Delaware Statutory Trust Complete Guide
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Delaware Statutory Trust (DST): Complete Guide for Real Estate Investors

Everything you need to know about Delaware Statutory Trusts, from how they work to investment strategies for 1031 exchanges.

By Thomas WallPartner at Anchor1031

Key Takeaway

A Delaware Statutory Trust (DST) is a legal entity that holds title to investment real estate, allowing multiple accredited investors to own fractional interests in institutional-grade commercial properties. DSTs qualify as like-kind replacement property for 1031 exchanges under IRS Revenue Ruling 2004-86, making them popular for investors seeking to defer capital gains taxes while transitioning to passive ownership.

DST investments involve risks including illiquidity, lack of control, and sponsor dependency. This article provides educational information only. Consult your tax advisor and investment professionals before making investment decisions.

For real estate investors seeking passive income and tax-advantaged wealth preservation, Delaware Statutory Trusts (DSTs) have emerged as a powerful investment vehicle, particularly for those completing 1031 exchanges. A Delaware Statutory Trust provides fractional ownership in institutional-grade commercial properties while eliminating the day-to-day responsibilities of property management. Understanding what a Delaware Statutory Trust is and how it works can help investors make informed decisions about whether this passive real estate investment structure aligns with their financial goals.

What is a Delaware Statutory Trust?

DST Definition and Legal Structure

A Delaware Statutory Trust is a legal entity formed under Delaware state law that holds title to investment real estate. When investors purchase beneficial interests in a Delaware Statutory Trust, they receive fractional ownership of the underlying property while the trust itself holds legal title. This structure allows multiple accredited investors to pool capital and acquire properties that would typically be out of reach for individual investors.

The trust structure provides several key advantages. First, investors receive direct ownership interests in the real estate, which qualifies them for 1031 exchange treatment under IRS guidelines. Second, the Delaware Statutory Trust structure separates beneficial ownership from legal title, allowing professional sponsors to manage the property while investors receive passive income distributions and tax benefits. What makes a Delaware Statutory Trust particularly attractive is that it's designed as a passive investment structure, ensuring DST investors remain passive beneficiaries critical for maintaining 1031 exchange eligibility.

History: IRS Revenue Ruling 2004-86

The modern DST investment structure was born in 2004 when the IRS issued Revenue Ruling 2004-86, which confirmed that Delaware Statutory Trust interests qualify as like-kind replacement property for 1031 exchanges. This ruling transformed the 1031 exchange landscape by providing investors with a streamlined path to defer capital gains taxes while transitioning from active to passive real estate ownership.

Prior to this ruling, investors' options for passive ownership were limited to TICs and NNN properties. Both of which have their limitations as we have discussed here: https://anchor1031.com/resources/education/1031-legal-structures-dst-tic-qof The Revenue Ruling enabled sponsors to create pre-packaged Delaware Statutory Trust offerings, allowing investors to complete exchanges more efficiently and access institutional-quality properties across diverse markets and asset classes.

How Delaware Statutory Trusts Work

DST Investment Process Step-by-Step

Here is how a Delaware Statutory Trust comes to market. First, a sponsor identifies and acquires a commercial property, typically an institutional-grade asset such as a multifamily community, medical office building, or industrial facility. The sponsor then creates a Delaware Statutory Trust and transfers legal title to the trust entity.

Next, the sponsor offers beneficial interests in the Delaware Statutory Trust to accredited investors through a private placement memorandum (PPM). Investors commit capital, typically in minimum increments of $100,000 to $250,000. Once the offering closes, investors become beneficial owners with fractional interests proportional to their investment. Throughout the hold period, which typically ranges from five to ten years, the sponsor manages the property, collects potential rental income, and distributes net cash flow to investors who receive regular distributions and annual K-1 tax documents.

