Tax Strategies

Strategy 01: 1031 Exchange

What is a 1031 Exchange

“1031” refers to IRS Tax Code Section 1031 which provides an exception and allows you to postpone paying tax on the gain of a sale so long as you reinvest the proceeds in similar property as part of a “like-kind” exchange within 180 days of the sale of the original property.  A 1031 exchange can only be used for real property, not personal or intangible property. The property being exchanged cannot be held primarily for sale. If the exchange includes property or money that is not like-kind, a gain must be recognized to the extent of the non-like-kind property or money received.

It's important to work with a real estate professional who is skilled in 1031 exchanges to ensure that the exchange is done correctly.

How a 1031 Exchange Works

01

Identify Properties

Choose the investment property you want to sell (the "Relinquished Property") and identify a "Replacement Property" that meets the like-kind criteria.
02

engage a qualified intermediary

03

sell your property

Sell your original investment property, and the proceeds are transferred to the intermediary.
04

Purchase contract for replacement property

The intermediary will use the funds held to complete the purchase of the replacement property

Why Should You Consider a 1031 Exchange?

Tax Deferral:

By using a 1031 exchange, you can defer capital gains taxes, allowing you to reinvest the full amount of your proceeds into a new property.

Leverage:

Deferring taxes means you have more capital to invest in a new property, potentially allowing for a better investment or a larger property.

Portfolio Diversification:

A 1031 exchange can enable you to diversify your real estate portfolio by exchanging one property for multiple properties or vice versa.

Estate Planning:

Property exchanged through a 1031 can also benefit heirs, as the property can receive a stepped-up basis upon inheritance, potentially minimizing taxes for them.

Increased Cash Flow:

By exchanging into a property that generates more income, you can improve your cash flow situation without incurring immediate tax liabilities.

Market Flexibility:

A 1031 exchange provides the opportunity to change your investment strategy or geographic focus without the immediate tax burden.

Always consult with a tax professional or real estate advisor to ensure that a 1031 exchange is the right strategy for your specific financial situation and to navigate the complex rules involved.

Strategy 02: Deferred Sales Trust

What is a Deferred Sales Trust (DST)

A Deferred Sales Trust is a type of IRC Section 453 installment sale also know as a “seller carry-back.” By utilizing the IRS tax code, the seller of a highly appreciated asset realizes tax deferral benefits by not receiving actual or constructive receipt of the proceeds at the time of the sale, instead receiving payments made to them over time.

By transferring your funds into a DST, you can defer your capital gains tax and put that money to work for you. This strategy allows you to postpone capital gains tax payments indefinitely, potentially benefiting future generations. It's a proven method to protect your wealth and strategically plan for the future.

How a DST Works

01
due diligence

knowledge

In depth DST understanding with Client, Advisor, and Trustee.
02
preparation

desire

Relevant documentation is prepared, and engagement agreement is sent to client.
03
promisory note

transaction

Set Note Terms

Completion of Risk Tolerance questionnaire

Develop Investment Strategy

Trust is funded with Sale Proceeds

Establish Client distribution payments per note terms
04
Investment Begins

Growth

Financial Advisor begins investing according to Client desires and goals
05
Periodic Review

Support

Portfolio review with Client, Financial Advisor, and Trustee to discuss and evaluate investment

Why Utilize a Deferred Sale Trust?

Tax Deferral:

10-year increments extended in perpetuity

Preserve Generational Wealth

Retirement Income

Reduced Risk

Always consult with a tax professional or real estate advisor to ensure that a Deferred Sale Trust is the right strategy for your specific financial situation and to navigate the complex rules involved

Strategy 03: Delaware Statutory Trust

What is a Delaware Statutory Trust (DST)

A Delaware Statutory Trust (DST) is a legal entity that allows investors to purchase fractional ownership shares in real estate properties. DSTs are similar to Real Estate Investment Trusts (REITs), but each trust is formed to acquire a specific parcel of real estate. When evaluating DST offerings, investors should: Vet the properties, Vet the sponsors, Understand the fees structure, Understand the debt terms, and Work with financial and legal advisors.

How a Delaware Statutory Trust Works

DSTs hold title to real estate on behalf of multiple investors, who receive a beneficial interest in the trust. The trustee takes on legal title and management responsibilities, while investors receive distributions from the trust's operations.
01

Property listed and sold

02

Fractional ownership of dst is purchased

03

Investors (you) receive distributions from Dst operations

Why Should You Consider a Delaware Statutory Trust?

When evaluating DST offerings, investors should: Vet the properties, Vet the sponsors, Understand the fee structure, Understand the debt terms, and Work with financial and legal advisors.

Tax Deferral:

Investors can defer capital gains taxes through participation in a 1031 exchange.

Passive Income:

DSTs can provide stable passive income.

Portfolio Diversification:

DSTs can help diversify an investor's portfolio.

Asset Protection:

DSTs can offer asset and liability protection.

Access to Large Properties:

DSTs can provide access to larger properties that might be too expensive to purchase in full.

Low Minimum Investment:

DSTs can offer low minimum investment amounts

Always consult with a tax professional or real estate advisor to ensure that a Delaware Statutory Trust is the right strategy for your specific financial situation and to navigate the complex rules involved.

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