Alternative Investment Funds for Cash Investors

Investors today face a difficult market. Interest rates at conventional banks are extremely low. The stock market trades at record highs one day before falling the next as a result of persistent volatility. Understandably, some investors become anxious as the stock market swings back and forth. So what are some alternative investment options for cash investors?

The question of where to turn next arises for cash investors trying to diversify their holdings. Unsure of what to do, some people choose to take no action. According to some estimates, $14 trillion is currently lying in money market accounts earning next to nothing. Better options must exist, and they do.

This article examines macroeconomic investing trends as well as some of the various investment options available to people looking to diversify their portfolios using real estate.

Trends in the Market Today

The average return on high-yield bonds was just 3.32 percent between 2011 and 2020. (source: Morningstar Direct, Standard & Poors, Yahoo Finance, Federal Reserve Economic Data). In comparison to investment grade bonds, Treasury bonds, and Treasury bills, which generated average returns of 1.42%, 0.92%, and 0.09%, respectively, during this period, high-yield bonds are typically seen as one of the "better" investments. In conclusion, even the bonds with the best performance over the past ten years hardly kept up with inflation.

By making stock market investments, investors haven't done any better. Over the previous 20 years, the average yearly fall in stocks was 16%. (source: Morningstar Direct, S&P 500 maximum drawdowns by year).

Typically, 60% of an investing portfolio is made up of stocks and 40% of bonds. Therefore, it seems sense that investors would want to diversify their holdings. One method to achieve this is by making institutional-quality real estate investments.

Various Investments

An alternative is to put money into a syndicate or fund for commercial real estate. For instance, Delaware Statutory Trusts permit accredited individuals to invest alongside many others in institutional-quality real estate. As a result, the entry barrier is lowered and direct ownership is made possible, with an experienced third-party sponsor managing and supervising the property in all other respects.

Investments in funds, syndications, and DSTs, however, are frequently illiquid. Depending on the planned business plan and hold time, this may require an investor to commit their funds for a period of three to seven years or longer. If they are interested in adding real estate to their portfolios, those who want to preserve additional liquidity opportunities have a few different options.

Periodic Funds

A type of closed-end fund known as an interval fund provides investors with liquidity at predetermined intervals, usually quarterly, semi-annually, or yearly. This implies that shareholders may periodically sell a portion of their shares at a price determined by the net asset value of the fund. Investors may not always be able to sell their shares during a specific redemption period. As a result, interval funds should normally be viewed as long-term investments; yet, they will typically charge a premium for illiquidity.

Real estate is just one of the various assets and asset classes that may be purchased with interval funds. A single interval fund is not constrained to investing in a single asset class; rather, they can do so to diversify their holdings by purchasing a variety of assets.

Trusts that invest in real estate

Real estate investment trusts, or REITs, are businesses that hold and/or manage commercial real estate that generates income. REITs come in a variety of forms. The majority will concentrate on a certain product category (such as retail, hospitality, multifamily housing, senior living facilities, student housing, office, self-storage, industrial, and similar) or geographic area (e.g., commercial real estate in the Northeast vs. Southwest).

A person purchases a share in a REIT when they want to invest in a business that owns and operates rental properties. Shares of publicly traded REITs can be bought and sold just like other equities, even on a daily basis, giving investors a lot of liquidity.

REITs frequently have precise investing criteria. They then make investments in properties that fit such criteria. REITs are obligated by law to distribute 90% of their income as dividends to shareholders.


Funds for Other Income

Investment funds come in dozens, if not hundreds or thousands, of distinct varieties. These include hedge funds, money market funds, mutual funds, bond funds, and equity funds. Through one of these kinds of funds, many investors have started making real estate investments.

A specific type of funds known as a real estate income fund is dedicated solely to real estate investments that provide income. Those wishing to invest cash in sizable commercial real estate portfolios have another entry point in real estate income funds. Retail investors who want to acquire institutional-quality real estate that is otherwise out of their price range find real estate income funds particularly intriguing. A real estate income fund pools money from numerous investors, and its sponsor then manages every aspect of the fund's operations, from due diligence and underwriting to property repairs, stabilization, continuous management, and ultimately sale. A real estate income fund may have various investment minimums and lengthy hold periods depending on its structure; as a result, the invested capital should be regarded as illiquid throughout that hold period.

Examples of Funds Perch Wealth Offers

Perch Wealth offers a number of vehicles for cash investors wishing to diversify their portfolios away from conventional stocks, bonds, and shares. While it is well recognized for its DST services. Here is a list of some of the income funds that Perch Wealth currently offers:

Essential Income Fund for ExchangeRight

A REIT with 254 recognized single-tenant, net-leased properties spread throughout 196 markets and 29 states is called the ExchangeRight Essential Income Fund. Investment-grade and generally recession-resistant tenants like Dollar General, Family Dollar, Walgreens, CVS Pharmacy, Tractor Supply, Hobby Lobby, and Walmart Neighborhood Market were the focus of this $531 million deal. The nature of these enterprises has historically placed them particularly positioned to weather economic uncertainties and periods of economic slump, as seen during the Great Recession and again during the COVID-19 epidemic. Although retail has usually struggled in recent years, Additionally, the portfolio aims to safeguard against inflation by offering the possibility of increasing cash flow distributions supported by long-term leases that guarantee portfolio rent increases during both the primary and option lease periods.

