What Is a Delaware Statutory Trust (DST)?
A Delaware Statutory Trust (DST) allows investors to remain in real estate through fractional beneficial ownership of professionally managed property, while maintaining 1031 tax deferral. This structure is most commonly used by experienced owners who want to transition out of day-to-day management without exiting the asset class.
How DSTs Work in a 1031 Exchange
Under IRS Revenue Ruling 2004-86, DST interests may qualify as “like-kind” replacement property for a 1031 exchange. This enables an investor to sell a property, transfer proceeds to a Qualified Intermediary (QI), and reinvest those proceeds into a DST while continuing to defer capital gains tax.
Delaware Statutory Trusts are also frequently used to:
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Complete an exchange when a direct property purchase falls through late in the process
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Reduce 45-day identification risk
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Meet the 180-day closing window more reliably than a whole asset purchase
Key Reasons Investors Use DSTs in 1031 Exchanges
Passive ownership
All operations are handled by the sponsor—no management obligations for investors.
2. Like-kind eligibility for 1031 Exchange
A DST can qualify as replacement property and continue tax deferral.
3. Access to institutional real estate
Investors gain access to property types typically unavailable as sole owners.
4. Closing efficiency
Subscription timelines are often much faster than direct acquisitions.
5. Diversification
Capital can be allocated across multiple sponsors, asset types, and markets.
6. Estate planning alignment
DSTs may receive a step-up in basis at death under current law.
Additional Benefits
Beyond the core six reasons, DSTs also offer:
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Fractional flexibility – ability to spread capital across multiple properties
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Less coordination burden – no co-owner consensus required (unlike TICs)
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Elimination of property-level bookkeeping
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Predictability of execution inside the 45/180-day timeline
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Sponsor pre-underwriting reduces transaction friction
Risks and Limitations
DSTs are long-term, illiquid investments. While they can provide tax deferral and passive ownership, they also carry structural and market considerations:
• Illiquidity
DST interests are generally not designed to be sold before the sponsor-led exit event.
• No investor control
The sponsor/trustee makes all property-level decisions on behalf of investors.
• Market and interest rate exposure
Income and asset value may fluctuate based on economic conditions and tenant strength.
• Debt structure risk
If the DST is financed, the loan terms and maturity timeline may affect performance.
• Income is not guaranteed
Distributions depend on property cash flow and sponsor execution.
Fees and Expenses
DSTs contain both upfront and ongoing costs, which vary by sponsor and asset type. Key components typically include:
• Acquisition-related costs – incurred at the time of purchase
• Asset management fees – sponsor-level oversight of property operations
• Property-level expenses – reflected in net distributions
• Disposition-related costs – triggered at full cycle
These are not billed separately but are embedded in the offering. Suitability should be evaluated using net projected return after fees, rather than raw distribution yield.
What Happens at the End of a DST
A Delaware Statutory Trust investment concludes when the sponsor executes the sale of the underlying property. At that point, investors generally choose among three outcomes:
1. 1031 Exchange again
Continue tax deferral by reinvesting into another replacement property.
2. Optional 721 UPREIT (if available)
Exchange DST interests for operating partnership units in a REIT structure.
3. Tax recognition event
If no exchange is pursued, gains may be taxable.
Exit timing is determined by the sponsor based on market conditions, not investor preference. For this reason, long-term alignment and planning assumptions matter at the outset.
How the Process Works
1. Planning & suitability
Assess exchange timeline, objectives, and income/liquidity needs.
2. Offering selection
Evaluate sponsors, property type, capital structure, and risk profile.
3. Subscription
Execute offering documents and coordinate with the Qualified Intermediary (QI).
4. Closing
Funds transfer from QI; beneficial interest is issued.
5. Passive ownership
Sponsor manages operations and provides reporting.
6. Exit
Full-cycle event triggers next tax decision (exchange, UPREIT, or recognition).
Suitability Overview
DSTs may be appropriate for investors who:
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Want passive real estate ownership
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Are completing a 1031 exchange
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Have a multi-year hold horizon
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Do not require near-term liquidity
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Are accredited investors
DSTs are generally not appropriate for investors who:
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Want management control
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Need short-term access to capital
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Prefer tactical or short-duration strategies
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Cannot accept illiquidity
DST vs Other 1031 Replacement Structures
DST (Delaware Statutory Trust)
Best for: Passive ownership with 1031 eligibility
• Sponsor-managed operations
• No property oversight required
• Can diversify across multiple DSTs
• Illiquid during hold period
• No investor control over decisions
TIC (Tenants-in-Common)
Best for: Owners seeking deeded fractional ownership
• Qualifies for 1031
• Co-owners hold title
• Requires coordination among owners
• Slower decision-making than DSTs
Direct NNN Property
Best for: Owners who still want property-level control
• Direct deeded ownership
• Qualifies for 1031
• Income reliant on a single tenant
• Greater concentration risk
Public or Private REIT
Best for: Real estate exposure without 1031 tax deferral
• Offers diversification
• Liquidity varies by structure
• Not 1031-eligible on entry (unless UPREIT)
• Often used after a DST exit
What Working With Archer Looks Like
Most investors evaluating a DST do not need more listings—they need clarity on structure, suitability, and how this allocation fits into the broader exit strategy. Our role is not simply to place capital, but to ensure alignment between the replacement structure and the investor’s long-term planning objectives.
1. Discovery & objectives
Clarifying requirements, tax horizon, risk posture, and timing.
2. Screening & shortlisting
Evaluating sponsors, property fundamentals, and capitalization.
3. Allocation strategy
Designing income-weighted, balanced, or growth-tilted allocations.
4. Subscription & execution
Coordinating with the QI and sponsor through closing.
5. Full-cycle planning
Preparing for exchange, UPREIT, or post-DST repositioning.
Next Steps
If you are considering a DST as part of a 1031 exchange, the most important step is confirming whether the structure aligns with your portfolio objectives and exit planning horizon.