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Kevin Taylor

Using a Delaware Statutory Trusts (DST) with 1031 Exchange Investments

Delaware Statutory Trusts (DSTs) are extremely popular with 1031 exchange investors. In addition to the tax mitigation aspects of the 1031 itself, they allow investors to diversify the make-up of an investment portfolio, access new buildings and investment types, and easily scale up or down the size of their real estate portfolio. 1031 exchange investors favor DSTs due to the fact that it can be difficult to identify a replacement property within 45 days and in most cases, the DST can accept the exact balance investors are looking to replace a part of the 1031 Exchange. What is a Delaware Statutory Trust? The name will usually confuse new investors. The “Delaware” in Delaware Statutory Trusts is simply a component of the law being initially conceived and developed in Delaware. A common state for incorporation and legal standing. The use of the DST structure helps keep the title clean in connection with ownership by many co-investors. It separates the investor holding title individually into a holding in a new trust where the investor is the beneficial owner. The trustee of the trust can take actions on behalf of the trust beneficiaries (i.e. the DST investors/owners) which does not require agreement by all. Why invest in a DST? Few investors have the requisite net worth to own a 30-story office complex and keep the real estate exposure for their portfolio in line with their risk expectations. That is where the use of DSTs comes into play. A DST is attractive to an investor who desires access to a single property or portfolio of high-value, high-quality real estate asset(s) that may not otherwise be available to them due to size or service constraints. A DST puts the management and ownership of a real estate venture into a manageable box for most investor types. Collecting income, managing taxes, and maintaining the risk are all far easier in the real estate space through the DST structure. The investor receives a deeded fractional ownership in the property in a percentage based upon the equity invested. Is a DST like a REIT? It has some characteristics of a REIT or Real Estate Investment Trust but is different, including the fact that it is often, but not always, just a single property. In addition, the owner of REIT shares holds a partnership interest in the underlying real estate investment. Partnership investments do not qualify for 1031 exchange investments, even if the underlying asset consists of real estate. How does the DST provide income? Similar to the other real estate investments, DSTs generally pay monthly or quarterly an amount based on the excess rent over the property expenses. This includes any mortgage payments so as the debt service is paid, the equity ownership of the investor shifts as well. The Return on Equity (RoE) varies from deal to deal based on the specifics of the property, the building type, and financing goals. With most deals, the sponsor knows the net rent that can be expected and can give the investor the anticipated return for the term of the investment. How long does the DST operate? Most DSTs have a well-defined expectation for liquidation of the asset. The asset’s holding period varies and is prescribed in the beginning, but most have an intermediate time frame. Usually, 3-7 years and the investor shares in the same percentage basis the appreciation in value upon sale of the property. How does the liquidation work? This final stage of a DST is a complete liquidation of the Real Estate assets. This is also part of the investor’s stake in the holding. This can increase the overall annualized return by a couple of percentage points and is paid out in cash upon liquidation. While most investors seek out real estate for the prospect of a current and predictable income – tax mitigated capital appreciation as part of the real estate investment is typically the larger portion of the total return of the investment. Who can buy into a DST? The manner in which DSTs are marketed to the public has a lot of characteristics of sales of securities. Over time, the SEC decided to regulate them as actual sales of securities. So, although a DST interest retains the nature of real estate ownership, with some exceptions, they are regulated. They are typically brought to market for syndication by large well-known sponsors, although they have to be acquired through a Broker, Registered Investment Advisor, or a licensed Financial Advisor. The DST structure usually, if not always, requires the investor meets the Accredited Investor standard as the offerings are listed through the Reg D issuing process. Typically, the broker or advisor will vet all offerings of the sponsors with whom they have an agreement and that level of due diligence is a benefit to the investor who is unlikely to have the wherewithal to review the investment as closely.

