Do you want to learn how to be wealthy? Then you need to learn the tax game and how to save. There are lots of ways to do this. We are able to use 1031 exchanges, cost seg, DSTs, etc. But which one is best for you and your circumstances? That is a question that your real estate tax professional will have to answer for you. But I want to share what I have learned in regard to the DST strategy and how it can help you. By the way, I am not a tax professional and do not heed my advice without speaking with your licensed professional first.
First, what is a 1031 exchange
A 1031 is a swap of one investment property for another that allows capital gains taxes to be deferred. Which means when you sell the asset that you bought using the 1031, you will need to pay capital gains tax for the entire amount of tax that you deferred. If you have been deferring that tax for multiple deals over many years, that can add up to be a lot. But if you keep on deferring that money through a 1031 exchange until you die, then the tax is nullified. If you decide to use a 1031 exchange, you need to be sure to use a 1031 expert. This is important because if you touch that money for a moment, then that money is subject to taxes.
1031 Flaw
There are a few trials when it comes to using a 1031 exchange. The biggest one is the time commitment. Once you sell your first asset, you have 45 days to identify 3 potential deals that you want to move that money into. Let's say you meet that requirement, then you have 180 days to close on one of those deals. If for whatever reason you miss those time lines, even by 1 day, all that income will be taxed. Investors are concerned if the 1031 exchange will still be around in the near future since our current government is trying to do away with the 1031! So what strategy can we use to defer our taxes instead of a 10331 exchange? The answer is a Delaware Statutory Trust or DST for short.
DSTs
A DST is a security that can only own real estate. When you invest in this trust, there is no time commitment like the 1031 exchange. DSTs usually invest in large deals and these can be anything from triple net leases, multifamily, mobile home parks and other commercial assets. DSTs can be fractional as well. This means that you can invest in multiple DSTs using the proceeds from just the one asset.
More on DSTs…
What has been a problem for some investors in relation to DSTs is that the large companies that do DSTs have brokers that charge large fees. But if you find an operator (syndicator) that does a DST, that will take care of those large fees. Some DSTs require it's investors to be accredited but this is not the case for all. However, the ones that do accept sophisticated investors are few and far between.
Rules for a DST
When investing in a DST, you need to be aware of the DEBT/EQUITY ratio. This means that if the property you are selling has 60% debt and 40% equity, then whatever asset you trade up to, will need to have a 60/40 debt to equity split. Any excess capital that you need to pay taxes on is called BOOT. Now let's say that you sell a property and your split is a 55/45, then you would pay taxes on the extra 5% in equity. However, since we can invest in multiple DSTs, you can invest the remaining amount in another DST. I know, I'm sure you're thinking that this is going to be too difficult but, you are able to pull multiple investors in these opportunities. So in the end, the DST will be split correctly and you can still differ your taxes. For a DST to qualify as a DST, it needs to be generating predictable income.
Another perk of a DST for investors, is that all the cash flow goes to the investors. Now you might think, "Well how do the sponsors get paid?" They are usually paid through management fees, acquisition fees and disposition fees. Another bonus for investors is that you get equity in the deal.
In Conclusion, there are a lot of ways to save on taxes. At the moment, a 1031 exchange is a good way to go. But a DST might be a better fit for you. This might be another tool for your tool belt, especially when it comes to investing in syndication and saving on your taxes. I recommend you do more research for yourself and of course speak to your licensed professional.