If funds are available, this REIT will make 100% tax-deferred distributions on a monthly basis. This is a great choice for cash investors wishing to add real estate to their portfolios while still maintaining liquidity because the investment requirement is only $25,000.

Trust for VineBrook Homes

The increased demand for single-family rental (SFR) housing is something that VineBrook Homes Trust (VHT) hopes to take advantage of. The fund aims to make investments in workforce housing with modest rents. This tactic depicts how slowly entry-level new homes are built. Less than 9% of newly built homes are currently priced at $200,000 or less. Due to this, many people now have little alternative but to rent as home ownership grows more and more out of reach. From 4,200 units in Q4 2018 to nearly 13,700 SFR homes in Q1 2021, VHT has increased the number of SFRs in its portfolio. The ownership team uses a value-add strategy to upgrade the properties' condition, luring renters prepared to pay top dollar to them. The portfolio has a stabilized occupancy rate of 98.7% and an average rent of $1,044 per house with a typical size of 1,320 square feet.

This REIT is a partnership between NexPoint, which has a multibillion dollar investment platform and extensive value-add knowledge, and VineBrook, whose operators have been managing SFRs since 2007.

VHT is a $1 billion offering with a $50,000 minimum investment for accredited investors. If funds are available, accrued dividends are expected to be made on a monthly or quarterly basis and will be tax-deferred with growth potential. For those looking to invest in a real estate product type that is in high demand, VHT may be a great choice.

Preferred Shares of Bluerock

Investors seeking to invest largely in institutional-quality Class A apartment buildings might think about buying Bluerock Series T Redeemable Preferred Stock. These are shares of the publicly traded Bluerock Residential Growth (BRG) REIT, which owns a variety of extraordinarily high-quality live-work-play apartment communities in some of the top growth markets in the country.

With a low $5,000 investment requirement, Bluerock Preferred Stocks are being offered for as little as $25 per share. If funds are available, the REIT is expected to pay dividends every month.

These redeemable preferred shares offer investors liquidity right now because BRG is a NYSE-listed REIT.

Trust for Cantor Fitzgerald Income

A publicly listed, non-traded REIT, Cantor Fitzgerald Income Trust (CF Income Trust), invests at least 80% of its funds in multifamily, office, industrial, and other income-producing commercial real estate facilities, as well as stabilized, currently income-producing real estate debt (first mortgages, subordinate mortgages and mezzanine capital).

The company concentrates on making investments in long-term, net leased properties in order to minimize ongoing capital expenditures for properties, which are covered by the tenant under the net lease structure and to protect against market cycle volatility. These leases also include rent increases in an effort to further shield the fund from possible inflation.

Additionally, the industrial buildings in the portfolio are well-positioned to profit from the rising need for facilities for e-commerce and logistics. Compared to other real estate product categories, the multifamily portfolio of the fund has strong, risk-adjusted return potential and minimal historical volatility.

The 20% of funds set aside to judiciously purchase and retain securities related to real estate to support the fund's overall investment goals further balances the diversity of CRE assets held by CF Income Trust.

The CF Income Fund has a $2,500 minimum investment requirement for Class D, Class S, or Class T shares. Class I shares demand a larger minimum investment of $1,000,000 per share. If funds are available, the fund anticipates paying distributions to investors each month. Investors looking to invest in a variety of CRE product types, including both debt and equity, will find the CF Income Trust appealing.

Are you prepared to think about investment possibilities that aim to offer higher, more reliable returns on your money? If this is the case, it may be time to think about investing in a high-yield real estate fund. Call us right away. In order to establish which mix of investments would be ideal for you depending on your unique investing objectives, we would be pleased to explore the choices with you.

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 Importance of a QI in Your 1031 Exchange

A qualified intermediary (QI) is required for all 1031 exchanges. Given the importance of the QI in an exchange, it is imperative for real estate investors to identify one they can trust and rely on. Achieving this, however, can be difficult – how does an investor know whether a particular QI is credible? Here is a brief tutorial on how to select a reputable QI for a 1031 exchange.

What is a QI?

A QI, also known as an accommodator, is an individual or entity that facilitates a 1031, or like-kind, exchange as outlined in Internal Revenue Code (IRC) Section 1031. The role of a QI is defined in the Federal Code as follows:

A qualified intermediary is a person who -

(A) Is not the taxpayer or a disqualified person, and

(B) Enters into a written agreement with the taxpayer (the “exchange agreement”) and, as required by the exchange agreement, acquires the relinquished property from the taxpayer, transfers the relinquished property, acquires the replacement property, and transfers the replacement property to the taxpayer. (26 CFR § 1.1031(k)-1)

An individual does not need to meet any eligibility requirements or acquire a license or certificate to become a QI. However, the Internal Revenue Service (IRS) does stipulate that anyone who is related to the exchanger or has had a financial relationship with the exchanger – such as an employee, an attorney, an accountant, an investment banker or broker, or a real estate agent or broker – within the two years prior to the sale of the relinquished property is disqualified from acting as the exchanger’s QI.

