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Sub-institutional investment property owners can defer the taxes due on a sale (including capital gains, depreciation recapture, and state income taxes) by completing a 1031 Exchange and reinvesting their sales proceeds into DSTs intended to be converted into a REIT via 721 UpREIT.
As institutional-grade properties, DSTs are attractive to REITs, making UpREITs possible at this stage. Some DSTs are designed with the specific intention of being absorbed by pre-determined REITs.
Once a DST is absorbed by a REIT, fractional interests in the DST are exchanged for Operating Partnership (OP) units in the REIT. OP units participate in the REIT’s income and asset appreciation in the same way REIT shares do. When an owner is ready to sell their ownership, the OP units can be converted into REIT shares.
OP units are eventually converted into REIT shares, providing investors with liquidity. The conversion to REIT shares itself is a taxable event, thus owners typically do not convert their OP units to REIT shares until they plan to either liquidate their shares or have received a step-up in basis whereby the deferred tax liability has been eliminated.
Here are a handful of frequently asked questions related to 1031 exchanges. See our 1031 Exchange FAQ to learn more.
As defined by the SEC, an accredited investor is an individual who has either a $1 million net worth excluding their primary residence or $200,000 of income individually or $300,000 joint income for each of the last two years with a reasonable expectation for the same in the current year.
DSTs are held for anywhere between 3 – 10 years. Should investors want to exchange out of the property, conservatively, the DST property should be held for a minimum of two years. Typically, the DST loan’s prepayment penalties become palatable after year 3. DSTs with debt in place are not allowed to refinance, as such with 10-year fixed rate commercial debt, 10 years becomes the maximum hold period.
Should you be interested in selling your position in a DST, there is a mechanism to do so. However, it cannot be guaranteed that you will be able to sell the DST investment, nor receive your entire investment back unless the market conditions support it.
Here are a handful of key terms related to 1031 exchanges. See our 1031 Exchange Explained glossary to learn more.
The information herein has been prepared for educational purposes only and does not constitute an offer to purchase or sell securitized real estate investments. Such offers are only made through the Sponsor’s Private Placement Memorandum (PPM) which is solely available to accredited investors and accredited entities. DST 1031 properties are only available to accredited investors (generally described as having a net worth of over $1 million dollars exclusive of primary residence) and accredited entities only. If you are unsure if you are an accredited investor and/or an accredited entity, please verify with your CPA and Attorney.
There are material risks associated with investing in DST properties and real estate securities including liquidity, tenant vacancies, general market conditions and competition, lack of operating history, interest rate risks, the risk of new supply coming to market and softening rental rates, general risks of owning/operating commercial and multifamily properties, short term leases associated with multi-family properties, financing risks, potentially adverse tax consequences, general economic risks, development risks, long hold periods, and potential loss of the entire investment principal. Potential cash flows/returns/appreciation are not guaranteed and could be lower than anticipated. Diversification does not guarantee a profit or protect against a loss in a declining market. It is a method used to help manage investment risk. Because investor situations and objectives vary this information is not intended to indicate suitability for any particular investor. This material is not to be interpreted as tax or legal advice. Please speak with your own tax and legal advisors for advice/guidance regarding your particular situation.
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Client examples are hypothetical and for illustration purposes only. Individual results may vary.
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