Passive Real Estate Investing with a 1031 Exchange

If you're considering transitioning from active property management to a more passive approach, it's important to explore your options. One effective strategy to defer taxes on your relinquished property is through a 1031 Exchange. However, it's worth noting that the landlord responsibilities for qualifying replacement properties can vary significantly based on how you own the exchanged property.

To achieve tax deferral in a 1031 Exchange, a taxpayer must exchange real property for other "like-kind" real propertyf. There are generally four ownership options to consider that qualify for 1031 Exchange tax deferral while providing limited or no landlord responsibilities and striving to generate income. In this article, we will explore these four passive income ownership options and discuss the pros and cons associated with each.

By understanding these options, you can make an informed decision about the your passive real estate investment strategy.

Passive Income Replacement Property

For 1031 Exchangers seeking passive income, there are various ownership models to choose from. It's important to note that there is no one-size-fits-all model that suits every individual or situation. The ownership model you select should align with your specific goals. Here is a summary of the pros and cons associated with four common ownership options for your 1031 Exchange.

Delaware Statutory Trusts (DSTs):

DSTs have gained popularity for passive real estate investing. They offer portfolio diversification, low minimum investments, and similar benefits to direct property ownership. Through a 1031 Exchange, investing in a DST qualifies as a replacement property, allowing you to defer capital gains on your sale proceeds.

With a DST, investors own fractional interests in properties within the trust, providing diversification. DSTs cater to various types of investors and often enable them to own fractional shares of larger institutional properties that may be unaffordable individually. These properties can include multi-family apartments, net-lease retail properties, self-storage facilities, medical office buildings, industrial properties, student housing, senior housing, or memory care facilities.

In addition to passive income potential, DSTs offer several potential benefits. These include professional property management, limited liability for investors, access to low-cost non-recourse debt, quick closing times (typically 3 to 5 days), and the ability to continue benefiting from annual depreciation write-offs to reduce income tax burden.

Note: It's essential to carefully evaluate DST offerings, consider risks, and consult with qualified professionals before making investment decisions.

Other ownership options and their pros and cons will be covered in the subsequent parts of this guide.

DSTs (Delaware Statutory Trusts)

Young female real estate agent congratulating buyer on new apartment purchase representing passive income and 1031 exchange in real estate through Delaware Statutory Trusts DSTs

Landlord Duties: NONE


  1. Fractional Ownership of Assets: DSTs allow investors to own fractional interests in institutional-grade properties, providing access to high-quality real estate assets.
  1. Institutional-grade Property: DSTs typically offer properties that are professionally managed and maintained, providing investors with exposure to well-managed and desirable assets.
  1. Multiple Property Types: DSTs cover a range of property types, including multi-family apartments, net-lease retail, self-storage, medical office, industrial properties, student housing, senior housing, or memory care. This variety allows investors to diversify their holdings within the DST.
  1. Portfolio Diversification: Investing in DSTs allows for diversification across different properties and markets, potentially reducing the risk associated with concentration in a single property.
  1. Non-Recourse Debt Matching: DSTs provide access to non-recourse financing, allowing investors to match the debt on the replacement property with their investment, which can enhance cash flow potential.
  1. Low Investment of $500K: DSTs often have a lower minimum investment requirement compared to directly owning a property, making it accessible to a broader range of investors.


  1. Must be an Accredited Investor: To invest in a DST, investors must meet specific criteria to qualify as an accredited investor, which typically includes having a high net worth or meeting certain income thresholds.
  2. Lack of Control & Liquidity: Investors in DSTs have limited decision-making control over the property, as the day-to-day management is typically handled by a professional asset manager. Additionally, DSTs have limited liquidity options compared to direct property ownership.
  3. Loan Modifications Not Possible: Investors in DSTs do not have the ability to modify or renegotiate the terms of the existing loan on the property, as these decisions are made at the trust level.
  4. It's important to thoroughly research and consider these factors, along with any specific risks associated with a particular DST offering, before making investment decisions. Consulting with professionals experienced in DST investments can provide further guidance and insights.

The minimum investment for a DST is usually $100,000, allowing for greater accessibility to a broader range of investors. Some investors choose to further diversify their portfolios by investing in multiple DSTs. However, to invest in a DST, you must meet the accredited investor requirements. This typically entails having a net worth of at least $1 million (excluding your primary residence) or an annual income of $200,000 ($300,000 with a spouse or partner) for the previous two years and anticipated for the current year.

One downside of investing in a DST is the loss of control over the asset as a fractional owner. Investment and property management decisions are made by the trustee or investment manager, and individual investors do not have a direct say in those decisions. Additionally, DST investments are relatively illiquid. While there is a secondary market, it's advisable to plan for the investment duration of the trust, which typically ranges from five to ten years.

It's important to carefully evaluate these factors, assess the specific terms and conditions of each DST offering, and consider the potential risks involved before making investment decisions. Consulting with professionals experienced in DST investments can provide valuable insights and guidance.

Triple Net Lease (NNN)

Family couple moving out of apartment indicative of real estate shift and potential for passive income and 1031 exchange through a Triple Net Lease NNN

One common challenge of owning rental real estate is the responsibility for various ownership costs, such as property taxes, building insurance, and maintenance. However, with a Triple Net Lease property, the tenant assumes the responsibility for all of these expenses throughout their lease term. If you have an outstanding mortgage on the property, your only expense would be the monthly mortgage payment.

Triple Net Leases typically have longer terms, often ranging from 10 to 15 years, and often include rent escalation clauses. These clauses ensure that your rental income increases each year by a predetermined amount, providing a potential source of steady income growth. Commercial properties, including office buildings, shopping malls, or freestanding buildings operated by banks, restaurants, or major retailers, commonly utilize Triple Net Leases.

The monthly rent from the tenant in a Triple Net Lease arrangement tends to be lower compared to other properties. This is because the tenant assumes the risks and responsibilities associated with property upkeep and expenses. By transferring these obligations to the tenant, the property owner can potentially have a more hands-off approach to property management while still benefiting from a reliable rental income stream.

