Below is a brief introduction to 1031 exchanges. Here you will gain knowledge about key benefits, basic rules and guidelines for successful implementation using a Delaware Statutory Trust.
In most circumstances, the use of a qualified intermediary is required to successfully complete an IRC Section 1031 tax-deferred exchange. Treasury Regulation refers to the entity that facilitates a 1031 exchange as a qualified intermediary. A qualified intermediary is sometimes referred to as an accommodator, facilitator, intermediary or QI, which it defines as follows:
The time requirements in a 1031 exchange are very specific. From the close of escrow on the sale of the relinquished property, a taxpayer must properly identify potential replacement properties within 45 calendar days and close on the replacement properties within 180 calendar days.
For exchange purposes a like-kind replacement property means any property held for investment or business use. For Instance – A rental home could be exchanged for:
A DST is like-kind. Revenue Ruling 2004-86 (July 20, 2004) explains how a DST described in the ruling will be classified for federal tax purposes and whether a taxpayer may acquire an interest in the DST without recognition of gain or loss under section 1031 of the Code.
The common objective in a 1031 exchange is disposing of a property containing significant realized gain and acquiring a like-kind replacement property so there is no or little recognized gain. In order to defer all capital gain taxes, a taxpayer must balance the exchange by following these guidelines.
DST's secure non-recourse financing backed by the real estate within the trust. The average DST loans range between 45% and 65% loan-to-value. When an investor purchases an interest in a DST, the investor will inherit or be assigned a portion of the loan.
DST
Beneficial Owner
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A REIT is a security that sells like a stock on the major exchanges and invests in real estate directly, either through properties or mortgages. REITs receive special tax considerations and typically offer investors high yields, as well as a highly liquid method of investing in real estate. There are risks associated with these types of investments and include but are not limited to the following: Typically no secondary market exists for the security listed above. Potential difficulty discerning between routine interest payments and principal repayment. Redemption price of a REIT may be worth more or less than the original price paid. Value of the shares in the trust will fluctuate with the portfolio of underlying real estate. Involves risks such as refinancing in the real estate industry, interest rates, availability of mortgage funds, operating expenses, cost of insurance, lease terminations, potential economic and regulatory changes. This is neither an offer to sell nor a solicitation or an offer to buy the securities described herein. The offering is made only by the Prospectus.Securities offered through Concorde Investment Services, LLC (CIS). Member FINRA/SIPC. Advisory services offered through Concorde Asset Management, LLC (CAM), an SEC registered investment advisor. Sequent Real Estate + Wealth Management is independent of CIS and CAM. Check the background of this firm on FINRA's BrokerCheck. To access Concorde’s Form Customer Relationship Summary (CRS), please click here. All information provided is for educational purposes only. The material contained herein does not constitute an offer to sell and is not an offer to buy real estate or securities. Such offers are made only by a sponsor's memorandum, which is always controlling and available to accredited investors only. There are material risks associated with the ownership of real estate, including but not limited to, tenant vacancies, loss of entire principal amount invested, and that potential cash flows, returns, and appreciation are not guaranteed. Past pricing structures may not be indicative of future pricing and may not result in positive returns.Securities offered through Concorde Investment Services, LLC (CIS). Member FINRA/SIPC. Advisory services offered through Concorde Asset Management, LLC (CAM), an SEC registered investment advisor. Sequent Real Estate + Wealth Management is independent of CIS and CAM. Check the background of this firm on FINRA's BrokerCheck. To access Concorde’s Form Customer Relationship Summary (CRS), please click here. All information provided is for educational purposes only. The material contained herein does not constitute an offer to sell and is not an offer to buy real estate or securities. Such offers are made only by a sponsor's memorandum, which is always controlling and available to accredited investors only. There are material risks associated with the ownership of real estate, including but not limited to, tenant vacancies, loss of entire principal amount invested, and that potential cash flows, returns, and appreciation are not guaranteed. Past pricing structures may not be indicative of future pricing and may not result in positive returns.
Sequent Real Estate + Wealth Management does not offer legal or tax advice. Please consult the appropriate professional regarding your individual circumstance.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, potential adverse tax consequences, general economic risks, development risks, long hold periods, and potential loss of the entire investment principal. Past performance is not a guarantee of future results. Potential cash flow, returns and appreciation are not guaranteed. IRC Section 1031 is a complex tax concept; consult your legal or tax professional regarding the specifics of your particular situation. This is not a solicitation or an offer to sell any securities. DST 1031 properties are only available to accredited investors (typically have a $1 million net worth excluding primary residence or $200,000 income individually/$300,000 jointly of the last three years) 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.
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