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Real Estate- Accredited Investors Welcome

We offer 1031 EXCHANGE DST INCOME PROPERTIES to Accredited Investors only. We offer Commercial Office Buildings, Shopping Centers, Apartment Complexes (Investment minimums for 1031 DST Properties generally tends to be $100,000 or more for accredited investors, who have a minimum net worth of $1,000,000 or Investment Entities with minimum assets of $5,000,000), Real Estate LLC's (generally the investment minimum is $25,000, and Real Estate Value Funds or Notes programs (generally the investment minimum is $50,000). CONTACT Mr. SID JAIN @ 408-836-3858 (direct) OR send email to sidjain@mymoneymall.com. Delaware Statutory Trust (DST) investments are accepted from investors who have either sold their existing real estate holdings and are now in CASH and will be doing 1031 exchange or investors who are coming as cash investors directly from Non Real Estate investments and are getting interest in income property as a DST investor.

DST's

What are these things called DST's? What are the benefits? How do they work? Are DST's right for me? The following section on DST's attempts to answer some of these questions:

Delaware Statutory Trust is a form of holding title to real property. It allows the owner/owners to own an undivided fractional interest in the entire property. In addition, it has become the preferred investment vehicle for real property investors who wish to defer capital gains via a 1031 exchange and own real property without the management headaches.

A popular choice among real estate investors seeking replacement property for their IRC Section 1031 tax deferred exchange is Delaware Statutory Trust Ownership (DST), also known as fractional ownership. Under this co-ownership structure, you will own an undivided fractional interest in an entire property and share in your portion of the net income, tax shelters, and growth. Further, you will receive interest in the property and have the same rights as a single owner. Because DST opportunities are often "packaged" with management and financing in place, DST's offer superior efficiency in the identification, acquisition, financing, closing, and operating stages of real estate ownership.

Furthermore, fractional ownership provides you with the ability to diversify your 1031 Tax Free Exchange into more than one property and to participate in potentially larger, institutional quality properties. Thus, small investors in one area of the country may participate in large industrial, commercial, and residential property investments all around the country with professional management.

DST investments provide simplicity by eliminating active property management headaches. Individuals who are tired of the day-to-day burdens of being a landlord or who own land and would like an income producing property will appreciate the benefits of a DST investment. Cash flow is generally paid monthly and is tax-sheltered via depreciation pass through and interest deductions. You may also share in the appreciation of the property when sold.

  • Minimum equity requirements as low as $100,000 allow you to invest in high quality, institutional grade properties. Otherwise, it may be prohibitive for you to acquire property with a billion-dollar credit-worthy tenant guaranteeing a long-term lease. These low minimums also allow you to diversify, which can reduce your risk by allowing investments in different locations, with various property types, tenants, industries, etc.
  • National real estate companies that structure these DST programs acquire (identify and locate, evaluate, arrange financing, etc.), manage (maintain, lease, collect rent, service mortgage), and sell the DST properties. They have a vested interest in the performance of the property. These companies have strong track records extensive experience in all sectors, types, and locations of real estate.
  • DST's enable you to replace the required debt on the 1031 when needed. Accredited investors assume non-recourse (no personal guarantee) financing existing on the property. You can invest in properties that have no debt or in ones with up to 70% leverage.
  • DST's provide the flexibility to avoid the taxable boot if your preferred real estate doesn't allow you to meet the full debt and equity requirements.
  • A ready inventory of DST properties allows individuals to easily identify properties within the 45-day identification period, acquire within the 180 days, or have a "back-up" property in case their preferred real estate falls through.
  • There are restrictions in transferring interests; the interests are not liquid investments.
  • There are a number of significant tax risks and tax issues involved with the purchase of an interest in these properties; investors should consult their own tax advisors and legal counsel.
  • The direct and indirect purchase of real property involves significant risks, including market risk and risks specific to a given property.
  • The purchase of real property with other investors, e.g., as a DST interest, present risks related to the relationship with those other investors.
  • Investment in most or any DST real property is expected to be leveraged; leverage may increase volatility and may increase the risk of investment loss.
  • The manager has broad authority and discretion over the property and the terms of financing; the various fees paid to the manager and its affiliates are significant and may offset profits related to the ownership and operation of real estate.
  • The investor(s) must carefully evaluate the tax status risks, impact of fees and expenses for their particular exchange into a DST property, which may outweigh the potential tax benefits.

