Using a Delaware Statutory Trust in a 1031 Exchange

Since 1921, section 1031 exchanges have been one of the most efficient tax deferral and wealth transfer vehicles available for real property investors. In a 1031 exchange, a property owner exits from an investment property and then replaces it with a “like-kind” asset, the benefit being the deferral of capital gains tax from the relinquished property. Notably, Delaware Statutory Trusts (DST) serve as a vehicle that may qualify for a 1031 exchange.

Understanding Tax-Advantaged Vehicles, 1031 Exchanges, DSTs, and Opportunity Zones

When investors sell an appreciated investment property, they face a choice. They can do nothing and pay the capital gains tax; depending on the state and the individual’s income level the tax liability can be as high as 33%. The other option is to employ a tax-advantaged deferral and reduction vehicle. These vehicles fall into three large buckets: 1031 exchanges, Delaware Statutory Trusts, and new Qualified Opportunity Zone Funds.