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What is a 1031 Exchange?

A 1031 Exchange, named after Section 1031 of the U.S. Internal Revenue Code, is a powerful tool that allows real estate investors to defer capital gains taxes when they sell one investment property and purchase another. By reinvesting the proceeds from a sold property into a “like-kind” property, investors can defer paying capital gains taxes.

When you sell an investment property, the IRS typically requires you to pay capital gains tax on any profit earned from the sale. However, with a 1031 exchange, you can defer this tax if you reinvest the proceeds into another qualifying property of equal or greater value. The process involves:

  • Selling the Initial Property: The investor sells their property, initiating the 1031 exchange process.
  • Using a Qualified Intermediary: To comply with IRS regulations, the sale proceeds must be held by a Qualified Intermediary (QI) until they are reinvested.
  • Identifying Replacement Property: Within 45 days, the investor must identify potential replacement properties.
  • Closing on Replacement Property: The replacement property must be purchased within 180 days of the sale of the original property.

A 1031 exchange can offer a variety of advantages for investors, including:

  • Tax Deferral: Defer paying capital gains taxes on the sale of investment properties, allowing you to reinvest more capital.
  • Portfolio Growth: Use deferred taxes to expand or upgrade your portfolio, potentially increasing cash flow and long-term returns.
  • Estate Planning Benefits: Heirs can receive a "stepped-up" tax basis on inherited properties, potentially eliminating capital gains tax altogether.

Depending on your investment goals, there are several types of 1031 exchanges to consider:

  • Delayed Exchange: The most common type, allowing time between selling one property and purchasing another.
  • Reverse Exchange: In this type, the replacement property is acquired before the original property is sold.
  • Build-to-Suit Exchange: Allows investors to make improvements on the replacement property before completing the exchange.

A 1031 exchange can be a powerful tool for real estate investors who wish to defer taxes, build wealth, and diversify their portfolios. However, it is essential to understand the specific rules, timelines and requirements to successfully complete a 1031 exchange. Consult with a tax professional or real estate advisor to ensure compliance and maximize the benefits of this strategy.

What is a Delaware Statutory Trust (DST)?

A Delaware Statutory Trust, or DST, is a unique legal structure that allows multiple investors to co-own a fractional interest in a single property or a portfolio of real estate assets. Recognized by the IRS, DSTs are a popular choice for investors looking to diversify their real estate holdings, particularly as part of a 1031 exchange.

In a DST structure, a trustee holds the property title, while investors purchase beneficial interests in the trust. These interests give investors access to income, tax benefits, and potential appreciation in property value—without the management responsibilities of direct property ownership. Here’s how it typically works:

  1. Formation of the Trust: A sponsor or asset manager creates a DST to acquire and manage the property.
  2. Offering to Investors: Investors buy shares in the DST, gaining an ownership interest in the real estate asset(s).
  3. Income Distribution: Investors receive a proportional share of income from the property, such as rent payments.
  4. Exit Strategy: When the DST property is sold, investors receive proceeds based on their ownership share, which can be reinvested, potentially through a 1031 exchange.

DSTs offer several attractive benefits for real estate investors:

  • 1031 Exchange Eligible: DSTs qualify as replacement properties under IRS rules, allowing investors to defer capital gains taxes.
  • Passive Ownership: Since the DST’s sponsor manages the property, investors can enjoy a hands-off approach.
  • Diversification: DSTs enable investors to spread their capital across various property types and locations, reducing risk.
  • Low Minimum Investment: Unlike traditional property investments, DSTs often have lower minimum investment requirements, allowing for fractional ownership.
  • Access to High-Quality Net Lease Real Estate: DSTs often include investment-grade, net lease properties that might otherwise be inaccessible to individual investors. These properties typically offer stable income from long-term leases with creditworthy tenants.

DSTs are ideal for investors seeking a passive income stream, diversification, or a simplified way to complete a 1031 exchange. However, because investors have no control over management decisions, DSTs may not be suitable for those who prefer a hands-on approach.

1031 Exchange Advisory

What is a 1031 Cash-Out Refinance?

A 1031 Cash-Out Refinance is a strategy that allows real estate investors to access equity from an investment property without triggering a taxable event. This approach combines a traditional 1031 exchange with a refinancing loan, giving investors liquidity for other investments or personal use while continuing to defer capital gains taxes. This strategy can also be structured within a Delaware Statutory Trust (DST), adding flexibility and opportunities for fractional ownership and diversified holdings.

The 1031 Cash-Out Refinance typically follows these steps:

  1. 1031 Exchange: An investor sells an investment property and defers capital gains taxes by reinvesting in a “like-kind” property through a 1031 exchange.
  2. Refinancing the Replacement Property: After completing the exchange, the investor refinances the replacement property to access a portion of its equity as cash.
  3. Utilizing the Cash Proceeds: The investor can use the cash from the refinancing for other investments or personal purposes without triggering capital gains taxes.

This cash-out refinances strategy can also be applied to properties held within a DST, offering passive investors a way to access liquidity from high-quality real estate holdings without direct property management responsibilities.

This approach offers several advantages for investors looking to optimize their real estate holdings:

  • Liquidity Without Selling: Provides access to property equity without selling or paying capital gains tax.
  • Tax-Deferral Advantage: By combining with a 1031 exchange, investors defer taxes on the original sale, potentially growing their investments tax-efficiently.
  • Leverage Opportunities: Refinancing allows investors to leverage the value of their property, often for reinvestment or debt consolidation.
  • Flexibility in a DST: For investors in a DST, this strategy offers a unique way to gain liquidity within a shared ownership structure without managing the property.

A 1031 Cash-Out Refinance can be an effective strategy for investors looking to access property equity while deferring taxes. However, it’s essential to follow timing rules carefully and consult with a qualified advisory team to ensure compliance and maximize benefits.