DSTS at a Glance

To qualify, a DST must satisfy a number of complex rules:

  • The DST owns 100% of the real estate.
    • Investors have no personal liability. Annual LLC fees are also eliminated for investors.
    • Investors do not provide tax returns to lenders or sign loan documents �" lender does not underwrite the investors; the sponsor signs carve-out guaranty.
    • Investors have protection against any reprobate investors.
  • Lower investment minimums per participant.
  • A simple and efficient investment process with access for more investors.
  • The sponsor is in charge of managing the property and makes decisions when necessary.

A Delaware Statutory Trust (DST) is a distinct legal entity created as a trust under the statutory law of Delaware. In a DST, each owner is treated as owning an undivided interest in the real estate for tax purposes. DST offerings comply with the requirements of IRS Revenue Ruling 2004-86. This means that each owner's beneficial interest is treated as a direct interest in real estate for tax purposes.

The DST structure has proven to be superior to other fractionalized ownership structures. Lenders view the trust as a single borrower rather than having up to 35 individual borrowers in a tenant-in-common, or TIC, structure. DST programs qualify for favorable financing from conduit lenders, banks, life insurance companies and government agencies. In addition, because investors are not on title in a DST structure, investors need not form special purpose entities to hold their ownership and lenders look solely to the DST sponsor for any liability on loans. This means that DST investors have no personal liability whatsoever on DST loans.

What is a 1031 Exchange?

Section 1031 of the tax code provides one of the best strategies for the deferral of capital gains taxes which would ordinarily arise from the sale of real estate. Exchanging defers the recognition of the capital gains tax, leaving the property owner with substantially more proceeds to purchase a replacement property. The tax code states, "No gain or loss shall be recognized on the exchange of property held for productive use in a trade or business, or for investment purposes if such property is exchanged solely for property of like-kind, which is to be held for other productive use in trade or business or for investment purposes." Real Estate Investors can accomplish virtually any investment objective with 1031 exchanges, including greater leverage, diversification, improved cash flow, geographic relocation, and/or property consolidation.

Frequently Asked Questions

What is a 1031 Exchange?
A 1031 Exchange is a transaction in which a taxpayer is allowed to sell one property and buy another without a tax consequence. This can be done through a simultaneous or delayed 1031 Exchange. The transaction is authorized by Section 1031 of the IRS Code. It is the best strategy for the deferral of capital gains tax that would ordinarily arise from the sale of real estate.

A successful exchange results in the taxpayer being able to utilize 100% of the proceeds from the sale of property to purchase a new property, thereby deferring capital gains taxes.

How does it work?
A 1031 Exchange is usually a three-way delayed exchange, referred to as a "Starker Exchange", in which an intermediary is used to facilitate the transaction. There are four basic steps:

  1. Seller arranges for sale of property and includes exchange language in contract.
  2. At closing, sales proceeds go to a Qualified Intermediary for a 1031 Exchange.
  3. Seller identifies potential exchange properties within 45 days of the closing.
  4. Seller completes 1031 Exchange within 180 days of closing.

In a 1031 transaction, these steps can also occur simultaneously. Preferable, before you sell your property, you need to consider what type of replacement property will work best for you, and whether or not you want to own a whole or partial interest in a property. Increasingly, investors are choosing to purchase a partial DST interest for several reasons.

