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1031 Exchange

1031 Exchange

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01Understanding a 1031 Exchange

A 1031 exchange allows you to sell an investment property and reinvest the proceeds into another similar property, deferring capital gains tax.

  • You can't directly receive the sale proceeds; they must be held by a third-party escrow account, known as a qualified intermediary.

  • The exchanged properties must be considered like-kind by the IRS to defer capital gains taxes.

  • There's no limit to how often you can use a 1031 exchange to build wealth tax-free.

Key Timelines & Rules

  • 45 Day Rule:

    After the sale, the qualified intermediary holds the cash. You have 45 days to identify a replacement property of equal or greater value, or you'll incur taxes.

  • 180 Day Rule:

    You must close on the replacement property within 180 days of selling the original property.

  • 3 Property Rule:

    Identify up to three properties, provided their combined value is equal to or greater than the property sold.

  • 200% Rule:

    Identify more than three properties if their total value doesn't exceed 200% of the sold property's value.

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02Simplifying Your Exchange with a DST

A Delaware Statutory Trust (DST) is a legal entity under Delaware law, allowing owners to hold beneficial interests for federal tax purposes. According to IRS Revenue Ruling 2004-86, a DST can be used in 1031 exchanges, treating beneficial interests as direct interests in the replacement property.

Why a DELAWARE STATUTORY TRUST is a Simpler Exchange?

Have a streamlined 1031 Echange?
Restructive your estate planning in a way that better suits your heirs?
Make sure you never owe taxes on debt or cash boot in your Exchange?
Have a replacement property line up before you close on your down leg?
Gain more diversification?
Buy higher quality real estate?
Retire from being a landlord?
Get a new depreciation schedule?
No worries about constantly changing policies (rent control, split roll, covid 19, etc)
Replace debt in your Exchange without going to the bank?
Save a failing Exchange?
Relocate your investments to othe states with growth potential?
03Building and Preserving Wealth

Use a DST to build generational wealth by reinvesting and deferring taxes until you pass away.

  • Federal Capital Gains Tax

  • State Capital Gains Tax

  • Depreciation Recapture Tax

  • Net Investment Tax

Upon death, your heirs receive a step-up in cost basis, eliminating taxes.

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Simplified Estate Planning

A DST provides a clear estate planning strategy, enabling you to pass down real estate wealth to your family.

Your heirs inherit professionally managed passive real estate instead of actively managed rentals.

  • Example: Your heirs might be in school, live out of state, or not interested in managing real estate.

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04The DST: A Comprehensive Solution

Retirement/Exit Strategy for Landlords:

  • Access to professionally managed, institutional real estate.

  • Generate passive income.

  • Build generational wealth.

  • Heirs receive a step-up in cost basis, eliminating taxes.

Backup Option:

  • Identify a DST within the 45-day window if a traditional 1031 exchange falls through.

  • Save taxes if a deal falls apart near the end of the 45-day period.

Managing Leftover Equity

  • Reinvest any leftover equity from a property sale that can't be replaced at equal or greater value into a DST to save taxes.

  • Example: Sell a property for $1M, identify an $800K replacement property, and invest the remaining $200K in a DST to meet the 1031 rule. Maintain both passive and active investment roles.

Debt Replacement with DSTs

  • DSTs come with non-recourse institutional financing, replacing your debt obligation in a 1031 exchange.

  • Sell and complete a 1031 exchange without needing to qualify for a loan or take on a higher interest rate.

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