Attorney Jonathan Kinney at BK&K PC was quoted in BKK Wills, Trusts & Estates News Letter in the November 2013 ‘1031 Exchanges with a Twist’ “The main advantage of the Delaware Statuary Trust (DST) is that you can identify the trust’s real estate as one of the three replacement properties by the end of the 45-day period for a 1031 Exchange. The trust can serve as a backup if the preferred exchanges are unable to be consummated for any reason during the statutory period. In other words, the Delaware Statutory Trust can be an effective back stop in a 1031 Exchange.”
A Delaware Statutory Trust (DST) is a separate legal entity created as a trust under Delaware statutory law, which permits a very flexible approach to the design and operation of the entity. Investors in a DST own a pro rata interest in the trust and have the right to receive distributions from the operation of the trust, either from rental income, or from the eventual sale of the property.
For the purposes of a 1031 tax-deferred exchange, the purchase of a beneficial interest in a DST is treated as a direct interest in real estate, thus satisfying that requirement of IRS Revenue Ruling 2004-86. (An IRS Revenue Ruling, unlike an IRS Revenue Procedure, may be relied upon by other taxpayers in defense of a 1031 exchange position).
CrowdPay is an FDIC insured bank account that you can use to purchase investment opportunities. You fund your CrowdPay account by ACH or wire transfer. All future dividends, interest payments, as well as revenue sharing payments will be placed into your CrowdPay account. You have the option to transfer funds into the account, withdraw funds from the account, or purchase additional assets at any time.
The account is held by GoldStar Trust Company, a trust only branch of Happy State Bank, and cash that accumulates in your new CrowdPay account is FDIC insured. Please follow the below link for additional important information regarding your CrowdPay account.Learn More