How do 1031 Exchanges Impact Real Estate Investors' Portfolios?

Real estate investing can be a great way to build wealth, but it can also come with its own set of challenges, especially when it comes to taxes. One way that real estate investors can mitigate these challenges is through the use of 1031 exchanges. In this blog post, we will take a closer look at what 1031 exchanges are, how they work, and how they can impact a real estate investor's investment portfolio.

A 1031 exchange, also known as a like-kind exchange, is a way for investors to defer paying capital gains taxes when they sell a property that they own and use the proceeds to purchase a new property. The idea behind a 1031 exchange is to allow investors to continue growing their wealth without having to pay taxes on the sale of their property. This can be a powerful tool for real estate investors looking to upgrade to a higher-performing property, increase cash flow, or diversify their portfolio.

The purpose of this blog post is to provide a comprehensive overview of 1031 exchanges and how they can be used by real estate investors. We will cover everything from the basics of 1031 exchanges to the advantages and challenges of using them, as well as how they can impact an investment portfolio. Whether you are a seasoned real estate investor or just getting started, this post will give you a better understanding of how 1031 exchanges can be used to your advantage.

The Basics of 1031 Exchanges

A 1031 exchange is a provision in the US tax code that allows real estate investors to defer paying capital gains taxes when they sell a property that they own and use the proceeds to purchase a new property. This is known as a like-kind exchange, as the properties being exchanged must be of a similar nature or use. In order to qualify for a 1031 exchange, the properties being exchanged must be used for investment or for use in a trade or business.

One of the key eligibility requirements for a 1031 exchange is that the properties being exchanged must be of a similar nature or use. This means that the properties must be used for investment or for use in a trade or business. For example, an investor can exchange a rental property for another rental property, or a commercial property for another commercial property. It is not possible to exchange personal property such as a primary residence, vacation home, or collectibles.

Another important aspect of 1031 exchanges is the timeframe for completing the exchange. Investors have a specific period of time to complete a 1031 exchange, starting from the date of sale of the relinquished property.

The investor must identify potential replacement properties within 45 days of the sale of the relinquished property, and must close on the purchase of the replacement property within 180 days of the sale of the relinquished property. If the investor fails to meet these deadlines, the exchange will not qualify and the investor will be liable for paying capital gains taxes on the sale of the relinquished property.

In summary, 1031 exchanges provide a tax-deferral opportunity for real estate investors looking to sell a property and purchase a new property of a similar nature or use. The process of a 1031 exchange is time-sensitive and requires the investor to identify and close on the replacement property within specific deadlines. The investor must ensure that the properties being exchanged are used for investment or for use in a trade or business.

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Advantages of 1031 Exchanges for Real Estate Investors

There are several advantages that real estate investors can enjoy by using 1031 exchanges. One of the biggest advantages is the ability to defer capital gains taxes. When an investor sells a property that has appreciated in value, they are typically liable for paying capital gains taxes on the sale.

However, by using a 1031 exchange, the investor can defer paying these taxes until they eventually sell the replacement property. This can provide a significant tax savings, as the investor can continue to reinvest the proceeds from the sale of the relinquished property without having to pay taxes on the sale.

Another advantage of 1031 exchanges is the opportunity to upgrade to a higher-performing property. By using a 1031 exchange, an investor can sell a property that may not be performing as well and use the proceeds to purchase a property that has better potential for cash flow or appreciation. This can help the investor increase their returns and grow their wealth over time.

1031 exchanges can also provide benefits for cash flow. An investor can use a 1031 exchange to purchase a property that has a higher cash flow than the property they are selling. This can help the investor increase their cash flow and potentially improve their overall return on investment.

In summary, 1031 exchanges provide several advantages for real estate investors, including the ability to defer capital gains taxes, the opportunity to upgrade to a higher-performing property, and potential for increased cash flow. By using a 1031 exchange, investors can continue to grow their wealth without having to pay taxes on the sale of their property.

How 1031 Exchanges Impact Investment Portfolios

1031 exchanges can have a significant impact on a real estate investor's investment portfolio. One of the main ways that 1031 exchanges can impact a portfolio is through diversification benefits. By using a 1031 exchange, an investor can sell a property in one market and use the proceeds to purchase a property in another market. This can help the investor diversify their portfolio and spread out their risk across different markets, which can help to mitigate the impact of a downturn in any one market.