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Articles
Kevin Taylor

The Value of Tax Alpha

In today’s fiercely competitive investment management landscape, financial advisors are encountering challenges from various fronts, including fellow advisors, brokers/dealers, insurance agents, robo-advisors, and self-directed investors. In this environment, where promising excess returns over market performance is unrealistic in the long term, advisors are exploring alternative avenues to enhance their clients’ investment outcomes. While offering other services like financial planning and consultations is undoubtedly valuable, they often don’t directly contribute to improving the investment bottom line over a year. So, how can advisors truly augment investment performance without escalating risk? The answer lies in tax optimization, commonly known as “tax alpha.” Tax alpha involves integrating tax-saving strategies into investment management, providing clients with both permanent and temporary tax savings. These strategies can significantly benefit clients and set advisors apart in the competitive landscape. Permanent Tax Savings Strategies Permanent tax savings are those that don’t necessitate repayment to the tax authorities. One such strategy is avoiding short-term capital gains, where assets held for less than a year incur higher tax rates. Investors can substantially reduce tax liabilities by deferring sales to qualify for long-term treatment. Location optimization is another powerful strategy, offering both permanent and temporary tax benefits. It involves placing investments in the most tax-efficient accounts and aligning investment types with account types to minimize current and future taxes. For instance, holding tax-inefficient investments in tax-deferred accounts and appreciating assets in taxable accounts can lead to significant tax savings. Temporary Tax-Savings Strategies Temporary tax savings strategies, although postponing tax obligations, can still be valuable. Tax-loss harvesting, for instance, involves selling investments at a loss to offset gains, thereby reducing current tax liabilities. Additionally, choosing high-cost lots when selling assets and avoiding year-end capital gains distributions are effective strategies for temporarily lowering taxes. Implementation of Strategies Advisors can implement tax-saving strategies manually, automatically, or by delegating to specialized software or asset management programs. Automated solutions can ensure comprehensive implementation of tax strategies, minimizing the risk of overlooking tax-saving opportunities. Communicating with Clients Advisors must educate clients about the benefits of tax-saving strategies and quantify the tax savings provided. By explaining concepts like location optimization through various channels and providing personalized reports showcasing tax savings, advisors can reinforce the value they bring to their client’s financial well-being. Conscious Buying of Individual Bonds In the pursuit of tax optimization, the selection of bonds plays a crucial role. Certain types of bonds offer distinct tax advantages, making them suitable for inclusion in investment portfolios. Here are some considerations for buying the right kinds of bonds for tax reasons: 1. Tax-Exempt Municipal Bonds: Municipal bonds issued by state and local governments typically offer interest income exempt from federal taxes and sometimes from state taxes as well, especially if the investor resides in the issuing state. These bonds are particularly beneficial for investors in higher tax brackets, as they provide a tax-efficient source of income. 2. Treasury Inflation-Protected Securities (TIPS): TIPS are U.S. Treasury securities designed to protect against inflation by adjusting their principal value based on changes in the Consumer Price Index (CPI). While the interest income from TIPS is subject to federal taxes, the inflation adjustment on the principal is taxable only when the securities are sold or mature. For investors seeking protection against inflation with minimal tax implications, TIPS can be a suitable option. 3. Zero Coupon Bonds: These bonds pay no coupon to investors annually, so there is nothing to tax year in and year out. The entire yield of this bond type is paid out in the form of capital gains – which is far lower than the income tax rate for many investors. While the lack of an income is unappealing for many, the tax strategy is sound for those who are looking for yield with lower taxation. 4. Taxable Bonds in Tax-Advantaged Accounts: Taxable bonds, such as corporate bonds or Treasury bonds, are generally more tax-efficient when held within tax-advantaged accounts like IRAs or 401(k)s. Since the interest income from taxable bonds is taxed at ordinary income rates, sheltering them within tax-deferred accounts can help mitigate tax liabilities, allowing for greater compounding of returns over time. In an era where investment services are increasingly commoditized, differentiation is vital for advisors to retain and attract clients. While financial planning remains essential, creating tax alpha can significantly enhance the value proposition for clients. By incorporating tax-saving strategies into investment management, advisors can deliver tangible benefits that positively impact clients’ investment outcomes.

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What Is the “Assignment of Relinquished Property Contract” in a 1031 Exchange?

If you’re diving into a 1031 exchange to defer taxes when selling investment property, you’ll encounter a few essential documents. One of the most critical — but often misunderstood — is the Assignment of Relinquished Property Contract. While the name sounds technical (and a little intimidating), it plays a simple but crucial role: it officially hands off your rights in the sale contract to your Qualified Intermediary (QI), which is required to maintain the integrity of your tax-deferred exchange. Let’s break it down so you know exactly what it does — and why it matters. What Is the Assignment of Relinquished Property Contract? In a 1031 exchange, you are not allowed to sell your property directly and pocket the cash, even for a moment, or the IRS will view it as a taxable sale.To keep everything compliant, you must “assign” your rights in the sales contract to a Qualified Intermediary (QI). The Assignment of Relinquished Property Contract is the formal document that does this.It states that the QI steps into your shoes for the purposes of: Handling the sale, Receiving the proceeds, Holding the money safely until you acquire your replacement property. You are still the underlying seller, and your buyer may not even notice anything different during closing — but legally, the assignment ensures that the sale is part of a tax-deferred exchange rather than a straight-up taxable transaction. Why Is It Necessary? The IRS has strict rules for 1031 exchanges: You cannot have actual or constructive receipt of the sale proceeds. You must exchange property — not cash. By assigning your contract to the QI, you avoid receiving the money from the sale directly.Instead, it flows into a special account controlled by the QI, who later uses it to buy your replacement property. Without the assignment, the IRS would view the transaction as a simple sale followed by a purchase — and you could lose your tax deferral. What Does the Assignment Cover? Here’s what a typical Assignment of Relinquished Property Contract usually includes: ✅ Identification of the Parties: You (the taxpayer/seller) and your Qualified Intermediary. ✅ Description of the Relinquished Property: The address and details of the property you’re selling. ✅ Assignment of Rights: You transfer (assign) all your rights and interests in the sales contract to the QI. You often also direct the escrow or closing agent to recognize the QI’s role in the transaction. ✅ Preservation of Obligations: You usually retain obligations under the sales contract (such as disclosures or property condition requirements) — the assignment affects rights, not responsibilities. ✅ Notification to Buyer: Often, the buyer will be formally notified that the assignment has occurred.(In most cases, it doesn’t affect the buyer’s side of the deal.) ✅ Compliance with 1031 Exchange Rules: The document will state that this assignment is done solely to facilitate a tax-deferred exchange under Section 1031 of the Internal Revenue Code. In Simple Terms: The Assignment of Relinquished Property Contract says, “I, the seller, am handing over my sale rights to my Qualified Intermediary — not because I’m backing out, but because I need to follow IRS rules to keep my sale tax-deferred.” It’s a behind-the-scenes but absolutely essential step to protect your 1031 exchange. Final Thought Even though it sounds like a small technicality, the Assignment of Relinquished Property Contract is a cornerstone document for any successful 1031 exchange.Without it, you run the risk of disqualifying your exchange — and facing a hefty tax bill. Make sure your Qualified Intermediary prepares and files this assignment properly, and work closely with your closing agent to ensure that all parties recognize the QI’s role when the deal closes.

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