What is a Delaware Statutory Trust (DST)?

Definition

A DST is a legal entity formed as a trust under Delaware Law. If properly structured, the DST will be classified as a grantor trust for federal income tax purposes and as a result the purchaser of a beneficial interest in the trust will acquire an undivided interest in the asset(s) held by the DST. An investor can use a beneficial interest in a DST as a replacement property in a 1031 tax-deferred exchange. The managing trustee of the DST is either the sponsor or an affiliate of the sponsor. The DST holds title to 100% of the interest in the property. Tax reporting for a DST is done on a Schedule E, utilizing property operating information provided by the sponsor.

• Results in ownership of a beneficial interest of a Delaware Statutory Trust. 
• Sponsor or affiliate of sponsor manages the property(s).
• Value of the property(s) in the DST is equal to more than purchasing amount.
• Closing escrow could take days instead of weeks.

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This is for informational purposes only, does not constitute individual investment advice, and should not be relied upon as tax or legal advice. Please consult the appropriate professional regarding your individual circumstance.

There are material risks associated with investing in private placements, Delaware Statutory Trusts ("DSTs") and real estate securities including the potential loss of the entire investment principal, illiquidity, tenant vacancies impacting income and revenue, general and real estate market conditions, lack of operating history, interest rate risks, competition, including 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 investors should read the PPM carefully before investing paying special attention to the risk section.

DST 1031 properties are only available to accredited investors (typically defined as having a $1 million net worth excluding primary residence or $200,000 income individually/$300,000 jointly of the last two years; or have an active Series 7, Series 82, or Series 65). Individuals holding a Series 66 do not fall under this definition) 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.

The rules and regulations of the QOZ Program are complex, and compliance with the QOZ Program comes with significant challenges such as appreciation unpredictability, certain neighborhoods may be less accommodating to development, illiquidity for up to ten or more years, availability and cost of construction and development financing uncertainty, development and redevelopment real estate risks, as well as a number of Jobs Act interpretation uncertainty which may impact future risks, if any.

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.

Potential cash flows/returns/appreciation are not guaranteed and could be lower