faqs

Answers to common questions about

1031 Exchanges and DSTs

About 1031 Exchanges

What qualifies as 'like-kind' property?

‘Like-kind’ refers to any real estate held for investment or business purposes. This includes rental properties, commercial buildings, land, and other investment real estate. Personal residences do not qualify, but nearly all U.S. investment real estate does.

You have 45 days to identify potential replacement properties and 180 days from the date of sale to complete the purchase of the new property. Both deadlines are strict and cannot be extended.

You can identify up to three properties without any value restriction. Alternatively, you can identify more than three properties if their total value does not exceed 200% of the value of the relinquished property.

Yes, you can exchange multiple properties for one or trade one property for several others. The key is ensuring that all properties involved meet the like-kind requirement and the total reinvestment value meets the requirements.

Yes, to defer all capital gains taxes, you must reinvest all the sale proceeds and purchase a replacement property (or properties) of equal or greater value. If you take any cash out (referred to as “boot”), that portion may be taxable.

No, as of the 2017 Tax Cuts and Jobs Act, 1031 exchanges are now limited to real estate. Personal property, such as equipment or vehicles, no longer qualifies for tax deferral under 1031 exchanges.

Yes, a partial exchange is possible. If you reinvest less than 100% of the proceeds or acquire a replacement property worth less than the relinquished property, you will pay taxes on the difference, known as “boot.”

Common risks include missing the strict deadlines, selecting unsuitable replacement properties, or ending up with taxable boot. You should also consider the liquidity risk of reinvesting into certain property types, market fluctuations, and potential future tax law changes.

Yes, you can exchange a property with a mortgage or debt. However, to fully defer taxes, you must replace the debt with equal or greater debt on the replacement property or contribute additional cash to cover the difference. If you end up with less debt, the difference is considered “boot” and may be taxable.

A second home or vacation property may qualify for a 1031 exchange if it is primarily used for investment purposes. The property must be rented out and generate income for at least 14 days per year for two years prior to the exchange, and personal use must be limited.

A Qualified Intermediary (QI) is a neutral third party required in a 1031 exchange to hold the sale proceeds from the relinquished property until they are used to purchase the replacement property. You cannot touch the proceeds, or the transaction may become taxable.

About DSTs

What is a Delaware Statutory Trust (DST)?

A DST is a legal structure that allows multiple investors to own shared interest of a large, institutional-quality real estate property. Investors receive proportional benefits from the property, including income, tax deferral, and appreciation. These are popular for 1031 exchanges due to their like-kind status.

Yes, a 1031 exchange-eligible real estate investment qualifies as replacement property in a 1031 exchange. This means you can sell an investment property and reinvest the proceeds into a DST to defer capital gains taxes.

Risks include illiquidity (since you cannot easily sell your fractional interest), potential loss of income if the property underperforms, lack of control over management decisions, and the risk that tax laws could change. As with all real estate, market and economic conditions also pose risks.

Unlike direct ownership where an investor controls all aspects of the property, a 1031 exchange-eligible investment is passively managed by a trustee or sponsor. This allows investors to enjoy income and tax deferral benefits without being involved in the day-to-day management or decision-making.

Key benefits include passive income, diversification, access to institutional-quality properties, and the ability to defer capital gains taxes through a 1031 exchange. It also provides the opportunity to exit property management responsibilities.

Minimum investments typically range from $100,000 to $500,000, though this can vary depending on the specific offering. This allows for diversification across multiple properties or DSTs, especially for those completing larger 1031 exchanges.

Income generated by a DST is typically distributed to investors as cash flow and is taxed as ordinary income. However, upon selling or exchanging the DST interest, investors can reinvest through another 1031 exchange to continue deferring capital gains.

DST investments are generally structured with a holding period of 5 to 10 years. However, the actual time frame depends on market conditions, the performance of the property, and the sponsor’s exit strategy. Investors are usually locked into the investment until the property is sold.

When the property is sold, investors generally have two options: they can either receive the proceeds (which will result in capital gains taxes), or they can reinvest the proceeds into another 1031 exchange-eligible real estate investment to continue deferring taxes. The decision to sell is made by the sponsor, not the individual investors.

Beyond the options of paying taxes or completing another 1031 exchange, some 1031 exchange-eligible real estate investments offer the ability to convert your interest into a Real Estate Investment Trust (REIT) through a 721 UpREIT structure. This allows for tax deferral, but it removes the option to perform future 1031 exchanges.

There are several ways to access future liquidity while deferring taxes. Building a diversified portfolio can create a ladder of liquidity events. A 721 UpREIT can offer future liquidity but is taxable, though some UpREIT structures allow borrowing against your investment tax-free. Additionally, mineral rights interests can be sold through a secondary market providing liquidity at the investor’s discretion.