Delaware Statutory Trust Tax Treatment, Taxation and Tax Returns: DST 1031 Exchange Market Insights and Thoughts

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By: Dwight Kay

When considering a Delaware Statutory Trust property for a 1031 exchange, investors and their CPAs must also consider the tax treatment of DST properties. This article gives a brief overview of the various Delaware Statutory Trust tax treatment and DST taxation topics that investors should understand and go over with their CPA and tax attorney prior to making any investment decisions.

Treatment as “Like Kind” for the Purposes of a 1031 Exchange

The IRS under Revenue Ruling 2004-86 blessed the Delaware Statutory Trust (DST) as “Like Kind” exchange property for the purposes of a 1031 exchange. https://www.irs.gov/irb/2004-33_IRB#RR-2004-86

Delaware Statutory Trust Tax Return – Year End Accounting and Reporting

When an investor purchases an interest in a DST 1031 exchange property, they will receive a year-end operating statement that shows their pro-rata portion of the properties rental income and expenses. They will then provide this to their CPA who will plug the numbers into Schedule E on the investor’s tax return, just like all other rental and commercial property the investor owns. If you would like to see an example of the year end reporting provided by various DST sponsors please email us at info@kpi1031.com or call Kay Properties directly at 1(855) 466-5927.

Depreciation Deductions and DST Taxation

With a 1031 exchange, an investor’s basis from the property he or she recently sold will carry forward with them into the new DST properties that they purchase. If the investor fully depreciated the property they sold already, that basis carries forward into the new DST properties. If they still had basis in the property they sold, or if they purchased a greater value in the DST properties than they had in the property they sold, then they now are able to take advantage of depreciation deductions to help shelter the income from the DST properties.

Delaware Statutory Trust State Tax Treatment

When owning property out of state, you typically will need to file state income tax returns in that state. The same goes for DST properties unless the property is in a state with no income tax filing requirements, such as Texas or Florida. Typically CPAs will charge clients a few hundred-dollar fee for filing out of state on behalf of a DST investor.

Future 1031 Exchanges – Tax Treatment of Delaware Statutory Trust Properties in Future 1031 Exchanges

When an investor purchases a DST property and that DST property eventually sells, the investor is now free to purchase any other type of like kind real estate. Many of our investors end up 1031 exchanging back into more DST properties when it is time to reinvest.

Purchasing Equal of Greater Value – DST Property Taxation Regarding 1031 Exchange Rules

One of the 1031 exchange rules require investors to purchase property of equal or greater value. Therefore, it is recommended that investors who have paid off their properties in full invest in DST properties that are all-cash/debt-free. This is recommended for two reasons; first using leverage/loans in any real estate purchase or investment greatly increases the risk of loss. Second, if an investor that has $1 million of equity from a building he sold free and clear purchases a DST that has a 50% loan to value, then that investor is now purchasing $2 million of that DST ($1 million of equity down plus the $1 million of debt due to the property being a 50% LTV equals a total purchase price of $2 million).  When the DST property sells, that investor will have to purchase equal or greater value per the IRS 1031 exchange rules and the investor now is stuck with having to continue to take on debt to have a fully tax deferred exchange. That investor no longer has the luxury of staying debt free like he was before he exchanged into the DST property in the first place. Many clients that are at or near retirement have already paid off their properties in full and taking on more debt is not wise, especially considering the 1031 exchange rules.

At Kay Properties, we have been involved in billions of dollars of DST 1031 exchange properties and have worked with hundreds of investors, DST sponsor companies, CPAs and tax attorneys throughout the country. It is important to note that Kay Properties is unable to provide you with any tax or legal advice so please do speak with your CPA and attorney prior to making any investment decisions.

If you or your CPA have any questions regarding DST properties taxation, tax treatment or how they work with your tax return feel free to email us at info@kpi1031.com, register on our website at www.kpi1031.com or call us at 1(855)466-5927.

This material does not constitute an offer to sell nor a solicitation of an offer to buy any security. Such offers can be made only by the confidential Private Placement Memorandum (the “Memorandum”). Please be aware that this material cannot and does not replace the Memorandum and is qualified in its entirety by the Memorandum.

This material is not intended as tax or legal advice so please do speak with your attorney and CPA prior to considering an investment. This material contains information that has been obtained from sources believed to be reliable. However, Kay Properties and Investments, LLC, WealthForge Securities, LLC and their representatives do not guarantee the accuracy and validity of the information herein. Investors should perform their own investigations before considering any investment. There are material risks associated with investing in real estate, Delaware Statutory Trust (DST) and 1031 Exchange properties. These include, but are not limited to, tenant vacancies, declining market values, potential loss of entire investment principal.

Past performance is not a guarantee of future results: potential cash flow, potential returns, and potential appreciation are not guaranteed in any way and adverse tax consequences can take effect. Real estate is typically an illiquid investment. Please read carefully the Memorandum and/or investment prospectus in its entirety before making an investment decision. Please pay careful attention to the “Risk” section of the PPM/Prospectus.

IRC Section 1031, IRC Section 1033, and IRC Section 721 are complex tax codes; therefore, you should consult your tax and legal professional for details regarding your situation. Securities offered through registered representatives of WealthForge Securities, LLC, Member FINRA / SIPC. Kay Properties and Investments, LLC and WealthForge Securities, LLC are separate entities.

DST 1031 properties are only available to accredited investors (generally described as having a net worth of over one million dollars exclusive of primary residence) and accredited entities only (generally described as an entity owned entirely by accredited individuals and/or an entity with gross assets of greater than five million dollars). If you are unsure if you are an accredited investor and/or an accredited entity, please verify with your CPA and Attorney prior to considering an investment. You may be required to verify your status as an accredited investor.

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