1031 exchanges can also have a positive impact on returns. By using a 1031 exchange to upgrade to a higher-performing property, an investor can potentially increase their returns. Additionally, 1031 exchanges can also provide benefits for cash flow, which can lead to higher overall returns.

1031 exchanges can also play a role in risk management. By using a 1031 exchange to diversify a portfolio, investors can mitigate the risk of being overexposed to any one market. Additionally, by upgrading to a higher-performing property, an investor can potentially reduce the risk of poor returns.

1031 exchanges can have a significant impact on a real estate investor's investment portfolio. They can provide benefits for diversification, returns, and risk management. By using this strategy, investors can take advantage of these benefits and potentially increase the overall performance of their portfolio.

Challenges and Risks of 1031 Exchanges

While 1031 exchanges can offer many benefits to real estate investors, they also come with their own set of challenges and risks. One of the main challenges is the complexity of the process.

These types of investments can be difficult to navigate, especially for investors who are not familiar with the process. The rules and regulations can be quite complex, and investors must work with a qualified intermediary to ensure that the exchange is completed correctly.

Another challenge of 1031 exchanges is the strict deadlines that must be met. Investors have a limited amount of time to identify potential replacement properties and complete the purchase. If the deadlines are not met, the exchange will not qualify, and the investor will be liable for paying capital gains taxes on the sale of the relinquished property.

There is also a risk of disqualification. There are several rules and regulations that must be followed, and if these rules are not followed, the exchange can be disqualified, and the investor will be liable for paying capital gains taxes on the sale of the relinquished property.

1031 exchanges can be a powerful tool for real estate investors, but they also come with their own set of challenges and risks. The process can be complex, and investors must meet strict deadlines. There is also a risk of disqualification if the rules and regulations are not followed correctly. Investors should be aware of these challenges and risks when considering a 1031 exchange, and should work with a qualified intermediary to ensure a smooth process.

General Disclosure

Not an offer to buy, nor a solicitation to sell securities. Information herein is provided for information purposes only and should not be relied upon to make an investment decision. All investing involves risk of loss of some, or all principal invested. Past performance is not indicative of future results. Speak to your finance and/or tax professional prior to investing.

Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.

1031 Risk Disclosure:

There is no guarantee that any strategy will be successful or achieve investment objectives;
Potential for property value loss – All real estate investments have the potential to lose value during the life of the investments;
Change of tax status – The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities;
Potential for foreclosure – All financed real estate investments have potential for foreclosure;
Illiquidity – Because 1031 exchanges are commonly offered through private placement offerings and are illiquid securities. There is no secondary market for these investments.
Reduction or Elimination of Monthly Cash Flow Distributions – Like any investment in real estate, if a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions;
Impact of fees/expenses – Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits

DST Cash Investments as a Substitute for Stock Market Investing

For accredited investors participating in a 1031 exchange, Delaware Statutory Trusts are a worthwhile investment option to consider. However, some investors are unaware that DST cash investments are also a viable option.

Why think about making a DST investment?

DSTs may provide a number of advantages to investors engaging in a 1031 exchange, including the possibility to postpone the realization of capital gains from the sale of investment real estate and the avoidance of some of the risks involved in finding a replacement property quickly.

However, there are additional potential DST advantages that can benefit investors as a complement to either outright real estate ownership or stock market trading.

Potential Advantage #1: Professionally managed passive income

Have your money working for you - DSTs are professionally managed by asset managers and property managers who are responsible for ensuring that the tenants pay their rent on time and delivering the investor a check, often every month (assuming funds are available). You never engage with any of the tenants and have no management duties as an investor.

Potential benefit #2: Geographic and real estate sector diversification

It's wonderful to make an investment and see it pay off. What if it doesn't, though? Any investment has the potential to experience losses, whether it be in real estate, equities, futures, commodities, jack's magic beans, etc. However, the risk is spread out when one diversifies their portfolio by making investments in several different things.

Investors have access to a variety of DST real estate investments from different DST sponsors, including multifamily, storage space, commercial, and NNN leases. Additionally, you can invest in a specific type of DST, like multifamily, across a number of different geographic areas of the nation, increasing the likelihood that other locations won't experience a downturn in their local economies or, at the very least, lowering the likelihood that they will due to diversification.

Benefit #3: Supported by tangible assets

The fact that real estate is permanently anchored to the earth makes it one of the reasons why so many investors adore it. Real estate also has an inherent value, which means that it is fundamentally a hard asset with at least some minimal value, as opposed to a firm, whose shares can possibly lose all of its value should the latter go bankrupt. Uncovered natural disasters and foreclosure are always a possibility, but as was already mentioned, no investment is without risk.

