1031 DST Exchanges – What on earth is this thing?
An accountant friend of mine had a client who owned a small apartment complex which he ran and maintained. Twenty-three units may not seem like a lot, but it kept him busy six days a week. In his early 60’s he wanted to retire but wasn’t sure how.
If he sold the property, he would get his time back. He could travel to Minneapolis to see his daughter and two grand-kids more often, travel with his wife, and do what he liked. The issue with selling was that he still needed to generate an income. Selling the property and investing the money would mean paying taxes on gains and depreciation recapture. That would add up close to 25%, or $250,000 off $1,000,000. Generating income off 75% of his assets made it difficult. His financial advisor told him to invest the money in a portfolio of stocks and bonds and not to take more than a 4% distribution. Many in the academic community such as Wade Pfau, president of the American College, suggests that to achieve a 90% success rate of not running out of money over 30 years is to take even less, 2.4%! Even at a 3.5% distribution he would gross just over $26,000 a year. Not enough for his lifestyle. Selling was not an option.
Keeping the property would create more income but at a cost. He had used property management companies in the past with mixed results. Some were apathetic and simply didn’t follow through on what they’re supposed to do, others billed extra fees for things he thought should just be part of the service. Perhaps the ultimate problem stemmed from the fact that the property management company and he weren’t aligned in their interests. The property management company wouldn’t want to raise rents because it might mean more vacancies for them. The owner would still be on the hook for big expenses, especially if the property wasn’t properly maintained. He still carried the risk of having all his eggs in one property and could take a big hit if the local economy faltered or neighborhood declined.
The third option was a 1031 Exchange. 1031 refers to the section of the tax code which allows you to transfer gains from the property you own to a new property without incurring any capital gains taxes. This wouldn’t help him since he had no desire to start over again with a new property he knows little about.
He believed that those were all his options, but there was a fourth. It’s called a 1031 DST Exchange. Like a 1031 Exchange except the property would be in a Delaware Statutory Trust. This would allow a fractional interest in many properties with absolutely no management responsibilities.
He would no longer own a single property; he would own a fractional interest in 14 properties in six different states. Rather than just one apartment complex he would have interests in 3 multifamily complexes in Texas worth over $120 million, several health centers in the southeast, a few storage facilities in the north, and grocery stores in New England with a well vetted tenant. His $1 million dollar investment would be diversified offering some protection against local economic failures, industry failures, and the loss of any single property.
More importantly the companies which run these properties, called sponsors, may have their interest better aligned. When the property does well, they do well and when the property suffers, they are the first ones to take the hit. It is a carrot and stick approach. Also, they make money from the sale price of the property giving them incentives to raise rents and maintain the property.
Of course, no two interests can ever align perfectly. Perhaps the downside is that the sponsor will sell when they believe they can maximize profits and that might not correspond with his timing. Once they sell the property in five to ten years, he has the option to reinvest or take the money. If he continually reinvests his beneficiaries will receive a stepped-up cost basis when he passes.
Since he didn’t pay taxes from the sale, he was able to generate income off the full $1,000,000 and at a rate of 4%. That’s a $14,000 a year increase from a traditional stock and bond portfolio with all the favorable tax treatments of real estate.
The 1031 DST Exchange gave him all the benefits of owning real estate with all the responsibilities of owning a share stock. Not a bad retirement.
*Colorado Financial Service Corporation and its affiliates do not provide tax, legal or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide,and should not be relied on for, tax, legal or accounting advice. You should consult your own tax, legal and accounting advisors before engaging in any transaction.