Triple Net Lease (NNN)

Landlord Duties: LIMITED


  1. Direct Ownership of Assets: With a Triple Net Lease, the property owner retains direct ownership of the property while transferring most ownership costs and responsibilities to the tenant.
  1. Often Utilized by DST Sponsors: Triple Net Lease properties are commonly utilized by sponsors of Delaware Statutory Trusts (DSTs) as replacement properties in 1031 Exchanges, providing investors with potential opportunities for passive real estate investment.
  1. Long-term Lease Agreements: Triple Net Leases typically have longer lease terms, ranging from 10 to 15 years or even longer. This can provide the potential for stability and predictability in rental income for the property owner.
  1. Built-in Rent Escalation Clauses: Lease agreements often include rent escalation clauses, allowing for predetermined annual rent increases. This can help to protect against inflation and potentially increase rental income over time.
  1. Tenant Pays all Repair Costs: Under a Triple Net Lease, the tenant is responsible for paying all property expenses, including property taxes, building insurance, and maintenance costs. This reduces the landlord's financial burden associated with property ownership.
  1. Corporate Tenants are Common: Triple Net Leases are frequently used by corporate tenants, such as banks, restaurants, or major retailers. These tenants tend to have strong credit profiles, providing additional reassurance for landlords.


  1. Vacancy & Tenant Default Risks: Like any rental property, there is a risk of potential vacancies and tenant defaults, which can impact rental income and require finding new tenants.
  2. Rent Increases May Lag Markets: Rent escalation clauses may have predefined annual increases that could potentially lag behind market rental rates. This may result in missed opportunities for higher rental income during periods of market growth.
  1. High Investment Minimums: Triple Net Lease properties often require higher minimum investments compared to other real estate investments, which can limit accessibility for some investors.

A downside of Triple Net Lease properties is that investors remain responsible for property expenses if tenants default or the building is vacant. Cash reserves should be set aside to mitigate this risk. Additionally, full ownership of a Triple Net Lease property often requires a significant investment, tying up a substantial amount of capital in a single property.

Furthermore, in a rental market with increasing demand, long-term lease contracts may result in rental income falling below current market rates. Careful evaluation and consideration of these factors are essential when investing in Triple Net Lease properties.

Tenants-in-Common (TICs)

Tenants-in-Common (TICs) is a structure that allows up to 35 investors to collectively purchase real estate. In a TIC agreement, investors directly source, acquire, and operate the property, often involving institutional-quality properties with professional management. This means that investors can rely on responsible managers who handle day-to-day responsibilities on their behalf.

Investing in TICs provides the flexibility to diversify investments across multiple properties, allowing investors to 1031 Exchange their sale proceeds into different TICs. This diversification can encompass various geographic locations, occupancy types, and asset management strategies. Each investor receives a fractional fee simple interest in the property based on the size of their investment.

TIC investments offer freedom from the daily management of properties and provide an income stream from high-quality institutional assets. Investors also benefit from receiving a proportionate share of net income, tax advantages, and potential appreciation. Investors can hold their interest in a TIC as individuals, joint tenants, or through a Limited Liability Company (LLC).

A limitation of Tenants-in-Common investments is that they are generally not permitted to act as business entities.

TICs (Tenants-in-Common)

Landlord Duties: LIMITED


  1. Fractional Ownership of Assets: TICs allow investors to have fractional ownership in institutional-grade properties, providing access to high-quality real estate assets.
  1. Up to 35 Partner Investors: TICs allow for pooling resources with up to 35 partner investors, enabling collective purchasing power and shared responsibilities.
  1. Institutional-grade Property: TICs typically involve institutional-quality properties with professional management, providing investors with access to well-maintained and desirable assets.
  1. Portfolio Diversification: Investing in TICs allows for diversification across multiple properties, offering the opportunity to spread investments geographically, across occupancy types, and asset management strategies.
  1. Non-Recourse Debt Matching: TICs provide access to non-recourse financing, allowing investors to match the debt on the property with their investment, potentially enhancing cash flow potential.
  1. Earnings Based on Ownership: Investors in TICs receive earnings proportional to their ownership interest, providing a direct correlation between their investment and any income generated by the property.


  1. Complex Ownership Liquidation: Liquidating or selling a TIC investment can be more complex compared to other forms of real estate ownership, as it involves coordinating the interests of multiple investors. This process can be time-consuming and may require unanimous consent from all co-owners.
  1. Limited Control of Assets: In a TIC structure, investors have limited control over the day-to-day management and decision-making of the property. While professional managers handle the operations, investors may have limited influence or input on property-related decisions.
  1. High Investment Minimums: TIC investments often require a significant minimum investment, typically starting at $1 million or higher. This higher investment threshold may limit accessibility for some investors.

A limitation of TICs is that investors cannot file TIC tax returns, conduct business through a common name, borrow money, or enter into contractual agreements as a TIC entity. Additionally, TICs typically offer a right of first refusal if an investor decides to sell their ownership interest. However, if a suitable buyer is not found, the investor is generally free to sell to any interested party. It's important to note that selling to an undesirable co-owner could potentially have a negative impact on the investment.

Private REITs

Private REITs, like their publicly traded counterparts, are investment vehicles that pool investor funds to acquire a portfolio of real estate properties. However, unlike publicly traded REITs, private REITs are not subject to Securities and Exchange Commission (SEC) registration and are not publicly traded.

Private REITs often focus on specific geographical areas or types of real estate, such as hotels, apartments, or senior care living. While they lack the liquidity of publicly traded REITs, private REITs can offer investors a diversified real estate portfolio, access to professional management, and the opportunity to invest in assets that may otherwise be out of their financial reach.

It's important to note that private REITs are not subject to the same disclosure requirements as publicly traded stocks or public non-listed REITs. Investors should carefully consider the risks and perform due diligence before investing in private REITs, as the lack of public scrutiny and liquidity can introduce additional considerations.

Consulting with professionals experienced in real estate investments and private REITs can provide valuable guidance and help investors make informed decisions based on their investment objectives and risk tolerance.

Private REITs

Landlord Duties: NONE


  1. Fractional Ownership of Assets: Private REITs allow investors to have fractional ownership in institutional-grade real estate properties, providing access to high-quality assets.
  1. Institutional-grade Property: Private REITs typically invest in institutional-quality properties, which are professionally managed and maintained.
  1. Higher Dividend Yield vs. REITs: Private REITs may offer higher dividend yields compared to publicly traded REITs, potentially providing attractive income opportunities for investors.
  1. Portfolio Diversification: Investing in private REITs allows for diversification across multiple properties and property types, reducing risk through spreading investments.
  1. Lower Investment Minimums: Private REITs often have lower investment minimums compared to other real estate investments, making them more accessible to a broader range of investors.
  2. Limited SEC Requirements: Private REITs are exempt from SEC registration and the associated disclosure requirements, providing more flexibility and potentially reduced regulatory burdens.