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Potential benefit #4: traditionally less volatile and associated with the stock market

The stock market can be unpredictable, as we've recently witnessed during the coronavirus pandemic. On other days, market volatility in the double digits have been the norm. The link between real estate and the stock market, however, has historically been smaller. Real estate is typically much less affected by market turbulence than the equity markets, but that doesn't mean it can't be volatile and experience a downturn like we did during the Great Recession of 2008–2009.

Potential benefit number five: access to institutional real estate.

Real estate is a popular way to possibly accumulate money and has several advantages as an asset type. Real estate, however, is not created equal. Real estate is similar to how there are blue-chip stocks and "junk" bonds. There are DSTs that allow investors to purchase "institutional-level" real estate, which is generally real estate that is thought to be of a certain grade and class such that huge institutions and significant investment funds would consider it. The majority of people would find it challenging to access these kinds of real estate investments on their own, but the DST structure enables them to indirectly hold a portion of these investments that they would not otherwise be able to.

Potential Perk #6: Low Minimum Investment for Accredited Investors (sometimes as Low as $25,000)

Sometimes as little as $25,000 can be invested directly in a DST as the minimal amount. This gives them access to DST real estate assets that would normally cost millions of dollars to acquire, finance, and operate on a fractional basis and is not a princely sum for the majority of accredited investors.

Potential benefit #7: DSTs allow investors to perform a 1031 exchange when the investment property is sold, according to current IRS regulations.

Investors who buy in equities, for instance, must pay capital gains taxes on any profits they make (note: Opportunity Zones may provide an option to defer those gains). However, under the current IRS code, investors have the choice to do a 1031 exchange into another property into which they own 100% or another partial DST, so delaying any capital gains, once a DST asset has been sold. Of fact, if President Biden's economic plan is approved, changes to the IRS rules, such as those under it, could alter how future earnings are treated.

Potential Advantage #8: Cash investors do not need personal finance clearance.

In contrast to buying a property directly and potentially needing to obtain financing from a lender, DSTs provide investors with non-recourse loans that are not dependent on the investor's capacity to obtain financing.

The Benefits of DSTs for Real Estate Investors

What exactly is a DST (Delaware Statutory Trust)?

For authorized investors who want to make fractional real estate investments, a Delaware Statutory Trust, or DST, is a frequently used structure.

The main benefit of investing in a DST is that it qualifies for a 1031 Exchange, which enables investors who are selling a property to postpone paying capital gains tax by putting the profits into a DST, which the IRS has determined is an investment of "like kind."

National real estate corporations typically "sponsor," or bring to market and make available to accredited investors, DST offers. These offerings can be made available through third-party securities broker-dealers. The property(ies) to be offered under the trust are purchased by DST sponsors. In order to make sure the trust is eligible for 1031 exchange purposes, the DST sponsor will perform due diligence on the property, occasionally acquire long-term debt that is non-recourse to investors, and organize the necessary paperwork. The DST sponsor will then offer the asset(s) to accredited investors on a fractional ownership basis, and in exchange will get payment for organizing, supervising, and managing the investment on their behalf.

The Evolution of DSTs

Tenant-in-common real estate, or "TICs," is a type of co-ownership that is discussed in more detail below. In the early 2000s, some of the biggest real estate sponsors in the country and their attorneys urged the IRS to create regulations that would allow TICs to qualify for 1031 exchanges. Investment in TICs soared as a result. Investors soon encountered some of the difficulties brought on by TICs, such as the requirement for investor unanimity in order to make certain sorts of property-related decisions.

The idea of investing through a DST started to catch hold at about this time. DSTs offered more flexibility than TICs and addressed some of the concerns of investors, notably with regard to the clauses requiring unanimous consent.

It was no surprise, then, that investors and sponsors asked the IRS to adopt identical 1031 exchange standards for DSTs. As a result, the IRS released Revenue Ruling 2004-86 in 2004 that permitted the use of the DST structure to buy real estate where the trust's beneficial interests would be recognized as direct interests in replacement property for the purposes of a 1031 exchange. The syndicated real estate sector hailed this as a significant triumph.

