Choosing Between DSTs and TICs: What Sets Delaware Statutory Trusts Apart in Real Estate Investing?

For accredited investors looking to diversify their real estate portfolios, Delaware Statutory Trusts (DSTs) offer an appealing choice amongst other considerations. Understanding the nuances of DSTs, their history, and how they differ from other investment structures like Tenant-In-Common (TIC) arrangements is crucial for making informed decisions.

What is a Delaware Statutory Trust (DST)?

A DST is a legal structure that allows investors to own a fractional interest in real estate. Its attractiveness lies in its eligibility for 1031 exchanges, allowing investors to defer capital gains tax by reinvesting proceeds from property sales into a DST. Typically, national real estate companies sponsor DSTs, offering them to accredited investors through broker-dealers.

The Evolution of DSTs

The journey of DSTs began in the early 2000s when real estate sponsors sought IRS guidelines for TICs to qualify for 1031 exchanges. However, TICs posed challenges, such as unanimous consent requirements for decision-making. This led to the rise of DSTs, which offered more flexibility. In 2004, the IRS issued a ruling that cemented DSTs' role in 1031 exchanges, marking a significant milestone for the real estate syndication industry.

Differences Between TICs and DSTs

While TICs and DSTs both enable fractional real estate investment and 1031 exchange eligibility, they have distinct differences:

• Investor Involvement: TIC co-owners often engage in property management, whereas DSTs offer a hands-off approach with the sponsor managing the investment.
• Decision-Making: TICs require unanimous consent for major decisions, which can be cumbersome. DSTs streamline this process, eliminating the need for unanimous investor agreement.
• Title Holding: In TICs, each investor holds a fractional title to the property. In contrast, a DST holds the title, and investors own beneficial interests in the trust.
• Liability: TIC investors are liable for property-related debt, affecting their personal credit and financial risk. DST investors, however, are shielded from direct liability, as the debt is held at the trust level.
• Number of Investors: TICs are limited to 35 investors, whereas DSTs can accommodate up to 499, offering greater participation opportunities.
• Minimum Investment: Typically, TICs require higher minimum investments, often around $500,000, while DSTs can have lower thresholds, sometimes as low as $100,000.

Investing in DSTs

Investors can tap into DSTs through 1031 exchanges or direct cash investments. The benefits of DSTs include:

• Tax Efficiency: DSTs serve as a tool for deferring capital gains tax, allowing for reinvestment in other real estate ventures.
• Quick Transactions: The pre-packaged nature of DSTs aligns with the tight deadlines of 1031 exchanges, offering a swift investment alternative.
• Access to Premium Assets: DSTs open doors to institutional-grade real estate, which might be inaccessible for individual investors due to high entry barriers.
• Passive Ownership: Investors in DSTs are relieved from the burdens of active property management, making it an attractive option for those seeking a hands-off investment.
• Diversification: With a variety of property types and locations available, DSTs provide a means to spread investment risk across different real estate markets.

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DSTs stand out as a flexible and beneficial vehicle for real estate investment, particularly for those leveraging 1031 exchanges. The clear distinctions between DSTs and TICs highlight the advantages of DSTs, such as reduced investor liability, simplified decision-making, and access to high-quality assets. For accredited investors contemplating real estate diversification, DSTs offer a pathway to passive ownership and portfolio expansion.

If you're intrigued by the potential of DST investments or have questions about their integration into your investment strategy, reach out to us at Wealthstone Group. Our expertise in DST real estate investing is at your disposal to guide you through the intricacies and opportunities of this investment avenue.