  1. Must be an Accredited Investor: To invest in private REITs, investors must meet accredited investor requirements, which typically include having a high net worth or meeting certain income thresholds.
  1. Lack of Control & Liquidity: Investors in private REITs have limited control over property management decisions, and liquidity options may be limited compared to publicly traded REITs.
  1. Dividends Taxed as Income: Dividends received from private REITs are generally taxed as ordinary income, which may impact the overall tax liability for investors.

Private REITs are known for offering higher dividend yields compared to public REITs. They also have lower compliance costs since they are exempt from SEC reporting requirements. However, due to regulations, private REITs can only be sold to accredited investors and qualified institutional buyers.

The lack of public trading also means that private REITs are less liquid. Minimum investment amounts typically start at around $25,000.

It's important to note that investing in a REIT, whether private or public, differs from other real estate investments. Investors do not benefit from tax advantages like depreciation and loss carry-forwards that are typically associated with direct real estate investing.

Additionally, to qualify as a REIT, the entity must distribute at least 90% of its taxable income to investors. These distributions are considered ordinary income, which is usually subject to higher tax rates. As a result, many investors choose to invest in REITs through tax-deferred accounts, such as an IRA, to mitigate the tax impact.

In Conclusion

As a real estate investor considering a 1031 Exchange, there are important factors to consider when selecting your reinvestment options. These factors include your desired level of involvement in property management, the taxation of your income, and your preference for fractional or sole ownership. Making informed decisions regarding these aspects can be challenging without proper guidance. It is recommended to seek professional guidance to navigate these considerations effectively and strive to ensure the best outcome for your investment.

When considering investing in private REITs, thorough due diligence and consultation with professionals experienced in real estate investments and tax planning are crucial to make informed decisions aligned with investment goals and tax strategies.

General Disclosure

Not an offer to buy, nor a solicitation to sell securities. All investing involves risk of loss of some or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing. Any information provided is for informational purposes only.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication. 

1031 Risk Disclosure: 

Eligibility for a 1031 Exchange: Who Can Participate?

A 1031 exchange is a strategy utilized by real estate investors to postpone the payment of capital gains taxes, allowing them to reinvest the full proceeds from the sale of an asset. Fortunately, the Internal Revenue Service (IRS) has established guidelines and regulations that, if meticulously adhered to, permit taxpayers to engage in this process.

The requirements for a successful 1031 exchange are as follows:

Like-Kind Properties: The assets involved in the exchange must be of "like-kind." While the definition of "like-kind" was broader before the Tax Cuts and Jobs Act (TCJA), which imposed limitations, the exchange now primarily applies to business properties. However, almost any income-producing property can qualify. For instance, you can sell a residential rental property and reinvest in an office building, or sell an office building and reinvest in retail properties. The exchange allows for flexibility in altering your real estate portfolio's composition, focusing on different geographic regions or sectors to maximize investment potential.

It is important to note that personal-use properties, such as primary residences or second homes, do not qualify for a 1031 exchange.

1. Qualified Intermediary (QI): To facilitate the exchange, a Qualified Intermediary (QI) must be involved. The QI is an independent third party responsible for holding the proceeds from the sale of the relinquished property and ensuring they are properly transferred to acquire the replacement property. Their involvement is crucial to maintain compliance with IRS regulations and avoid direct receipt of the funds by the taxpayer, which would disqualify the exchange.

2. Timeline: Strict timelines must be followed during a 1031 exchange. The taxpayer has 45 days from the sale of the relinquished property to identify potential replacement properties. Subsequently, the acquisition of the replacement property must be completed within 180 days from the sale.

1031-exchange eligibility requriements IRS regulations, and tax deferrals.


There are several important restrictions to be aware of when engaging in a 1031 exchange:

1.   Value and Debt Replacement: One key requirement is that the investor must replace both the value and the debt level of the relinquished property. For example, if you sell a property worth $400,000 with a mortgage of $300,000, you need to acquire one or more new assets with a combined value and debt equal to or greater than those amounts. Failure to meet this requirement can result in disqualification from the exchange and potential capital gains tax liability.

2.   Timeline: Once the relinquished property is sold, the investor has a tight timeframe to complete the exchange. Within 45 days of the sale, the investor must formally identify potential replacement properties. The acquisition of the replacement property must then be completed within 180 days, including the initial 45-day identification period. Meeting these strict deadlines is crucial to maintain eligibility for the tax-deferred exchange.

3.   Options for Replacement Property Identification: There are three options available for successfully identifying and acquiring replacement properties:

Option 1: Identify up to three potential replacement properties, without any restrictions on their individual or total value. Ultimately, the investor must purchase one or more of these properties and ensure that both the value and debt level of the relinquished property are replaced.

Option 2: Identify an unlimited number of properties, but their combined value cannot exceed 200% of the original asset's value. Similar to the first option, the investor must purchase one or more of these properties to satisfy the value and debt replacement requirements.

Option 3: Identify any number of properties during the allowable period, but the investor must acquire properties with a combined market value of at least 95% (equal to or greater than) the cost of the relinquished property. By meeting this threshold, the investor ensures the replacement of both value and debt.

1031-exchanges-new-york-tax cuts and jobs act 2023 resources.

“Can I just do this myself?”

No, you cannot handle a 1031 exchange on your own. According to the rules governing these exchanges, you are required to work with a Qualified Intermediary (QI) or Exchange Accommodator. The role of the QI is to oversee the transaction and ensure compliance with the necessary regulations. They act as a third-party facilitator, safeguarding the proceeds from the sale and managing the exchange process.

The QI establishes a separate account to hold the funds from the sale of the relinquished property, ensuring that you, as the investor, do not have direct access to the proceeds. They also receive the formal identification of potential replacement properties from you and assist in the acquisition of the identified replacement property.

Furthermore, the QI takes charge of collecting and organizing the required documentation throughout the exchange process. Their expertise in the rules and regulations surrounding 1031 exchanges is crucial to ensure that the transaction is conducted correctly.

Typically, the QI charges a flat fee for their services. It is important to select a knowledgeable and experienced QI to handle your exchange properly. Mishandling the transaction or failing to comply with the rules can result in the imposition of capital gains taxes and potential depreciation recapture charges.

Therefore, it is strongly advised to work with a Qualified Intermediary when engaging in a 1031 exchange to ensure a successful and tax-efficient transaction.

General Disclosure

Not an offer to buy, nor a solicitation to sell securities. All investing involves risk of loss of some or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing. Any information provided is for informational purposes only.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.