Role of the Sponsor/Trustee

The sponsor serves as the trustee and manager of the Delaware Statutory Trust, holding substantial responsibility for the investment's success. Sponsors handle all property management duties, including tenant relations, lease negotiations, maintenance, capital improvements, and day-to-day operational decisions. They also manage financing relationships and make strategic decisions about when to sell the property.

Sponsors typically charge several types of fees: acquisition fees (usually 1-3% of the purchase price), annual asset management fees (typically 0.5-2% of invested capital), and disposition fees (often 1-3% of the sale price) upon property sale. The sponsor's track record, property selection criteria, and fee structures are critical evaluation points for potential investors.

Investor's Role and Rights

DST investors are passive beneficiaries with no management authority or decision-making rights regarding the property. This passivity is intentional and necessary to maintain the Delaware Statutory Trust structure's compliance with IRS regulations for 1031 exchange qualification. Investors cannot vote on property management decisions, refinancing, or sale timing.

Investors do receive several important rights, including the right to receive distributions from net operating income, the right to receive their proportional share of proceeds upon property disposition, and the right to receive complete financial and operational reporting. Additionally, investors maintain direct ownership of their beneficial interest, which provides 1031 exchange eligibility and allows for depreciation pass-through benefits.

DST Investment Structure

Minimum Investment Requirements

Delaware Statutory Trust offerings typically require minimum investments ranging from $25,000 to $100,000, with many sponsors setting minimums at $50,000 or $100,000. These minimums allow investors to diversify across multiple DST properties with manageable capital commitments, making institutional-grade real estate accessible to individual accredited investors. Most DST investments are available only to accredited investors, defined as individuals with either $200,000 in annual income ($300,000 for married couples) or $1 million in net worth (excluding primary residence).

Fractional Ownership Explained

Fractional ownership in a Delaware Statutory Trust means that each investor owns a percentage interest in the entire property, calculated based on their capital contribution relative to the total equity raised. This fractional ownership structure differs from tenants-in-common (TIC) arrangements, where investors own specific, undivided fractional interests in the real property itself. The Delaware Statutory Trust structure provides more operational flexibility and clearer passive treatment, making it more suitable for 1031 exchanges where investors must avoid active management to maintain tax deferral benefits. However, investors cannot sell or transfer their fractional interest to third parties easily, as there's no established secondary market for most DST interests.

Investment Timeline and Hold Periods

Delaware Statutory Trust investments typically have hold periods ranging from five to ten years, though some may extend longer. During this period, the sponsor manages the property and distributes net cash flow to investors. The sponsor has discretion over when to sell the property, with the sale timing typically influenced by market conditions, lease expirations, or other strategic considerations. Investors should understand that they're committing capital for the duration of the hold period, with limited ability to exit early. Unlike publicly traded REITs or stocks, DST interests cannot be sold on an exchange.

FeatureTypical RangeNotes
Minimum Investment$25,000 - $100,000Most common: $50,000 - $100,000
Hold Period5 - 10 yearsSome may extend longer
Investors Per DST50 - 500Varies by offering size
Distribution FrequencyMonthly or QuarterlyDistributions not guaranteed
Investor AccreditationRequired$200k income or $1M net worth
1031 Exchange EligibleYesPer IRS Revenue Ruling 2004-86

Delaware Statutory Trust for 1031 Exchange

Why DSTs Are Popular for 1031 Exchanges

Delaware Statutory Trust investments have become the preferred replacement property option for many 1031 DST exchange investors, particularly those transitioning from active property management to passive ownership. The primary appeal lies in the structure's ability to meet 1031 exchange requirements while eliminating management responsibilities and providing access to institutional-grade properties.

Traditional 1031 exchanges require investors to identify and purchase replacement properties within 45 days and close within 180 days of selling their relinquished property. Finding suitable replacement properties, negotiating deals, conducting due diligence, and arranging financing within these tight deadlines can be extremely challenging. Delaware Statutory Trust offerings are pre-packaged, eliminating much of this complexity and allowing investors to complete exchanges more efficiently. Additionally, Delaware Statutory Trust investments give 1031 investors the ability to diversify that would be difficult to achieve with direct property purchases.