Advantages of Undivided DST Ownership
It is often difficult in the short 45-day time frame to locate a property that has the right purchase price, debt ratio, and closing schedule to meet the 1031 exchange requirements-and then arrange any financing that may be necessary. A DST ownership interest has a number of advantages, such as

  • Flexible size to match your needs
  • Pre-arranged financing
  • No management hassles
  • Potential for increased after-tax cash flow
  • Economies of sale
  • Can be identified and closed in a timely manner
  • Investment can often be diversified into more than one property

How will a DST 1031 Exchange benefit me?
You may own management-intensive real estate. Although you are comfortable with real estate investments and have had good returns in the past, you do not like the daily headaches that can accompany real estate management. You are ready to give up the hassles of dealing with tenants, maintaining facilities, paying property taxes, etc. You would like to sell your property but are faced with onerous tax consequences on the sale. You'd rather enjoy the income from the property and let someone else manage it. With a DST 1031 Exchange, you can do exactly that.

A DST 1031 Exchange allows you to exchange your management-intensive property for an institutional-quality property with the potential to generate steady income, tax benefits and appreciation. With a DST 1031 Exchange, you no longer have to feel burdened by your real estate. Through your management contract, a manager will be retained to manage the asset while you enjoy all the benefits of income property ownership-and freedom from management duties.

Your income from the replacement property may be higher than what you were receiving from the original property. You can earn substantial cash flow that may be up to 60% to 80% tax sheltered by the depreciation and expenses of your new basis in your DST purchase.

No capital gains taxes may be due until the replacement property is eventually sold. If you shuffle off this mortal coil while owning a property, your heirs will receive a stepped up basis and the capital gains tax will be completely avoided.

How do I get started?
Discuss your specific needs with your registered representative, SID JAIN @ 408-836-3858 (direct) OR send email to sidjain@mymoneymall.com or sidjain@aol.com Sid Jain will be happy to answer your questions and provide you with the information you need to consider a 1031 Exchange.

Why do business with Sid Jain/MoneyMallUSA Corp.? What is their role?
Sid Jain is a DST Broker in his capacity as a Registered Representative. Through Mr. Jain's relationships with companies that specialize in the 1031 DST form of ownership of income producing real estate, the chosen company will also assist you in finding Replacement Property(ies), close the deal with professional property managers in place, distribute monthly income checks and finally at tax year end, mail you an Operating Statement on each property you invested in, with that company. From start to finish, all you have to do is to take that operating statement to your tax professional for your tax purposes. Your cost basis is your own. Usually, most companies like to sell the DST Investor owned properties every 8 to 10 years. This also helps to UNLOCK any built up equity, thereby generating additional income on any new money(s).

The other advantage of doing business with us is that our existing DST 1031 Investors are usually given first preference upon sale of their current portfolio DST Properties with us, to exchange into a new property, generally reducing or eliminating the payment of current taxes on gains or having to find "like kind" replacement properties on their own. You can generally continue to repeat these tax favored investments into income producing real estate and enjoy a continuing income stream. Under current IRS Tax code, generally upon the investor's death, the heirs or your beneficiaries get stepped up cost basis. This can potentially save your heirs lot of money in income taxes. We do recommend that you should consult an Attorney or a Tax Professional for answers unique to your individual family, tax situation(s), etc.

Please call us at 408-836-3858 and ask for Sid Jain. Please be sure to leave us a message. We will usually get back to you in two business days or less. You can also email us at sidjain@mymoneymall.com. Thank you. 

1031 Terminology

Like-Kind Property
Like-Kind refers to the type of property being exchanged. You can exchange any real estate investment for any other type of real estate investment - for example, vacant land can be exchanged for rental property. In most cases your personal residence is not Like-Kind investment property.

Exchanging Up
To accomplish a fully tax-deferred exchange, the rule of thumb is "exchange even or up in value; exchange even or up in equity and in debt."

Boot
To the extent that you do not exchange even or up in value and/or exchange even or up in equity and debt, you will have received non-qualifying property ("boot") in your exchange. If boot is received, tax is computed on the amount of gain on the sale or the amount of boot received - whichever is lower.