1031 Risk Disclosure:

The Viability of Using a 1031 Exchange to Pay Off Debt

To make the most of the tax deferral benefits of a 1031 exchange, it's crucial for investors to adhere to several guidelines. One of the key rules pertains to the use of the sale proceeds for paying off debt. While certain types of debt like credit card balances, personal loans, and car loans can't be paid off using 1031 exchange proceeds, some debts can be paid off if the investor follows the 1031 exchange debt restrictions.

It is important for investors to understand these restrictions to ensure that they don't disqualify themselves from taking advantage of the 1031 exchange tax deferral benefits.

How 1031 Exchanges are Affected by Debt: Restrictions and Considerations

When investors use debt to finance their investment properties, it becomes a crucial factor in executing a 1031 exchange. The capital stack of an investment property is composed of debt and equity, where the investor puts in some of their money and finances the remaining balance with a loan.

However, during a 1031 exchange, the investor must reinvest all proceeds from the relinquished property into the replacement property to be eligible for full tax deferral. This raises the question of what happens to the debt on the relinquished property.


According to the "equal or more in value" rule, all cash and debt from the relinquished property must be replaced in the exchange. This means that at a minimum, the investor must exchange into a replacement property of equal value. Additionally, the financing requirement of the replacement property must match or exceed the existing debt on the relinquished property.

While the debt on the relinquished property is paid off with the proceeds from the replacement property, the investor is still in debt as they need to obtain a new mortgage for the replacement property. Furthermore, the new mortgage must be of equal or greater value than the old mortgage to comply with the 1031 exchange debt requirements.

A Few Examples of Paying off Debt with a 1031

A 1031 exchange can be used to pay off debt, but investors must follow strict guidelines to avoid taxable events. Let's take a look at an example to understand how a 1031 exchange debt payoff works.

Suppose an investor has a relinquished property worth $250,000 with a mortgage of $200,000. They want to exchange this property for a replacement property worth $250,000 with a mortgage of $150,000. This transaction creates $50,000 in mortgage boot, which is a taxable gain if not addressed.

To avoid taxable boot, the investor must either clear out the mortgage and take on a new or larger loan or bring cash into the 1031 exchange via a qualified intermediary. If they choose to clear out the mortgage without taking on a new or larger loan, this is known as debt relief, which is the same as receiving cash and creates a taxable event. In the above example, this creates a $50,000 taxable event, which is the difference between the two mortgages.


To fully defer proceeds and avoid taxable events, the overall debt burden in the replacement property must be at least equal to the debt in the relinquished property. This means investors can pay off their original mortgage but will need to take on a new mortgage that is at least equivalent to the old mortgage.

It's important to note that using proceeds from a 1031 exchange to pay off unrelated debt creates a taxable event. Therefore, investors must ensure that they follow the 1031 exchange debt restrictions to avoid unexpected tax liabilities.

Another Example:

Let's say an investor owns a commercial property with a fair market value of $1 million and an outstanding mortgage of $600,000. The investor decides to sell this property and use a 1031 exchange to defer capital gains taxes. They sell the property for $1.2 million, resulting in a capital gain of $600,000.

To avoid paying taxes on this capital gain, the investor must reinvest the entire $1.2 million into a replacement property or properties. The investor decides to use $600,000 of the proceeds to pay off the outstanding mortgage on the relinquished property, and they use the remaining $600,000 to purchase a replacement property.

The replacement property must have a fair market value of $1.2 million or more, and the investor must obtain a new mortgage of at least $600,000 to match or exceed the debt on the relinquished property. If the investor successfully completes the exchange, they will defer the taxes on the $600,000 capital gain from the sale of the original property.

In conclusion, a 1031 exchange can be used to pay off debt, but it requires careful planning and adherence to IRS regulations. Investors must follow the equal or greater value rule and replace all cash and debt in the exchange. If debt relief or mortgage boot occurs, it could result in a taxable gain.

To avoid this, investors should work with a qualified intermediary and take out a new or larger loan to replace the debt. By doing so, they can take advantage of the tax deferral benefits of a 1031 exchange while also reducing their debt burden.

General Disclosure

Not an offer to buy, nor a solicitation to sell securities. All investing involves risk of loss of some or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing. Any information provided is for informational purposes only.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.

1031 Risk Disclosure:

Is a 1031 Exchange Allowed into a Qualified Opportunity Zone?

The '1031 Exchange' or the 'Like-Kind Exchange' is a provision outlined in the 26 U.S. Code § 1031 that has a history dating back almost a century. Initially established as a means for farmers to comprehend land boundaries, the code now serves as a tool for investors to defer capital gains taxes on real estate investments. By permitting the exchange of a property into other like-kind investments, the 1031 Exchange offers a means to defer tax implications.

The Qualified Opportunity Zone Program (QOZP) was introduced as a component of the Tax Cuts and Jobs Act of 2017 with the goal of promoting investment in lower-income communities by offering tax benefits for capital gains generated from asset sales. While both the 1031 Exchange and the QOZP provide tax deferral for asset sales, they differ significantly in their objectives and requirements.

Therefore, it is not possible to utilize the 1031 Exchange to invest in a Qualified Opportunity Zone. This is because the 1031 Exchange requires a like-kind exchange between assets, and exchanging real estate property for a Qualified Opportunity Fund does not fit the definition of like-kind. Furthermore, the significant disparities between the two programs make a direct exchange from one to the other challenging to achieve.

Major Differences

Upon a more in-depth analysis, it becomes clear that there are several significant differences that make exchanging real property for a Qualified Opportunity Fund (QOF) not feasible.

Qls vs. QOFs. One of the key differences is the treatment of gains and forward rolls. In a Qualified Opportunity Zone investment, the investor places their capital gains into the fund, whereas with a 1031 Exchange, the investor must retain their original investment, capital gains, and debt. On the other hand, in a QOZ investment, the investor has the freedom to retain their original basis and use it as they see fit.

These differences highlight the distinct nature of the two programs and why it is not possible to directly exchange real property for a Qualified Opportunity Fund.


Timelines and Deadlines. Another key difference between the two programs lies in the timelines and deadlines involved. Although both programs have deadlines, they are significantly different.

In the case of a 1031 Exchange, the investor has a 45-day window to identify a replacement property and must complete the like-kind exchange within 180 days. On the other hand, a QOZ investor must invest their gains into a Qualified Opportunity Fund within 180 days.

However, if an investor is unable to find an appropriate like-kind property within the 45-day deadline for the 1031 Exchange, they may still invest the capital gains from the asset sale into a Qualified Opportunity Zone as long as they do so within the 180-day window for realizing the gains.