How DSTs Satisfy 1031 Requirements

The IRS Revenue Ruling 2004-86 confirmed that beneficial interests in a Delaware Statutory Trust qualify as like-kind replacement property for 1031 exchanges because investors receive direct ownership interests in real estate. To maintain 1031 exchange qualification, DST investors cannot have authority to make management decisions, approve budgets, vote on significant matters, or otherwise participate in property operations. The sponsor, as trustee, makes all operating decisions.

The Delaware Statutory Trust must also meet standard 1031 exchange requirements: the replacement property value must equal or exceed the relinquished property value, and all cash from the sale of the relinquished property must be reinvested in the replacement property. Investors should work with qualified intermediaries and tax advisors to ensure their specific purchases meet all IRS requirements.

Timing Advantages (45/180 Day Rules)

The timing advantages of using a Delaware Statutory Trust for 1031 exchanges are significant. The 45-day identification period begins when the relinquished property closes, and investors must identify replacement properties in writing by day 45. Since DST offerings are pre-packaged and ready for investment, investors can identify specific Delaware Statutory Trust properties immediately, avoiding the need to search for available properties during this critical window.

The 180-day exchange completion deadline begins simultaneously with the 45-day identification period, giving investors 135 days after identification to close on replacement properties. Delaware Statutory Trust investments typically close within 30-90 days of commitment, well within the remaining timeline. This predictability contrasts with traditional property purchases, where closing timelines can be uncertain due to financing, inspections, or negotiation delays.

DST Real Estate Investment Types

Delaware Statutory Trust investments span multiple commercial real estate sectors. For current opportunities and sponsor profiles, see our DST investments 2026 guide.

Multifamily DST Properties

Multifamily Delaware Statutory Trust properties, including apartment communities and condominium developments, represent one of the most popular DST asset classes. These properties benefit from steady rental income, relatively short lease terms that allow rent adjustments with market conditions, and demographic-driven demand from population growth and household formation. Multifamily DST properties have historically offered distribution rates in the 4-6% range, with the potential for appreciation upon disposition. Distribution rates are not guaranteed and may vary. The multifamily sector's appeal stems from its relatively stable cash flow compared to other commercial real estate types, as residential demand tends to be more resilient during economic downturns.

Medical Office DSTs

Medical office buildings have become increasingly popular Delaware Statutory Trust investments due to their stability, long-term lease structures, and demographic tailwinds from aging populations and healthcare utilization growth. Medical office DST properties often feature triple-net lease (NNN) structures where tenants pay base rent plus operating expenses, property taxes, and insurance. These properties typically house primary care practices, specialty medical services, outpatient surgery centers, or diagnostic facilities. Tenants are often healthcare systems or established medical practices with strong credit profiles and long lease terms, sometimes extending 10-15 years with renewal options.

Industrial and Warehouse DSTs

Industrial and warehouse properties have experienced strong demand driven by e-commerce growth, supply chain optimization, and the need for distribution and logistics facilities. Industrial Delaware Statutory Trust investments typically include warehouses, distribution centers, manufacturing facilities, and flex space properties serving diverse tenant bases. These properties often feature long-term leases with creditworthy tenants, triple-net lease structures, and modern facilities designed for logistics efficiency. Distribution rates for industrial Delaware Statutory Trust properties have historically ranged from 4-6%. Distribution rates are not guaranteed and may vary based on property performance.

Net Lease DST Properties

Net lease Delaware Statutory Trust properties, particularly single-tenant retail and office buildings with triple-net lease structures, offer investors predictable income streams with minimal management responsibilities. In triple-net lease arrangements, tenants pay all operating expenses, including property taxes, insurance, and maintenance, in addition to base rent, creating truly passive investments. Net lease DST properties often feature investment-grade tenants such as national retail chains, fast-food restaurants, drugstores, or dollar stores, providing strong credit support for rental income. Lease terms typically extend 10-20 years with built-in rent escalations. Distribution rates for net lease DST properties have historically ranged from 5-7%. Distribution rates are not guaranteed.