Typical Exchange Addendum Language for Sales Contracts
"Buyer hereby acknowledges that it is the intent of the Seller to effect an IRC Section 1031 tax deferred exchange which will not delay the closing or cause additional expenses to the Buyer. The Seller's rights under this agreement may be assigned to a Qualified Intermediary, named by Seller, for the purpose of completing such an exchange. Buyer agrees to cooperate with the Seller and the Qualified Intermediary in a manner necessary to complete the Exchange"

1031 Do's & Don'ts

Do advanced planning for the exchange. Talk to your accountant, attorney, broker, financial planner, lender and Qualified Intermediary.

DO NOT miss your identification and exchange deadlines. Failure to identify within the 45-day identification period, or failure to acquire replacement property within the 180-day exchange period will disqualify the entire exchange. Reputable Intermediaries will not act on back-dated or late identifications.

DO keep in mind these three basic rules to qualify for complete tax deferral:

  • Receive only "like-kind" replacement property.
  • Use all proceeds from the relinquished property for purchasing the replacement property.
  • Make sure the debt on the replacement property is equal to or greater than the debt on the relinquished property. (Exception: a reduction in debt can be offset with additional cash; however a reduction in equity cannot be offset by increasing cash.)

DO NOT try to do a 1031 exchange yourself using your CPA or attorney to hold title or funds. IRS regulation requires a Qualified Intermediary to property complete an exchange. Call us for the name of one that operates in your area.

DO attempt to sell before you purchase. Occasionally exchangers find the ideal replacement property before a buyer is found for the relinquished property. If this situation occurs, a "reverse" exchange (buying before selling) may be necessary. Exchangers should be aware that reverse exchanges are considered a more aggressive exchange variation because no clear IRS guidelines exist.

DO NOT dissolve partnerships or change the manner of holding title during the exchange. A change in the Exchanger's legal relationship with the property may jeopardize the exchange.

IRS

The IRS provides an abundance of information on Section 1031, like-kind exchanges and other tax issues. For your convenience, we have incorporated some of the most relevant information that the IRS provides on their website.

In addition, we have included several IRS reference documents available for download from the Internal Revenue Website. 

 IRS Revenue Ruling 2004-86, DST https://www.irs.gov/irb/2004-33_IRB/ar07.html

For more detailed information on your personal tax issues, please visit www.irs.gov or speak to your tax advisor.

IRS Like-Kind Exchanges Tax Tips
Generally, if you exchange business or investment property solely for business or investment property of a like kind, no gain or loss is recognized under Internal Revenue Code Section 1031. If, as part of the exchange, you also receive other (not like-kind) property or money, gain is recognized to the extent of the other property and money received, but a loss is not recognized.

Section 1031 does not apply to exchanges of inventory, stocks, bonds, notes, other securities or evidence of indebtedness, or certain other assets.

IRS Frequently Asked Tax Questions And Answers

Can you sell rental property and reinvest it into rental property without paying capital gains tax?
Unless you exchange properties in a qualifying like-kind exchange, you may not defer the gain on the sale of your rental property by purchasing replacement property. For additional information on like-kind exchanges, refer to Publication 544, Sales and Other Dispositions of Assets.

I have heard that I can sell my rental property and use the proceeds to purchase rental property of greater value and the transaction is viewed just like an exchange in that the tax is deferred until the new property is sold. Is this true?
What you have heard about is a like-kind exchange. Like-kind exchanges are subject to several rules and restrictions listed in Publication 544, Sales and Other Dispositions of Assets.

We sold a rental property last year and used the Section 1031 Tax Deferred Exchange law to defer the gains into another like-kind property. How do I handle this transaction on my tax return?
Report the exchange of like-kind property on Form 8824, Like-Kind Exchanges. The instructions for the form explain how to report the details of the exchange. Report the exchange even though no gain or loss is recognized.

If you have any taxable gain because you received money or unlike property, report it on Form 4797, Sales of Business Property, and Form 1040, SCHEDULE D, Capital Gains and Losses. Refer to Publication 544, Sales and Other Dispositions of Assets, which has a detailed section on like-kind exchanges.

What is a Like-Kind Property?
Internal Revenue Code,  Section 1031 outlines the essentials for deferring tax gain on property sale to a "like kind" property. 

  • Property held for productive use in a trade or business, such as income property, or
  • Property held for investment

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