Holding Periods and Step-Ups. Another key aspect to consider is the difference in step-ups and holding periods between the two programs. Qualified Opportunity Zone investments often come with a tax advantage that is tied to a specific timeline.

Specifically, if an investor holds their investment in a Qualified Opportunity Fund for a minimum of 10 years, they will not be taxed on the portion of the property gain generated by the fund. This is because the investor will receive a step-up in basis on the property, effectively increasing it to the fair-market value.

This feature is unique to the Qualified Opportunity Zone Program and highlights the advantages that can be gained through investing in a Qualified Opportunity Fund. The ability to receive a step-up in basis and avoid paying taxes on the portion of the property gain further underscores the difference between the 1031 Exchange and the Qualified Opportunity Zone Program.

Clear Your Investment Path: Understanding Your Target Investment

Both the 1031 Exchange and the Qualified Opportunity Zone Program provide tax-deferral benefits to investors, but they differ greatly in terms of their purposes and requirements. As a result, exchanging real estate property directly into a Qualified Opportunity Fund is not feasible. It would be an unfair comparison to attempt to compare these two distinct investment opportunities.

It's important to note that neither program is inherently better than the other. The most suitable option for an investor will depend on factors such as their portfolio structure, timing, and investment goals. The key is to have a clear understanding of the distinct differences between these programs, so that investors can make informed decisions that align with their investment objectives.

Investing in Qualified Opportunity Zone (QOZ) properties and real estate securities is not without its challenges and hazards. These investments are vulnerable to various risks, including reduced liquidity, empty rental units, fluctuations in market conditions and competition, lack of historical performance, fluctuations in interest rates, the threat of new market entrants causing a decline in rental prices, risks associated with owning and managing commercial and multi-family properties, short-term leases in multi-family properties, financing risks, potential tax implications, general economic uncertainties, development-related risks, extended holding periods, and the possibility of losing all of the invested principal.

General Disclosure

Not an offer to buy, nor a solicitation to sell securities. All investing involves risk of loss of some or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing. Any information provided is for informational purposes only.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.

1031 Risk Disclosure:

Opportunity Zone Disclosures:

Unlock the Door to REIT Investments With a 1031 Exchange

Wondering if you can sell your investment property and invest in a Real Estate Investment Trust (REIT) through a 1031 exchange? The answer is yes, but the process is complex and requires specific steps. Some real estate experts may argue that it's not possible as the nature of real property and REIT investments are different.

However, with a bit of planning and understanding of 1031 exchanges and REITs, it is possible to make the transition. Learn how to navigate the complex path and make your investment property to REIT transition a success.

Understanding the Differences: Real Property vs Securities

When you sell an investment property, you're disposing of a physical asset that the IRS classifies as "real property." The Internal Revenue Code Section 1031 allows investors to exchange these properties for similar assets, or “like kind”, held for investment or business purposes. This can be done to defer capital gains taxes, as long as the proceeds from the sale of the original property are reinvested in one or more similar properties within a specific time frame. This process is commonly known as a 1031 exchange.

A Real Estate Investment Trust (REIT) operates in a different way, however. REITs invest in real estate properties and hold them in a portfolio. Instead of buying the properties themselves, investors buy shares in the REIT. The cash flow generated by REITs comes from dividends, rather than rental income.

Since REITs are considered securities, they cannot be considered "like-kind" assets under the 1031 exchange regulations. That's why it's not possible to directly exchange your investment property for REIT shares. However, there are still ways to complete a 1031 exchange into a REIT, but they require a bit more planning and complexity.


Explore the Option of Transitioning from Property Ownership to REIT Investment through a Delaware Statutory Trust (DST) and UPREIT Conversion.

If you're considering investing in a REIT, one way to do it is through fractional ownership of a DST and subsequent conversion into an Umbrella Partnership Real Estate Investment Trust (UPREIT). Many REITs offer this option, where DST investors can convert their interests into Operating Partnership (OP) units. This conversion is done through a partnership which enables you to defer capital gains taxes, unless you decide to convert your UPREIT OP units into REIT shares later on.

It's important to consider that this type of exchange may have advantages and drawbacks. Potential benefits could include:

●     Offers liquidity opportunities by allowing conversion of UPREIT OP units into REIT shares, albeit with a taxable event

●     Provides diversification options to help balance out economic volatility by creating a portfolio of assets

●     Facilitates efficient estate planning by potentially enabling transfer of UPREIT OP units to heirs with potential elimination of capital gains taxes(unless converted to REIT shares)

An important aspect to keep in mind when considering UPREIT conversion is that it marks the end of the 1031 exchange process. It's not possible to exchange UPREIT OP units back into real property, In order to maintain the deferral of capital gains taxes, your investment must remain in the form of UPREIT OP units.

Understanding the Process

Here's a step-by-step breakdown of the UPREIT process from the perspectives of both the sponsor and the investor:

●     The sponsor typically places an institutional-grade asset, whether from a REIT or a new acquisition, into a newly formed Delaware Statutory Trust (DST).

●     During the syndication period, the DST offers 1031 exchange and other investors a predetermined amount of equity. Investors acquire beneficial interests in the trust and begin earning distributions similar to a standard DST investment.

●     After a hold period of typically two to three years, which satisfies the IRS safe-harbor guidelines for investment properties, the sponsor executes a Section 721 UPREIT on the property held under trust.

●     Investors then exchange their DST beneficial interests for operating partnership (OP) units in an entity that's owned by the REIT.

●     After a predetermined lockout period, investors have the option to redeem their OP units for common stock in the REIT or for cash, subject to the terms laid out by the REIT.

The Final Word:

Exit strategies can be challenging for real property and DST investors. The UPREIT structure provides an opportunity to achieve greater liquidity and diversification of portfolio, but the process can be lengthy and complicated. Additionally, the loss of the ability to defer capital gains tax liabilities through 1031 exchanges may not be worth it for some investors. It's recommended to seek guidance from an expert with knowledge of DSTs, UPREITs and REITs before making a decision to divest real property assets for shares in a REIT.

During syndication, DST provides 1031 exchange investors and others with a set amount of equity. They obtain a beneficial interest in the trust and begin receiving distributions similar to other DST investments. After a few years, the sponsor executes a Section 721 UPREIT on the property, and the investors exchange their DST beneficial interests for OP units owned by the REIT.

General Disclosure

Not an offer to buy, nor a solicitation to sell securities. Information herein is provided for information purposes only and should not be relied upon to make an investment decision. All investing involves risk of loss of some, or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.