Benefits of DST Investments

Passive Income Without Management

One of the primary benefits of Delaware Statutory Trust investments is truly passive income without property management responsibilities. Investors receive regular cash distributions from net operating income while the sponsor handles all operational duties, including tenant relations, maintenance, lease administration, and property improvements. The passive nature of Delaware Statutory Trust investments makes them ideal for investors transitioning from active property management to retirement, professionals seeking to diversify into real estate without adding another job, or high-net-worth individuals seeking portfolio diversification without operational involvement. This passivity also enables investors to own real estate across multiple markets and asset classes simultaneously.

Portfolio Diversification

Delaware Statutory Trust investments enable portfolio diversification across multiple dimensions. Investors can diversify across asset classes (multifamily, industrial, medical office, net lease retail), geographic markets (different cities, states, or regions), property types, and sponsors (different management teams with varying strategies and expertise). This diversification reduces concentration risk compared to owning a single property in one market with one tenant base. For 1031 exchange investors, this diversification is particularly valuable because they can allocate exchange proceeds across multiple Delaware Statutory Trust properties rather than committing all capital to a single replacement property.

Access to Institutional-Grade Properties

Delaware Statutory Trust investments provide individual accredited investors with access to institutional-grade commercial properties that would typically require millions of dollars in capital and institutional relationships to acquire directly. These properties often feature strong locations, creditworthy tenants, modern facilities, and professional management. Institutional-grade properties offer several advantages over smaller commercial properties available to individual investors, including stronger tenant credit profiles, longer lease terms, more predictable cash flows, better property locations, and more professional property and asset management which is important when your tenant is a publicly traded company with an experienced legal team.

Risks and Drawbacks of DSTs

Understanding DST investment risks is essential for making informed decisions. Here are the primary concerns investors should evaluate.

Lack of Control

Perhaps the most significant drawback of Delaware Statutory Trust investments is the complete lack of investor control over property management decisions. Investors cannot influence property operations, approve capital improvements, select property management companies, or make decisions about when to sell the property. All decisions rest with the sponsor as trustee, and investors must trust the sponsor's judgment and expertise. This lack of control means that if an investor disagrees with decisions relating to lease negotiations, capital improvement strategies, or disposition timing, they have no recourse other than holding their investment until the sponsor decides to sell. Unlike publicly traded securities where investors can vote on major decisions or sell their shares if they disagree with management, DST investors are locked into the sponsor's decisions for the duration of the hold period.

Illiquidity Concerns

DST investments are illiquid, meaning investors typically cannot sell their interests until the sponsor disposes of the underlying property, which may take five to ten years or longer. Unlike publicly traded REITs or stocks that can be sold on exchanges within days, DST interests have no established secondary market, making early exit extremely difficult. Some platforms offer DST secondary market access, but these markets are limited, may involve significant discounts to net asset value, and may not have buyers available when investors want to sell. Investors should assume they're committing capital for the entire hold period and should only invest funds they won't need for other purposes during that time.

Fee Structures

Delaware Statutory Trust investments involve multiple layers of fees that reduce investor returns. For a comprehensive breakdown, see our DST fees and debt analysis. Sponsors typically charge acquisition fees (1-3% of purchase price), annual asset management fees (0.5-2% of invested capital), property management fees (2-5% of gross income), and disposition fees (1-3% of sale price). These fees, combined with other expenses, can significantly impact net returns. The cumulative impact of fees over a 5-10 year hold period can be substantial. For example, annual fees of 2-3% of invested capital, combined with acquisition and disposition fees, can reduce total returns by several percentage points over the investment lifecycle. Investors should compare fee structures across different Delaware Statutory Trust offerings and factor fees into their return expectations and due diligence analysis.

