If you’re an investor who owns a vacation rental, exchanging into a Delaware Statutory Trust (DST) may be an appealing strategy. Benefits like passive income and hands-off involvement are akin to owning the rental, minus the headaches of direct ownership. However, entering a DST through a 1031 exchange involves a few rules, one of which is that the properties must be like-kind. In other words, both relinquished and replacement assets must be held for investment.
DSTs are already qualified for 1031 exchanges, as you likely know, but the question is, does your vacation rental satisfy the requirements? Things can get tricky, so Realized 1031 is here with an insightful guide to help you navigate this complex undertaking.
1031 exchanges have strict rules, and investors must adhere to these regulations to maintain their tax-deferral benefits. In particular, assets must both be held for investment to be eligible for the exchange. Primary residences, therefore, don’t qualify for an exchange.
Vacation rentals are tricky because they can be used both for renting and personal enjoyment. Thankfully, Revenue Ruling 2008-16 provided safe harbor language for these assets to qualify for 1031 exchanges. These are the three details you need to remember.
There are clear timelines provided by the IRS, which provide clarity for vacation rental owners. However, problems will arise if you use the property more as a personal residence with occasional rentals. Habits like the following would support this assumption, which could lead to ineligibility.
With these red flags, the IRS may question your investment intent. If you try to exchange, you may not be eligible.
What can you do, then, to show that you have the intent to hold the property for investment? Aside from following the safe harbor guidelines, you can demonstrate your intent by keeping a record of rent or income statements. Having rental listings and agreements showing fair market rental rates also helps your case.
Furthermore, advertising efforts showcase your willingness to find people to rent the property. Finally, keeping minimal personal use logs and travel receipts helps show that you limited your stays in the property.
Exchanging vacation rentals for DST interests is possible, but investors must demonstrate their investment intent to be qualified. Following the safe harbor rules set by Revenue Ruling 2008-16 is just one step. There are several other strategies you can employ to remain compliant and avoid scrutiny from the IRS. To be sure, work with your tax expert or financial advisor to help with record-keeping and compliance. With these best practices, you can confidently exchange your vacation rental for beneficial DST interests.
Sources:
https://www.investopedia.com/financial-edge/0110/10-things-to-know-about-1031-exchanges.aspx