Prior to the start of the Great Recession in 2008, both TICs and DSTs were commonly utilized. Their appeal declined along with real estate values. TICs were impacted more than DSTs. Few individual investors were willing to assume the risk of jointly owning so much underwater real estate. At least with DSTs, the DST sponsor was responsible for loan repayment, not individual investors. Investment in real estate syndication increased as the economy strengthened. Given the difficulties involved with TICs, DSTs are now frequently regarded as the preferred way of fractional real estate ownership.

The Distinction Between DSTs and TICs

For long-time real estate investors, DSTs are a relatively new notion. Instead, tenant-in-common real estate investments, or TICs, are more commonly known to long-term investors. Both TICs and DSTs allow people to invest fractionally in real estate. They can both be combined with 1031 exchanges. As a result, it is understandable why some individuals mistake TICs for DSTs. There are, however, some significant differences between the two.

The degree of investor involvement is a key area of distinction. The co-owners of a TIC are typically more actively involved in managing the property on a day-to-day basis, including property management. DSTs are really passive investments in which the sponsor manages the transaction on the part of the investors.

The need for unanimous co-owner approval for all significant actions is one of the reasons management of TICs may be so difficult. In actuality, this is one of the difficulties that prompted the development of DSTs. Many investors were put off by the unanimous approval needed for TICs, and those who had previously invested in TICs encountered difficulties.

Another difference between TICs and DSTs is how they hold title to the property. Each TIC co-owner has a little portion of the property's title. Individual investors do not actually own the real estate asset; instead, the DST does. In terms of financing, this has consequences. The individual co-owners of a TIC are liable for any debt used to fund the property, whether for acquisition or upgrades. This makes it necessary for lenders to individually vet each borrower, which can be time-consuming for most of them and make it challenging to finance real estate held in TICs. Since the asset is solely held by the DST on behalf of the investors in a trust arrangement, DST investors do not directly incur debt.

TICs and DSTs also differ in terms of the number of investors authorized to participate. In contrast to DSTs, which are limited to 499 individual investors, TICs are only permitted to have 35 investors (or "co-owners").

Finally, the minimum investment for DSTs is typically lower than that of TICs because more investors can engage in them. Compared to DSTs, which typically permit contributions as little as $100,000, many TICs need at least a $500,000 commitment (or sometimes less).

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How are DSTs Used by Investors?

An investor can benefit from the advantages DSTs provide in one of two ways. Investing with funds from a 1031 exchange is the first and most common method. Direct cash investment into a DST is the alternative.

1031 Exchanges
Traditionally, an investor wanting to avoid paying capital gains tax on the sale of a real estate asset will perform a 1031 exchange and utilize the profits from the sale to invest in another "like kind" asset. However, there are stringent rules for 1031 exchanges. In accordance with current regulations, for instance, investors must:

Find a potential replacement property within 45 days of the sale. Close on the replacement property(s) within 180 days of the sale. Reinvest 100% of net sales proceeds, also known as equity, into the replacement property. Acquire an equal or greater amount of debt on the replacement property.
It can be challenging to meet these requirements, especially in the competitive real estate market of today.

DSTs are a 1031 exchange alternative for "whole property."

Investors can instead transfer the money received from the sale of their property into a DST. The investor will thereafter possess proportionally fractional ownership in the property (or properties) owned by the DST. DSTs are already in place (or "pre-packaged," if you prefer) and prepared to receive investors, enabling someone selling their property to typically move fast in conformity with the IRS's 1031 exchange standards. All due diligence on the actual estate is already complete. Additionally, under present law, the profits from the sale of the investors' property will be eligible for the same capital gains tax deferral as if the investors had invested via a whole property 1031 exchange.

Investors occasionally combine methods by purchasing both a DST and a full property. When an investor discovers a suitable replacement property (or properties), it frequently happens that they still have extra money from the sale of their former asset. To fully benefit from the present law's 1031 exchange benefits, the investor may use the remaining sales proceeds and invest that money in a DST.

Investments in Direct Cash
Accredited investors can purchase DSTs without selling any of their own properties. This is a fantastic option for individuals who want to start investing in diversified passive real estate. There is often a $25,000 minimum investment requirement for direct cash investments in most DSTs. Accredited investors seeking access to institutional-quality and other high-value real estate that they would not be able to afford on their own would find this to be a particularly appealing alternative.