DST vs Other Investment Structures

DST vs REIT Comparison

Delaware Statutory Trust investments differ from Real Estate Investment Trusts (REITs) in several important ways. For a detailed analysis, see our DST vs REIT comparison guide. REITs are publicly traded or privately held companies that own real estate portfolios, while DSTs are trust structures holding individual properties. REIT investors own shares in the company, while DST investors own beneficial interests in specific real estate. A critical difference for 1031 exchange investors is that REIT shares do not qualify as like-kind replacement property for 1031 exchanges because REIT shares are securities, not direct real estate interests. Delaware Statutory Trust beneficial interests do qualify because they represent direct ownership in real estate, making DSTs the appropriate choice for investors seeking 1031 exchange tax deferral. REITs typically offer greater liquidity since publicly traded REITs can be bought and sold on stock exchanges, while Delaware Statutory Trust investments are illiquid until property disposition.

DST vs TIC (Tenancy in Common)

Delaware Statutory Trust structures and Tenancy-in-Common (TIC) arrangements both enable fractional ownership in commercial real estate, but they differ in important ways. TIC structures involve direct co-ownership of real property by multiple investors, while DST structures use a trust entity that holds legal title while investors hold beneficial interests. The Delaware Statutory Trust structure provides clearer passive treatment and operational flexibility compared to TIC arrangements. TIC structures require careful management to maintain passive status for 1031 exchanges, as too much investor control or decision-making authority can disqualify the structure. DST structures are designed from the outset to ensure investor passivity and maintain 1031 exchange eligibility.

DST vs Direct Property Ownership

Delaware Statutory Trust investments offer a fundamentally different ownership experience compared to direct property ownership. Direct ownership provides complete control over property management, tenant selection, capital improvements, financing decisions, and disposition timing. DST investments provide no control, with all decisions made by the sponsor. Direct property ownership requires active management, including tenant relations, maintenance coordination, lease negotiations, and day-to-day operational decisions. Delaware Statutory Trust investments provide completely passive ownership with no management responsibilities. Direct ownership typically requires larger capital commitments since investors must purchase entire properties, while Delaware Statutory Trust investments allow fractional ownership with minimum investments as low as 100,000.

FactorDSTREITTICDirect Property
1031 Exchange EligibleYesNoYesYes
LiquidityVery LowHigh (Public)Very LowMedium
Investor ControlNoneNoneLimitedFull
Minimum Investment$25K-$100KAny Amount$300K-$1M$100K+
Management RequiredNoneNoneMinimalActive
DiversificationSingle PropertyPortfolioSingle PropertySingle Property
Tax ReportingK-1/10991099-DIVK-1Schedule E

DST Pros and Cons Summary

Pros

  • 1031 exchange eligible for tax deferral
  • Truly passive - no management responsibilities
  • Access to institutional-grade properties
  • Lower minimums vs direct property purchase
  • Portfolio diversification across properties
  • Professional sponsor management
  • Estate planning friendly (step-up basis)

Cons

  • Illiquid - 5-10 year hold period typical
  • No investor control over decisions
  • Multiple fee layers reduce returns
  • Sponsor dependency risk
  • Accredited investors only
  • Complex tax reporting (K-1s)
  • Distributions not guaranteed

Delaware Statutory Trust investments offer compelling benefits for certain investors, including passive income, portfolio diversification, access to institutional-grade properties, and 1031 exchange qualification. However, they also involve significant limitations, including lack of control, illiquidity, fee structures, and dependence on sponsor performance.

DST investments are best suited for accredited investors seeking passive real estate exposure, particularly those completing 1031 exchanges who want to transition from active property management to passive ownership. They're also appropriate for investors with sufficient capital to build diversified portfolios across multiple DST properties and time horizons that accommodate 5-10 year hold periods.

Delaware Statutory Trust investments are not suitable for investors who require control over property management decisions, need liquidity, want to actively manage their real estate investments, or have short-term investment horizons.

How to Invest in a Delaware Statutory Trust

Accredited Investor Requirements

Most Delaware Statutory Trust investments are available only to accredited investors under Securities and Exchange Commission regulations. Accredited investor status requires either annual income of $200,000 ($300,000 for married couples) for the past two years with expectation of continued income, or net worth exceeding $1 million excluding primary residence value. These requirements reflect the private placement nature of DST offerings, which are exempt from public securities registration requirements. Sponsors must verify accredited investor status before accepting investments, typically requiring investors to complete questionnaires and provide financial documentation demonstrating they meet the accredited investor criteria.

Finding DST Sponsors

Investors can access Delaware Statutory Trust investments through several channels. Registered investment advisors and broker-dealers often offer DST investments to their clients, providing access to vetted offerings from established sponsors. Online platforms and marketplaces provide another access point, offering databases of available DST offerings with property details, sponsor information, and investment terms. Browse current DST offerings to see available opportunities. Working through brokers often provides access to multiple sponsor offerings, comparison capabilities, and additional due diligence resources that may not be available when working directly with individual sponsors.

Due Diligence Checklist

Thorough due diligence is essential before investing in any Delaware Statutory Trust offering. Investors must review the private placement memorandum, which contains detailed information about the property, sponsor, investment terms, fee structures, risks, and legal considerations. They should also review property financial statements, lease agreements, market analyses, and sponsor track records.

Key due diligence areas include sponsor experience and track record across multiple market cycles, property location and market fundamentals, tenant credit quality and lease terms, fee structures and their impact on returns, debt structure and leverage ratios, and alignment of sponsor interests with investor interests through sponsor co-investment. Investors should also consult with tax advisors, qualified intermediaries for 1031 exchange compliance, and legal counsel to review offering documents.

DST Returns and Performance

Typical Distribution Rates

Delaware Statutory Trust investments typically offer distributions which are typically paid to investors monthly. These rates rare expressed as a percentage of invested capital, calculated after payment of operating expenses, debt service, and sponsor fees. Distribution rates vary based on property type, location, leverage, tenant credit quality, and lease structures.

Multifamily and industrial DST properties have historically offered distribution rates in the 4-6% range. Net lease properties with strong tenant credit and long lease terms have historically offered rates in the 5-7% range. Medical office properties have historically fallen in the 5-6% range. Investors should understand that distribution rates are not guaranteed and can change based on property performance, market conditions, tenant issues, or capital improvement needs.

Historical Performance Data

Historical performance data for Delaware Statutory Trust investments is limited compared to publicly traded securities, as DST offerings are private placements with limited public reporting requirements. However, sponsors with longer track records can provide data on completed investments including initial investments, distributions paid, sale proceeds, and total returns.

Investors should request sponsor track records showing completed DST investments with entry dates, total distributions received, exit dates, sale proceeds, and calculated internal rates of return or total returns. This data helps evaluate sponsor performance, though past performance doesn't guarantee future results and individual property performance will vary.

Factors Affecting Returns

Multiple factors influence Delaware Statutory Trust investment returns, including property location and market fundamentals, tenant credit quality and lease terms, property management effectiveness, leverage and debt structure, sponsor expertise and decision-making, and broader economic and real estate market conditions.

Property location significantly impacts performance, as properties in strong markets with job growth, population increases, and limited new supply typically outperform those in weaker markets. Tenant credit quality affects income stability, as creditworthy tenants are more likely to fulfill lease obligations even during economic stress. Sponsor expertise affects property selection, management decisions, and disposition timing, making sponsor selection one of the most important factors in DST investment success.

Tax Considerations for DST Investments

How DST Income is Taxed

Delaware Statutory Trust investments generate taxable income that flows through to investors, typically reported annually on Schedule K-1 tax documents. Investors receive their proportional share of property income, deductions, depreciation, and other tax items, which they report on their individual tax returns. This pass-through taxation means the DST itself doesn't pay entity-level taxes; investors pay taxes at their individual rates.