Why is having a QI important in a 1031 Exchange?

Every 1031 exchanger must identify a QI and enter into a written contract prior to closing on the relinquished property. Once selected, the QI has three primary responsibilities: prepare exchange documents, exchange the properties, and hold and release the exchange funds.

Preparing Exchange Documents

Throughout the exchange, the QI prepares and maintains all relevant documentation, including escrow instructions for all parties involved in the transaction.


Exchanging Properties

A 1031 exchange requires the QI to acquire the relinquished property from the exchanger, transfer the relinquished property to the buyer, acquire the replacement property from the seller, and transfer the replacement property to the exchanger. Although the QI also transfers the title, the QI does not actually have to be part of the title chain. 

Holding and Releasing Exchange Funds

For an exchanger to defer capital gains, all proceeds from the sale of the relinquished property must be held with the QI; any proceeds held by the exchanger are taxable. Therefore, the QI must take control of the proceeds from the sale of the relinquished property and place them in a separate account, where they are held until the purchase of the replacement property.

Exchangers must meet two key deadlines for the exchange to be valid. The first comes at the end of the identification period. Within 45 calendar days of the transfer of the relinquished property, the exchanger must identify the replacement property to be acquired. The second comes at the end of the exchange period. The exchanger must receive the replacement property within 180 calendar days of the transfer of the relinquished property. These deadlines are strict and cannot be extended even if the 45th or 180th day falls on a Saturday, Sunday, or legal holiday.

What should investors consider when choosing a QI?

Since a QI is not required to have a license, investors should conduct due diligence to ensure they select an individual who can properly manage the 1031 exchange. Unfortunately, the IRS does not excuse any errors committed by a QI, and, as a result, investors may be required to pay taxes on the exchange due to these mistakes. Here are a few things investors should consider when selecting a QI.

State Regulations

While the federal government does not regulate QIs, some states have enacted legislation that does. For example, California, Colorado, Connecticut, Idaho, Maine, Nevada, Oregon, Virginia, and Washington have all passed laws overseeing the industry. Many of these states have requirements for licensing and registration, separate escrow accounts, fidelity or surety bond amounts, and error-and-omission insurance policy amounts.

Federation of Exchange Accommodators

The Federation of Exchange Accommodators (FEA) is a national trade association that represents professionals who conduct like-kind exchanges under IRC Section1031. The FEA’s mission is to support, preserve, and advance 1031 exchanges and the QI industry. Association members are required to abide by the FEA’s Code of Ethics and Conduct.

In addition, the FEA offers a program that confers the designation of Certified Exchange Specialist® (CES) upon individuals who meet specific work-experience criteria and pass an examination on 1031 exchange laws and procedures. Holders of this certificate must pass the CES exam and meet continuing education requirements. The “designation demonstrates to taxpayers considering a 1031 exchange that the professional they have chosen possesses a certain level of experience and knowledge.”

Knowledge and Experience

As mentioned, a QI’s mistake in a 1031 exchange can result in a taxable transaction. Investors who are in the process of selecting an accommodator should review each individual’s qualifications – including knowledge and experience in the industry – before making a final decision. Investors should inquire whether the individual is full- or part-time; how many transactions and how much in value the individual has facilitated. Additionally, it is important to know whether the individual has any failed transactions and, if so, why.

Knowledge about 1031 exchanges is critical. Not only should potential QIs know the basics, but they should understand the ins and outs of the 1031 exchange process. For example, QIs should know what qualifies as a like-kind property. Likewise, they should know about Delaware Statutory Trusts (DSTs), one of the most commonly overlooked alternative 1031 exchange solutions. Unfortunately, many QIs are not familiar with DSTs. Finding a knowledgeable and experienced QI is crucial for investors who want to successfully defer capital gains while continuing to meet their overall financial objectives.


How should an investor go about selecting a QI?

To find a QI in good standing, investors should seek referrals. Word of mouth can be a great way to find a credible QI. Investors can ask for a referral from a certified public accountant (CPA) with 1031 exchange experience, a real estate attorney, a reputable title company, or even the other party in the exchange.

When vetting a potential QI, investors need to ask questions that will reveal the individual’s depth of knowledge and experience – beyond just the basics. For instance, the FAE requires potential QIs to work full-time for at least three years before they can even sit for the CES exam. Three years is a good baseline to start from when judging a QI’s experience; five to 10 years is a solid amount.

Finding a QI is one of the most critical parts of a 1031 exchange, as the transaction cannot be completed without one. Investors must ensure that their QI is experienced and thoroughly understands the various tax codes involved. Investors also need to ensure that the QI has not been financially connected to them within the past two years and is not a relative, employee, or agent. The IRS does not take these factors lightly; failure to comply with what is presented here may lead to hefty penalty fees – or the IRS may prohibit the exchange from occurring altogether.

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: