The Limitations of Delaware Statutory Trusts in 1031 Exchanges

The Limitations of Delaware Statutory Trusts in 1031 Exchanges

Delaware Statutory Trusts (DSTs) serve as a practical vehicle for deferring taxes in 1031 exchanges, yet they are not without limitations. Investors should be aware of constraints such as lack of control over properties and limited liquidity, which may impact the suitability of DSTs for certain investment goals.

Tenants-in-Common vs. Delaware Statutory Trusts

Tenants-in-Common (TIC) and Delaware Statutory Trusts (DST) are both ownership structures that allow multiple investors to collectively own real estate. However, they differ significantly in management structure, investor participation, and flexibility, making them suitable for different investor needs and strategies.

Aug 17, 2026

1031 Exchange into Delaware Statutory Trust: 3 Easy Steps

High-rise building, a great example of a building owned by a Delaware Statutory Trust.

Investors looking to defer capital gains taxes can utilize a 1031 Exchange to acquire Delaware Statutory Trusts (DSTs). This tax strategy allows property owners to reinvest proceeds into a DST, maintaining their investment without the burdens of direct property management.

Which Party Is Prohibited from Serving as a Qualified Intermediary in a 1031 Exchange?

Lease, rental and selling home. Real estate agent manager holding key for new owner. rent house, Sales, loan credit financial, insurance, Seller, dealer, installment, buy, sell, move in

In a 1031 exchange, a Qualified Intermediary (QI) cannot be the taxpayer's family member, employee, or anyone who has served the taxpayer as an agent, such as an attorney or real estate broker, within the two years prior to the transaction. This rule ensures the QI remains a neutral party, essential for compliance with IRS regulations.

What is the Average Cost of a Qualified Intermediary?

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The average cost of a Qualified Intermediary (QI), essential for managing 1031 Exchanges, typically ranges from $1,000 to $2,000. Costs may vary depending on the complexity of the exchange and whether additional professional services are required to ensure compliance and proper handling of the funds.

Who Qualifies As a Qualified Intermediary?

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A Qualified Intermediary (QI) is an essential participant in a 1031 exchange, responsible for facilitating the transaction by holding funds and ensuring IRS guidelines are followed. To qualify as a QI, the individual or entity cannot be the taxpayer themselves, nor can they be related or have worked with the taxpayer in specific capacities within the last two years.

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