DST income is typically characterized as rental income, which is generally taxed as ordinary income at investors' marginal tax rates. However, depreciation deductions can offset a portion of this income, reducing current tax liability. Investors may also receive distributions that exceed taxable income due to depreciation benefits, creating tax-advantaged cash flow.

Tax Reporting

Investors receive annual tax documents from Delaware Statutory Trust sponsors, with the form type depending on the DST's structure. Most DSTs elect grantor trust status (disregarded for tax purposes), providing investors with a Form 1099 or substitute statement for each property they hold an interest in. These documents detail the investor's pro-rata share of rental income, expenses, mortgage interest, management fees, and depreciation, all reported on Schedule E of Form 1040.

Some DSTs structured as partnerships issue Schedule K-1 forms instead, reporting rental income as ordinary income along with depreciation deductions and passive losses.

In either case, DSTs operate as pass-through entities, meaning income, expenses, deductions, and credits flow directly to investors' personal tax returns without entity-level taxation. Investors with DST holdings in multiple states may need to file state tax returns depending on income thresholds. Sponsors typically prepare and send these tax documents by standard tax deadlines. Investors should review all documents for accuracy and may benefit from working with a tax professional familiar with real estate investments.

Depreciation Benefits

Depreciation is a significant tax benefit of Delaware Statutory Trust investments, allowing investors to deduct a portion of the property's cost basis annually even though the property may be maintaining or increasing in value. Commercial properties are typically depreciated over 39 years using straight-line depreciation.

This depreciation creates "paper losses" that offset rental income, reducing current tax liability while investors receive cash distributions. In some cases, depreciation may exceed rental income, creating net tax losses that can offset other income sources, subject to passive activity loss rules for most investors.

Depreciation benefits are recaptured upon property sale, meaning that depreciation deductions reduce the property's tax basis and increase taxable gain when the property is sold unless investors complete another 1031 exchange. For more information on exit options, see our guide on DST exit strategies, including 721 UPREIT exchanges.

Frequently Asked Questions About DSTs

What is the minimum investment in a Delaware Statutory Trust?

Minimum investments typically range from $100,000 to $250,000, with some as low as $50,000. These minimums enable investors to build diversified portfolios by investing in multiple DST properties.

Can I sell my DST interest?

DST interests are illiquid and typically cannot be sold until the sponsor disposes of the underlying property, which may take five to ten years. Some platforms offer secondary market access, but liquidity is limited and may involve discounts to net asset value.

How do DST distributions work?

Sponsors distribute net operating income to investors, typically monthly or quarterly, after payment of operating expenses, debt service, and sponsor fees. Distribution rates vary based on property performance and are not guaranteed.

Are DSTs only for 1031 exchanges?

While Delaware Statutory Trust investments are popular for 1031 exchanges, they're also available for direct cash investments by accredited investors seeking passive real estate exposure without 1031 exchange requirements.

What happens when the property sells?

Upon property sale, investors receive their proportional share of sale proceeds after repayment of debt, payment of disposition fees, and other expenses. Investors can then reinvest proceeds in another DST or other investment, potentially through another 1031 exchange to continue tax deferral.

Can I invest in multiple DSTs?

Yes, investors commonly build diversified portfolios by investing in multiple Delaware Statutory Trust properties across different asset classes, markets, and sponsors. This diversification reduces concentration risk while maintaining passive ownership benefits.

Conclusion and Next Steps

Delaware Statutory Trust investments offer accredited investors a pathway to passive real estate ownership with access to institutional-grade properties, portfolio diversification opportunities, and 1031 exchange qualification. However, these investments also involve significant limitations including lack of control, illiquidity, and dependence on sponsor performance.

