Acquisitions

By Louis Rogers of Capital Square Navigating the complex tax rules of a Section 1031 exchange can be a complicated experience. For many, investing in a Delaware Statutory Trust, or DST replacement property, simplifies and streamlines the process so that more investors can enjoy the benefits of Section 1031. Introduction to Section 1031 Exchanges Section 1031 of the Internal Revenue Code, commonly referred to as a “tax-deferred exchange,” provides for the complete deferral of federal and state taxes on the sale of investment real estate. The seller must reinvest the net sale proceeds into a qualifying replacement property, which can be any type of real property. The gain that would have been recognized in a taxable sale is deferred until the replacement property is sold in a taxable transaction. Section 1031 has been in the tax code since 1921. Historically, most exchangers have acquired a “whole” property, meaning they acquired an entire replacement property. However, starting in 2002, many exchangers have acquired a fractionalized interest in their replacement property, first using the Tenant in Common (TIC) structure and, more recently, the DST structure. Instead of acquiring a whole property, they acquire a fractionalized interest or a percentage of a replacement …