1031 Risk Disclosure:

The IRS: 7 Deadly Sins of DSTs

In order to postpone and possibly prevent paying capital gains tax on the sale of other investment real estate holdings, investors frequently turn to DSTs, or Delaware Statutory Trusts. A DST enables investors to use a 1031 exchange into a DST that is actively managed by a qualified third-party, as opposed to a standard 1031 exchange from one wholly-owned property to another. As opposed to owning real estate that needs their active management, this enables the investor to play a more passive, supporting role.

In a diverse portfolio of institutional-grade real estate, investing in a DST may offer investors a fantastic, hassle-free option to generate monthly passive income.

However, DST investments follow the same stringent guidelines as conventional 1031 swaps. The IRS (ruling 2004-86) proposed the "seven deadly sins" of DSTs in order to explain the laws and standards governing DSTs. These regulations set strict parameters on how DSTs must function and restrict the trustees' authority.

Each of the seven deadly sins of DSTs is described in detail in this article.

  1. After a DST offering closes, neither current nor new investors are allowed to contribute funds to the DST in the future.

In contrast to other real estate syndications or funds, a DST offering that has closed may not issue capital calls or ask for additional contributions from investors. For this reason, investing in a DST entitles you to a pro rata portion of property ownership based on the amount of your initial investment. Any further investments might alter ownership proportions, which consequently might reduce someone's ownership part. There are no more contributions accepted after the DST offering closes since doing so might affect investors' claims to the DST assets.

  1. The Trustee of a DST is not permitted to take out additional loans or modify the conditions of current loans.

The sponsor of a DST is obligated by law to declare the loan amounts connected with the assets held in that DST prior to accepting investments. This enables potential investors to assess a portfolio's debt-to-income ratio as part of their due diligence process since the kind, interest rate, and terms of debt can affect investment returns. This choice precludes the sponsor from taking on additional debt or refinancing into a new mortgage that may otherwise affect the beneficiaries' interest because DST investors have very little control over investing decisions.

However, there is an exception to this rule. In the event of a tenant's bankruptcy or insolvency, the DST sponsor may be allowed to renegotiate loan conditions or take on extra debt, but only after extensive paperwork and scrutiny.

  1. A DST is unable to reinvest the money it receives from selling its real estate.

The IRS forbids a sponsor from reinvesting the earnings from the sale of the DST into new investment property, unlike real estate investment trusts, or REITs. Instead, the numerous DST beneficiaries must get a portion of the sale revenues. The DST's investors can then take their portion of the sales profits and either cash out completely or roll the winnings into another DST (via a new offering with the same sponsor or a different sponsor altogether). The capital gains of those who choose the latter will be liable to both state and federal taxes at that time.

  1. The DST sponsor's ability to make capital upgrades is restricted, with the exception of those related to (a) routine repair and maintenance; (b) small, non-structural capital improvements; and (c) those mandated by law.

Any DST sponsor's ability to make enhancements is subject to IRS restrictions. The justification is that historically, certain sponsors have chosen to engage in enhancements that ultimately jeopardize the investment of the beneficiaries. This clause aims to safeguard investors from regrettable capital upgrades.

  1. The DST may only reinvest cash reserves retained between distribution dates in short-term debt obligations.

The majority of DSTs have sizeable cash reserves on hand since DST sponsors are unable to acquire further funds or incur new debt once the offering closes. If necessary, these cash reserves might be used to fund more investments. However, the IRS only permits DST sponsors to invest cash in short-term loan commitments that can be quickly liquidated prior to the DST's next distribution date in order to prevent the use of cash in a speculative manner (such, for example, the above-mentioned fruitless capital improvements) (and therefore, is considered a cash equivalent).

One benefit of this clause is that it enables the DST sponsor to quickly implement strategic capital enhancements that raise the DST's value without jeopardizing the beneficiaries' investment.

  1. Co-investors must receive monthly distributions of all funds, minus any necessary reserves.

Only "required" reserves can be kept on hand by a DST to pay for property management, urgent maintenance, repairs, and other unforeseen costs. If not, all cash earnings and sales proceeds from DST property must be distributed to investors on the dates agreed upon. This "deadly sin" aims to stop sponsor theft of funds and ensures that the DST beneficiaries consistently receive their rewards.

  1. After the offering has ended, the DST sponsor is not permitted to renegotiate current leases or sign new ones.

The IRS forbids the sponsor from signing new leases or revising existing leases once a DST has ended. This is due to the fact that lease terms may significantly affect income and, consequently, investors' returns.

Using a Master Lease structure is one way for DSTs to "get around" this clause, if you will. The DST rents real estate to a "master tenant" under a master lease, who is then free to sign new leases or renegotiate existing ones with sub-lessors. The master lease offers some predictability to DST investors while giving the master tenant some latitude to modify leases for the property's advantage. This guarantees that the sponsor won't make dangerous leasing choices and places the onus on the master tenant to uphold the terms of the master lease.

In the event that a tenant files for bankruptcy or becomes insolvent, the sponsor may engage into a new lease or renegotiate the terms of the existing lease for that tenant.


DSTs could appear to be too controlled at first glance. The seven deadly sins of DSTs were merely implemented to safeguard investors, in actuality. Both the sponsor and the investors must strictly abide with these regulations. As a result, before investing in a DST, investors will want to thoroughly investigate any sponsor. Look for sponsors in particular who have the confidence to discuss the seven deadly sins of DSTs. It will be a good indication of the sponsor's expertise and aptitude if they can explain the nuances of these regulations.

Call us right away if you need assistance with a 1031 exchange. Investing your capital gains into a DST is a procedure that our staff would be pleased to help you through. Investors will discover that doing so is a terrific strategy to postpone paying capital gains tax while also switching from active to passive, diversified real estate investing.

General Information

This is neither a buy-side nor a sell-side solicitation of securities. The material presented here is purely for informational purposes and shouldn't be used to guide financial decisions. Every investment has the chance of losing some or all of the money. Future outcomes cannot be predicted based on past performance. Prior to investing, consult a financial or tax expert.

1031 Risk Disclosure:

* There is no assurance that any strategy will be effective or achieve investment goals; * Property value loss is a possibility for all real estate investments over the course of ownership; * Tax status may change depending on the income stream and depreciation schedule for any investment property. All funded real estate investments have the risk of going into foreclosure; adverse tax rulings may prevent capital gains from being deferred and result in immediate tax liability;
1031 exchanges are illiquid assets since they are frequently issued through private placement offerings. There is no secondary market for these investments. * Reduction or Elimination of Monthly Cash Flow Distributions - Similar to any real estate investment, the possibility of suspension of cash flow distributions exists in the event that a property unexpectedly loses tenants or suffers significant damage; * The impact of fees and expenses - The costs of the transaction could have an influence on investors' returns and even surpass the tax advantages.