Potential Rewards of DST Investment

There are several potential benefits of investing in a DST, several of which are described below:

Capital preservation tool: As previously mentioned, DSTs offer investors an excellent option to postpone paying capital gains tax on the revenues from the sale of their other real estate. They can get the same advantages by investing in a DST as opposed to performing a "whole property" 1031 exchange. According to existing law, investors can reinvest in another DST or sole-ownership property to continue postponing paying capital gains taxes indefinitely after the DST program expires or the asset is sold.
Quickness: Finding a suitable like-kind property to buy within constrained IRS timeframes is typically the main obstacle for people attempting to complete a standard 1031 exchange. This is especially true in the competitive real estate market of today, where there aren't as many "bargains" to be found. Investors still need to perform extensive due research on every potential opportunity, and it can frequently be difficult to discover a property that satisfies their investment criteria within the allotted time. DSTs provide pre-investment-ready real estate that has previously undergone a rigorous review. This enables sellers to move fast while continuing to benefit from the tax advantages of a 1031 exchange.
Additional inventory to take into account: Many investors who are looking to complete a 1031 exchange find themselves under pressure to trade up into a property that they otherwise might not buy because of the 1031-time restrictions. When you invest in a DST, you have access to a larger selection of properties, including those that have undergone comprehensive inspection by some of the top players in the market. This can assist lower the likelihood of making a "poor" investment for folks who might otherwise make a quick decision given timeline pressures.
No need for active management: Those who use a standard 1031 exchange to trade-up into a better value asset are still responsible for managing the real estate. Instead, customers who invest their sale proceeds into a DST transfer management duties to the DST's sponsor, who manages the real estate holdings on their behalf. As a result, an investor can convert real estate that they actively own and control into 100% passive real estate.
Less expensive to finance and no personal liability for DST debt: Unlike TICs, investors in DSTs are not held personally responsible for any debt incurred in connection with the asset. The sponsor is the only party accountable to the lenders. Real estate held in DSTs is also simpler to finance since, unlike with TICs, the lender simply underwrites the sponsor, which is often a sizable, renowned institutional real estate corporation with a proven track record.
Access to institutional-quality assets: Due to the price and funding required to invest in higher-quality real estate, those who directly purchase property are frequently restricted to assets of a specific caliber. Given its fractional ownership format, a DST enables those wishing to invest in assets of institutional quality. An ordinary investor can acquire a tiny stake in a high-quality asset through a DST, which lowers entry barriers.
Diversification: A variety of DST real estate investments, including multifamily, storage space, office, and NNN leases, are available to investors from different DST sponsors. Additionally, you can invest in a specific type of DST, like multifamily, across a number of different geographic areas of the nation, increasing the likelihood that other locations won't experience a downturn in their local economies or, at the very least, lowering the likelihood that they will due to diversification.

Conclusion

As you can see, there are a lot of reasons why an investor should think about making a DST-based real estate investment. For investors seeking to fully benefit from advantages normally associated with conventional 1031 exchanges, the DST model offers exceptional flexibility, opportunity, and investment variety.

Additionally, investors can close on DST investments rapidly — frequently in a matter of days. Therefore, investing in a DST can be a terrific alternative whether you're an accredited investor looking to deploy your funds for the first time or someone who has a strict deadline to do so after a 1031 sale.

Are you eager to discover more about DSTs? Contact us today at Perch Wealth to discover more about our current DST real estate offers and how we might possibly help you.

General Information
neither a buy-side nor a sell-side solicitation of securities. The material presented here is purely for informational purposes and shouldn't be used to guide financial decisions. Every investment has the chance of losing some or all of the money. Future outcomes cannot be predicted based on past performance. Prior to investing, consult a financial or tax expert.

Financial products made available by Emerson Equity LLC Member: SIPC/FINRA. Only accessible in states where Emerson Equity LLC has a recognized business presence. There are no other organizations mentioned in this correspondence with whom Emerson Equity LLC is associated.

1031 Risk Disclosure: * There is no assurance that any strategy will be effective or achieve investment goals; * Property value loss is a possibility for all real estate investments over the course of ownership; * Tax status may change depending on the income stream and depreciation schedule for any investment property. All funded real estate investments have the risk of going into foreclosure; adverse tax rulings may prevent capital gains from being deferred and result in immediate tax liability;
1031 exchanges are illiquid assets since they are frequently issued through private placement offerings. There is no secondary market for these investments. * Reduction or Elimination of Monthly Cash Flow Distributions - Similar to any real estate investment, the possibility of suspension of cash flow distributions exists in the event that a property unexpectedly loses tenants or suffers significant damage;

The impact of fees and expenses - The costs of the transaction could have an influence on investors' returns and even surpass the tax advantages.