Investors considering Delaware Statutory Trust investments should carefully evaluate their investment objectives, risk tolerance, liquidity needs, and control preferences. They should conduct thorough due diligence on sponsors, properties, and investment terms, and consult with tax advisors, qualified intermediaries, and other professionals to ensure DST investments align with their overall financial strategy.

For investors completing 1031 exchanges who seek to transition from active property management to passive ownership, Delaware Statutory Trust investments can provide an effective solution that maintains tax deferral benefits while eliminating management responsibilities. However, these investments require careful evaluation, professional guidance, and appropriate expectations about returns, risks, and investment characteristics.

Related Resources

Investors interested in Delaware Statutory Trust investments should explore additional resources including comprehensive 1031 exchange guides, DST due diligence frameworks, sponsor evaluation checklists, and tax planning resources. Professional advisors including registered investment advisors, tax professionals, and qualified intermediaries can provide valuable guidance throughout the evaluation and investment process.

Building a diversified DST portfolio requires understanding multiple properties, sponsors, and market conditions. Investors should take time to research available offerings, compare investment terms, and ensure they're working with reputable sponsors and intermediaries who prioritize investor interests and provide transparent information about risks and opportunities.

Thomas Wall

About the Author

Thomas Wall, Partner

Thomas Wall has nearly a decade of experience in alternative investments and real estate. He has helped financial advisors at banks and wirehouses navigate a broad spectrum of equity, debt, and retirement investments at AIG which contributed to over $200MM of capital invested. From there, Thomas specialized in helping real estate investors navigate the transition from active management to passive real estate investing. He advises high-net-worth investors on 1031 exchanges, DSTs, private real estate offerings, and REITs. He has helped investors through hundreds of 1031 exchanges, placing over $230MM of equity into real estate. Today, with Anchor1031, he focuses on providing his investors with the tools they need to accurately assess risk and successfully defer taxes when repositioning their real estate portfolio and making the transition from active manager to passive investor.

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Disclosure

Tax Complexity and Investment Risk

Tax laws and regulations, including but not limited to Internal Revenue Code Section 1031, bonus depreciation rules, cost segregation studies, and other tax strategies, contain complex concepts that may vary depending on individual circumstances. Tax consequences related to real estate investments, depreciation benefits, and other tax strategies discussed herein may vary significantly based on each investor's specific situation and current tax legislation. Anchor1031, LLC and Great Point Capital, LLC make no representation or warranty of any kind with respect to the tax consequences of your investment or that the IRS will not challenge any such treatment. You should consult with and rely on your own tax advisor about all tax aspects with respect to your particular circumstances. Please note that Anchor1031 and Great Point Capital, LLC do not provide tax advice.

Anchor1031

The information contained in this article is for general educational purposes only and does not constitute legal, tax, investment, or financial advice. This content is not a recommendation or offer to buy or sell securities. The content is provided as general information and should not be relied upon as a substitute for professional consultation with qualified legal, tax, or financial advisors.

Tax laws, regulations, and IRS guidance regarding 1031 exchanges are complex and subject to change. Information herein may include forward-looking statements, hypothetical information, calculations, or financial estimates that are inherently uncertain. Past performance is never indicative of future performance. The information presented may not reflect the most current legal developments, regulatory changes, or interpretations. Individual circumstances vary significantly, and strategies that may be appropriate for one investor may not be suitable for another.

All real estate investments, including 1031 exchanges, are speculative and involve substantial risk. There can be no assurance that any investor will not suffer significant losses, and a loss of part or all of the principal value may occur. Before making any investment decisions or implementing any 1031 exchange strategies, readers should consult with their own qualified legal, tax, and financial professionals who can provide advice tailored to their specific circumstances. Prospective investors should not proceed unless they can readily bear the consequences of potential losses.

While the author is a partner at Anchor1031, the views expressed are educational in nature and do not guarantee any particular outcome or create any obligations on behalf of the firm or author. Neither Anchor1031 nor the author assumes any liability for actions taken based on the information provided herein.