Understanding a "Like-Kind" Exchange's Holding Period

Every investor must adhere to rigorous deadlines in order to effectively conduct a 1031 exchange. However, investors frequently inquire as to whether a property must be held for a specific period of time in order to be eligible for an exchange. Although the IRS hasn't stated a holding time specifically, a few factors could shed light on the matter.

During the 1031 Holding Period

How long an investor keeps a piece of property is known as the holding period. IRC Section 1031 does not specify the length of the holding period, as was previously indicated. Instead, it depends on the investor's goals.

No gain or loss shall be recognized on the exchange of property held for productive use in a business, according to the IRS.

"Even though properties vary in grade or quality, they are still of the same sort if they have the same nature or character.

Whether they are renovated or unimproved, real estate properties are often of a like kind. An apartment building would often be similar to another apartment building, for instance. However, real estate within the United States is not comparable to real estate outside.


Recognizing Intent

The goal of Section 1031 is to make it possible for investors who have owned their property for a long time, particularly those who did so for income-producing purposes, to exchange it for another property that would serve the same function.

Since not all real estate is owned for the same purpose, not all of it is eligible. A primary residence is the most frequent case that should be considered. A primary residence does not qualify for an exchange since it is not "kept for productive use in a trade or industry or for investment." On the other hand, because they are held as investments, residential complexes, office and medical buildings, shopping malls, and single-tenant assets typically qualify.

In order to achieve a 1031 exchange, developers must overcome additional obstacles. Purchasing land, constructing a property, and then selling it for a profit frequently disqualifies a transaction from a 1031 exchange since a property must be held for investment purposes. In this case, the property was held for profit-making purposes rather than as an investment.

If investors are unsure whether the property will satisfy Section 1031, they should think about holding it for at least one year, if not two.

Even while the IRS has never explicitly said that there must be a minimum hold period, there have been instances where the IRS refused to allow an exchange because the owner's intent was ambiguous.

Investors who are unsure of their eligibility may choose to follow the two-year advice in general. However, as always, consult with a tax expert to receive their opinion on your specific case. The IRS referred to the two-year holding term in Private Letter Ruling 8429039 from 1984. The letter was written in response to a request for an exchange from an investor who wished to sell his property. Until 1981, the subject property served as the investor's primary residence. The investor leased out the property in 1983. The IRS granted the investor's request for a 1031 exchange in 1984, noting that keeping rental property for at least two years satisfies the holding period test required by Section 1031. But since a private letter ruling only applies to this specific instance, it may only be regarded as a general recommendation for 1031 exchanges.

The one-year holding consideration, on the other hand, was first proposed by Congress in 1989 as a requirement for a property to be eligible for a 1031 exchange. However, because this suggestion was never included in the Tax Code, it is not necessary. Instead, in order to determine whether a property would be eligible under Section 1031, tax professionals have referred to this idea.

The fact that the investment will appear on one's taxes as an investment property for two filing years if it is held for at least a year is another factor for the one-year holding period.

Nevertheless, these factors are but that—factors. In the past, the IRS has made choices on like-kind exchanges that do not support these ideas. For instance, in the case Allegheny County Auto Mart v. C.I.R. from 1953, the court allowed an investor to complete a 1031 exchange even though they had only owned the property for five days. However, in other cases, like Klarkowski v. Commissioner from 1967, an investor was still ineligible even after six years of ownership.

Is a vacation home acceptable?

Those who own property as a vacation home can often sell it and buy a new property via a 1031 exchange, however this is typically how commercial investors talk about 1031 exchanges. The vacation home must, however, have tenants, and it must be managed like a company. In addition, if the vacation home is purchased as the replacement property, the investment-related use of the property must continue. The property can usually not be turned into a primary residence within five years of the exchange.


Additional 1031 Exchange Timelines That Are Important

Investors must be aware of and abide by the deadlines specified in Section 1031 in order to be eligible for a like-kind exchange.

There is no time limit on how long an investor has to sell an asset after it is put on the market. They can market it for one day or five years and sell it on or off the open market. In reality, they have the option to list the asset before deciding otherwise. Any gains are unrealized until the property is sold. A timetable doesn't begin until the property actually closes, and the investor may be liable for paying taxes on the realized gains.

An investor has 45 days to choose their replacement property and 180 days to close after the initial property, or surrendered property, closes. The 180-day period begins on the same day as the property's closure. With very few exceptions, every exchange that doesn't take place by these dates has all gains subject to taxation.

Speak with a Professional You Can Trust

Speaking with a trained professional is highly advised for anyone considering selling their real estate and buying a new property via a 1031 exchange. Many 1031 swaps have distinct looks. In addition to providing insight on the potential exchange, 1031 experts can lead investors to other 1031 exchange investment opportunities that might otherwise go unnoticed.

General Disclosure

Not an offer to buy, nor a solicitation to sell securities. Information herein is provided for information purposes only, and should not be relied upon to make an investment decision. All investing involves risk of loss of some or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.

1031 Risk Disclosure:

The Benefits of DSTs for Real Estate Investors

What exactly is a DST (Delaware Statutory Trust)?

For authorized investors who want to make fractional real estate investments, a Delaware Statutory Trust, or DST, is a frequently used structure.

The main benefit of investing in a DST is that it qualifies for a 1031 Exchange, which enables investors who are selling a property to postpone paying capital gains tax by putting the profits into a DST, which the IRS has determined is an investment of "like kind."

National real estate corporations typically "sponsor," or bring to market and make available to accredited investors, DST offers. These offerings can be made available through third-party securities broker-dealers. The property(ies) to be offered under the trust are purchased by DST sponsors.

The DST support will do an expected level of effort on the property, at times secure long haul obligation that is non-response to financial backers, and organizes all lawful desk work to guarantee that the trust meets all requirements for 1031 trade purposes. The DST support will then make the asset(s) accessible to certify financial backers on a partial proprietorship premise, and will gather a charge for organizing, directing, and dealing with the speculation in the interest of financial backers.

