed by a trustee, which is typically a financial institution or real estate company with extensive experience in real estate management. This allows investors to pass on the day-to-day management responsibilities to professionals, which can be particularly attractive for investors wishing to go passive with their investments. No more “Tenants, Toilets & Trash”!
Pro Rata or Percentage Ownership in a Trust, not Tenants-in-Common or a TIC: In a DST, multiple investors collectively own and share in the benefits and risks associated with the underlying property in the Trust. Each investor typically holds a pro rata percentage interest in the DST.
Investment Duration: DST’s usually have a finite lifespan, which is specified in the trust agreement. Once the trust’s purpose is fulfilled or the specified duration is reached, the property may be sold, and the proceeds distributed back to the investors or to their Qualified Intermediary to execute another 1031 exchange.
Non-Recourse Debt: The acquisition debt, if any, in the DST structure is the debt of the DST, not the investors, which means the debt in the DST will not encumber or impact investors finances. However, the DST debt will serve to satisfy debt replacement required by the IRS in a 1031 exchange.
We’ve compiled dedicated resource pages of potential Tax Mitigation Solutions that may meet your needs. Please explore our materials to gain a deeper understanding of your options.
Schedule a consultation today to discover more about your Tax Mitigation options.
This content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. Please consult legal or tax professionals for specific information regarding your individual situation. The opinions expressed and material provided are for general information and should not be considered a solicitation for the purchase or sale of any security.
Securities offered through Great Point Capital, LLC (GPC); member FINRA/SIPC/IEX. Advisory services offered through Great Point Advisors (GPA), LLC; an SEC registered investment adviser. 1031 Investment Real Estate is independent of GPC & GPA.
This site is published for residents of the United States only. Representatives may only conduct business with residents of the states and jurisdictions in which they are properly registered. Therefore, a response to a request for information may be delayed until appropriate registration is obtained or exemption from registration is determined. Not all of services referenced on this site are available in every state and through every representative listed. For additional information, please contact 1031 Investment Real Estate at 385-292-1031.
© 2025 1031 Investment Real Estate - All Rights Reserved.