The Historical backdrop of DSTs

In the mid 2000s, a portion of the country's biggest land supports and their lawyers pushed the IRS to lay out rules that would permit Spasms, or "occupant in like manner" land (a co-possession structure depicted in more detail beneath) to fit the bill for 1031 exchanges. Thus, interest in Spasms soar. Before long, financial backers were gone up against with a portion of the difficulties introduced by Spasms, for example, requiring consistent agree among financial backers to pursue particular kinds of choices connected with the property.

Around this equivalent time, the idea of financial planning through a DST built up some decent momentum. DSTs gave more adaptability than Spasms and tended to a portion of financial backers' interests especially around the consistent assent arrangements.

It was nothing unexpected, then, that financial backers and supporters encouraged the IRS to take on comparative 1031 trade rules for DSTs. Accordingly, in 2004, the IRS gave Income Deciding 2004-86 that permitted the utilization of the DST construction to get land where the useful interests of the trust would be treated as immediate interests in trade property for the reasons for a 1031 trade. This was proclaimed as a significant triumph for the partnered land industry.

The two Spasms and DSTs were broadly spent until the Incomparable Downturn in 2008. At the point when land values plunged, so did their notoriety. Spasms were influenced more than DSTs. Scarcely any singular financial backers needed to assume on the liability of co-claiming submerged land with so many others. Basically with DSTs, individual financial backers were not obligated for any advance reimbursement - the DST support was. As the economy improved, interest in land partnership got back. Today, DSTs are many times considered the favored strategy for partial land proprietorship given the intricacies related with Spasms.

The Contrast Among Spasms and DSTs


For long-term land financial backers, DSTs are a somewhat new idea. Most long-term financial backers are rather acquainted with Spasms, or occupant in like manner land speculations. The two Spasms and DSTs permit individuals to put partially in land. Both can be utilized related to 1031 exchanges. All things considered, it is no big surprise certain individuals befuddle Spasms and DSTs. Notwithstanding, there are a few critical contrasts between the two.

An essential distinction has to do with the degree of contribution of financial backers. The co-proprietors of a Spasm are normally more engaged with the everyday administration of the land, including property the executives. DSTs are genuinely latent interests in which the support regulates the arrangement for financial backers' sake.

One reason the executives of Spasms can be so unwieldy is that choices require consistent assent of co-proprietors on any significant choices. As a matter of fact, this is one of the moves that prompted the production of DSTs. The consistent assent expected by Spasms was a side road for some financial backers and made difficulties for some who had previously put resources into Spasms.

One more distinction among Spasms and DSTs is the manner by which they hold title to the property. Spasm co-proprietors each hold a fragmentary portion of the title to the property. Alternately, the DST holds genuine title to the land resource - individual financial backers don't. This has suggestions in accordance with funding. At the point when obligation is utilized to fund the property, either securing or enhancements, the singular co-proprietors of a Spasm subsequently convey risk for that obligation. This additionally implies that banks need to endorse every borrower exclusively, which can demonstrate oppressive for most loan specialists and accordingly, can make land held in Spasms hard to back. DST financial backers don't convey obligation straightforwardly, since the resource is held solely by the DST for the financial backers' sake in a trust structure.

Spasms and DSTs additionally contrast as far as the quantity of financial backers permitted to partake. Spasms are restricted to 35 financial backers (or "co-proprietors") versus DSTs which are covered at 499 individual financial backers.

At last, in light of the fact that DSTs consider more financial backers to take part, the base speculation is by and large lower than what is expected by Spasms. Numerous Spasms expect basically a $500,000 venture versus a DST which typically permit speculations as low as $100,000 (or once in a while less).

How do Financial backers Utilize DSTs?

There are two different ways a financial backer can exploit the advantages DSTs offer. The first, and most well known way, is to contribute utilizing 1031-trade reserves. The other choice is an immediate money interest into a DST.

o Reinvest 100 percent of net deals continues, otherwise called value, into the substitution property;
o Get an equivalent or more noteworthy measure of obligation on the substitution property;
o Recognize potential substitution property(s) in the span of 45 days of offer; and
o Close on the substitution property(s) in something like 180 days of the deal.
Meeting these rules can be troublesome, especially in the present cutthroat housing market.

DSTs offer an option in contrast to "entire property" 1031 exchanges.

All things considered, financial backers can move the returns of the offer of their property into a DST. The financial backer will then, at that point, hold relatively partial possession in the property (or properties) claimed by the DST. DSTs are now settled ("pre-bundled," maybe) and prepared to acknowledge financial backers, which permits somebody offering their property to move rapidly as per the IRS' 1031 trade rules by and large. All reasonable level of investment on the land is as of now complete. Besides, the returns from the offer of the financial backers' property will fit the bill for similar capital increases charge deferral, under current regulation, as though they had contributed through an entire property 1031 trade.

In some cases, financial backers will consolidate systems by putting resources into both entire property and a DST. This is many times the situation when a financial backer tracks down a reasonable substitution property (or properties) yet has overabundance cash staying from the offer of their other resource. The financial backer can take the leftover deals continues and put that capital into a DST to make use advantage, under current regulation, of the 1031 trade benefits.


Expected Advantages to Putting resources into DSTs

There are numerous expected advantages to putting resources into a DST, a few of which are framed beneath:

Instead, the sponsor is only the lenders. Real estate held in DST is also easy to invest because the lender guarantees only the sponsor, usually a large company with a good reputation with a track record, not just anyone. invested, as in TIC.

- Access to industry-grade assets: Direct investors in real estate often have limited access to assets of the same caliber simply because of the costs and expenses associated with investing in real estate. Those looking to invest at the corporate level can do so by investing through DST given its minority ownership principle. Through DST, an individual investor can hold a small share of a high-quality asset that would have a high barrier to entry. - Diversification: There are many DST real estate investments available to investors from different DST sponsors, including multi-family, security, corporate and NNN rentals. And not only can you invest in one type of DST, like many families, but you can do it in many different regions of the country, so that even if one region of the country will - there is a breakdown in its area. economy, there are greater opportunities than elsewhere, or at least those opportunities are reduced by various changes. Conclusion
As you can see, there are many reasons for an investor to consider investing in real estate through DST. The DST model offers great flexibility, opportunity and investment diversity for those looking to take advantage of the benefits associated with a traditional 1031 exchange. Additionally, investors can close DST investments quickly – often within days. So whether you're a seasoned investor looking to put your money to work for the first time, or someone with a deadline to cash out from a 1031 sale, investing in a DST can be a great option.

General Disclosure

Not an offer to buy, nor a solicitation to sell securities. Information herein is provided for information purposes only, and should not be relied upon to make an investment decision. All investing involves risk of loss of some or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.

1031 Risk Disclosure: